E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, SECOND SESSION

Vol. 144 WASHINGTON, TUESDAY, SEPTEMBER 22, 1998 No. 127 House of Representatives The House met at 10 a.m. and was PLEDGE OF ALLEGIANCE Mr. DODD, to be the conferees on the called to order by the Speaker pro tem- The SPEAKER pro tempore. Will the part of the Senate. pore (Mr. PETRI). gentleman from North Carolina (Mr. f f BALLENGER) come forward and lead the CONFERENCE REPORT ON H.R. 4112, House in the Pledge of Allegiance. LEGISLATIVE BRANCH APPRO- Mr. BALLENGER led the Pledge of DESIGNATION OF THE SPEAKER PRIATIONS ACT, 1999 PRO TEMPORE Allegiance as follows: I pledge allegiance to the Flag of the Mr. LIVINGSTON submitted the fol- The SPEAKER pro tempore laid be- United States of America, and to the Repub- lowing conference report and state- fore the House the following commu- lic for which it stands, one nation under God, ment on the bill (H.R. 4112) making ap- nication from the Speaker: indivisible, with liberty and justice for all. propriations for the Legislative Branch WASHINGTON, DC, f for the fiscal year ending September 30, September 22, 1998. 1999, and for other purposes: I hereby designate the Honorable THOMAS MESSAGE FROM THE SENATE CONFERENCE REPORT (H. REPT. 105–734) E. PETRI to act as Speaker pro tempore on A message from the Senate by Mr. The committee of conference on the dis- this day. Lundregan, one of its clerks, an- NEWT GINGRICH, agreeing votes of the two Houses on the Speaker of the House of Representatives. nounced that the Senate having pro- amendment of the Senate to the bill (H.R. ceeded to reconsider the bill (H.R. 1122) 4112) ‘‘making appropriations for the Legisla- f ‘‘An Act to amend title 18, United tive Branch for the fiscal year ending Sep- States Code, to ban partial-birth abor- tember 30, 1999, and for other purposes’’, hav- PRAYER tions,’’ returned by the President of ing met, after full and free conference, have the United States with his objections, agreed to recommend and do recommend to Reverend James R. Seale, Rector, All their respective Houses as follows: Saints Episcopal Church, Frederick, to the House, in which it originated, Amendment numbered 1: Maryland, offered the following prayer: and passed by the House on reconsider- That the House recede from its disagree- Let us pray. O God, Creator and Pre- ation of the same, it was resolved, that ment to the amendment of the Senate num- server of this world, we thank You for the said bill do not pass, two-thirds of bered 1, and agree to the same with an all the blessings we are so privileged to the Senators present not having voted amendment, as follows: enjoy in this land. We give thanks for in the affirmative. Strike all on page 2, line 5, of the House all who work at the local, State, and The message also announced that the engrossed bill, H.R. 4112, down through and including all on page 10, line 7, and in lieu of national levels to serve our citizens Senate had passed a bill of the follow- ing title, in which the concurrence of the matter stricken and inserted by said and uphold the freedoms we so cherish. amendment, insert the following: the House is requested: We pray for a gentle heart and courage TITLE I—CONGRESSIONAL OPERATIONS to prevail in all we do and say as we go S. 2317. An act to improve the National SENATE about this day. Wildlife Refuge System, and for other pur- And now I ask Your blessing on this poses. EXPENSE ALLOWANCES session of the House of Representatives The message also announced that the For expense allowances of the Vice President, and ask that today and each day You Senate disagrees to the amendment of $10,000; the President Pro Tempore of the Sen- ate, $10,000; Majority Leader of the Senate, bestow on each Member and their staff the House to the bill (S. 2206) ‘‘An Act to amend the Head Start Act, the Low- $10,000; Minority Leader of the Senate, $10,000; wisdom and perseverance to work for Majority Whip of the Senate, $5,000; Minority justice and peace here at home and Income Home Energy Assistance Act of Whip of the Senate, $5,000; and Chairmen of the throughout the world. Amen. 1981, and the Community Services Majority and Minority Conference Committees, Block Grant Act to reauthorize and $3,000 for each Chairman; in all, $56,000. f make improvements to those Acts, to REPRESENTATION ALLOWANCES FOR THE establish demonstration projects that MAJORITY AND MINORITY LEADERS THE JOURNAL provide an opportunity for persons For representation allowances of the Majority The SPEAKER pro tempore. The with limited means to accumulate as- and Minority Leaders of the Senate, $15,000 for Chair has examined the Journal of the sets, and for other purposes,’’ requests each such Leader; in all, $30,000. last day’s proceedings and announces a conference with the House on the dis- SALARIES, OFFICERS AND EMPLOYEES to the House his approval thereof. agreeing votes of the two Houses there- For compensation of officers, employees, and Pursuant to clause 1, rule I, the Jour- on, and appoints Mr. JEFFORDS, Mr. others as authorized by law, including agency nal stands approved. COATS, Mr. GREGG, Mr. KENNEDY, and contributions, $87,233,000, which shall be paid

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

H8085

. H8086 CONGRESSIONAL RECORD — HOUSE September 22, 1998 from this appropriation without regard to the SERGEANT AT ARMS AND DOORKEEPER OF THE (b) Section 101(b) of the Supplemental Appro- below limitations, as follows: SENATE priations Act, 1977 (2 U.S.C. 61h–6(b)) is amend- OFFICE OF THE VICE PRESIDENT For expenses of the Office of the Sergeant at ed by striking all after ‘‘(b)’’ through ‘‘to such For the Office of the Vice President, Arms and Doorkeeper of the Senate, $60,511,000, position’’ and inserting ‘‘Any or all appoint- $1,659,000. of which $5,000,000 shall remain available until ments under this section may be’’. September 30, 2000. (c) This section is effective on and after the OFFICE OF THE PRESIDENT PRO TEMPORE date of enactment of this Act. MISCELLANEOUS ITEMS For the Office of the President Pro Tempore, SEC. 5. (a) There is established the Senate $402,000. For miscellaneous items, $8,655,000. Leader’s Lecture Series (hereinafter referred to OFFICES OF THE MAJORITY AND MINORITY SENATORS’ OFFICIAL PERSONNEL AND OFFICE as the ‘‘lecture series’’). Expenses incurred in LEADERS EXPENSE ACCOUNT connection with the lecture series shall be paid For Offices of the Majority and Minority For Senators’ Official Personnel and Office from the appropriations account ‘‘Secretary of Leaders, $2,436,000. Expense Account, $239,156,000. the Senate’’ within the contingent fund of the OFFICES OF THE MAJORITY AND MINORITY WHIPS Senate and shall not exceed $30,000 in any fiscal OFFICIAL MAIL COSTS For Offices of the Majority and Minority year. For expenses necessary for official mail costs Whips, $1,416,000. (b) Payments for expenses in connection with of the Senate, $300,000. the lecture series may cover expenses incurred COMMITTEE ON APPROPRIATIONS ADMINISTRATIVE PROVISIONS by speakers, including travel, subsistence, and For salaries of the Committee on Appropria- per diem, and the cost of receptions, including tions, $6,050,000. SECTION 1. (a) Effective in the case of any fis- cal year which begins on or after October 1, food, food related items, and hospitality. CONFERENCE COMMITTEES 1998, clause (iii) of paragraph (3)(A) of section (c) Payments for expenses of the lecture series For the Conference of the Majority and the 506(b) of the Supplemental Appropriations Act, shall be made on vouchers approved by the Sec- Conference of the Minority, at rates of com- 1973 (2 U.S.C. 58(b)) is amended to read as fol- retary of the Senate. pensation to be fixed by the Chairman of each lows: (d) This section is effective on and after Octo- such committee, $1,092,000 for each such commit- ‘‘(iii) subject to subparagraph (B), in case the ber 1, 1997. SEC. 6. (a) The Sergeant at Arms and Door- tee; in all, $2,184,000. Senator represents Alabama, $183,565, Alaska, keeper of the Senate is authorized to appoint OFFICES OF THE SECRETARIES OF THE CON- $252,505, Arizona, $197,409, Arkansas, $168,535, and fix the compensation of such employees as FERENCE OF THE MAJORITY AND THE CON- California, $470,272, Colorado, $187,366, Con- may be necessary to operate Senate Hair Care FERENCE OF THE MINORITY necticut, $161,691, Delaware, $127,384, Florida, Services. For Offices of the Secretaries of the Con- $302,307, Georgia, $211,784, Hawaii, $279,648, (b) There is established in the Treasury of the ference of the Majority and the Conference of Idaho, $163,841, Illinois, $267,000, Indiana, United States within the contingent fund of the the Minority, $570,000. $195,391, Iowa, $171,340, Kansas, $168,912, Ken- Senate a revolving fund to be known as the Sen- tucky, $176,975, Louisiana, $186,714, Maine, POLICY COMMITTEES ate Hair Care Services Revolving Fund (here- $148,205, Maryland, $172,455, Massachusetts, For salaries of the Majority Policy Committee after in this section referred to as the ‘‘revolving $196,819, Michigan, $235,846, Minnesota, and the Minority Policy Committee, $1,109,000 fund’’). $187,742, Mississippi, $168,587, Missouri, for each such committee; in all, $2,218,000. (c)(1) All moneys received by Senate Hair Care $198,365, Montana, $161,857, Nebraska, $160,550, Services from fees for services or from any other OFFICE OF THE CHAPLAIN Nevada, $171,208, New Hampshire, $142,497, New For Office of the Chaplain, $267,000. source shall be deposited in the revolving fund. Jersey, $207,754, New Mexico, $166,721, New (2) Moneys in the revolving fund shall be OFFICE OF THE SECRETARY York, $328,586, North Carolina, $212,711, North available without fiscal year limitation for dis- For Office of the Secretary, $13,694,000. Dakota, $150,225, Ohio, $262,252, Oklahoma, bursement by the Secretary of the Senate— OFFICE OF THE SERGEANT AT ARMS AND $181,913, Oregon, $189,258, Pennsylvania, (A) for the payment of salaries and agency DOORKEEPER $267,240, Rhode Island, $138,637, South Caro- contributions of employees of Senate Hair Care For Office of the Sergeant at Arms and Door- lina, $171,731, South Dakota, $151,838, Ten- Services; and keeper, $33,805,000. nessee, $192,508, Texas, $353,911, Utah, $168,959, (B) for necessary supplies, equipment, and Vermont, $136,315, Virginia, $193,935, Washing- OFFICES OF THE SECRETARIES FOR THE MAJORITY other expenses of Senate Hair Care Services. ton, $213,887, West Virginia, $149,135, Wisconsin, AND MINORITY (d) Disbursements from the revolving fund $191,314, Wyoming, $153,016, plus’’. shall be made upon vouchers signed by the Ser- For Offices of the Secretary for the Majority (b) Subparagraph (B) of section 506(b)(3) of and the Secretary for the Minority, $1,200,000. geant at Arms and Doorkeeper of the Senate, ex- the Supplemental Appropriations Act, 1973 (2 cept that vouchers shall not be required for the AGENCY CONTRIBUTIONS AND RELATED EXPENSES U.S.C. 58(b)(3)) is amended— disbursement of salaries paid at an annual rate. For agency contributions for employee bene- (1) by striking ‘‘the amount referred to in sub- (e) At the direction of the Committee on Rules fits, as authorized by law, and related expenses, paragraph (A)(iii)’’ and inserting ‘‘that part of and Administration, the Secretary of the Senate $21,332,000. the amount referred to in subparagraph (A)(iii) shall withdraw from the revolving fund and de- OFFICE OF THE LEGISLATIVE COUNSEL OF THE that is not specifically allocated for official mail posit in the Treasury of the United States as SENATE expenses’’; and miscellaneous receipts all moneys in the revolv- For salaries and expenses of the Office of the (2) by inserting before the period at the end ing fund that the Committee may determine are Legislative Counsel of the Senate, $3,753,000. the following: ‘‘; and the part of the amount re- in excess of the current and reasonably foresee- ferred to in subparagraph (A)(iii) that is allo- OFFICE OF SENATE LEGAL COUNSEL able needs of Senate Hair Care Services. cated for official mail expenses shall be recal- (f) The Sergeant at Arms and Doorkeeper of For salaries and expenses of the Office of Sen- culated in accordance with regulations of the the Senate is authorized to prescribe such regu- ate Legal Counsel, $1,004,000. Committee on Rules and Administration’’. lations as may be necessary to carry out the EXPENSE ALLOWANCES OF THE SECRETARY OF SEC. 2. (a) Section 2(b) of Public Law 104–53 (2 provisions of this section, subject to the ap- THE SENATE, SERGEANT AT ARMS AND DOOR- U.S.C. 61d–3(b)) is amended by striking proval of the Committee on Rules and Adminis- KEEPER OF THE SENATE, AND SECRETARIES FOR ‘‘$10,000’’ and inserting ‘‘$35,000’’. tration. THE MAJORITY AND MINORITY OF THE SENATE (b) The amendment made by subsection (a) is (g) There is transferred to the revolving fund For expense allowances of the Secretary of the effective on and after October 1, 1998. established by this section any unobligated bal- Senate, $3,000; Sergeant at Arms and Door- SEC. 3. Subsection (a) of the first section of ance in the fund established by section 106 of keeper of the Senate, $3,000; Secretary for the Senate Resolution 149, agreed to October 5, 1993 Public Law 94–440 on the effective date of this Majority of the Senate, $3,000; Secretary for the (103d Congress, 1st Session), as amended by Sen- section. Minority of the Senate, $3,000; in all, $12,000. ate Resolution 299, agreed to September 24, 1996 (h)(1) Section 106 of Public Law 94–440 is re- CONTINGENT EXPENSES OF THE SENATE (104th Congress, 2d Session), is amended by pealed. INQUIRIES AND INVESTIGATIONS striking ‘‘until December 31, 1998’’ and inserting (2) Section 10(a) of Public Law 100–458 is re- ‘‘until December 31, 2000’’. For expenses of inquiries and investigations pealed. SEC. 4. (a) Section 101(a) of the Supplemental (i) This section shall be effective on and after ordered by the Senate, or conducted pursuant to Appropriations Act, 1977 (2 U.S.C. 61h–6(a)) is October 1, 1998, or 30 days after the date of en- section 134(a) of Public Law 601, Seventy-ninth amended— actment of this Act, whichever is later. Congress, as amended, section 112 of Public Law (1) by inserting after the first sentence the fol- SEC. 7. The amount available to the Committee 96–304 and Senate Resolution 281, agreed to lowing: ‘‘The President pro tempore of the Sen- on Rules and Administration for expenses under March 11, 1980, $66,800,000. ate is authorized to appoint and fix the com- section 16(c) of Senate Resolution 54, agreed to EXPENSES OF THE UNITED STATES SENATE CAUCUS pensation of 1 consultant, on a temporary or February 13, 1997, is increased by $150,000. ON INTERNATIONAL NARCOTICS CONTROL intermittent basis, at a daily rate of compensa- SEC. 8. Effective on and after October 1, 1998, For expenses of the United States Senate Cau- tion not in excess of that specified in the first each of the dollar amounts contained in the cus on International Narcotics Control, $370,000. sentence of this subsection.’’; and table under section 105(d)(1)(A) of the Legisla- SECRETARY OF THE SENATE (2) in the sentence that begins ‘‘The provi- tive Branch Appropriations Act, 1968 (2 U.S.C. For expenses of the Office of the Secretary of sions of’’, by striking ‘‘section 8344’’ and insert- 61–1(d)(1)(A)) shall be deemed to be the dollar the Senate, $1,511,000. ing ‘‘sections 8344 and 8468’’. amounts in that table, as increased by section 5 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8087 of Public Law 105–55, increased by an addi- ington metropolitan area and the State of that Resources, of which $23,074,000 is provided here- tional $50,000 each. Member.’’. in: Provided, That of the amount provided for SEC. 9. (a) With the prior written approval of SEC. 13. Senate Resolution 286, 102d Congress, House Information Resources, $7,130,000 shall be the Committee on Rules and Administration of agreed to April 9, 1992, is amended by adding at for net expenses of telecommunications: Pro- the Senate, the Sergeant at Arms and Door- the end of subsection (a) the following: vided further, That House Information Re- keeper of the Senate may enter into agreements ‘‘Fees established under this subsection for serv- sources is authorized to receive reimbursement with public or private parties for the purpose of ices received from the Attending Physician by a from Members of the House of Representatives demonstrating the use of alternative fuel vehi- Senator or an officer of the Senate shall be and other governmental entities for services pro- cles (as defined in section 301(2) of the Energy equal to the fees for such services received by a vided and such reimbursement shall be deposited Policy Act of 1992 (Public Law 102–486)) in Sen- member of the House of Representatives.’’. in the Treasury for credit to this account; for ate fleet operations. Any such agreement may salaries and expenses of the Office of the In- HOUSE OF REPRESENTATIVES also provide for necessary fueling infrastructure spector General, $3,953,000; for salaries and ex- in connection with the alternative fuel vehicles. PAYMENTS TO WIDOWS AND HEIRS OF DECEASED penses of the Office of General Counsel, (b) A vehicle may be made available under MEMBERS OF CONGRESS $840,000; for the Office of the Chaplain, $133,000; subsection (a) for a period not exceeding 90 For payment to Marcia S. Schiff, widow of for salaries and expenses of the Office of the days. Steven H. Schiff, late a Representative from the Parliamentarian, including the Parliamentarian SEC. 10. (a) The Committee on Appropriations State of New Mexico, $136,700. and $2,000 for preparing the Digest of Rules, is authorized in its discretion— SALARIES AND EXPENSES $1,106,000; for salaries and expenses of the Of- (1) to hold hearings, report such hearings, fice of the Law Revision Counsel of the House, For salaries and expenses of the House of and make investigations as authorized by para- $1,912,000; for salaries and expenses of the Of- Representatives, $733,971,000, as follows: graph 1 of rule XXVI of the Standing Rules of fice of the Legislative Counsel of the House, the Senate; HOUSE LEADERSHIP OFFICES $4,980,000; for salaries and expenses of the Cor- (2) to make expenditures from the contingent For salaries and expenses, as authorized by rections Calendar Office, $799,000; and for other fund of the Senate; law, $13,117,000, including: Office of the Speak- authorized employees, $191,000. (3) to employ personnel; er, $1,686,000, including $25,000 for official ex- ALLOWANCES AND EXPENSES (4) with the prior consent of the Government penses of the Speaker; Office of the Majority For allowances and expenses as authorized by department or agency concerned and the Com- Floor Leader, $1,652,000, including $10,000 for House resolution or law, $136,468,000, including: mittee on Rules and Administration to use, on a official expenses of the Majority Leader; Office supplies, materials, administrative costs and reimbursable or nonreimbursable basis, the serv- of the Minority Floor Leader, $1,675,000, includ- Federal tort claims, $2,575,000; official mail for ices of personnel of any such department or ing $10,000 for official expenses of the Minority committees, leadership offices, and administra- agency; Leader; Office of the Majority Whip, including tive offices of the House, $410,000; Government (5) to procure the services of individual con- the Chief Deputy Majority Whip, $1,043,000, in- contributions for health, retirement, Social Se- sultants, or organizations thereof (as authorized cluding $5,000 for official expenses of the Major- curity, and other applicable employee benefits, by section 202(i) of the Legislative Reorganiza- ity Whip; Office of the Minority Whip, includ- $132,832,000; and miscellaneous items including tion Act of 1946 and Senate Resolution 140, ing the Chief Deputy Minority Whip, $1,020,000, purchase, exchange, maintenance, repair and agreed to May 14, 1975); and including $5,000 for official expenses of the Mi- operation of House motor vehicles, inter- (6) to provide for the training of the profes- nority Whip; Speaker’s Office for Legislative parliamentary receptions, and gratuities to heirs sional staff of such committee (under procedures Floor Activities, $397,000; Republican Steering of deceased employees of the House, $651,000. specified by section 202(j) of such Act). Committee, $738,000; Republican Conference, CHILD CARE CENTER (b) Senate Resolution 54, agreed to February $1,199,000; Democratic Steering and Policy Com- For salaries and expenses of the House of 13, 1997, is amended by striking section 4. mittee, $1,295,000; Democratic Caucus, $642,000; Representatives Child Care Center, such (c) This section shall be effective on and after nine minority employees, $1,190,000; training amounts as are deposited in the account estab- October 1, 1998, or the date of enactment of this and program development—majority, $290,000; lished by section 312(d)(1) of the Legislative Act, whichever is later. and training and program development—minor- Branch Appropriations Act, 1992 (40 U.S.C. SEC. 11. (a)(1) The Chairman of the Appro- ity, $290,000. priations Committee of the Senate may, during 184g(d)(1)), subject to the level specified in the MEMBERS’ REPRESENTATIONAL ALLOWANCES any fiscal year, at his or her election transfer budget of the Center, as submitted to the Com- funds from the appropriation account for sala- INCLUDING MEMBERS’ CLERK HIRE, OFFICIAL mittee on Appropriations of the House of Rep- ries for the Appropriations Committee of the EXPENSES OF MEMBERS, AND OFFICIAL MAIL resentatives. Senate, to the account, within the contingent For Members’ representational allowances, in- ADMINISTRATIVE PROVISIONS fund of the Senate, from which expenses are cluding Members’ clerk hire, official expenses, SEC. 101. (a) Section 2(a) of House Resolution payable for such committee. and official mail, $385,279,000. 611, Ninety-seventh Congress, agreed to Novem- (2) The Chairman of the Appropriations Com- COMMITTEE EMPLOYEES ber 30, 1982, as enacted into permanent law by mittee of the Senate may, during any fiscal section 127 of Public Law 97–377 (2 U.S.C. 88b– STANDING COMMITTEES, SPECIAL AND SELECT year, at his or her election transfer funds from 3), is amended— the appropriation account for expenses, within For salaries and expenses of standing commit- (1) by adding ‘‘and’’ at the end of paragraph the contingent fund of the Senate, for the Ap- tees, special and select, authorized by House res- (1); propriations Committee of the Senate, to the ac- olutions, $89,743,000: Provided, That such (2) by striking ‘‘; and’’ at the end of para- count from which salaries are payable for such amount shall remain available for such salaries graph (2) and inserting a period; and committee. and expenses until December 31, 2000. (3) by striking paragraph (3). (b) Any funds transferred under this section COMMITTEE ON APPROPRIATIONS (b) The amendment made by subsection (a) shall be— shall apply with respect to the One Hundred For salaries and expenses of the Committee on (1) available for expenditure by such commit- Sixth Congress and each succeeding Congress. Appropriations, $19,373,000, including studies tee in like manner and for the same purposes as SEC. 102. Subsection (b) of the first section of and examinations of executive agencies and are other moneys which are available for ex- House Resolution 1047, Ninety-fifth Congress, temporary personal services for such committee, penditure by such committee from the account agreed to April 4, 1978, as enacted into perma- to be expended in accordance with section 202(b) to which the funds were transferred; and nent law by section 111 of the Legislative of the Legislative Reorganization Act of 1946 (2) made at such time or times as the Chair- Branch Appropriations Act, 1979 (2 U.S.C. 130– and to be available for reimbursement to agen- man shall specify in writing to the Senate Dis- 1(b)), is amended by striking ‘‘$55,000’’ and in- cies for services performed: Provided, That such bursing Office. serting ‘‘$80,000’’. amount shall remain available for such salaries (c) This section shall take effect on October 1, SEC. 103. (a) There is hereby established an 1998, and shall be effective with respect to fiscal and expenses until December 31, 2000. account in the House of Representatives for pur- years beginning on or after that date. SALARIES, OFFICERS AND EMPLOYEES poses of carrying out training and program de- SEC. 12. USE OF FREQUENT FLYER MILES BY For compensation and expenses of officers and velopment activities of the Republican Con- MEMBERS OF THE SENATE. Section 507(a) of the employees, as authorized by law, $89,991,000, in- ference and the Democratic Steering and Policy Congressional Accountability Act of 1995 (2 cluding: for salaries and expenses of the Office Committee. U.S.C. 1436(a)) is amended— of the Clerk, including not more than $3,500, of (b) Subject to the allocation described in sub- (1) by striking ‘‘Notwithstanding’’ and insert- which not more than $2,500 is for the Family section (c), funds in the account established ing the following: Room, for official representation and reception under subsection (a) shall be paid— ‘‘(1) IN GENERAL.—Except as provided in para- expenses, $15,365,000; for salaries and expenses (1) for activities of the Republican Conference graph (2), notwithstanding’’; and of the Office of the Sergeant at Arms, including in such amounts, at such times, and under such (2) by adding at the end the following: the position of Superintendent of Garages, and terms and conditions as the Speaker of the ‘‘(2) TRAVEL BETWEEN THE WASHINGTON MET- including not more than $750 for official rep- House of Representatives may direct; and ROPOLITAN AREA AND A HOME STATE.—Para- resentation and reception expenses, $3,501,000; (2) for activities of the Democratic Steering graph (1) shall not apply to any travel award for salaries and expenses of the Office of the and Policy Committee in such amounts, at such relating to air transportation for a Member of Chief Administrative Officer, $57,211,000, includ- times, and under such terms and conditions as the Senate, the spouse of that Member, or a son ing $24,282,000 for salaries, expenses and tem- the Minority Leader of the House of Representa- or daughter of that Member, between the Wash- porary personal services of House Information tives may direct. H8088 CONGRESSIONAL RECORD — HOUSE September 22, 1998 (c) Of the total amount in the account estab- ‘‘(D) reimbursement of expenses incurred by services, forensic services, stenographic services, lished under subsection (a)— the Chief Administrative Office of the House of personal and professional services, the employee (1) 50 percent shall be allocated to the Speaker Representatives to cover the costs of furnishings assistance program, not more than $2,000 for the for payments for activities of the Republican and furniture to accommodate the needs of the awards program, postage, telephone service, Conference; and House of Representatives child care center.’’ travel advances, relocation of instructor and li- (2) 50 percent shall be allocated to the Minor- JOINT ITEMS aison personnel for the Federal Law Enforce- ity Leader for payments for activities of the For Joint Committees, as follows: ment Training Center, and $85 per month for Democratic Steering and Policy Committee. extra services performed for the Capitol Police (d) There are authorized to be appropriated to JOINT ECONOMIC COMMITTEE Board by an employee of the Sergeant at Arms the account under this section for fiscal year For salaries and expenses of the Joint Eco- of the Senate or the House of Representatives 1999 and each succeeding fiscal year such sums nomic Committee, $3,096,000, to be disbursed by designated by the Chairman of the Board, as may be necessary for training and program the Secretary of the Senate. $6,237,000, to be disbursed by the Chief Adminis- development activities of the Republican Con- JOINT COMMITTEE ON PRINTING trative Officer of the House of Representatives: ference and the Democratic Steering and Policy For salaries and expenses of the Joint Commit- Provided, That, notwithstanding any other pro- Committee during the fiscal year. tee on Printing, $202,000, together with an addi- vision of law, the cost of basic training for the SEC. 104. (a) Section 311(e)(2) of the Legisla- Capitol Police at the Federal Law Enforcement tive Branch Appropriations Act, 1991 (2 U.S.C. tional amount of $150,000 if there is enacted into law legislation which transfers the legislative Training Center for fiscal year 1999 shall be 59(e)(2)) is amended— paid by the Secretary of the Treasury from (1) by adding ‘‘and’’ at the end of subpara- and oversight responsibilities of the Joint Com- funds available to the Department of the Treas- graph (B); mittee on Printing to the Committee on House ury. (2) in subparagraph (C), by striking ‘‘; and’’ Oversight of the House of Representatives: Pro- and inserting a period; and vided, That such additional amount shall be ADMINISTRATIVE PROVISION (3) by striking subparagraph (D). transferred to the Committee on House Over- SEC. 111. Amounts appropriated for fiscal year (b) Section 311(e) of such Act (2 U.S.C. 59e(e)) sight of the House of Representatives and made 1999 for the Capitol Police Board for the Capitol is amended by striking paragraph (4). available beginning January 1, 1999: Provided Police may be transferred between the headings SEC. 105. Notwithstanding any other provision further, That all such funds are to be disbursed ‘‘SALARIES’’ and ‘‘GENERAL EXPENSES’’ upon the of law or any other rule or regulation, any in- by the Secretary of the Senate. approval of— formation on payments made by the Committee JOINT COMMITTEE ON TAXATION on Standards of Official Conduct of the House (1) the Committee on Appropriations of the For salaries and expenses of the Joint Commit- of Representatives to an individual for attend- House of Representatives, in the case of tee on Taxation, $5,965,400, to be disbursed by ance as a witness before the Committee in execu- amounts transferred from the appropriation pro- the Chief Administrative Officer of the House. tive session during a Congress shall be reported vided to the Sergeant at Arms of the House of For other joint items, as follows: not later than the second semiannual report Representatives under the heading ‘‘SALARIES’’; filed under section 106 of the House of Rep- OFFICE OF THE ATTENDING PHYSICIAN (2) the Committee on Appropriations of the resentatives Administrative Reform Technical For medical supplies, equipment, and contin- Senate, in the case of amounts transferred from Corrections Act (2 U.S.C. 104b) in the following gent expenses of the emergency rooms, and for the appropriation provided to the Sergeant at Congress. the Attending Physician and his assistants, in- Arms and Doorkeeper of the Senate under the SEC. 106. (a) Notwithstanding any other provi- cluding: (1) an allowance of $1,500 per month to heading ‘‘SALARIES’’; and sion of law, the Committee on House Oversight the Attending Physician; (2) an allowance of (3) the Committees on Appropriations of the may prescribe by regulation appropriate condi- $500 per month each to two medical officers Senate and the House of Representatives, in the tions for the incidental use, for other than offi- while on duty in the Office of the Attending case of other transfers. cial business, of equipment and supplies owned Physician; (3) an allowance of $500 per month to CAPITOL GUIDE SERVICE AND SPECIAL SERVICES or leased by, or the cost of which is reimbursed one assistant and $400 per month each to not to OFFICE by, the House of Representatives. exceed nine assistants on the basis heretofore (b) The authority of the Committee on House provided for such assistants; and (4) $893,000 for For salaries and expenses of the Capitol Guide Oversight to prescribe regulations pursuant to reimbursement to the Department of the Navy Service and Special Services Office, $2,195,000, to subsection (a) shall apply with respect to fiscal for expenses incurred for staff and equipment be disbursed by the Secretary of the Senate: Pro- year 1999 and each succeeding fiscal year. assigned to the Office of the Attending Physi- vided, That no part of such amount may be used SEC. 107. (a) The Speaker, Majority Leader, cian, which shall be advanced and credited to to employ more than forty-three individuals: and Minority Leader of the House of Represent- the applicable appropriation or appropriations Provided further, That the Capitol Guide Board atives are each authorized to appoint and fix from which such salaries, allowances, and other is authorized, during emergencies, to employ not the compensation of one consultant, on a tem- expenses are payable and shall be available for more than two additional individuals for not porary or intermittent basis, at a daily rate of all the purposes thereof, $1,415,000, to be dis- more than 120 days each, and not more than ten compensation not in excess of the per diem bursed by the Chief Administrative Officer of additional individuals for not more than six equivalent of the highest gross rate of annual the House. months each, for the Capitol Guide Service. compensation which may be paid to employees CAPITOL POLICE BOARD STATEMENTS OF APPROPRIATIONS of a standing committee of the House. (b) This section shall apply with respect to fis- CAPITOL POLICE For the preparation, under the direction of cal year 1999 and each succeeding fiscal year. SALARIES the Committees on Appropriations of the Senate SEC. 108. Any amount appropriated in this Act For the Capitol Police Board for salaries of of- and the House of Representatives, of the state- for ‘‘HOUSE OF REPRESENTATIVES—SALA- ficers, members, and employees of the Capitol ments for the second session of the One Hundred RIES AND EXPENSES—MEMBERS’ REPRESENTA- Police, including overtime, hazardous duty pay Fifth Congress, showing appropriations made, TIONAL ALLOWANCES’’ shall be available only for differential, clothing allowance of not more indefinite appropriations, and contracts author- fiscal year 1999. Any amount remaining after all than $600 each for members required to wear ci- ized, together with a chronological history of payments are made under such allowances for vilian attire, and Government contributions for the regular appropriations bills as required by such fiscal year shall be deposited in the Treas- health, retirement, Social Security, and other law, $30,000, to be paid to the persons des- ury, to be used for deficit reduction. applicable employee benefits, $76,844,000, of ignated by the chairmen of such committees to SEC. 109. (a) Notwithstanding any other provi- which $37,037,000 is provided to the Sergeant at supervise the work. sion of law, official resources may be used dur- Arms of the House of Representatives, to be dis- OFFICE OF COMPLIANCE ing a fiscal year (beginning with fiscal year bursed by the Chief Administrative Officer of 1999), in accordance with regulations of the the House, and $39,807,000 is provided to the SALARIES AND EXPENSES Committee on House Oversight, to reimburse a Sergeant at Arms and Doorkeeper of the Senate, For salaries and expenses of the Office of Member, officer, or employee of the House of to be disbursed by the Secretary of the Senate: Compliance, as authorized by section 305 of the Representatives for the ordinary and necessary Provided, That, of the amounts appropriated Congressional Accountability Act of 1995 (2 expenses related to the official use of tele- under this heading, such amounts as may be U.S.C. 1385), $2,086,000. communications lines in the residence of the necessary may be transferred between the Ser- Member, officer, or employee. geant at Arms of the House of Representatives CONGRESSIONAL BUDGET OFFICE (b) The Committee on House Oversight shall and the Sergeant at Arms and Doorkeeper of the SALARIES AND EXPENSES promulgate such regulations as are necessary to Senate, upon approval of the Committee on Ap- For salaries and expenses necessary to carry implement this section. propriations of the House of Representatives SEC. 110. Section 121 of Public Law 104–99 is out the provisions of the Congressional Budget and the Committee on Appropriations of the Act of 1974 (Public Law 93–344), including not amended in subsection (b)(2)— Senate. (1) by striking in subparagraph (B) ‘‘and’’ more than $2,500 to be expended on the certifi- after the semicolon; and GENERAL EXPENSES cation of the Director of the Congressional (2) by striking the period at the end of sub- For the Capitol Police Board for necessary ex- Budget Office in connection with official rep- paragraph (C) and inserting ‘‘; and’’ therefor; penses of the Capitol Police, including motor ve- resentation and reception expenses, $25,671,000: and hicles, communications and other equipment, se- Provided, That no part of such amount may be (3) by adding after subparagraph (C) the fol- curity equipment and installation, uniforms, used for the purchase or hire of a passenger lowing new subparagraph: weapons, supplies, materials, training, medical motor vehicle. September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8089 ARCHITECT OF THE CAPITOL any publication, or preparation of material (2) inserting after paragraph (1) the following: CAPITOL BUILDINGS AND GROUNDS therefor (except the Digest of Public General ‘‘(2) The Secretary of the Treasury shall in- Bills), to be issued by the Library of Congress vest any portion of the account designated in CAPITOL BUILDINGS unless such publication has obtained prior ap- paragraph (1) that, as determined by the Archi- SALARIES AND EXPENSES proval of either the Committee on House Over- tect, is not required to meet current expenses. For salaries for the Architect of the Capitol, sight of the House of Representatives or the Each investment shall be made in an interest- the Assistant Architect of the Capitol, and other Committee on Rules and Administration of the bearing obligation of the United States or an ob- personal services, at rates of pay provided by Senate: Provided further, That, notwithstand- ligation guaranteed both as to principal and in- law; for surveys and studies in connection with ing any other provision of law, the compensa- terest by the United States that, as determined activities under the care of the Architect of the tion of the Director of the Congressional Re- by the Architect, has a maturity date suitable Capitol; for all necessary expenses for the main- search Service, Library of Congress, shall be at for the purposes of the account. The Secretary tenance, care and operation of the Capitol and an annual rate which is equal to the annual of the Treasury shall credit interest earned on electrical substations of the Senate and House rate of basic pay for positions at level IV of the the obligations to the account.’’. office buildings under the jurisdiction of the Ar- Executive Schedule under section 5315 of title 5, LIBRARY OF CONGRESS chitect of the Capitol, including furnishings and United States Code. SALARIES AND EXPENSES office equipment, including not more than $1,000 GOVERNMENT PRINTING OFFICE for official reception and representation ex- For necessary expenses of the Library of Con- CONGRESSIONAL PRINTING AND BINDING penses, to be expended as the Architect of the gress not otherwise provided for, including de- Capitol may approve; for purchase or exchange, For authorized printing and binding for the velopment and maintenance of the Union Cata- maintenance and operation of a passenger Congress and the distribution of Congressional logs; custody and custodial care of the Library motor vehicle; and not to exceed $20,000 for at- information in any format; printing and binding buildings; special clothing; cleaning, laundering tendance, when specifically authorized by the for the Architect of the Capitol; expenses nec- and repair of uniforms; preservation of motion Architect of the Capitol, at meetings or conven- essary for preparing the semimonthly and ses- pictures in the custody of the Library; operation tions in connection with subjects related to work sion index to the Congressional Record, as au- and maintenance of the American Folklife Cen- under the Architect of the Capitol, $43,683,000, thorized by law (44 U.S.C. 902); printing and ter in the Library; preparation and distribution of which $8,175,000 shall remain available until binding of Government publications authorized of catalog records and other publications of the expended. by law to be distributed to Members of Congress; Library; hire or purchase of one passenger and printing, binding, and distribution of Gov- CAPITOL GROUNDS motor vehicle; and expenses of the Library of ernment publications authorized by law to be Congress Trust Fund Board not properly For all necessary expenses for care and im- distributed without charge to the recipient, chargeable to the income of any trust fund held provement of grounds surrounding the Capitol, $74,465,000: Provided, That this appropriation by the Board, $238,373,000, of which not more the Senate and House office buildings, and the shall not be available for paper copies of the than $6,500,000 shall be derived from collections Capitol Power Plant, $6,046,000, of which permanent edition of the Congressional Record credited to this appropriation during fiscal year $525,000 shall remain available until expended. for individual Representatives, Resident Com- 1999, and shall remain available until expended, SENATE OFFICE BUILDINGS missioners or Delegates authorized under 44 under the Act of June 28, 1902 (chapter 1301; 32 For all necessary expenses for maintenance, U.S.C. 906: Provided further, That this appro- Stat. 480; 2 U.S.C. 150) and not more than care and operation of Senate office buildings; priation shall be available for the payment of $350,000 shall be derived from collections during and furniture and furnishings to be expended obligations incurred under the appropriations fiscal year 1999 and shall remain available until under the control and supervision of the Archi- for similar purposes for preceding fiscal years: expended for the development and maintenance tect of the Capitol, $54,144,000, of which Provided further, That notwithstanding the 2- of an international legal information database $14,615,000 shall remain available until ex- year limitation under section 718 of title 44, and activities related thereto: Provided, That pended. United States Code, none of the funds appro- the Library of Congress may not obligate or ex- HOUSE OFFICE BUILDINGS priated or made available under this Act or any pend any funds derived from collections under For all necessary expenses for the mainte- other Act for printing and binding and related the Act of June 28, 1902, in excess of the amount nance, care and operation of the House office services provided to Congress under chapter 7 of authorized for obligation or expenditure in ap- buildings, $42,139,000, of which $11,449,000 shall title 44, United States Code, may be expended to propriations Acts: Provided further, That the remain available until expended: Provided, That print a document, report, or publication after total amount available for obligation shall be re- of the total amount provided under this head- the 27-month period beginning on the date that duced by the amount by which collections are ing, not less than $100,000 shall be used exclu- such document, report, or publication is author- less than the $6,850,000: Provided further, That sively for waste recycling programs. ized by Congress to be printed, unless Congress of the total amount appropriated, $10,119,000 is reauthorizes such printing in accordance with to remain available until expended for acquisi- CAPITOL POWER PLANT section 718 of title 44, United States Code. tion of books, periodicals, newspapers, and all For all necessary expenses for the mainte- ADMINISTRATIVE PROVISION other materials including subscriptions for bib- nance, care and operation of the Capitol Power SEC. 112. (a) The Legislative Branch Appro- liographic services for the Library, including Plant; lighting, heating, power (including the priations Act, 1998 (Public Law 105–55; 111 Stat. $40,000 to be available solely for the purchase, purchase of electrical energy) and water and 1191) is amended in the item relating to ‘‘CON- when specifically approved by the Librarian, of sewer services for the Capitol, Senate and House GRESSIONAL PRINTING AND BINDING’’ under the special and unique materials for additions to the office buildings, Library of Congress buildings, heading ‘‘GOVERNMENT PRINTING OFFICE’’ collections: Provided further, That of the total and the grounds about the same, Botanic Gar- by striking ‘‘$81,669,000’’ and all that follows amount appropriated, $3,544,000 is to remain den, Senate garage, and air conditioning refrig- through ‘‘Provided,’’ and inserting the follow- available until expended for the acquisition and eration not supplied from plants in any of such ing: ‘‘$70,652,000: Provided, That an additional partial support for implementation of an inte- buildings; heating the Government Printing Of- amount of not more than $11,017,000 may be de- grated library system (ILS): Provided further, fice and Washington City Post Office, and heat- rived by transfer from the Government Printing That of the total amount appropriated, ing and chilled water for air conditioning for Office revolving fund under section 309 of title $2,000,000 is to remain available until expended the Supreme Court Building, the Union Station 44, United States Code: Provided further,’’. for a project to digitize collections for the Meet- complex, the Thurgood Marshall Federal Judici- (b) The amendment made by subsection (a) ing of the Frontiers United States-Russian digi- ary Building and the Folger Shakespeare Li- shall take effect as if included in the enactment tal library: Provided further, That of the total brary, expenses for which shall be advanced or of the Legislative Branch Appropriations Act, amount appropriated, $250,000 is to remain reimbursed upon request of the Architect of the 1998. available until expended for the Library’s ef- Capitol and amounts so received shall be depos- This title may be cited as the ‘‘Congressional forts in connection with the commemoration of ited into the Treasury to the credit of this ap- Operations Appropriations Act, 1999’’. the Bicentennial of the Lewis and Clark expedi- propriation, $38,174,000, of which $5,100,000 TITLE II—OTHER AGENCIES tion. shall remain available until expended: Provided, BOTANIC GARDEN OPYRIGHT OFFICE That not more than $4,000,000 of the funds cred- C ited or to be reimbursed to this appropriation as SALARIES AND EXPENSES SALARIES AND EXPENSES herein provided shall be available for obligation For all necessary expenses for the mainte- For necessary expenses of the Copyright Of- during fiscal year 1999. nance, care and operation of the Botanic Gar- fice, including publication of the decisions of den and the nurseries, buildings, grounds, and LIBRARY OF CONGRESS the United States courts involving copyrights, collections; and purchase and exchange, main- $34,891,000, of which not more than $16,000,000, CONGRESSIONAL RESEARCH SERVICE tenance, repair, and operation of a passenger to remain available until expended, shall be de- SALARIES AND EXPENSES motor vehicle; all under the direction of the rived from collections credited to this appropria- For necessary expenses to carry out the provi- Joint Committee on the Library, $3,052,000. tion during fiscal year 1999 under 17 U.S.C. sions of section 203 of the Legislative Reorga- ADMINISTRATIVE PROVISION 708(d): Provided, That the Copyright Office may nization Act of 1946 (2 U.S.C. 166) and to revise SEC. 201. Section 307E(b) of the Legislative not obligate or expend any funds derived from and extend the Annotated Constitution of the Branch Appropriations Act, 1989 (40 U.S.C. collections under 17 U.S.C. 708(d), in excess of United States of America, $67,124,000: Provided, 216c(b)) is amended by— the amount authorized for obligation or expend- That no part of such amount may be used to (1) redesignating paragraph (2) as paragraph iture in appropriations Acts: Provided further, pay any salary or expense in connection with (3); and That not more than $5,170,000 shall be derived H8090 CONGRESSIONAL RECORD — HOUSE September 22, 1998 from collections during fiscal year 1999 under 17 gress for the activities described in subsection SEC. 210. For fiscal year 1999, the amount U.S.C. 111(d)(2), 119(b)(2), 802(h), and 1005: Pro- (b) may not exceed $99,765,100. available for expenditure by the Architect of the vided further, That the total amount available (b) The activities referred to in subsection (a) Capitol from the fund established under section for obligation shall be reduced by the amount by are reimbursable and revolving fund activities 4 of the Act entitled ‘‘An Act to authorize acqui- which collections are less than $21,170,000: Pro- that are funded from sources other than appro- sition of certain real property for the Library of vided further, That not more than $100,000 of priations to the Library in appropriations Acts Congress, and for other purposes’’, approved the amount appropriated is available for the for the legislative branch. December 15, 1997 (Public Law 105–144; 111 Stat. maintenance of an ‘‘International Copyright In- SEC. 208. Effective October 1, 1998, the Library 2688), may not exceed $2,500,000. stitute’’ in the Copyright Office of the Library of Congress is authorized to receive funds from GOVERNMENT PRINTING OFFICE participants in and sponsors of an international of Congress for the purpose of training nation- OFFICE OF SUPERINTENDENT OF DOCUMENTS als of developing countries in intellectual prop- legal information database led by the Law Li- SALARIES AND EXPENSES erty laws and policies: Provided further, That brary of Congress, and to credit any such funds For expenses of the Office of Superintendent not more than $2,250 may be expended, on the to the Library of Congress appropriations, up to of Documents necessary to provide for the cata- certification of the Librarian of Congress, in the extent authorized in appropriations Acts, for loging and indexing of Government publications connection with official representation and re- the development and maintenance of the data- and their distribution to the public, Members of ception expenses for activities of the Inter- base. Congress, other Government agencies, and des- national Copyright Institute. ARCHITECT OF THE CAPITOL ignated depository and international exchange BOOKS FOR THE BLIND AND PHYSICALLY CONGRESSIONAL CEMETERY libraries as authorized by law, $29,264,000: Pro- HANDICAPPED For a grant for the perpetual care and main- vided, That travel expenses, including travel ex- SALARIES AND EXPENSES tenance of the historic Congressional Cemetery, penses of the Depository Library Council to the For salaries and expenses to carry out the Act $1,000,000, to remain available until expended. Public Printer, shall not exceed $150,000: Pro- of March 3, 1931 (chapter 400; 46 Stat. 1487; 2 LIBRARY BUILDINGS AND GROUNDS vided further, That amounts of not more than U.S.C. 135a), $46,824,000, of which $13,744,000 STRUCTURAL AND MECHANICAL CARE $2,000,000 from current year appropriations are shall remain available until expended. For all necessary expenses for the mechanical authorized for producing and disseminating FURNITURE AND FURNISHINGS and structural maintenance, care and operation Congressional serial sets and other related pub- For necessary expenses for the purchase, in- of the Library buildings and grounds, lications for 1997 and 1998 to depository and stallation, maintenance, and repair of furniture, $12,672,000, of which $910,000 shall remain avail- other designated libraries. furnishings, office and library equipment, able until expended. GOVERNMENT PRINTING OFFICE REVOLVING $4,448,000. ADMINISTRATIVE PROVISIONS FUND ADMINISTRATIVE PROVISIONS SEC. 209. (a) GRANT FOR CARE AND MAINTE- The Government Printing Office is hereby au- SEC. 202. Appropriations in this Act available NANCE OF CONGRESSIONAL CEMETERY.—In order thorized to make such expenditures, within the to the Library of Congress shall be available, in to assist in the perpetual care and maintenance limits of funds available and in accord with the an amount of not more than $194,290, of which of the historic Congressional Cemetery, the Ar- law, and to make such contracts and commit- $58,100 is for the Congressional Research Serv- chitect of the Capitol shall make a grant to the ments without regard to fiscal year limitations ice, when specifically authorized by the Librar- National Trust for Historic Preservation (here- as provided by section 9104 of title 31, United ian, for attendance at meetings concerned with after in this section referred to as the ‘‘National States Code, as may be necessary in carrying the function or activity for which the appro- Trust’’) in accordance with an agreement en- out the programs and purposes set forth in the priation is made. tered into by the Architect of the Capitol with budget for the current fiscal year for the Gov- SEC. 203. (a) No part of the funds appro- the National Trust and the Association for the ernment Printing Office revolving fund: Pro- priated in this Act shall be used by the Library Preservation of Historic Congressional Cemetery vided, That not more than $2,500 may be ex- of Congress to administer any flexible or com- (hereafter in this section referred to as the ‘‘As- pended on the certification of the Public Printer pressed work schedule which— sociation’’) which contains the terms and condi- in connection with official representation and (1) applies to any manager or supervisor in a tions described in subsection (b) and such other reception expenses: Provided further, That the position the grade or level of which is equal to provisions as the Architect may deem necessary revolving fund shall be available for the hire or or higher than GS–15; and or desirable for the implementation of this sec- purchase of not more than twelve passenger (2) grants such manager or supervisor the tion or for the protection of the interests of the motor vehicles: Provided further, That expendi- right to not be at work for all or a portion of a Federal Government. tures in connection with travel expenses of the workday because of time worked by the manager (b) TERMS AND CONDITIONS OF AGREEMENT.— advisory councils to the Public Printer shall be or supervisor on another workday. The terms and conditions described in this sub- deemed necessary to carry out the provisions of (b) For purposes of this section, the term section are as follows: title 44, United States Code: Provided further, ‘‘manager or supervisor’’ means any manage- (1) Upon receipt of the amounts provided That the revolving fund shall be available for ment official or supervisor, as such terms are de- under the grant made under subsection (a), the temporary or intermittent services under section fined in section 7103(a) (10) and (11) of title 5, National Trust shall deposit the amounts in a 3109(b) of title 5, United States Code, but at United States Code. permanently restricted account in its endow- rates for individuals not more than the daily SEC. 204. Appropriated funds received by the ment and shall administer, invest, and manage equivalent of the annual rate of basic pay for Library of Congress from other Federal agencies such grant funds in the same manner as other level V of the Executive Schedule under section to cover general and administrative overhead National Trust endowment funds. 5316 of such title: Provided further, That the re- costs generated by performing reimbursable (2) The National Trust shall make distribu- volving fund and the funds provided under the work for other agencies under the authority of tions to the Association from the amounts depos- heading ‘‘OFFICE OF SUPERINTENDENT OF DOCU- 31 U.S.C. 1535 and 1536 shall not be used to em- ited in the endowment pursuant to paragraph MENTS’’, ‘‘SALARIES AND EXPENSES’’ together ploy more than 65 employees and may be ex- (1), in accordance with its regularly established may not be available for the full-time equivalent pended or obligated— spending rate, for the care and maintenance of employment of more than 3,383 workyears: Pro- (1) in the case of a reimbursement, only to the Cemetery (other than the cost of personnel), vided further, That activities financed through such extent or in such amounts as are provided except that the National Trust may only make the revolving fund may provide information in in appropriations Acts; or such distributions incrementally and propor- any format: Provided further, That the revolv- (2) in the case of an advance payment, only— tionately upon receipt by the National Trust of ing fund shall not be used to administer any (A) to pay for such general or administrative contributions from the Association which incre- flexible or compressed work schedule which ap- overhead costs as are attributable to the work mentally match the amounts provided under the plies to any manager or supervisor in a position performed for such agency; or grant made under subsection (a) and which are the grade or level of which is equal to or higher (B) to such extent or in such amounts as are to be added to the permanently restricted ac- than GS–15: Provided further, That expenses for provided in appropriations Acts, with respect to count described in paragraph (1). attendance at meetings shall not exceed $75,000. any purpose not allowable under subparagraph (3) The Association shall use such distribu- GENERAL ACCOUNTING OFFICE (A). tions from the endowment and the match for the SEC. 205. Of the amounts appropriated to the care and maintenance of Congressional Ceme- SALARIES AND EXPENSES Library of Congress in this Act, not more than tery, except that the Association may not use For necessary expenses of the General Ac- $5,000 may be expended, on the certification of such distributions for nonroutine restoration or counting Office, including not more than $7,000 the Librarian of Congress, in connection with capital projects. to be expended on the certification of the Comp- official representation and reception expenses (4) The Association, or any successor thereto, troller General of the United States in connec- for the incentive awards program. shall maintain adequate records and accounts tion with official representation and reception SEC. 206. Of the amount appropriated to the of all financial transactions and operations car- expenses; temporary or intermittent services Library of Congress in this Act, not more than ried out with such distributions, and such under section 3109(b) of title 5, United States $12,000 may be expended, on the certification of records shall be available at all times for audit Code, but at rates for individuals not more than the Librarian of Congress, in connection with and investigation by the Architect of the Capitol the daily equivalent of the annual rate of basic official representation and reception expenses and the Comptroller General. pay for level IV of the Executive Schedule under for the Overseas Field Offices. (c) NO TITLE IN UNITED STATES.—Nothing in section 5315 of such title; hire of one passenger SEC. 207. (a) For fiscal year 1999, the this section shall be construed to vest title to the motor vehicle; advance payments in foreign obligational authority of the Library of Con- Congressional Cemetery in the United States. countries in accordance with 31 U.S.C. 3324; September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8091 benefits comparable to those payable under sec- record and available for public inspection, ex- untary separation incentive payments may be tions 901(5), 901(6) and 901(8) of the Foreign cept where otherwise provided under existing offered under the program established under the Service Act of 1980 (22 U.S.C. 4081(5), 4081(6) law, or under existing Executive order issued previous sentence may not exceed 50.’’; and 4081(8)); and under regulations prescribed pursuant to existing law. (3) by redesignating paragraphs (4) and (5) as by the Comptroller General of the United States, SEC. 305. (a) It is the sense of the Congress paragraphs (6) and (7), respectively; and rental of living quarters in foreign countries, that, to the greatest extent practicable, all (4) by inserting after paragraph (3) the follow- $354,268,000: Provided, That notwithstanding 31 equipment and products purchased with funds ing: U.S.C. 9105 hereafter amounts reimbursed to the made available in this Act should be American- ‘‘(4)(A) No voluntary separation incentive Comptroller General pursuant to that section made. payment may be paid under this section on or shall be deposited to the appropriation of the (b) In providing financial assistance to, or en- after the date of enactment of the Legislative General Accounting Office then available and tering into any contract with, any entity using Branch Appropriations Act, 1999, unless the Ar- remain available until expended, and not more funds made available in this Act, the head of chitect of the Capitol submits a plan described than $2,000,000 of such funds shall be available each Federal agency, to the greatest extent under subparagraph (B) to the Committee on for use in fiscal year 1999: Provided further, practicable, shall provide to such entity a notice Rules and Administration of the Senate and the That this appropriation and appropriations for describing the statement made in subsection (a) Committee on House Oversight of the House of administrative expenses of any other department by the Congress. Representatives and such committees approve or agency which is a member of the Joint Finan- (c) If it has been finally determined by a court the plan. ‘‘(B) The plan referred to under subparagraph cial Management Improvement Program or Federal agency that any person intentionally affixed a label bearing a ‘‘Made in America’’ in- (A) shall include— (JFMIP) shall be available to finance an appro- ‘‘(i) the positions and functions to be reduced scription, or any inscription with the same priate share of JFMIP costs as determined by or eliminated, identified by organizational unit, meaning, to any product sold in or shipped to the JFMIP, including the salary of the Execu- occupational category, and pay or grade level; tive Director and secretarial support: Provided the United States that is not made in the United ‘‘(ii) the number and amounts of voluntary further, That this appropriation and appropria- States, such person shall be ineligible to receive separation incentive payments to be offered; and tions for administrative expenses of any other any contract or subcontract made with funds ‘‘(iii) a description of how the Architect of the department or agency which is a member of the provided pursuant to this Act, pursuant to the Capitol will operate without the eliminated posi- National Intergovernmental Audit Forum or a debarment, suspension, and ineligibility proce- tions and functions. Regional Intergovernmental Audit Forum shall dures described in section 9.400 through 9.409 of ‘‘(5)(A) In addition to any other payments be available to finance an appropriate share of title 48, Code of Federal Regulations. which the Architect of the Capitol is required to either Forum’s costs as determined by the re- SEC. 306. Such sums as may be necessary are make under subchapter III of chapter 83 of title spective Forum, including necessary travel ex- appropriated to the account described in sub- 5, United States Code, the Architect of the Cap- penses of non-Federal participants. Payments section (a) of section 415 of Public Law 104–1 to itol shall remit to the Office of Personnel Man- hereunder to either Forum or the JFMIP may be pay awards and settlements as authorized under agement for deposit in the Treasury of the credited as reimbursements to any appropriation such subsection. United States to the credit of the Civil Service from which costs involved are initially financed: SEC. 307. Amounts available for administrative Retirement and Disability Fund an amount Provided further, That this appropriation and expenses of any legislative branch entity which equal to 15 percent of the final basic pay of each appropriations for administrative expenses of participates in the Legislative Branch Financial employee who is covered under subchapter III of any other department or agency which is a Managers Council (LBFMC) established by chapter 83 or chapter 84 of title 5, United States member of the American Consortium on Inter- charter on March 26, 1996, shall be available to Code, to whom a voluntary separation incentive national Public Administration (ACIPA) shall finance an appropriate share of LBFMC costs has been paid under this section. This subpara- be available to finance an appropriate share of as determined by the LBFMC, except that the graph shall not apply to any employee of the ACIPA costs as determined by the ACIPA, in- total LBFMC costs to be shared among all par- United States Senate Restaurants. cluding any expenses attributable to membership ticipating legislative branch entities (in such al- ‘‘(B) For the purpose of this paragraph, the of ACIPA in the International Institute of Ad- locations among the entities as the entities may term ‘final basic pay’, with respect to an em- ministrative Sciences. determine) may not exceed $1,500. ployee— SEC. 308. (a) SEVERANCE PAY FOR EMPLOYEES ‘‘(i) means the total amount of basic pay ADMINISTRATIVE PROVISION OF THE ARCHITECT OF THE CAPITOL.—Section which would be payable for a year of service by SEC. 211. The unexpended balance appro- 5595(a) of title 5, United States Code, as amend- such employee, computed using the employee’s priated in Public Law 104–208 to the Secretary ed by section 310 of the Legislative Branch Ap- final rate of basic pay; and of Health and Human Services for carrying out propriations Act, 1998, is amended— ‘‘(ii) includes an appropriate adjustment to section 301(l) of Public Law 104–191 is trans- (1) in paragraph (1)(F), by striking ‘‘, but the amount computed under clause (i) if the em- ferred to the ‘‘Salaries and Expensees’’ appro- only with respect to the United States Senate ployee is last serving on other than a full-time priation of Public Law 105–55 for necessary ex- Restaurants’’; and basis.’’. penses of the General Accounting Office, to re- (2) in paragraph (2), in clause (viii) in the (d) RETRAINING, JOB PLACEMENT, AND COUN- main available until September 30, 1998. matter following subparagraph (B), by striking SELING SERVICES FOR EMPLOYEES OF THE ARCHI- TITLE III—GENERAL PROVISIONS ‘‘of the United States Senate Restaurants’’. TECT OF THE CAPITOL.—Section 310(e) of the SEC. 301. No part of the funds appropriated in (b) EARLY RETIREMENT FOR EMPLOYEES OF Legislative Branch Appropriations Act, 1998 (40 this Act shall be used for the maintenance or THE ARCHITECT OF THE CAPITOL.—Section U.S.C. 174j–1(e)) is amended— care of private vehicles, except for emergency 310(b)(1) of the Legislative Branch Appropria- (1) in paragraph (1)(A), by striking ‘‘of the assistance and cleaning as may be provided tions Act, 1998 (40 U.S.C. 174j–1(b)(1)) is amend- United States Senate Restaurants’’; and under regulations relating to parking facilities ed— (2) in paragraph (3)(A), by striking ‘‘the for the House of Representatives issued by the (1) in the matter preceding subparagraph (A), United States Senate Restaurants of ’’. Committee on House Oversight and for the Sen- by striking ‘‘of the United States Senate Res- SEC. 309. (a) SEVERANCE PAY.—Section 5595 of ate issued by the Committee on Rules and Ad- taurants’’; and title 5, United States Code, as amended by sec- ministration. (2) in subparagraph (A), by striking ‘‘1999;’’ tion 310 of the Legislative Branch Appropria- SEC. 302. No part of the funds appropriated in and inserting ‘‘1999 (or, in the case of an indi- tions Act, 1998, is amended— this Act shall remain available for obligation be- vidual who is not an employee of the United (1) in subsection (a)(2)— (A) in clause (viii), by striking ‘‘or’’ after the yond fiscal year 1999 unless expressly so pro- States Senate Restaurants, on or after the date semicolon; and vided in this Act. of the enactment of the Legislative Branch Ap- (B) by redesignating clause (ix) as clause (x) SEC. 303. Whenever in this Act any office or propriations Act, 1999 and before October 1, and inserting after clause (viii) the following position not specifically established by the Leg- 2001);’’. new clause: islative Pay Act of 1929 is appropriated for or (c) VOLUNTARY SEPARATION INCENTIVE PAY- ‘‘(ix) an employee of the Government Printing the rate of compensation or designation of any MENTS FOR EMPLOYEES OF THE ARCHITECT OF Office, who is employed on a temporary when office or position appropriated for is different THE CAPITOL.—Section 310(c) of the Legislative actually employed basis; or’’; and from that specifically established by such Act, Branch Appropriations Act, 1998 (40 U.S.C. 174j– (2) in subsection (b) by adding at the end the the rate of compensation and the designation in 1(c)) is amended— following: ‘‘The Public Printer may prescribe this Act shall be the permanent law with respect (1) in paragraph (1), by striking ‘‘of the regulations to effect the application and oper- thereto: Provided, That the provisions in this United States Senate Restaurants’’; and ation of this section to the agency specified in Act for the various items of official expenses of (2) in paragraph (2)— subsection (a)(1)(G) of this section.’’. Members, officers, and committees of the Senate (A) by striking ‘‘not more than 50’’; (b) EARLY RETIREMENT.—(1) This subsection and House of Representatives, and clerk hire for (B) by striking ‘‘1999’’ and inserting ‘‘1999 (or, applies to an employee of the Government Print- Senators and Members of the House of Rep- in the case of an individual who is not an em- ing Office who— resentatives shall be the permanent law with re- ployee of the United States Senate Restaurants, (A) voluntarily separates from service on or spect thereto. on or after the date of the enactment of the Leg- after the date of enactment of this Act and be- SEC. 304. The expenditure of any appropria- islative Branch Appropriations Act, 1999 and be- fore October 1, 2001; and tion under this Act for any consulting service fore October 1, 2001)’’; and (B) on such date of separation— through procurement contract, pursuant to 5 (C) by adding at the end the following new (i) has completed 25 years of service as defined U.S.C. 3109, shall be limited to those contracts sentence: ‘‘The number of employees of the under section 8331(12) or 8401(26) of title 5, where such expenditures are a matter of public United States Senate Restaurants to whom vol- United States Code; or H8092 CONGRESSIONAL RECORD — HOUSE September 22, 1998

(ii) has completed 20 years of such service and (ii) includes an appropriate adjustment to the SEC. 310. The Architect of the Capitol— is at least 50 years of age. amount computed under clause (i) if the em- (1) shall develop and implement a cost-effec- (2) Notwithstanding any provision of chapter ployee is last serving on other than a full-time tive energy conservation strategy for all facili- 83 or 84 of title 5, United States Code, an em- basis. ties currently administered by Congress to ployee described under paragraph (1) is entitled (6)(A) Subject to subparagraph (B), an em- achieve a net reduction of 20 percent in energy to an annuity which shall be computed consist- ployee who has received a voluntary separation consumption on the congressional campus com- ent with the provisions of law applicable to an- incentive payment under this section and ac- pared to fiscal year 1991 consumption levels on nuities under section 8336(d) or 8414(b) of title 5, cepts employment with the Government of the a Btu-per-gross-square-foot basis not later than United States Code. United States within 5 years after the date of 7 years after the adoption of this resolution; (c) VOLUNTARY SEPARATION INCENTIVE PAY- the separation on which the payment is based (2) shall submit to Congress no later than 10 MENTS.—(1) In this subsection, the term ‘‘em- shall be required to repay the entire amount of months after the adoption of this resolution a ployee’’ means an employee of the Government the incentive payment to the agency that paid comprehensive energy conservation and man- Printing Office, serving without limitation, who the incentive payment. agement plan which includes life cycle costs has been currently employed for a continuous (B)(i) If the employment is with an Executive methods to determine the cost-effectiveness of period of at least 12 months, except that such agency (as defined by section 105 of title 5, proposed energy efficiency projects; term shall not include— United States Code), the Director of the Office (3) shall submit to the Committee on Appro- (A) a reemployed annuitant under subchapter of Personnel Management may, at the request of priations in the Senate and the House of Rep- III of chapter 83 or chapter 84 of title 5, United the head of the agency, waive the repayment if resentatives a request for the amount of appro- States Code, or another retirement system for the individual involved possesses unique abili- priations necessary to carry out this resolution; employees of the Government; ties and is the only qualified applicant available (4) shall present to Congress annually a report (B) an employee having a disability on the for the position. on congressional energy management and con- basis of which such employee is or would be eli- (ii) If the employment is with an entity in the servation programs which details energy ex- gible for disability retirement under any of the legislative branch, the head of the entity or the penditures for each facility, energy management retirement systems referred to in subparagraph appointing official may waive the repayment if and conservation projects, and future priorities (A); or the individual involved possesses unique abili- to ensure compliance with the requirements of (C) an employee who is employed on a tem- ties and is the only qualified applicant available this resolution; porary when actually employed basis. (2) Notwithstanding any other provision of for the position. (5) shall perform energy surveys of all con- law, in order to avoid or minimize the need for (iii) If the employment is with the judicial gressional buildings and update such surveys as involuntary separations due to a reduction in branch, the Director of the Administrative Of- needed; (6) shall use such surveys to determine the force, reorganization, transfer of function, or fice of the United States Courts may waive the cost and payback period of energy and water other similar action affecting the agency, the repayment if the individual involved possesses conservation measures likely to achieve the re- Public Printer shall establish a program under unique abilities and is the only qualified appli- quired energy consumption levels; which voluntary separation incentive payments cant available for the position. (7) shall install energy and water conserva- may be offered to encourage eligible employees (C) For purposes of subparagraph (A) (but not tion measures that will achieve the requirements to separate from service voluntarily (whether by subparagraph (B)), the term ‘‘employment’’ in- through previously determined life cycle cost retirement or resignation) during the period be- cludes employment under a personal services methods and procedures; ginning on the date of the enactment of this Act contract with the United States. (7) Not later than January 15, 1999, the Public (8) may contract with nongovernmental enti- through September 30, 2001. ties and employ private sector capital to finance (3) Such voluntary separation incentive pay- Printer shall prescribe regulations to carry out energy conservation projects and achieve energy ments shall be paid in accordance with the pro- this subsection. consumption targets; visions of section 5597(d) of title 5, United States (d) RETRAINING, JOB PLACEMENT, AND COUN- (9) may develop innovative contracting meth- Code. Any such payment shall not be a basis of SELING SERVICES.—(1) In this subsection, the ods that will attract private sector funding for payment, and shall not be included in the com- term ‘‘employee’’— (A) means an employee of the Government the installation of energy-efficient and renew- putation, of any other type of Government bene- Printing Office; and able energy technology to meet the requirements fit. (4)(A) Not later than January 15, 1999, the (B) shall not include— of this resolution; Public Printer shall submit a plan described (i) a reemployed annuitant under subchapter (10) may participate in the Department of En- under subparagraph (C) to the Joint Committee III of chapter 83 or chapter 84 of title 5, United ergy’s Financing Renewable Energy and Effi- on Printing (or any applicable successor com- States Code, or another retirement system for ciency (FREE Savings) contracts program for mittees). employees of the Government; or Federal Government facilities; and (B) No voluntary separation incentive pay- (ii) an employee who is employed on a tem- (11) shall produce information packages and ment may be paid under this section unless the porary when actually employed basis. ‘‘how-to’’ guides for each Member and employ- Public Printer submits a plan described under (2) The Public Printer may establish a pro- ing authority of the Congress that detail simple, subparagraph (C) to the Joint Committee on gram to provide retraining, job placement, and cost-effective methods to save energy and tax- Printing (or any applicable successor commit- counseling services to employees and former em- payer dollars. tees) and the Joint Committee on Printing ap- ployees. SEC. 311. Section 316 of Public Law 101–302 is (3) A former employee may not participate in proves the plan (or such successor committees amended in the first sentence of subsection (a) a program established under this subsection, if— approve the plan). by striking ‘‘1998’’ and inserting ‘‘1999’’. (C) The plan referred to under subparagraph (A) the former employee was separated from SEC. 312. AMERICAN FOLKLIFE CENTER. (a) (B) shall include— service with the Government Printing Office for FINDINGS AND PURPOSE.— (i) the positions and functions to be reduced more than 1 year; or (1) FINDINGS.—Congress makes the following or eliminated, identified by organizational unit, (B) the separation was by removal for cause findings: occupational category, and pay or grade level; on charges of misconduct or delinquency. (A) The American Folklife Center in the Li- (ii) the number and amounts of voluntary sep- (4) Retraining costs for the program estab- brary of Congress was created by Congress in aration incentive payments to be offered; and lished under this subsection may not exceed 1976, building on the vast expertise and archival (iii) a description of how the Government $5,000 for each employee or former employee. material existing at the Library since 1928. Printing Office will operate without the elimi- (e) ADMINISTRATIVE PROVISIONS.—(1) The (B) As an instrumentality of the Congress, it nated positions and functions. Public Printer— is fitting that the American Folklife Center (5)(A) In addition to any other payments (A) may use employees of the Government should have a direct and close relationship with which the Public Printer is required to make Printing Office to establish and administer pro- the representatives of the people, who are best under subchapter III of chapter 83 of title 5, grams and carry out the provisions of this sec- able to oversee the ongoing activities of the Cen- United States Code, the Public Printer shall tion; and ter to preserve and promote the cultural tradi- remit to the Office of Personnel Management for (B) may procure temporary and intermittent tions of the people, and to ensure that the re- deposit in the Treasury of the United States to services under section 3109(b) of title 5, United sources of the Center be readily available to all the credit of the Civil Service Retirement and States Code, to carry out such provisions— Americans. Disability Fund an amount equal to 15 percent (i) not subject to the 1 year of service limita- (C) In over 20 years since its creation, the of the final basic pay of each employee who is tion under such section 3109(b); and American Folklife Center in the Library of Con- covered under subchapter III of chapter 83 or (ii) at rates for individuals which do not ex- gress has— chapter 84 of title 5, United States Code, to ceed the daily equivalent of the annual rate of (i) increased the size of the Archive of Folk whom a voluntary separation incentive has been basic pay prescribed for level V of the Executive Culture from 500,000 to 1,500,000 multi-format paid under this section. Schedule under section 5316 of such title. ethnographic items; (B) For the purpose of this paragraph, the (2) Funds to carry out subsections (a) and (c) (ii) engaged in 15 cultural surveys and field term ‘‘final basic pay’’, with respect to an em- may be expended only from funds available for documentation projects in all regions of the ployee— the basic pay of the employee who is receiving country; (i) means the total amount of basic pay which the applicable payment. (iii) provided publications, documentary would be payable for a year of service by such (3) Funds to carry out subsection (d) may be equipment on loan, and advisory and reference employee, computed using the employee’s final expended from any funds made available to the service to persons and institutions in all 50 rate of basic pay; and Public Printer. States; September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8093 (iv) produced exhibitions and other edu- ‘‘(d) Members of the Board shall serve without Branch for the fiscal year ending September cational programs on American Folklife at the pay, but members who are not regular full-time 30, 1999, and for other purposes, submit the Library and around the country; employees of the United States may, at the dis- following joint statement to the House and (v) begun sharing its unique collections in dig- cretion of the Librarian, be reimbursed for the Senate in explanation of the effect of the ac- ital form via the Internet; and actual and necessary traveling and subsistence tion agreed upon by the managers and rec- (vi) served as a national center for the profes- expenses incurred by them in the performance of ommended in the accompanying conference sions of folklore, ethnomusicology, and cultural the duties of the Board.’’; report. studies. (C) in subsection (e)— Amendment No. 1: The Senate deleted sev- (D) Congress has consistently provided en- (i) in paragraph (2), by inserting ‘‘currently eral provisions of the House bill and inserted couragement and support of American Folklife serving’’ after ‘‘Board’’; and substitute provisions. Many items in both as an appropriate matter of concern to the Fed- (ii) by adding at the end the following: House and Senate bills are identical and are eral Government, passing legislation to reau- ‘‘(3) The Board shall meet at least once each included in the conference agreement with- thorize the Center 8 times since its creation in fiscal year.’’; out change. With respect to those items in 1976. (D) by striking subsection (f) and inserting the the conference agreement that differ be- (E) The American Folklife Center is the only following: tween House and Senate bills, the conferees unit in the Library of Congress which is not ‘‘(f) After consultation with the Board, the Li- have agreed to the following: brarian shall appoint the Director of the Center. permanently authorized. Since its establishment TITLE I—CONGRESSIONAL OPERATIONS in 1976, the Center’s collections and activities The basic pay of the Director shall be at an an- have been fully and successfully integrated into nual rate that is not less than an amount equal SENATE the Library of Congress. It is useful to statu- to 120 percent of the minimum rate of basic pay Appropriates $469,391,000 for Senate oper- torily conform the American Folklife Center payable for GS–15 of the General Schedule nor ations and contains several administrative with the rest of the Library of Congress. more than an amount equal to the pay payable provisions, including two additional provi- (2) PURPOSE.—It is the purpose of this section under level IV of the Executive Schedule under sions, regarding frequent flyer miles and re- to authorize permanently the American Folklife section 5315 of title 5, United States Code.’’; and imbursements to the Attending Physician’s Center in the Library of Congress to preserve (E) in subsection (g)— office, and an adjustment to an allowance and present American Folklife. (i) in paragraph (1), by striking the paragraph amount not included in the Senate amend- (b) REAUTHORIZATION AND AMENDMENT.— designation; and ment. A technical amendment to Adminis- (1) BOARD OF TRUSTEES; APPOINTMENT AND (ii) by striking paragraph (2). trative Provision Service 1 has been made to COMPENSATION OF DIRECTOR; ELIMINATION OF (2) ADMINISTRATIVE PROVISIONS.—Section the Official Office Expense allowance of the DEPUTY DIRECTOR POSITION.—Section 4 of the 7(a)(4) of the American Folklife Preservation State of Florida to correct a printing error American Folklife Preservation Act (20 U.S.C. Act (20 U.S.C. 2106(a)(4)) is amended by striking reflected in the Senate tables. The State of 2103) is amended— ‘‘, but no individual so appointed shall receive Florida’s Official Office Expense Allowance (A) by striking subsection (b) and inserting compensation in excess of the rate received by effective October 1, 1998 is $302,307. The State the following: the Deputy Director of the Center’’. of Florida’s total annual allowance effective ‘‘(b)(1) The Center shall be under the direc- (c) PERMANENT AUTHORIZATION OF APPRO- October 1, 1998 is $2,381,991. The total Senate tion of a Board of Trustees. The Board shall be PRIATIONS.—Section 8 of the American Folklife Official Office Expense Allowance effective composed as follows— Preservation Act (20 U.S.C. 2107) is amended to October 1, 1998 is $19,997,232. The total Sen- ‘‘(A) four members appointed by the President read as follows: ators’ Official Personnel and Office Expense from among individuals who are officials of ‘‘SEC. 8. AUTHORIZATION OF APPROPRIATIONS. Allowance effective October 1, 1998 is Federal departments and agencies concerned ‘‘There are authorized to be appropriated to $190,654,592. Inasmuch as this item relates with some aspect of American Folklife traditions the Center to carry out this Act such sums as solely to the Senate, and in accord with long and arts; may be necessary for each fiscal year.’’. practice under which each body determines ‘‘(B) four members appointed by the President (d) BOARD OF TRUSTEES, TRANSITION PE- its own housekeeping requirements and the pro tempore of the Senate from among individ- RIOD.—The term of office of members of the other concurs without intervention, the uals from private life who are widely recognized Board of Trustees appointed by the Librarian of managers on the part of the House, at the re- by virtue of their scholarship, experience, cre- Congress under the amendments made by sub- quest of the managers on the part of the Sen- ativity, or interest in American Folklife tradi- section (b)(1) shall be 6 years, except that of the ate, have receded to the Senate. tions and arts, and four members appointed by 4 members first appointed by the Librarian, 1 The managers on the part of the Senate the Speaker of the House of Representatives shall serve for a term of 2 years, 2 for a term of note that concern has been expressed that from among such individuals; 4 years, and 1 for a term of 6 years. the Senate Sergeant at Arms’ proposed new ‘‘(C) four members appointed by the Librarian SEC. 313. For purposes of section 8147 of title computer information system could reduce of Congress from among individuals who are 5, United States Code, the Government Printing the services available to individual offices widely recognized by virtue of their scholarship, Office is not considered an agency which is re- currently provided through the office of the experience, creativity, or interest in American quired by statute to submit an annual budget Sergeant at Arms. It is the understanding of folklife traditions and arts; and pursuant to or as provided by chapter 91 of title the Committee on Appropriations of the Sen- ‘‘(D) seven ex officio members including— 31, United States Code, and is not required to ate that this system will improve the re- ‘‘(i) the Librarian of Congress; pay an additional amount for the cost of admin- search services available to the Senate. The ‘‘(ii) the Secretary of the Smithsonian Institu- istration. Sergeant at Arms is directed to prepare a re- tion; And the Senate agree to the same. port on the proposed changes to the com- ‘‘(iii) the Chairman of the National Endow- puter information services program for the JAMES T. WALSH, ment for the Arts; Senate Committee on Rules and Administra- C.W. BILL YOUNG, ‘‘(iv) the Chairman of the National Endow- tion and the Senate Committee on Appro- RANDY ‘‘DUKE’’ ment for the Humanities; priations thirty days in advance of imple- CUNNINGHAM, ‘‘(v) the President of the American Folklore menting any new system. The report should ZACH WAMP, Society; detail the cost to the Senate of both the old TOM LATHAM, ‘‘(vi) the President of the Society for and new systems, a comparison of the serv- BOB LIVINGSTON, Ethnomusicology; and ices available on the old and new systems, JOSE SERRANO, ‘‘(vii) the Director of the Center. and the advantages and disadvantages be- ‘‘(2) In making appointments from private life VIC FAZIO, tween the old and new systems for users. under paragraph (1) (B) and (C), the President STENY HOYER, pro tempore of the Senate, the Speaker of the DAVID OBEY, HOUSE OF REPRESENTATIVES House of Representatives, and the Librarian of Managers on the Part of the House. Provides a death gratuity and appropriates Congress shall give due consideration to the ap- $733,971,000 for salaries and expenses, House ROBERT F. BENNETT, pointment of individuals who collectively will of Representatives and includes several ad- TED STEVENS, provide appropriate diversity and regional bal- ministrative provisions as proposed by the LARRY E. CRAIG, ance on the Board. Not more than 3 of the mem- House. Two additional provisions have been THAD COCHRAN, bers appointed by the President pro tempore of included dealing with telecommunication BYRON DORGAN, the Senate or by the Speaker of the House of regulations and authorizing reimbursement BARBARA BOXER, Representatives may be affiliated with the same to the Chief Administrative Officer’s budget ROBERT C. BYRD, political party. for certain furniture and equipment ex- Managers on the Part of the Senate. ‘‘(3) In making appointments under para- penses. Inasmuch as this item relates solely graph (1)(C), the Librarian of Congress shall in- JOINT EXPLANATORY STATEMENT OF to the House, and in accord with long prac- clude at least 2 members who direct or are mem- THE COMMITTEE OF CONFERENCE tice under which each body determines its bers of the boards of major American folklife or- The managers on the part of the House and own housekeeping requirements and the ganizations other than the American Folklore the Senate at the conference on the disagree- other concurs without intervention, the Society and the Society for Ethnomusicology.’’; ing votes of the two Houses on the amend- managers on the part of the Senate, at the (B) by striking subsection (d) and inserting ment of the Senate to the bill (H.R. 4112) request of the managers on the part of the the following: making appropriations for the Legislative House, have receded to the House. H8094 CONGRESSIONAL RECORD — HOUSE September 22, 1998 JOINT ITEMS The conferees commend the U.S. Capitol Operating Budget: JOINT ECONOMIC COMMITTEE Police (USCP) for its desire to improve the 1. Personnel compensa- Appropriates $3,096,000 for the Joint Eco- management of its administrative oper- tion and benefits ...... +$1,947,000 nomic Committee instead of $2,796,000 as pro- ations. The Appropriations Committees will 2. Attrition savings ...... ¥146,000 posed by the House and Senate. expect to hear from the Chief of the Capitol 3. Rental of warehouse Police the details of steps taken to imple- space ...... JOINT COMMITTEE ON PRINTING ment improvements during the presentation 4. Hazardous materials Appropriates $202,000 for the Joint Com- of the Police fiscal year 2000 budget, specifi- abatement ...... mittee on Printing and an additional $150,000 cally the USCP’s priorities and the schedule 5. Postage and metered for the Committee on House Oversight as to accomplish those improvements. mail ...... +4,000 proposed by the House instead of $202,000 for GENERAL EXPENSES 6. Contractual services the Joint Committee on Printing as proposed for safety personnel ..... +30,000 Appropriates $6,237,000 for general expenses by the Senate. The Senate has provided 7. Price level increases ... +15,000 of the Capitol Police instead of $3,766,000 as $150,000 for the Senate Committee on Rules 8. Uniforms ...... +80,000 proposed by House and $6,297,000 as proposed and Administration elsewhere in the bill. 9. Replace Senate res- by the Senate. The conferees have added JOINT COMMITTEE ON TAXATION taurant equipment ...... +28,000 $500,000 to replenish funds used to defray un- Appropriates $5,965,400 for the Joint Com- Capital Budget: foreseen overtime expenditures. With respect mittee on Taxation as proposed by the Sen- 10. Conservation of wall to object class and program differences be- ate instead of $6,018,000 as proposed by the paintings ...... +100,000 tween the House and Senate bills, the con- House. The conferees agree that the Joint 11. Analysis & renovation ferees have agreed to the following changes Committee on Taxation, a joint item that of outside air intake from FY 1998: supports both the House and Senate equally, tunnels ...... +50,000 serves a critical role in preparing tax and 1. Travel ...... ¥$23,000 12. Replace electrical revenue estimates for Members of Congress. 2. Chemical/biological pro- wiring S–215 & stair by The conferees expect the Joint Committee gram ...... +160,000 S–344 ...... +25,000 staff to be fully responsive in assisting with 3. Price level increases ...... 13. Computer-aided facil- revenue estimates for Members of Congress 4. Start up costs, new com- ity management who are not members of the tax committees. puter system ...... +200,000 (CAFM) ...... +400,000 Upon the request of any Member of Congress, 5. Information security 14. Capitol complex inte- the Joint Committee shall expeditiously pro- systems ...... +720,000 grated security pro- vide a revenue estimate, describe all assump- 6. Computer & tele- gram ...... +475,000 tions it makes in performing its calculations communications service 15. Senate chamber im- and provide all primary and secondary costs ...... provements ...... +200,000 7. Tuition ...... source materials to Members or their des- 16. Upgrade cable tele- 8. Supplies ...... +4,000 vision system ...... +1,000,000 ignees. The Joint Committee shall also state 9. Life-cycle replacement 17. Other police security the assumptions and source material in a for physical security sys- designs ...... +1,000,000 manner that will allow the calculations for tems ...... +1,200,000 the revenue estimate to be replicated by 10. Replenish overtime ex- The conferees agree with language in the Members or their designees. The conferees penses ...... +500,000 House report directing the Architect to de- note that such revenue estimates are needed velop an energy savings plan that will use in a timely manner and are critical to the CAPITOL GUIDE SERVICE AND SPECIAL proceeds to fund needed maintenance. consideration of legislation and amend- SERVICES OFFICE CAPITOL GROUNDS ments. The conferees expect the Joint Com- Appropriates $2,195,000 for the Capitol mittee to be both responsive and timely in Guide Service and Special Services Office as Appropriates $6,046,000 for care and im- its responses to Members of Congress who do proposed by the Senate instead of $2,110,000 provement of grounds surrounding the Cap- not serve on the revenue committees. as proposed by the House and increases to 43 itol, House and Senate office buildings, and OFFICE OF THE ATTENDING PHYSICIAN the limitation on the number of individuals the Capitol Power Plant instead of $5,803,000 as proposed by the House and $6,055,000 as Appropriates $1,415,000 for the Office of the that can be employed as proposed by the proposed by the Senate. Of this amount, Attending Physician as proposed by the Sen- Senate. $525,000 shall remain available until ex- ate instead of $1,383,000 as proposed by the OFFICE OF COMPLIANCE pended as proposed by the Senate. With re- House. SALARIES AND EXPENSES spect to object class and project differences CAPITOL POLICE BOARD Appropriates $2,086,000 for salaries and ex- between the House and Senate bills, the con- CAPITOL POLICE penses, Office of Compliance as proposed by ferees have agreed to the following operating SALARIES the House instead of $2,286,000 as proposed by and capital budget changes from FY 1998: Appropriates $76,844,000 for salaries of offi- the Senate. The conferees agree that the Of- Operating Budget: cers, members, and employees of the Capitol fice of Compliance should submit a request 1. Personnel compensa- Police instead of $72,615,000 as proposed by for its FY2000 budget that takes into account tion and benefits ...... +$305,000 the House and $74,281,000 as proposed by the reduced workload of the Office. 2. Attrition savings ...... ¥63,000 Senate, of which $37,037,000 is provided to the CONGRESSIONAL BUDGET OFFICE 3. Fee, disposal of solid Sergeant at Arms of the House of Represent- SALARIES AND EXPENSES waste (contractual) ..... ¥100,000 4. Replace bituminous atives and $39,807,000 is provided to the Ser- The conferees agree with language in the paving at various loca- geant at Arms and Doorkeeper of the Senate. House report directing House Information tions ...... ¥20,000 With respect to differences between the Resources and the Library of Congress to 5. Supplies, price level House and Senate bills, the conferees have work out an acceptable solution to the Con- increases ...... +1,000 agreed to the following changes from FY1998: gressional Budget Office’s computing needs 6. Uniforms ...... +32,000 1. FTE’s ...... $100,000 and directing CBO to post on the Internet, ¥ Capital Budget: 2. Increase in benefits ...... +457,000 effective October 1, 1998, all CBO papers and 7. Refurbishment of Taft 3. Attrition savings ...... ¥422,000 publications available to the public and in Memorial Carillon ...... +130,000 4. Sunday and holiday day index to such papers and publications. 8. ADA handicapped differential ...... +1,119,031 ARCHITECT OF THE CAPITOL 5. Night differential ...... 1,323,033 ramps, terraces ...... +500,000 6. Longevity ...... 1,687,284 CAPITOL BUILDINGS AND GROUNDS SENATE OFFICE BUILDINGS The conferees have agreed to fund 1251 CAPITOL BUILDINGS Appropriates $54,144,000 instead of FTE’s as proposed by the Senate instead of SALARIES AND EXPENSES $53,644,000 as proposed by the Senate, of 1247 as proposed by the House. $267,000 is pro- Appropriates $43,683,000 for salaries and ex- which $14,615,000 shall remain available until vided for ‘‘comparability’’ pay and is fenced penses, Capitol buildings instead of expended, for the operations of the Senate pending approval of the appropriate authori- $40,347,000 as proposed by the House and office buildings. Inasmuch as this item re- ties, including the Committee on House $44,641,000 as proposed by the Senate. Of this lates solely to the Senate, and in accord with Oversight and the Senate Committee on amount, $8,175,000 shall remain available long practice under which each body deter- Rules and Administration. In addition, the until expended as proposed by the Senate in- mines its own housekeeping requirements conferees have provided funds for pay parity stead of $6,425,000 as proposed by the House. and the other concurs without intervention, ($2,442,064) and an adjustment to the longev- With respect to object class and project dif- the managers on the part of the House, at ity schedule ($1,687,284) but fence those ferences between the House and Senate bills, the request of the managers on the part of amounts pending approval by the appro- the conferees have agreed to the following the Senate, have receded to the Senate, in- priate authorities, including the named au- operating and capital budget changes from cluding an additional amount above the thorizing committees. FY 1998: amount in the Senate bill. September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8095

CAPITOL POWER PLANT 2. Attrition savings ...... ¥117,000 should consult with the Architect of the Cap- Appropriates $38,174,000 for plant oper- 3. Uniforms ...... +16,000 itol and include in the report those aspects ations instead of $33,145,000 as proposed by 4. Safety apparel ...... +4,000 of building security currently provided by the House and $38,222,000 as proposed by the 5. Roof fall protection ...... the Architect. The Library should also con- Senate. Of this amount, $5,100,000 shall re- ADMINISTRATIVE PROVISION sider the U.S. Capitol Police as a source of information and should consult with the main available until expended as proposed by The conferees have included an adminis- Capitol Police for advice on the best indus- the Senate instead of $100,000 as proposed by trative provision amending Section 307E(b) try practices. the House. With respect to object class and of the Legislative Branch Appropriations project differences between the House and Act, 1989, which established a fund for pri- COPYRIGHT OFFICE Senate bills, the conferees have agreed to the vate donations supporting a National Garden SALARIES AND EXPENSES following operating and capital budget at the Botanic Garden. The amendment pro- Provides $34,891,000 for salaries and ex- changes from FY1998: vides for the investment of such funds in pense, Copyright Office instead of $33,897,000 Operating Budget: Treasury securities or other Federally-guar- as proposed by the House and $35,269,000 as 1. Personnel compensa- anteed obligations and credit of the invest- proposed by the Senate. The conferees have tion and benefits ...... +$347,000 ments and investment proceeds to the ac- agreed to provide an additional $993,500 to 2. Attrition savings ...... ¥98,000 count. the Copyright Office for theft detection de- 3. Uniforms ...... +33,000 LIBRARY OF CONGRESS vices to be inserted into materials delivered 4. Personal protective/ Salaries and Expenses to the Copyright Office for deposit. The con- safety equipment ...... +7,000 ferees have agreed to language in the House Provies $238,373,000 for salaries and ex- Capital Budget: bill making the amounts collected under 17 penses, Library of Congress instead of 5. Optimization of chilled U.D.C. 708(d) available until expended and $234,822,00 as proposed by the House and water distribution sys- subject to appropriations. With respect to $239,176,542 as proposed by the Senate. Of this tem ...... +150,000 differences between the House and Senate 6. East plant chiller re- amount, $6,850,000 is made available from re- bills, the conferees have agreed to the fol- placement ...... +4,000,000 ceipts collected by the Library as proposed lowing budget changes from FY1998: LIBRARY OF CONGRESS by the House instead of $6,500,000 as proposed by the Senate; and $10,119,000 is to remain 1. Attrition savings ...... ¥106,000 CONGRESSIONAL RESEARCH SERVICE available until expended for acquisition of li- 2. Workload ...... ¥346,500 SALARIES AND EXPENSES brary materials as proposed by the Senate BOOKS FOR THE BLIND AND PHYSICALLY Appropriates $67,124,000 for salaries and ex- instead of $9,869,000 as proposed by the HANDICAPPED penses, Congressional Research Service, Li- House. With respect to differences between SALARIES AND EXPENSES brary of Congress instead of $66,688,000 as the House and Senate bills, the conferees proposed by the House and $67,877,483 as pro- have agreed to the following budget changes Appropriates $46,824,000 for salaries and ex- posed by the Senate. The conferees agree from FY 1998: penses, Books for the Blind and Physically with language in the House report that the Handicapped as proposed by the House in- Congressional Research Service should re- 1. Mandatory pay increases +$6,448,000 stead of $46,895,000 as proposed by the Senate. place departing staff with lower level profes- 2. Attrition savings ...... ¥1,032,000 Of this amount, $13,744,000 shall remain sionals to even out grade distribution. The 3. Price level increases ...... +1,668,000 available until expended. Growing workload in- conferees direct that the Congressional Re- FURNITURE AND FURNISHINGS search Service not increase its full-time creases: 4. Fort Meade Storage +551,000 Appropriates $4,448,000 for furniture and equivalent (FTE) employment level above furnishings at the Library of Congress in- the current level. 5. Meeting of the Fron- +2,000,000 tiers—Russia and Alas- stead of $4,178,000 as proposed by the House GOVERNMENT PRINTING OFFICE ka and $4,458,000 as proposed by the Senate. CONGRESSIONAL PRINTING AND BINDING 6. Bicentennial of Lewis +250,000 With respect to differences between the Appropriates $74,465,000 for Congressional and Clark Expedition House and Senate bills, the conferees have printing and binding as proposed by the 7. Law Library +253,775 agreed to the following budget change from House instead of $75,500,000 as proposed by 8. International legal infor- +350,000 FY1998: the Senate. The conferees have agreed to the mation database (re- Security equipment ...... +270,000 House provision regarding the use of this ap- ceipts) ADMINISTRATIVE PROVISIONS propriation for obligations incurred in other 9. Automation +691,771 years, and have substituted a provision al- 10. Security Office +335,331 The conferees have agreed to a provision in lowing 27 months to perform a printing job the House bill authorizing the Library to re- in lieu of a provision in the Senate amend- The conferees agree with language in the ceive funds from participants in and sponsors ment that adjusted current billing proce- House bill limiting to $350,000 the amount of an international legal information data- dures. available from collections relating to an base for the development and maintenance of The conferees have agreed to language in international legal information database. the database, subject to appropriations. the House report directing the Clerk of the The conferees have also agreed to a provision ARCHITECT OF THE CAPITOL in the Senate bill providing $2,000,000, to re- House, in consultation with the Secretary of CONGRESSIONAL CEMETERY the Senate and the Public Printer, to evalu- main available until expended, for a four- Appropriates $1,000,000 to the Architect of ate ways to improve the cost-effectiveness of year project to digitize collections for the the Capitol for a grant, to be matched by do- printing Congressional documents and to ‘‘Meeting of the Frontiers’’ United States- nations, for perpetual care and maintenance make appropriate recommendations. The Russian digital collection and to a Senate of Congressional Cemetery as proposed by conferees request that the Secretary of the provision of $250,000, also to remain available the House. Senate work with the Clerk of the House of until expended, for the Library’s efforts in Representatives on this project. connection with the commemoration of the LIBRARY BUILDINGS AND GROUNDS bicentennial of the Lewis and Clark expedi- ADMINISTRATIVE PROVISION STRUCTURAL AND MECHANICAL CARE tion. Appropriates $12,672,000 for structural and The conferees have agreed to an adminis- The conferees agree with the directives in mechanical care, Library buildings and trative provision in the House bill that the Senate report concerning full-time grounds, Architect of the Capitol instead of amends the Legislative Branch Appropria- equivalent jobs and direct that the funds $11,933,000 as proposed by the House and tions Act, 1998 to authorize ‘‘not to exceed’’ provided may only be expended within cur- $12,566,000 as proposed by the Senate. Of this $11,017,000 to be transferred from the revolv- rent FTE levels. amount, $910,000 shall remain available until ing fund. The conferees agree with language in the expended. With respect to object class and TITLE II—OTHER AGENCIES House report directing the Library to de- project differences between the House and velop measurements of the extent of the col- BOTANIC GARDEN Senate bills, the conferees have agreed to the lections security problem and with language SALARIES AND EXPENSES following operating and capital budget in the Senate report urging the Library to Appropriates $3,052,000 for salaries and ex- changes from FY 1998: continue efforts to assist the Senate with a penses, Botanic Garden instead of $3,032,000 legislative information retrieval system. Operating Budget as proposed by the House and $3,180,000 as The conferees direct the Library to develop 1. Personnel compensa- proposed by the Senate. With respect to ob- a strategic plan no later than January 15, tion and benefits ...... +$299,000 ject class and project differences between the 1999, coordinating all aspects of the Library’s 2. Attrition savings ...... ¥39,000 House and Senate bills, the conferees have interior and exterior physical security. The 3. Annual maintenance, agreed to the following operating budget plan should identify the Library’s central re- price level increases ...... changes from FY 1998: quirements and detail how those require- 4. Supplies and mate- 1. Personnel compensation ments are proposed to be met in the short rials, price level in- and benefits ...... +$133,000 term and in the long term. The Library creases ...... +6,500 H8096 CONGRESSIONAL RECORD — HOUSE September 22, 1998 5. Uniforms ...... +43,000 essary to complete critical renovation, vali- each buyout/earlyout program, the Architect 6. Safety apparel ...... +9,000 dation and implementation activities, and inform the House of Representatives Com- 7. Equipment, price level take all actions necessary to make the agen- mittees on House Oversight and Appropria- increases ...... cy Year 2000 compliant during fiscal year tions and the Senate Committees on Rules Capital Budget: 1999. The conferees are particularly con- and Administration and Appropriations of 8. Install additional read- cerned that certain key elements of the the areas to be affected by the buyout/ ers ...... +300,000 agency’s Year 2000 preparation may not be earlyout program and the planned for result. 9. Design, roof-fall pro- installed until May of 1999 or later, leaving Following each buyout/earlyout program tection ...... the agency with little time to test mission- that proceeds, but no later than July 1 of 10. Design, lightning pro- critical applications associated with these each year, the Architect must report on the tection, Madison Build- elements. The conferees direct GPO manage- annual results and compare them with the ing ...... ment to take whatever steps are necessary planned for results. An estimate for result- 11. Bookstack lighting to prevent any major Year 2000 failures re- ing savings due to the reengineered functions controls, Jefferson and sulting from the agency’s inability or unwill- must accompany each final buyout/earlyout Adams ...... +200,000 ingness to cooperate fully in this vital en- report. 12. Exterior security im- deavor. The conferees have included a provision in provements ...... +600,000 GENERAL ACCOUNTING OFFICE the House bill that directs the Architect of the Capitol to develop and implement an en- The conferees direct that the Architect of SALARIES AND EXPENSES ergy savings strategy and a provision in the the Capitol obtain the concurrence of the Appropriates $354,268,000 for salaries and Senate bill that amends section 316 of Public Capitol Police Board in the submission of expenses, General Accounting Office instead Law 101–302. The conferees have included lan- budget requests involving the physical secu- of $354,238,000 as proposed by the House and guage amending the American Folklife Pres- rity of the Library buildings and grounds. $363,298,000 as proposed by the Senate. With ervation Act to permanently authorize the ADMINISTRATIVE PROVISIONS respect to differences between the House and Center, to restructure the Board of Trustees, The conferees have agreed to a provision in Senate bills, the conferees have agreed to the to eliminate payment to Board members (ex- the House bill authorizing the Architect of following budget changes from FY1998: cepting reimbursement for travel and sub- the Capitol to make a grant of $1,000,000 to 1. Attrition savings ...... ¥$3,091,000 sistence while on Board business), and to the National Trust for Historic Preservation, 2. Other compensation ...... +250,000 eliminate the long-vacant Deputy Director to be placed in a restricted account and to be 3. Price level increases ...... +976,500 position. The conference agreement amends matched by donations to the Association for 4. Program changes ...... +6,610,000 the provision in the Senate bill regarding the Preservation of Historic Congressional payments made by the Government Printing The $6,610,000 provided for program Cemetery. Earnings of the account, to the Office to the Employees’ Compensation changes allows for not to exceed 50 full time extent that the grant is matched by private Fund. The amended language will only apply equivalent (FTE) employees. The conferees donations, will be available to the Associa- prospectively and removes the requirement expect that a minimum of one-third of the tion for care and maintenance of Congres- for any future reimbursements by the Gov- program funding increase will be used by sional Cemetery, excluding costs of nonrou- ernment Printing Office under section 8147(c) GAO to support information technology (IT) tine restoration or capital projects. of title 5, United States Code. work, particularly in support of issues relat- The conferees have included language au- TITLE IV—TRADE DEFICIT REVIEW thorizing up to $2,500,000 for improvements ed to the Year 2000 computing crisis. Any funds in excess of the amount required for COMMISSION to the National Audio Visual Conservation The conferees have deleted a provision in Center in Culpepper, Virginia. The conferees additional FTE’s should be allocated to pro- gram contract support. The conferees direct the Senate bill regarding a trade deficit re- note that when the acquisition of the Na- view commission. tional Audio Visual Conservation Center was the Comptroller General to include in the CONFERENCE TOTAL—WITH authorized, the Library announced a goal of agency’s FY2000 budget presentation an ac- COMPARISONS funding improvements to the facility on a counting of how this increase has been used, three-to-one private/public match over the including how many additional FTE’s have The total new budget (obligational) au- life of the improvement project. The con- been added and how much of the program in- thority for the fiscal year 1999 recommended ferees direct the Library to develop a fund- crease has been used to acquire mission-re- by the Committee of Conference, with com- ing strategy, similar to that utilized for the lated contract services. parisons to the fiscal year 1998 amount, the National Digital Library, which will achieve ADMINISTRATIVE PROVISION 1999 budget estimates, and the House and its stated goal. The conferees have included an adminis- Senate bills for 1999 follow: GOVERNMENT PRINTING OFFICE trative provision that transfers unexpended New budget (obligational) balances from funds transferred by the De- authority, fiscal year OFFICE OF SUPERINTENDENT OF DOCUMENTS partment of Health and Human Services to 1998 ...... $2,287,951,800 SALARIES AND EXPENSES the Comptroller General for a study. The Budget estimates of new Appropriates $29,264,000 for salaries and ex- study has been completed and the funds are (obligational) authority, penses, Office of the Superintendent of Docu- no longer necessary for their intended pur- fiscal year 1999 ...... 2,466,766,600 ments as proposed by the House instead of pose. House bill, fiscal year 1999 1,804,689,700 Conference agreement, fis- $29,600,000 as proposed by the Senate. TITLE III—GENERAL PROVISIONS cal year 1999 ...... 2,349,937,100 GOVERNMENT PRINTING OFFICE REVOLVING In Title III, General Provisions, section Senate bill, fiscal year 1999 2,361,488,125 FUND numbers have been changed to conform to Conference agreement The conferees agree to a 3,383 workyear the conference agreement. The conferees compared with: limitation at the Government Printing Of- have agreed to include section 305, a sense of New budget (obli- fice instead of 3,416 as proposed by the House Congress provision relating to purchase of gational) authority, and 3,350 as proposed by the Senate. The con- American-made products. The conferees have fiscal year 1998 ...... +61,985,300 ferees agree with language in the House re- included authority for ‘‘buyout’’ incentive Budget estimates of new port regarding the coordination of the imple- programs for the Architect of the Capitol (obligational) author- mentation of a commercial off-the-shelf fi- and for the Government Printing Office. The ity, fiscal year 1999 ...... ¥116,829,500 nancial management system with the Legis- conferees have amended the language of the House bill, fiscal year lative Branch Financial Managers Council House bill that contains these provisions. 1999 ...... +545,247,400 and further direct that the Public Printer The amended language requires the Archi- Senate bill, fiscal year implement the recommendations of the re- tect of the Capitol and the Government 1999 ...... ¥11,551,025 cent management audit conducted by Booz- Printing Office to make payments to the Managers on the Part of the House. Allen and Hamilton, Inc., as appropriate, and Civil Service Retirement and Disability submit an annual report. The first report is Fund equal to 15% of the annual gross salary JAMES T. WALSH, due with the submission of the fiscal year of each employee electing voluntary separa- C.W. BILL YOUNG, OF 2000 appropriation request. tion, a provision comparable to other Fed- FLORIDA, The conferees agree with language in the eral buyout authority. In addition, each RANDY ‘‘DUKE’’ Senate report regarding a total plan for cap- agency is required to submit a plan for uti- CUNNINGHAM, ital upgrades and obtaining approvals of the lizing this authority and to make periodic ZACH WAMP, plan by the appropriate committees. progress reports. TOM LATHAM, As part of ongoing concern over the efforts The Architect of the Capitol presented jus- BOB LIVINGSTON, of Legislative branch agencies to be Year tification for this authority, explaining it JOSE SERRANO, 2000 compliant, the conferees direct the Gov- will facilitate reengineering and reinvesting VIC FAZIO, ernment Printing Office to complete all as- in the agency to meet both mission require- STENY HOYER, sessments of its mission-critical systems, all ments and fiduciary responsibility. The con- DAVID OBEY: planning for the time and resources nec- ferees direct that before the Architect offers Managers on the Part of the Senate. September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8097 ROBERT F. BENNETT, In one important way, they are. The bill (H.R. 3616) to authorize appropria- TED STEVENS, ANC commissioners are volunteers and tions for fiscal year 1999 for military LARRY E. CRAIG, are never paid. But, unlike traditional activities of the Department of De- THAD COCHRAN, civic organizations, ANCs perform offi- fense, for military construction, and BYRON DORGAN, cial government duties. BARBARA BOXER, for defense activities of the Depart- For example, they must be notified 30 ROBERT C. BYRD, ment of Energy, to prescribe personnel days before any neighborhood action is f strengths for such fiscal year for the taken. They must hold hearings and re- Armed Forces, and for other purposes: IT IS A CLEAR CHOICE ceive comments. Then they must transmit their comments to the agency CONFERENCE REPORT (H. REPT. 105–736) (Mr. BALLLENGER asked and was involved, and then the mayor and the The committee of conference on the dis- given permission to address the House city council must give great weight to agreeing votes of the two Houses on the for 1 minute.) amendment of the Senate to the bill (H.R. the comments of the ANCs. These are 3616) to authorize appropriations for fiscal Mr. BALLENGER. Mr. Speaker, Con- unusual officials. Aside from their offi- gress has a little less than 1 month to year 1999 for military activities of the De- cial duties, they perform tasks that partment of Defense, for military construc- conduct the people’s business. I think have become indispensable to main- tion, and for defense activities of the Depart- Congress should focus on the issue of taining the quality of life in the Dis- ment of Energy, to prescribe personnel tax cuts. trict of Columbia. strengths for such fiscal year for the Armed Republicans believe that Americans Let me give just a few examples. ANC Forces, and for other purposes, having met, are overtaxed. Democrats believe that commissioners cleaned streets and after full and free conference, have agreed to Americans are not overtaxed, and some alleys when the city was unable to de- recommend and do recommend to their re- of them actually believe that Ameri- liver services during the fiscal crisis. spective Houses as follows: That the House recede from its disagree- cans are not taxed enough. Republicans Commissioners notified the city of de- ment to the amendment of the Senate and talk about tax cuts for all Americans, clining properties when city inspectors agree to the same with an amendment as fol- and Democrats speak in terms of tar- were unable to inspect deteriorating lows: geted tax cuts, which is a great way of housing. An ANC used the notification In lieu of the matter proposed to be in- saying that the middle class, the back- process to require developers to include serted by the Senate amendment, insert the bone of America, will not be getting a infrastructure improvements, like side- following: tax cut. walks, when building new housing. SECTION 1. SHORT TITLE; FINDINGS. Now, let us make a distinction be- Upon receiving notification for liquor (a) SHORT TITLE.—This Act may be cited as tween Democrats and so-called new license renewal, an ANC was able to the ‘‘Strom Thurmond National Defense Author- ization Act for Fiscal Year 1999’’. Democrats. Democrats will raise your force a store owner to stem public in- toxication. An ANC uses its funds to (b) FINDINGS.—Congress makes the following taxes. New Democrats will talk about findings: cutting your taxes, but they will end operate a youth center, placing teens (1) Senator Strom Thurmond of South Caro- up raising them once they get into of- in jobs with neighborhood vendors. lina first became a member of the Committee on fice. Our ANCs have taken a 50 percent cut Armed Services of the United States Senate on Mr. Speaker, the choice is clear. If since the fiscal crisis began in 1994. January 19, 1959. Senator Thurmond’s continu- you believe taxes are fundamentally a Thus, giving them just a small amount ous service on that committee covers more than of that back helps our neighborhoods 75 percent of the period of the existence of the freedom issue, then Republicans are on in indescribable ways. committee, which was established immediately your side. If you think the government Ironically, these neighborhood insti- after World War II, and more than 20 percent of knows best, then the Democrats are tutions were placed in the home rule the period of the existence of military and naval your friend. It is a clear choice. charter by the House of Representa- affairs committees of Congress, the original bod- f ies of which were formed in 1816. tives itself. Now, they are being (2) Senator Thurmond came to Congress and SPECIAL ORDERS defunded by the House. The Senate has the committee as a distinguished veteran of serv- not defunded them. ice, including combat service, in the Armed The SPEAKER pro tempore (Mr. The House chose not to leave to Forces of the United States. PETRI). Under the Speaker’s announced chance grass roots participation in (3) Senator Thurmond was commissioned as a policy of January 7, 1997, and under a local government when it approved the reserve second lieutenant of infantry in 1924. He previous order of the House, the follow- charter of the District of Columbia, be- served with great distinction with the First ing Members will be recognized for 5 lieving that a cadre of front-line elect- Army in the European Theater of Operations minutes each: ed officials could be the veins and arte- during World War II, landing in Normandy in a ries leading out into the neighborhoods glider with the 82nd Airborne Division on D- f Day. He was transferred to the Pacific Theater to other parts of the government and DEFUNDING AN ELECTED BODY IS of Operations at the end of the war in Europe to the mayor and the city council. and was serving in the Philippines when Japan A BLOW TO DEMOCRACY ITSELF The truth is that the 37 commissions, surrendered. The SPEAKER pro tempore. Under a consisting of 299 commissioners, have (4) Having reverted to Reserve status at the previous order of the House, the gentle- the most thankless job in the District. end of World War II, Senator Thurmond was woman from the District of Columbia This volunteer job has so few rewards promoted to brigadier general in the United States Army Reserve in 1954. He served as Presi- (Ms. NORTON) is recognized for 5 min- that many single-member districts are without candidates. It is a real labor of dent of the Reserve Officers Association begin- utes. ning that same year and ending in 1955. Senator Ms. NORTON. Mr. Speaker, a serious love. It is difficult enough without eviscerating ANC by depriving commis- Thurmond was promoted to major general in the step was taken last week when the United States Army Reserve in 1959. He trans- sioners of the basics, such as phones House defunded an elected body that ferred to the Retired Reserve on January 1, 1965, and faxes. had only a token amount in the D.C. after 36 years of commissioned service. Defunding an elected body is a blow (5) The distinguished character of Senator appropriation, a 100th of 1 percent to democracy itself. The ANC contribu- amount in a $6.8 billion consensus Thurmond’s military service has been recognized tion to the city is an important exam- by awards of numerous decorations that include budget that had been approved by the ple of the link between democratic the Legion of Merit, the Bronze Star medal with control board and the elected officials. grass roots participation and the qual- ‘‘V’’ device, the Army Commendation Medal, the This may be because the group in- ity of life. This contribution deserves Belgian Cross of the Order of the Crown, and volved, Advisory Neighborhood Com- to be applauded, not defunded. the French Croix de Guerre. missions, are perhaps not routinely In the District, we get much more (6) Senator Thurmond has served as chairman found in other jurisdictions, and there out of the ANCs than we put in. I ask of the Committee on Armed Services of the United States Senate since 1995 and served as is little understanding of the vital role that their funding be returned. they play in our urban environment. the ranking minority member of the committee f from 1993 to 1995. Senator Thurmond concludes Many members seem to think that CONFERENCE REPORT ON H.R. 3616 his service as chairman at the end of the One ANCs, as we call our Advisory Neigh- Hundred Fifth Congress, but is to continue to borhood Commissions, are like civic or- Mr. SPENCE submitted the following serve the committee as a member in successive ganizations in their own home towns. conference report and statement on the Congresses. H8098 CONGRESSIONAL RECORD — HOUSE September 22, 1998 (7) This Act is the fortieth annual authoriza- Subtitle B—Program Requirements, Sec. 327. Arctic Military Environmental Co- tion bill for the Department of Defense for Restrictions, and Limitations operation Program. which Senator Thurmond has taken a major re- Sec. 211. Management responsibility for Navy Sec. 328. Sense of Congress regarding oil spill sponsibility as a member of the Committee on mine countermeasures programs. prevention training for personnel Armed Services of the Senate. Sec. 212. Future aircraft carrier transition tech- on board Navy vessels. (8) Senator Thurmond, as an Army officer and nologies. Subtitle D—Information Technology Issues a legislator, has made matchless contributions to Sec. 213. Manufacturing technology program. Sec. 331. Additional information technology re- the national security of the United States that, Sec. 214. Sense of Congress on the Defense sponsibilities of Chief Information in duration and in quality, are unique. Science and Technology Program. Officers. (9) It is altogether fitting and proper that this Sec. 215. Next Generation Internet Program. Sec. 332. Defense-wide electronic mall system Act, the last annual authorization Act for the Sec. 216. Crusader self-propelled artillery sys- for supply purchases. national defense that Senator Thurmond man- tem program. Sec. 333. Priority funding to ensure year 2000 ages in and for the United States Senate as Sec. 217. Airborne Laser Program. compliance of information tech- chairman of the Committee on Armed Services, Sec. 218. Enhanced Global Positioning System nology and national security sys- be named in his honor, as provided in sub- program. tems. section (a). Subtitle C—Ballistic Missile Defense Sec. 334. Evaluation of year 2000 compliance as SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; Sec. 231. Sense of Congress on National Missile part of training exercises pro- TABLE OF CONTENTS. Defense coverage. grams. (a) DIVISIONS.—This Act is organized into Sec. 232. Limitation on funding for the Medium Sec. 335. Continuity of essential operations at three divisions as follows: Extended Air Defense System. risk of failure because of informa- (1) Division A—Department of Defense Au- Sec. 233. Limitation on funding for Cooperative tion technology and national se- thorizations. Ballistic Missile Defense pro- curity systems that are not year (2) Division B—Military Construction Author- grams. 2000 compliant. izations. (3) Division C—Department of Energy Na- Sec. 234. Sense of Congress with respect to Bal- Subtitle E—Defense Infrastructure Support tional Security Authorizations and Other Au- listic Missile Defense cooperation Improvement with Russia. thorizations. Sec. 341. Clarification of definition of depot- Sec. 235. Ballistic Missile Defense program ele- (b) TABLE OF CONTENTS.—The table of con- level maintenance and repair. ments. tents for this Act is as follows: Sec. 342. Reporting and analysis requirements Sec. 236. Restructuring of acquisition strategy Sec. 1. Short title; findings. before change of commercial and for Theater High-Altitude Area Sec. 2. Organization of Act into divisions; table industrial type functions to pri- Defense (THAAD) system. of contents. vate sector performance. Sec. 3. Congressional defense committees de- Subtitle D—Other Matters Sec. 343. Notifications of determinations of mili- fined. Sec. 241. Extension of authority to carry out tary items as being commercial DIVISION A—DEPARTMENT OF DEFENSE certain prototype projects. items for purposes of the excep- AUTHORIZATIONS Sec. 242. NATO alliance ground surveillance tion to requirements regarding TITLE I—PROCUREMENT concept definition. core logistics capabilities. Sec. 243. NATO common-funded Civil Budget. Sec. 344. Oversight of development and imple- Subtitle A—Authorization of Appropriations Sec. 244. Executive agent for cooperative re- mentation of automated identi- Sec. 101. Army. search program of the Department fication technology. Sec. 102. Navy and Marine Corps. of Defense and the Department of Sec. 345. Contractor-operated civil engineering Sec. 103. Air Force. Veterans Affairs. supply stores program. Sec. 104. Defense-wide activities. Sec. 245. Review of pharmacological interven- Sec. 346. Conditions on expansion of functions Sec. 105. Reserve components. tions for reversing brain injury. performed under prime vendor Sec. 106. Defense Inspector General. Sec. 246. Pilot program for revitalizing the lab- contracts for depot-level mainte- Sec. 107. Chemical demilitarization program. oratories and test and evaluation nance and repair. Sec. 108. Defense health programs. centers of the Department of De- Sec. 347. Best commercial inventory practices Sec. 109. Defense Export Loan Guarantee pro- fense. for management of secondary sup- gram. Sec. 247. Chemical warfare defense. ply items. Subtitle B—Army Programs Sec. 248. Landmine alternatives. Sec. 348. Personnel reductions in Army Materiel Sec. 111. Multiyear procurement authority for TITLE III—OPERATION AND Command. Longbow Hellfire Missile program. MAINTENANCE Sec. 349. Inventory management of in-transit Sec. 112. Conditions for award of a second- items. Subtitle A—Authorization of Appropriations source procurement contract for Sec. 350. Review of Defense Automated Printing the Family of Medium Tactical Sec. 301. Operation and maintenance funding. Service functions. Vehicles. Sec. 302. Working capital funds. Sec. 351. Development of plan for establishment Sec. 113. Armored system modernization. Sec. 303. Armed Forces Retirement Home. of core logistics capabilities for Sec. 114. Reactive armor tiles. Sec. 304. Transfer from National Defense Stock- maintenance and repair of C–17 Sec. 115. Extension of authority to carry out pile Transaction Fund. aircraft. Armament Retooling and Manu- Subtitle B—Program Requirements, Subtitle F—Commissaries and facturing Support Initiative. Restrictions, and Limitations Nonappropriated Fund Instrumentalities Subtitle C—Navy Programs Sec. 311. Refurbishment of M1–A1 tanks. Sec. 361. Continuation of management and Sec. 121. CVN–77 nuclear aircraft carrier pro- Sec. 312. Operation of prepositioned fleet, Na- funding of Defense Commissary gram. tional Training Center, Fort Agency through the Office of the Sec. 122. Increase in amount authorized to be Irwin, California. Secretary of Defense. excluded from cost limitation for Sec. 313. Berthing space at Norfolk Naval Ship- Sec. 362. Expansion of current eligibility of Re- Seawolf submarine program. yard, Virginia. serves for commissary benefits. Sec. 123. Multiyear procurement authority for Sec. 314. NATO common-funded military budg- Sec. 363. Costs payable to the Department of the Department of the Navy. et. Defense and other Federal agen- Sec. 124. Annual GAO review of F/A–18E/F air- Subtitle C—Environmental Provisions cies for services provided to the craft program. Sec. 321. Settlement of claims of foreign govern- Defense Commissary Agency. Subtitle D—Air Force Programs ments for environmental cleanup Sec. 364. Collection of dishonored checks pre- Sec. 131. F–22 aircraft program. of overseas sites formerly used by sented at commissary stores. Sec. 132. C–130J aircraft program. the Department of Defense. Sec. 365. Restrictions on patron access to, and Subtitle E—Other Matters Sec. 322. Authority to pay negotiated settlement purchases in, overseas com- Sec. 141. Chemical stockpile emergency pre- for environmental cleanup of for- missaries and exchange stores. paredness program. merly used defense sites in Can- Sec. 366. Repeal of requirement for Air Force to Sec. 142. Alternative technologies for destruc- ada. sell tobacco products to enlisted tion of assembled chemical weap- Sec. 323. Removal of underground storage personnel. ons. tanks. Sec. 367. Prohibition on consolidation or other Sec. 324. Report regarding polychlorinated organizational changes of Depart- TITLE II—RESEARCH, DEVELOPMENT, biphenyl waste under Department ment of Defense retail systems. TEST, AND EVALUATION of Defense control overseas. Sec. 368. Defense Commissary Agency tele- Subtitle A—Authorization of Appropriations Sec. 325. Modification of deadline for submittal communications. Sec. 201. Authorization of appropriations. to Congress of annual reports on Sec. 369. Survey of commissary store patrons re- Sec. 202. Amount for basic and applied re- environmental activities. garding satisfaction with com- search. Sec. 326. Submarine solid waste control. missary store merchandise. September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8099 Subtitle G—Other Matters Sec. 504. Permanent applicability of limitations Subtitle E—Administration of Agencies Re- Sec. 371. Eligibility requirements for attendance on years of active naval service of sponsible for Review and Correction of Mili- at Department of Defense domes- Navy limited duty officers in tary Records tic dependent elementary and sec- grades of commander and captain. Sec. 541. Personnel freeze. ondary schools. Sec. 505. Tenure of Chief of the Air Force Nurse Sec. 542. Professional staff. Sec. 372. Assistance to local educational agen- Corps. Sec. 543. Ex parte communications. cies that benefit dependents of Sec. 506. Grade of Air Force Assistant Surgeon Sec. 544. Timeliness standards. members of the Armed Forces and General for Dental Services. Sec. 545. Scope of correction of military records. Sec. 507. Review regarding allocation of Naval Department of Defense civilian Reserve Officers’ Training Corps Subtitle F—Reports employees. scholarships among participating Sec. 551. Report on personnel retention. Sec. 373. Department of Defense readiness re- colleges and universities. Sec. 552. Report on process for selection of mem- porting system. bers for service on courts-martial. Subtitle B—Reserve Component Matters Sec. 374. Specific emphasis of program to inves- Sec. 553. Report on prisoners transferred from tigate fraud, waste, and abuse Sec. 511. Use of Reserves for emergencies involv- United States Disciplinary Bar- within Department of Defense. ing weapons of mass destruction. racks, Fort Leavenworth, Kansas, Sec. 512. Service required for retirement of Na- Sec. 375. Condition for providing financial as- to Federal Bureau of Prisons. sistance for support of additional tional Guard officer in higher Sec. 554. Review and report regarding the dis- duties assigned to the Army Na- grade. tribution of National Guard full- Sec. 513. Reduced time-in-grade requirement for tional Guard. time support among the States. Sec. 376. Demonstration program to improve reserve general and flag officers Subtitle G—Other Matters quality of personal property ship- involuntarily transferred from ac- ments of members. tive status. Sec. 561. Two-year extension of certain force Sec. 377. Pilot program for acceptance and use Sec. 514. Active status service requirement for drawdown transition authorities of landing fees charged for use of promotion consideration for Army relating to personnel management domestic military airfields by civil and Air Force reserve component and benefits. aircraft. brigadier generals. Sec. 562. Leave without pay for suspended Sec. 378. Strategic plan for expansion of dis- Sec. 515. Composition of selective early retire- academy cadets and midshipmen. tance learning initiatives. ment boards for rear admirals of Sec. 563. Continued eligibility under Voluntary Sec. 379. Public availability of operating agree- the Naval Reserve and major gen- Separation Incentive program for ments between military installa- erals of the Marine Corps Reserve. members who involuntarily lose Sec. 516. Authority for temporary waiver for tions and financial institutions. membership in a reserve compo- certain Army Reserve officers of nent. TITLE IV—MILITARY PERSONNEL baccalaureate degree requirement Sec. 564. Reinstatement of definition of finan- AUTHORIZATIONS for promotion of reserve officers. cial institution in authorities for Subtitle A—Active Forces Sec. 517. Furnishing of burial flags for de- reimbursement of defense person- Sec. 401. End strengths for active forces. ceased members and former mem- nel for Government errors in di- Sec. 402. Revision in permanent end strength bers of the Selected Reserve. rect deposit of pay. levels. Subtitle C—Military Education and Training Sec. 565. Increase in maximum amount for Col- Sec. 403. Date for submission of annual man- Sec. 521. Separate housing for male and female lege Fund program. power requirements report. recruits during recruit basic train- Sec. 566. Central Identification Laboratory, Ha- Sec. 404. Additional exemption from percentage ing. waii. limitation on number of lieuten- Sec. 522. After-hours privacy for recruits during Sec. 567. Military funeral honors for veterans. ant generals and vice admirals. basic training. Sec. 568. Status in the Naval Reserve of cadets Sec. 405. Extension of authority for Chairman Sec. 523. Sense of the House of Representatives at the Merchant Marine Acad- of the Joint Chiefs of Staff to des- relating to small unit assignments emy. ignate up to 12 general and flag by gender during recruit basic Sec. 569. Repeal of restriction on civilian em- officer positions to be excluded training. ployment of enlisted members. from general and flag officer Sec. 524. Extension of reporting dates for Com- Sec. 570. Transitional compensation for abused grade limitations. mission on Military Training and dependent children not residing Sec. 406. Exception for Chief, National Guard Gender-Related Issues. with the spouse or former spouse Bureau, from limitation on num- Sec. 525. Improved oversight of innovative read- of a member convicted of depend- ber of officers above major gen- iness training. ent abuse. eral. Subtitle D—Decorations, Awards, and Sec. 571. Pilot program for treating GED and Sec. 407. Limitation on daily average of person- Commendations home school diploma recipients as high school graduates for deter- nel on active duty in grades E–8 Sec. 531. Study of new decorations for injury or minations of eligibility for enlist- and E–9. death in line of duty. ment in the Armed Forces. Sec. 532. Waiver of time limitations for award of Subtitle B—Reserve Forces Sec. 572. Sense of Congress concerning New certain decorations to certain per- Sec. 411. End strengths for Selected Reserve. Parent Support Program and mili- sons. Sec. 412. End strengths for Reserves on active tary families. Sec. 533. Commendation and commemoration of duty in support of the reserves. Sec. 573. Advancement of Benjamin O. Davis, the Navy and Marine Corps per- Sec. 413. End strengths for military technicians Junior, to grade of general on the sonnel who served in the United (dual status). retired list of the Air Force. States Navy Asiatic Fleet from Sec. 414. Increase in number of members in cer- Sec. 574. Sense of the House of Representatives 1910–1942. tain grades authorized to serve on Sec. 534. Appreciation for service during World concerning adherence by civilians active duty in support of the re- War I and World War II by mem- in military chain of command to serves. bers of the Navy assigned on the standard of exemplary con- Sec. 415. Consolidation of strength authoriza- board merchant ships as the duct required of commanding offi- tions for active status Naval Re- Naval Armed Guard Service. cers and others in authority in serve flag officers of the Navy Sec. 535. Sense of Congress regarding the hero- the Armed Forces. Medical Department Staff Corps. ism, sacrifice, and service of the TITLE VI—COMPENSATION AND OTHER Subtitle C—Authorization of Appropriations military forces of South Vietnam, PERSONNEL BENEFITS Sec. 421. Authorization of appropriations for other nations, and indigenous Subtitle A—Pay and Allowances military personnel. groups in connection with the Sec. 601. Increase in basic pay for fiscal year TITLE V—MILITARY PERSONNEL POLICY United States Armed Forces dur- 1999. ing the Vietnam conflict. Sec. 602. Rate of pay for cadets and mid- Subtitle A—Officer Personnel Policy Sec. 536. Sense of Congress regarding the hero- shipmen at the service academies. Sec. 501. Codification of eligibility of retired of- ism, sacrifice, and service of Sec. 603. Basic allowance for housing outside ficers and former officers for con- former South Vietnamese com- the United States. sideration by special selection mandos in connection with United Sec. 604. Basic allowance for subsistence for re- boards. States Armed Forces during the serves. Sec. 502. Involuntary separation pay denied for Vietnam conflict. officer discharged for failure of Sec. 537. Prohibition on members of Armed Subtitle B—Bonuses and Special and selection for promotion requested Forces entering correctional fa- Incentive Pays by the officer. cilities to present decorations to Sec. 611. Three-month extension of certain bo- Sec. 503. Streamlined selective retention process persons who have committed seri- nuses and special pay authorities for regular officers. ous violent felonies. for reserve forces. H8100 CONGRESSIONAL RECORD — HOUSE September 22, 1998 Sec. 612. Three-month extension of certain bo- Sec. 656. Relationship of enlistment bonuses to Sec. 746. Report on research and surveillance nuses and special pay authorities eligibility to receive Army college activities regarding Lyme disease for nurse officer candidates, reg- fund supplement under Montgom- and other tick-borne diseases. istered nurses, and nurse anes- ery GI Bill Educational Assist- TITLE VIII—ACQUISITION POLICY, ACQUI- thetists. ance Program. SITION MANAGEMENT, AND RELATED Sec. 613. Three-month extension of authorities Sec. 657. Authority to provide financial assist- MATTERS relating to payment of other bo- ance for education of certain de- Subtitle A—Amendments to General Contract- nuses and special pays. fense dependents overseas. ing Authorities, Procedures, and Limita- Sec. 614. Increased hazardous duty pay for aer- Sec. 658. Clarifications concerning payments to tions ial flight crewmembers in certain certain persons captured or in- pay grades. terned by North Vietnam. Sec. 801. Limitation on use of price preference Sec. 615. Aviation career incentive pay and upon achievement of contract TITLE VII—HEALTH CARE PROVISIONS goal for small and disadvantaged aviation officer retention bonus. Subtitle A—Health Care Services Sec. 616. Diving duty special pay for divers businesses. Sec. 701. Dependents’ dental program. Sec. 802. Distribution of assistance under the having diving duty as a nonpri- Sec. 702. Expansion of dependent eligibility Procurement Technical Assistance mary duty. under retiree dental program. Sec. 617. Hardship duty pay. Cooperative Agreement Program. Sec. 703. Plan for redesign of military phar- Sec. 803. Defense commercial pricing manage- Sec. 618. Selective reenlistment bonus eligibility macy system. ment improvement. for Reserve members performing Sec. 704. Transitional authority to provide con- Sec. 804. Modification of senior executives cov- active Guard and Reserve duty. tinued health care coverage for ered by limitation on allowability Sec. 619. Repeal of ten percent limitation on certain persons unaware of loss of of compensation for certain con- certain selective reenlistment bo- CHAMPUS eligibility. tractor personnel. nuses. Sec. 805. Separate determinations of exceptional Sec. 620. Increase in maximum amount author- Subtitle B—TRICARE Program Sec. 711. Payment of claims for provision of waivers of truth in negotiation re- ized for Army enlistment bonus. quirements for prime contracts Sec. 621. Equitable treatment of Reserves eligi- health care under the TRICARE program for which a third party and subcontracts. ble for special pay for duty sub- Sec. 806. Procurement of conventional ammuni- may be liable. ject to hostile fire or imminent tion. Sec. 712. TRICARE prime automatic enroll- danger. Sec. 807. Para-aramid fibers and yarns. Sec. 622. Retention incentives initiative for ments and retiree payment op- Sec. 808. Clarification of responsibility for sub- critically short military occupa- tions. mission of information on prices Sec. 713. System for tracking data and measur- tional specialties. previously charged for property or ing performance in meeting Subtitle C—Travel and Transportation services offered. TRICARE access standards. Allowances Sec. 809. Amendments and study relating to Sec. 714. Establishment of appeals process for procurement from firms in indus- Sec. 631. Payments for movements of household claimcheck denials. trial base for production of small goods arranged by members. Sec. 715. Reviews relating to accessibility of arms. Sec. 632. Exception to maximum weight allow- health care under TRICARE. ance for baggage and household Subtitle B—Other Matters Subtitle C—Health Care Services For Medi- effects. care-Eligible Department of Defense Bene- Sec. 811. Eligibility of involuntarily down- Sec. 633. Travel and transportation allowances ficiaries graded employee for membership for travel performed by members in an acquisition corps. in connection with rest and recu- Sec. 721. Demonstration project to include cer- Sec. 812. Time for submission of annual report perative leave from overseas sta- tain covered beneficiaries within relating to Buy American Act. tions. Federal Employees Health Bene- Sec. 813. Procurement of travel services for offi- Sec. 634. Storage of baggage of certain depend- fits Program. cial and unofficial travel under ents. Sec. 722. TRICARE as Supplement to Medicare one contract. Sec. 635. Commercial travel of Reserves at Fed- demonstration. Sec. 814. Department of Defense purchases Sec. 723. Implementation of redesign of phar- eral supply schedule rates for at- through other agencies. macy system. tendance at inactive-duty train- Sec. 815. Supervision of defense acquisition uni- Sec. 724. Comprehensive evaluation of imple- ing assemblies. versity structure by Under Sec- mentation of demonstration retary of Defense for Acquisition Subtitle D—Retired Pay, Survivor Benefits, projects and TRICARE pharmacy and Related Matters and Technology. redesign. Sec. 816. Pilot programs for testing program Sec. 641. Paid-up coverage under Survivor Ben- Subtitle D—Other Changes to Existing Laws manager performance of product efit Plan. Regarding Health Care Management support oversight responsibilities Sec. 642. Survivor Benefit Plan open enrollment Sec. 731. Process for waiving informed consent for life cycle of acquisition pro- period. requirement for administration of grams. Sec. 643. Effective date of court-required former certain drugs to members of Sec. 817. Scope of protection of certain informa- spouse Survivor Benefit Plan cov- Armed Forces for purposes of a tion from disclosure. erage effectuated through elec- particular military operation. Sec. 818. Plan for rapid transition from comple- tions and deemed elections. Sec. 732. Health benefits for abused dependents tion of small business innovation Sec. 644. Presentation of United States flag to of members of the Armed Forces. research into defense acquisition members of the Armed Forces Sec. 733. Provision of health care at military programs. upon retirement. entrance processing stations and Sec. 819. Five-year authority for Secretary of Sec. 645. Recovery, care, and disposition of re- elsewhere outside medical treat- the Navy to exchange certain mains of medically retired member ment facilities. items. who dies during hospitalization Sec. 734. Professional qualifications of physi- Sec. 820. Permanent authority for use of major that begins while on active duty. cians providing military health range and test facility installa- Sec. 646. Revision to computation of retired pay care. tions by commercial entities. for certain members. Sec. 821. Inventory exchange authorized for Subtitle E—Other Matters Sec. 647. Elimination of backlog of unpaid re- certain fuel delivery contract. tired pay. Sec. 741. Enhanced Department of Defense Organ and Tissue Donor program. TITLE IX—DEPARTMENT OF DEFENSE Subtitle E—Other Matters Sec. 742. Authorization to establish a Level 1 ORGANIZATION AND MANAGEMENT Sec. 651. Definition of possessions of the United Trauma Training Center. Subtitle A—Department of Defense Officers States for pay and allowances Sec. 743. Authority to establish center for study and Organization purposes. of post-deployment health con- Sec. 901. Reduction in number of Assistant Sec- Sec. 652. Accounting of advance payments. cerns of members of the Armed retary of Defense positions. Sec. 653. Reimbursement of rental vehicle costs Forces. Sec. 902. Repeal of statutory requirement for when motor vehicle transported at Sec. 744. Report on implementation of enroll- position of Assistant Secretary of Government expense is late. ment-based capitation for funding Defense for Command, Control, Sec. 654. Education loan repayment program for military medical treatment fa- Communications, and Intel- for health professions officers cilities. ligence. serving in Selected Reserve. Sec. 745. Joint Department of Defense and De- Sec. 903. Independent task force on trans- Sec. 655. Federal employees’ compensation cov- partment of Veterans Affairs re- formation and Department of De- erage for students participating in ports relating to interdepart- fense organization. certain officer candidate pro- mental cooperation in the delivery Sec. 904. Authority to expand the National De- grams. of medical care. fense University. September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8101 Sec. 905. Center for Hemispheric Defense Stud- Sec. 1015. Reports on naval surface fire-support Sec. 1102. Maximum pay rate comparability for ies. capabilities. faculty members of the United Sec. 906. Restructuring of administration of Sec. 1016. Long-term charter of three vessels in States Air Force Institute of Tech- Fisher Houses. support of submarine rescue, es- nology. Sec. 907. Management reform for research, de- cort, and towing. Sec. 1103. Authority for release to Coast Guard velopment, test, and evaluation Sec. 1017. Transfer of obsolete Army tugboat. of drug test results of civil service activities. Subtitle C—Counter Drug Activities and mariners of the Military Sealift Subtitle B—Department of Defense Financial Other Assistance for Civilian Law Enforce- Command. Management ment Sec. 1104. Limitations on back pay awards. Sec. 911. Improved accounting for defense con- Sec. 1021. Department of Defense support to Sec. 1105. Restoration of annual leave accumu- tract services. other agencies for counter-drug lated by civilian employees at in- Sec. 912. Report on Department of Defense fi- activities. stallations in the Republic of nancial management improvement Sec. 1022. Department of Defense support of Panama to be closed pursuant to plan. National Guard drug interdiction the Panama Canal Treaty of 1977. Sec. 913. Study of feasibility of performance of and counter-drug activities. Sec. 1106. Repeal of program providing pref- Department of Defense finance Sec. 1023. Department of Defense counter-drug erence for employment of military and accounting functions by pri- activities in transit zone. spouses in military child care fa- vate sector sources or other Fed- Subtitle D—Miscellaneous Report cilities. eral sources. Requirements and Repeals Sec. 1107. Observance of certain holidays at duty posts outside the United Sec. 914. Limitation on reorganization and con- Sec. 1031. Repeal of unnecessary and obsolete States. solidation of operating locations reporting provisions. Sec. 1108. Continuation of random drug testing of the Defense Finance and Ac- Sec. 1032. Report regarding use of tagging sys- program for certain Department counting Service. tem to identify hydrocarbon fuels of Defense employees. Sec. 915. Annual report on resources allocated used by Department of Defense. to support and mission activities. Sec. 1109. Department of Defense employee vol- Subtitle E—Armed Forces Retirement Home untary early retirement authority. Subtitle C—Joint Warfighting Sec. 1041. Appointment of Director and Deputy Experimentation TITLE XII—MATTERS RELATING TO OTHER Director of the Naval Home. NATIONS Sec. 921. Findings concerning joint warfighting Sec. 1042. Revision of inspection requirements experimentation. relating to Armed Forces Retire- Subtitle A—United States Armed Forces in Sec. 922. Sense of Congress concerning joint ment Home. Bosnia and Herzegovina warfighting experimentation. Sec. 1043. Clarification of land conveyance au- Sec. 1201. Findings. Sec. 923. Reports on joint warfighting experi- thority, Armed Forces Retirement Sec. 1202. Sense of Congress. mentation. Home. Sec. 1203. Presidential reports. Subtitle D—Other Matters Subtitle F—Matters Relating to Defense Sec. 1204. Secretary of Defense reports on oper- Sec. 931. Further reductions in defense acquisi- Property ations in Bosnia and tion and support workforce. Sec. 1051. Plan for improved demilitarization of Herzegovina. Sec. 932. Limitation on operation and support excess and surplus defense prop- Sec. 1205. Definitions. funds for the Office of the Sec- erty. Subtitle B—Matters Relating to Contingency retary of Defense. Sec. 1052. Transfer of F–4 Phantom II aircraft Operations Sec. 933. Clarification and simplification of re- to foundation. Sec. 1211. Report on involvement of Armed sponsibilities of Inspectors Gen- Subtitle G—Other Department of Defense Forces in contingency and ongo- eral regarding whistleblower pro- Matters ing operations. tections. Sec. 1061. Pilot program on alternative notice of Sec. 1212. Submission of report on objectives of Sec. 934. Repeal of requirement relating to as- a contingency operation with re- signment of tactical airlift mission receipt of legal process for gar- nishment of Federal pay for child quests for funding for the oper- to reserve components. ation. Sec. 935. Consultation with Marine Corps on support and alimony. Sec. 1062. Training of special operations forces major decisions directly concern- Subtitle C—Matters Relating to NATO and with friendly foreign forces. ing Marine Corps aviation. Europe Sec. 1063. Research grants competitively award- Sec. 1221. Limitation on United States share of TITLE X—GENERAL PROVISIONS ed to service academies. costs of NATO expansion. Subtitle A—Financial Matters Sec. 1064. Department of Defense use of fre- Sec. 1222. Report on military capabilities of an Sec. 1001. Transfer authority. quency spectrum. expanded NATO alliance. Sec. 1002. Incorporation of classified annex. Sec. 1065. Department of Defense aviation acci- Sec. 1223. Reports on the development of the Sec. 1003. Authorization of prior emergency dent investigations. European security and defense Sec. 1066. Investigation of actions relating to supplemental appropriations for identity. fiscal year 1998. 174th Fighter Wing of New York Subtitle D—Other Matters Sec. 1004. Authorization of appropriations for Air National Guard. Bosnia peacekeeping operations Sec. 1067. Program to commemorate 50th anni- Sec. 1231. Limitation on assignment of United for fiscal year 1999. versary of the Korean War. States forces for certain United Sec. 1005. Partnership for Peace Information Sec. 1068. Designation of America’s National Nations purposes. Management System. Maritime Museum. Sec. 1232. Prohibition on restriction of Armed Sec. 1006. United States contribution to NATO Sec. 1069. Technical and clerical amendments. Forces under Kyoto Protocol to common-funded budgets in fiscal Subtitle H—Other Matters the United Nations Framework year 1999. Sec. 1071. Act constituting Presidential ap- Convention on Climate Change. Sec. 1007. Liquidity of working-capital funds. proval of vessel war risk insur- Sec. 1233. Defense burdensharing. Sec. 1008. Termination of authority to manage ance requested by the Secretary of Sec. 1234. Transfer of excess UH–1 Huey and working-capital funds and certain Defense. AH–1 Cobra helicopters to foreign activities through the Defense Sec. 1072. Extension and reauthorization of De- countries. Business Operations Fund. fense Production Act of 1950. Sec. 1235. Transfers of naval vessels to certain Sec. 1009. Clarification of authority to retain Sec. 1073. Requirement that burial flags fur- foreign countries. recovered costs of disposals in nished by the Secretary of Veter- Sec. 1236. Repeal of landmine moratorium. working-capital funds. ans Affairs be wholly produced in Sec. 1237. Application of authorities under the Sec. 1010. Crediting of amounts recovered from the United States. International Emergency Eco- third parties for loss or damage to Sec. 1074. Sense of Congress concerning tax nomic Powers Act to Communist personal property shipped or treatment of principal residence of Chinese military companies. stored at Government expense. members of Armed Forces while TITLE XIII—COOPERATIVE THREAT RE- Subtitle B—Naval Vessels and Shipyards away from home on active duty. DUCTION WITH STATES OF THE FORMER Sec. 1075. Clarification of State authority to tax Sec. 1011. Revision to requirement for continued SOVIET UNION compensation paid to certain em- listing of two Iowa-class battle- Sec. 1301. Specification of Cooperative Threat ployees. ships on the Naval Vessel Reg- Reduction Programs and funds. ister. TITLE XI—DEPARTMENT OF DEFENSE Sec. 1302. Funding allocations. Sec. 1012. Transfer of U.S.S. NEW JERSEY. CIVILIAN PERSONNEL Sec. 1303. Prohibition on use of funds for speci- Sec. 1013. Homeporting of the U.S.S. IOWA in Sec. 1101. Defense Advanced Research Projects fied purposes. San Francisco, California. Agency experimental personnel Sec. 1304. Limitation on use of funds for chemi- Sec. 1014. Sense of Congress concerning the management program for tech- cal weapons destruction activities naming of an LPD–17 vessel. nical personnel. in Russia. H8102 CONGRESSIONAL RECORD — HOUSE September 22, 1998 Sec. 1305. Limitation on use of funds for bio- Sec. 2103. Improvements to military family Subtitle B—Real Property and Facilities logical weapons proliferation pre- housing units. Administration vention activities in Russia. Sec. 2104. Authorization of appropriations, Sec. 2811. Exceptions to real property trans- Sec. 1306. Cooperative counter proliferation Army. action reporting requirements for program. Sec. 2105. Modification of authority to carry war and certain emergency and Sec. 1307. Requirement to submit summary of out fiscal year 1998 projects. other operations. amounts requested by project cat- TITLE XXII—NAVY Sec. 2812. Restoration of Department of Defense egory. Sec. 2201. Authorized Navy construction and lands used by another Federal Sec. 1308. Report on biological weapons pro- land acquisition projects. agency. grams in Russia. Sec. 2202. Family housing. Sec. 2813. Outdoor recreation development on Sec. 1309. Report on individuals with expertise Sec. 2203. Improvements to military family military installations for disabled in former Soviet weapons of mass housing units. veterans, military dependents destruction programs. Sec. 2204. Authorization of appropriations, with disabilities, and other per- TITLE XIV—DOMESTIC PREPAREDNESS Navy. sons with disabilities. FOR DEFENSE AGAINST WEAPONS OF Sec. 2205. Authorization to accept road con- Sec. 2814. Report on leasing and other alter- MASS DESTRUCTION struction project, Marine Corps native uses of non-excess military Sec. 1401. Short title. Base, Camp Lejeune, North Caro- property. Sec. 1402. Domestic preparedness for response to lina. Sec. 2815. Report on implementation of utility system conveyance authority. threats of terrorist use of weapons TITLE XXIII—AIR FORCE of mass destruction. Sec. 2301. Authorized Air Force construction Subtitle C—Defense Base Closure and Sec. 1403. Report on domestic emergency pre- and land acquisition projects. Realignment paredness. Sec. 2302. Family housing. Sec. 2821. Applicability of property disposal Sec. 1404. Threat and risk assessments. Sec. 2303. Improvements to military family laws to leases at installations to Sec. 1405. Advisory panel to assess domestic re- housing units. be closed or realigned under base sponse capabilities for terrorism Sec. 2304. Authorization of appropriations, Air closure laws. involving weapons of mass de- Force. Sec. 2822. Elimination of waiver authority re- garding prohibition against cer- struction. TITLE XXIV—DEFENSE AGENCIES TITLE XV—MATTERS RELATING TO ARMS tain conveyances of property at Sec. 2401. Authorized Defense Agencies con- Naval Station, Long Beach, Cali- CONTROL, EXPORT CONTROLS, AND struction and land acquisition COUNTERPROLIFERATION fornia. projects. Sec. 2823. Payment of stipulated penalties as- Subtitle A—Arms Control Matters Sec. 2402. Improvements to military family sessed under CERCLA in connec- Sec. 1501. One-year extension of limitation on housing units. tion with McClellan Air Force retirement or dismantlement of Sec. 2403. Energy conservation projects. Base, California. Sec. 2404. Authorization of appropriations, De- strategic nuclear delivery systems. Subtitle D—Land Conveyances Sec. 1502. Transmission of executive branch re- fense Agencies. PART I—ARMY CONVEYANCES ports providing Congress with Sec. 2405. Repeal of fiscal year 1997 authoriza- classified summaries of arms con- tion of appropriations for certain Sec. 2831. Modification of land conveyance, trol developments. military housing improvement Army Reserve Center, Youngs- Sec. 1503. Report on adequacy of emergency program. town, Ohio. communications capabilities be- Sec. 2406. Modification of authority to carry Sec. 2832. Release of interests in real property, tween United States and Russia. out certain fiscal year 1995 former Kennebec Arsenal, Au- Sec. 1504. Russian nonstrategic nuclear weap- projects. gusta, Maine. ons. Sec. 2407. Modification of authority to carry Sec. 2833. Release, waiver, or conveyance of in- out fiscal year 1990 project. terests in real property, former Subtitle B—Satellite Export Controls TITLE XXV—NORTH ATLANTIC TREATY Redstone Army Arsenal property, Sec. 1511. Sense of Congress. ORGANIZATION SECURITY INVESTMENT Alabama. Sec. 1512. Certification of exports of missile PROGRAM Sec. 2834. Conveyance of utility systems, Lone equipment or technology to Star Army Ammunition Plant, Sec. 2501. Authorized NATO construction and China. Texas. Sec. 1513. Satellite controls under the United land acquisition projects. Sec. 2835. Conveyance of water rights and re- States Munitions List. Sec. 2502. Authorization of appropriations, lated interests, Rocky Mountain Sec. 1514. National security controls on satellite NATO. Arsenal, Colorado, for purposes of export licensing. TITLE XXVI—GUARD AND RESERVE acquisition of perpetual contracts Sec. 1515. Report on export of satellites for FORCES FACILITIES for water. launch by People’s Republic of Sec. 2601. Authorized Guard and Reserve con- Sec. 2836. Land conveyance, Army Reserve Cen- China. struction and land acquisition ter, Massena, New York. Sec. 1516. Related items defined. projects. Sec. 2837. Land conveyance, Army Reserve Cen- Subtitle C—Other Export Control Matters Sec. 2602. Modification of authority to carry ter, Ogdensburg, New York. out fiscal year 1998 project. Sec. 2838. Land conveyance, Army Reserve Cen- Sec. 1521. Authority for export control activities ter, Jamestown, Ohio. of the Department of Defense. TITLE XXVII—EXPIRATION AND EXTENSION OF AUTHORIZATIONS Sec. 2839. Land conveyance, Army Reserve Cen- Sec. 1522. Release of export information by De- ter, Peoria, Illinois. partment of Commerce to other Sec. 2701. Expiration of authorizations and Sec. 2840. Land conveyance, Army Reserve Cen- agencies for purpose of national amounts required to be specified ter, Bridgton, Maine. security assessment. by law. Sec. 2841. Land conveyance, Fort Sheridan, Il- Sec. 1523. Nuclear export reporting requirement. Sec. 2702. Extension of authorizations of cer- linois. Sec. 1524. Execution of objection authority tain fiscal year 1996 projects. Sec. 2842. Land conveyance, Skaneateles, New within the Department of De- Sec. 2703. Extension of authorization of fiscal York. fense. year 1995 project. Sec. 2843. Land conveyance, Indiana Army Am- Subtitle D—Counterproliferation Matters Sec. 2704. Effective date. munition Plant, Charlestown, In- Sec. 1531. One-year extension of TITLE XXVIII—GENERAL PROVISIONS diana. counterproliferation authorities Subtitle A—Military Construction Program Sec. 2844. Land conveyance, Volunteer Army for support of United Nations and Military Family Housing Changes Ammunition Plant, Chattanooga, Special Commission on Iraq. Sec. 2801. Architectural and engineering serv- Tennessee. Sec. 1532. Sense of Congress on nuclear tests in ices and construction design. Sec. 2845. Land conveyance, Stewart Army Sub- South Asia. Sec. 2802. Expansion of Army overseas family Post, New Windsor, New York. Sec. 1533. Report on requirements for response housing lease authority. PART II—NAVY CONVEYANCES to increased missile threat in Sec. 2803. Definition of ancillary supporting fa- Sec. 2851. Conveyance of easement, Marine Asia-Pacific region. cilities under alternative author- Corps Base, Camp Pendleton, DIVISION B—MILITARY CONSTRUCTION ity for acquisition and improve- California. AUTHORIZATIONS ment of military housing. Sec. 2852. Land exchange, Naval Reserve Read- Sec. 2804. Purchase of build-to-lease family iness Center, Portland, Maine. Sec. 2001. Short title. housing at Eielson Air Force Sec. 2853. Land conveyance, Naval and Marine TITLE XXI—ARMY Base, Alaska. Corps Reserve facility, Youngs- Sec. 2101. Authorized Army construction and Sec. 2805. Report relating to improvement of town, Ohio. land acquisition projects. housing for unaccompanied mem- Sec. 2854. Land conveyance, Naval Air Reserve Sec. 2102. Family housing. bers. Center, Minneapolis, Minnesota. September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8103

PART III—AIR FORCE CONVEYANCES Sec. 3132. Support of ballistic missile defense TITLE XXXIV—NAVAL PETROLEUM Sec. 2861. Modification of land conveyance, activities of the Department of RESERVES Eglin Air Force Base, Florida. Defense. Sec. 3401. Definitions. Sec. 2862. Modification of land conveyance, Sec. 3133. Nonproliferation activities. Sec. 3402. Authorization of appropriations. Finley Air Force Station, North Sec. 3134. Licensing of certain mixed oxide fuel Sec. 3403. Disposal of Naval Petroleum Reserve Dakota. fabrication and irradiation facili- Numbered 2. Sec. 2863. Land conveyance, Lake Charles Air ties. Sec. 3404. Disposal of Naval Petroleum Reserve Force Station, Louisiana. Sec. 3135. Continuation of processing, treat- Numbered 3. Sec. 2864. Land conveyance, Air Force Housing ment, and disposition of legacy Sec. 3405. Disposal of Oil Shale Reserve Num- Facility, La Junta, Colorado. nuclear materials. bered 2. Subtitle E—Other Matters Sec. 3136. Authority for Department of Energy Sec. 3406. Administration. federally funded research and de- Sec. 2871. Modification of authority relating to TITLE XXXV—PANAMA CANAL velopment centers to participate Department of Defense Labora- COMMISSION in merit-based technology re- tory Revitalization Demonstration Sec. 3501. Short title; references to Panama search and development pro- Program. Canal Act of 1979. Sec. 2872. Repeal of prohibition on joint use of grams. Sec. 3137. Activities of Department of Energy Sec. 3502. Authorization of expenditures. Gray Army Airfield, Fort Hood, Sec. 3503. Purchase of vehicles. facilities. Sec. 3504. Expenditures only in accordance Texas, with civil aviation. Sec. 3138. Hanford overhead and service center Sec. 2873. Modification of demonstration project with treaties. costs. Sec. 3505. Donations to the Commission. for purchase of fire, security, po- Sec. 3139. Hanford waste tank cleanup program Sec. 3506. Agreements for United States to pro- lice, public works, and utility reforms. vide post-transfer administrative services from local government Sec. 3140. Hanford Health Information Net- services for certain employee bene- agencies. work. Sec. 2874. Designation of building containing Sec. 3141. Hazardous materials management fits. Sec. 3507. Sunset of United States overseas ben- Navy and Marine Corps Reserve and emergency response training efits just before transfer. Center, Augusta, Georgia. program. TITLE XXIX—JUNIPER BUTTE RANGE Sec. 3142. Support for public education in the Sec. 3508. Central examining office. Sec. 3509. Liability for vessel accidents. WITHDRAWAL vicinity of Los Alamos National Sec. 3510. Panama Canal Board of Contract Laboratory, New Mexico. Sec. 2901. Short title. Appeals. Sec. 3143. Relocation of National Atomic Mu- Sec. 2902. Withdrawal and reservation. Sec. 3511. Restatement of requirement that Sec- Sec. 2903. Map and legal description. seum, Albuquerque, New Mexico. retary of Defense designee on Sec. 2904. Agency agreement. Sec. 3144. Tritium production. Panama Canal Commission super- Sec. 2905. Right-of-way grants. Subtitle D—Other Matters Sec. 2906. Indian sacred sites. visory board be a current officer Sec. 2907. Actions concerning ranching oper- Sec. 3151. Study and plan relating to worker of the Department of Defense. ations in withdrawn area. and community transition assist- Sec. 3512. Technical amendments. Sec. 2908. Management of withdrawn and re- ance. TITLE XXXVI—MARITIME served lands. Sec. 3152. Extension of authority for appoint- ADMINISTRATION ment of certain scientific, engi- Sec. 2909. Integrated natural resource manage- Sec. 3601. Authorization of appropriations for ment plan. neering, and technical personnel. Sec. 3153. Requirement for plan to modify em- fiscal year 1999. Sec. 2910. Memorandum of understanding. Sec. 3602. Authority to convey National Defense Sec. 2911. Maintenance of roads. ployment system used by Depart- Reserve Fleet vessel. Sec. 2912. Management of withdrawn and ac- ment of Energy in defense envi- Sec. 3603. Authority to convey certain National quired mineral resources. ronmental management programs. Sec. 2913. Hunting, fishing, and trapping. Sec. 3154. Department of Energy nuclear mate- Defense Reserve Fleet vessels. Sec. 3604. Clearinghouse for maritime informa- Sec. 2914. Water rights. rials couriers. Sec. 2915. Duration of withdrawal. Sec. 3155. Increase in maximum rate of pay for tion. Sec. 3605. Conveyance of NDRF vessel ex-USS Sec. 2916. Environmental remediation of relin- scientific, engineering, and tech- LORAIN COUNTY. quished withdrawn lands or upon nical personnel responsible for termination of withdrawal. safety at defense nuclear facili- TITLE XXXVII—INCREASED MONITORING Sec. 2917. Delegation of authority. ties. OF PRODUCTS MADE WITH FORCED Sec. 2918. Hold harmless. Sec. 3156. Extension of authority of Department LABOR Sec. 2919. Authorization of appropriations. of Energy to pay voluntary sepa- Sec. 3701. Authorization for additional customs DIVISION C—DEPARTMENT OF ENERGY ration incentive payments. personnel to monitor the importa- NATIONAL SECURITY AUTHORIZATIONS Sec. 3157. Repeal of fiscal year 1998 statement tion of products made with forced AND OTHER AUTHORIZATIONS of policy on stockpile stewardship labor. TITLE XXXI—DEPARTMENT OF ENERGY program. Sec. 3702. Reporting requirement on forced NATIONAL SECURITY PROGRAMS Sec. 3158. Report on stockpile stewardship cri- labor products destined for the Subtitle A—National Security Programs teria. United States market. Authorizations Sec. 3159. Panel to assess the reliability, safety, Sec. 3703. Renegotiating memoranda of under- and security of the United States standing on forced labor. Sec. 3101. Weapons activities. Sec. 3102. Defense environmental restoration nuclear stockpile. TITLE XXXVIII—FAIR TRADE IN Sec. 3160. International cooperative information and waste management. AUTOMOTIVE PARTS exchange. Sec. 3103. Other defense activities. Sec. 3801. Short title. Sec. 3161. Protection against inadvertent re- Sec. 3104. Defense nuclear waste disposal. Sec. 3802. Definitions. Sec. 3105. Defense environmental management lease of restricted data and for- Sec. 3803. Re-establishment of initiative on privatization. merly restricted data. automotive parts sales to Japan. Sec. 3162. Sense of Congress regarding treat- Sec. 3804. Establishment of Special Advisory Subtitle B—Recurring General Provisions ment of Formerly Utilized Sites Sec. 3121. Reprogramming. Committee on automotive parts Remedial Action Program under a sales in Japanese and other Asian Sec. 3122. Limits on general plant projects. nondefense discretionary budget Sec. 3123. Limits on construction projects. markets. function. Sec. 3805. Expiration date. Sec. 3124. Fund transfer authority. Sec. 3163. Reports relating to tritium produc- Sec. 3125. Authority for conceptual and con- tion. TITLE XXXIX—RADIO FREE ASIA struction design. Sec. 3901. Short title. TITLE XXXII—DEFENSE NUCLEAR Sec. 3126. Authority for emergency planning, Sec. 3902. Authorization of appropriations for FACILITIES SAFETY BOARD design, and construction activi- increased funding for Radio Free ties. Sec. 3201. Authorization. Asia and Voice of America broad- Sec. 3127. Funds available for all national secu- TITLE XXXIII—NATIONAL DEFENSE casting to China. rity programs of the Department STOCKPILE Sec. 3903. Reporting requirement. of Energy. Sec. 3301. Definitions. SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES Sec. 3128. Availability of funds. Sec. 3302. Authorized uses of stockpile funds. DEFINED. Sec. 3129. Transfers of defense environmental Sec. 3303. Authority to dispose of certain mate- For purposes of this Act, the term ‘‘congres- management funds. rials in National Defense Stock- sional defense committees’’ means— Subtitle C—Program Authorizations, pile. (1) the Committee on Armed Services and the Restrictions, and Limitations Sec. 3304. Use of stockpile funds for certain en- Committee on Appropriations of the Senate; and Sec. 3131. Permanent extension of funding pro- vironmental remediation, restora- (2) the Committee on National Security and hibition relating to international tion, waste management, and the Committee on Appropriations of the House cooperative stockpile stewardship. compliance activities. of Representatives. H8104 CONGRESSIONAL RECORD — HOUSE September 22, 1998 DIVISION A—DEPARTMENT OF DEFENSE SEC. 105. RESERVE COMPONENTS. tegration Program, of which no more than AUTHORIZATIONS Funds are hereby authorized to be appro- $11,400,000 may be obligated before the end of TITLE I—PROCUREMENT priated for fiscal year 1999 for procurement of the 30-day period beginning on the date on Subtitle A—Authorization of Appropriations aircraft, vehicles, communications equipment, which the Secretary of the Army submits the re- and other equipment for the reserve components port required under subsection (b); and Sec. 101. Army. of the Armed Forces as follows: (2) $6,000,000 shall be obligated to develop a Sec. 102. Navy and Marine Corps. (1) For the Army National Guard, $10,000,000. Sec. 103. Air Force. M1A2 risk reduction program. Sec. 104. Defense-wide activities. (2) For the Air National Guard, $10,000,000. (b) REPORT.—(1) Not later than January 31, Sec. 105. Reserve components. (3) For the Army Reserve, $10,000,000. 1999, the Secretary of the Army shall submit to Sec. 106. Defense Inspector General. (4) For the Naval Reserve, $10,000,000. the congressional defense committees a report on Sec. 107. Chemical demilitarization program. (5) For the Air Force Reserve, $10,000,000. Army armored system modernization programs. Sec. 108. Defense health programs. (6) For the Marine Corps Reserve, $10,000,000. The report shall include— Sec. 109. Defense Export Loan Guarantee pro- SEC. 106. DEFENSE INSPECTOR GENERAL. (A) an assessment of the current acquisition gram. Funds are hereby authorized to be appro- and fielding strategy of the Army for the M1 Subtitle B—Army Programs priated for fiscal year 1999 for procurement for Abrams Tank and M2A3 Bradley Fighting Vehi- cle; and Sec. 111. Multiyear procurement authority for the Inspector General of the Department of De- (B) a description and assessment of alter- Longbow Hellfire Missile program. fense in the amount of $1,300,000. natives to that strategy, including an assess- Sec. 112. Conditions for award of a second- SEC. 107. CHEMICAL DEMILITARIZATION PRO- ment of an alternative fielding strategy that source procurement contract for GRAM. provides for placing all of the armored vehicles the Family of Medium Tactical There is hereby authorized to be appropriated configured in the latest variant into one heavy Vehicles. for fiscal year 1999 the amount of $803,000,000 Sec. 113. Armored system modernization. for— corps. Sec. 114. Reactive armor tiles. (1) the destruction of lethal chemical agents (2) The assessment of each alternative acquisi- Sec. 115. Extension of authority to carry out and munitions in accordance with section 1412 tion and fielding strategy under paragraph Armament Retooling and Manu- of the Department of Defense Authorization (1)(B) shall include the following: facturing Support Initiative. Act, 1986 (50 U.S.C. 1521); and (A) The relative effects of that strategy on warfighting capabilities in terms of operational Subtitle C—Navy Programs (2) the destruction of chemical warfare mate- riel of the United States that is not covered by effectiveness and training and support effi- Sec. 121. CVN–77 nuclear aircraft carrier pro- ciencies, taking into consideration the joint gram. section 1412 of such Act. SEC. 108. DEFENSE HEALTH PROGRAMS. warfighting context. Sec. 122. Increase in amount authorized to be (B) How that strategy would facilitate the Funds are hereby authorized to be appro- excluded from cost limitation for transition to the Future Scout and Cavalry Sys- priated for fiscal year 1999 for the Department Seawolf submarine program. tem, the Future Combat System, or other ar- of Defense for procurement for carrying out Sec. 123. Multiyear procurement authority for mored systems for the future force structure health care programs, projects, and activities of the Department of the Navy. known as the Army After Next. Sec. 124. Annual GAO review of F/A–18E/F air- the Department of Defense in the total amount (C) How that strategy fits into the context of craft program. of $402,387,000. overall armored system modernization through Subtitle D—Air Force Programs SEC. 109. DEFENSE EXPORT LOAN GUARANTEE 2020. Sec. 131. F–22 aircraft program. PROGRAM. (D) Budgetary implications. Sec. 132. C–130J aircraft program. Funds are hereby authorized to be appro- (E) Implications for the national technology priated for fiscal year 1999 for the Department Subtitle E—Other Matters and industrial base. of Defense for carrying out the Defense Export Sec. 141. Chemical stockpile emergency pre- (F) Innovative techniques and alternatives for Loan Guarantee Program under section 2540 of maintaining M1A2 System Enhancement Pro- paredness program. title 10, United States Code, in the total amount Sec. 142. Alternative technologies for destruc- gram production. of $1,250,000. tion of assembled chemical weap- (3) The Secretary shall include in the report a ons. Subtitle B—Army Programs draft of any legislation that may be required to execute a given alternative for M1A2 System En- Subtitle A—Authorization of Appropriations SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR LONGBOW HELLFIRE MISSILE hancement Program production. SEC. 101. ARMY. PROGRAM. (c) GAO EVALUATION.—The Comptroller Gen- Funds are hereby authorized to be appro- Beginning with the fiscal year 1999 program eral shall review the report of the Secretary of priated for fiscal year 1999 for procurement for year, the Secretary of the Army may, in accord- the Army under subsection (b) and, not later the Army as follows: ance with section 2306b of title 10, United States than 30 days after the date on which that report (1) For aircraft, $1,396,047,000. Code, enter into a multiyear procurement con- is submitted to the congressional defense com- (2) For missiles, $1,228,229,000. tract for procurement of the AGM–114 Longbow mittees, shall submit to those committees a re- (3) For weapons and tracked combat vehicles, Hellfire missile. port providing the Comptroller General’s views $1,507,551,000. on the conclusions of the Secretary of the Army (4) For ammunition, $1,016,255,000. SEC. 112. CONDITIONS FOR AWARD OF A SECOND- (5) For other procurement, $3,344,932,000. SOURCE PROCUREMENT CONTRACT set forth in that report. FOR THE FAMILY OF MEDIUM TAC- SEC. 102. NAVY AND MARINE CORPS. SEC. 114. REACTIVE ARMOR TILES. TICAL VEHICLES. (a) LIMITATION.—None of the funds author- (a) NAVY.—Funds are hereby authorized to be The Secretary of the Army may award a sec- appropriated for fiscal year 1999 for procure- ized to be appropriated under section 101(3) or ond-source procurement contract for the produc- 102(b) may be obligated for the procurement of ment for the Navy as follows: tion of the Family of Medium Tactical Vehicles (1) For aircraft, $7,642,200,000. reactive armor tiles until 30 days after the date only after the Secretary certifies in writing to (2) For weapons, including missiles and tor- on which the Secretary of Defense submits to the congressional defense committees— pedoes, $1,223,903,000. the congressional defense committees the matters (3) For shipbuilding and conversion, (1) that the total quantity of vehicles within specified in subsection (d). $6,033,480,000. the Family of Medium Tactical Vehicles pro- (b) EXCEPTION.—The limitation in subsection (4) For other procurement, $4,042,975,000. gram that the Secretary will require to be deliv- (a) does not apply to the obligation of any funds (b) MARINE CORPS.—Funds are hereby author- ered (under all contracts) in any 12-month pe- for the procurement of armor tiles for an ar- ized to be appropriated for fiscal year 1999 for riod will be sufficient to enable the prime con- mored vehicle for which the Secretary of the procurement for the Marine Corps in the tractor to maintain a minimum economic pro- Army or, in the case of the Marine Corps, the amount of $881,896,000. duction level; Secretary of the Navy, had established a re- (c) NAVY AND MARINE CORPS AMMUNITION.— (2) that the total cost to the Army of the pro- quirement for such tiles before the date of the Funds are hereby authorized to be appropriated curements under the prime and second-source enactment of this Act. for procurement of ammunition for the Navy contracts over the period of those contracts will (c) STUDY REQUIRED.—(1) The Secretary of and the Marine Corps in the amount of be the same as or lower than the amount that Defense shall contract with an entity independ- $463,339,000. would be the total cost of the procurements if ent of the Department of Defense to conduct a SEC. 103. AIR FORCE. only one such contract were awarded; and study of the operational requirements of the Funds are hereby authorized to be appro- (3) that the vehicles to be produced under Army and the Marine Corps for reactive armor priated for fiscal year 1999 for procurement for those contracts will be produced with common tiles for armored vehicles and to submit to the the Air Force as follows: components that will be interchangeable among Secretary a report on the results of the study. (1) For aircraft, $8,350,617,000. similarly configured models. (2) The study shall include the following: (2) For missiles, $2,210,640,000. SEC. 113. ARMORED SYSTEM MODERNIZATION. (A) A detailed assessment of the operational (3) For ammunition, $383,161,000. (a) FUNDING.—Of the funds appropriated pur- requirements of the Army and the Marine Corps (4) For other procurement, $6,950,372,000. suant to the authorization of appropriations in for reactive armor tiles for each of the armored SEC. 104. DEFENSE-WIDE ACTIVITIES. section 101(3) for M1 Abrams Tank Modifica- vehicles presently in use, including the require- Funds are hereby authorized to be appro- tions— ments for each vehicle in its existing configura- priated for fiscal year 1999 for Defense-wide pro- (1) $14,300,000 shall be obligated for procure- tions and in configurations proposed for the ve- curement in the amount of $1,954,828,000. ments associated with the M1A1D Applique´ In- hicle. September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8105 (B) For each armored vehicle, an analysis of and evaluation under the program are meeting certification of the completion of that flight test- the costs and benefits of the procurement and the goals established for engineering and manu- ing. installation of the tiles, including a comparison facturing development and operational test and SEC. 132. C–130J AIRCRAFT PROGRAM. of those costs and benefits with the costs and evaluation under the program, including the Not later than March 1, 1999, the Secretary of benefits of any existing upgrade program for the performance, cost, and schedule goals. Defense shall review the C–130J aircraft pro- armored vehicle. (2) The status of modifications expected to gram and submit a report on the program to the (3) The entity carrying out the study shall re- have a significant effect on the cost or perform- congressional defense committees. The report quest the views of the Secretary of the Army ance of the F/A–18E/F aircraft. shall include at least the following: and the Secretary of the Navy. (c) DURATION OF REQUIREMENT.—No report is (1) A discussion of the testing planned and (d) SUBMISSION TO CONGRESSIONAL COMMIT- required under this section after the full-rate the testing conducted under the program, in- TEES.—Not later than April 1, 1999, the Sec- production contract is awarded under the pro- cluding— retary of Defense shall submit to the congres- gram. (A) the testing schedule intended at the begin- sional defense committees— (d) REQUIREMENT TO SUPPORT ANNUAL GAO ning of the program; (1) the report on the study submitted to the REVIEW.—The Secretary of Defense and the (B) the testing schedule as of when the testing Secretary by the entity carrying out the study; prime contractors under the F/A–18E/F program commenced; and (2) the comments of the Secretary of the Army shall timely provide the Comptroller General (C) an explanation of the time taken for the and the Secretary of the Navy on the study; and with such information on the program, includ- testing. (3) for each vehicle for which there is a re- ing information on program performance, as the (2) The cost and schedule of the program, in- quirement for reactive armor tiles, as indicated Comptroller General considers necessary to cluding— (A) whether the Department has exercised or by the results of the study, the Secretary’s rec- carry out this section. ommendations as to the number of vehicles to be plans to exercise contract options for fiscal Subtitle D—Air Force Programs equipped with such tiles. years 1996, 1997, 1998, and 1999; SEC. 131. F–22 AIRCRAFT PROGRAM. (B) when the Department expects the aircraft SEC. 115. EXTENSION OF AUTHORITY TO CARRY OUT ARMAMENT RETOOLING AND (a) LIMITATION ON ADVANCE PROCUREMENT.— to be delivered and how the delivery dates com- MANUFACTURING SUPPORT INITIA- (1) Amounts available for the Department of De- pare to the delivery dates specified in the con- TIVE. fense for any fiscal year for the F–22 aircraft tract; Section 193(a) of the Armament Retooling and program may not be obligated for advance pro- (C) whether the Department expects to make Manufacturing Support Act of 1992 (subtitle H curement for the six Lot II F–22 aircraft before any modification to the negotiated contract of title I of Public Law 102–484; 10 U.S.C. 2501 the applicable date under paragraph (2) or (3). price for these aircraft, and the amount and note) is amended by striking out ‘‘During fiscal (2) The applicable date for the purposes of basis for any such modification; and years 1993 through 1998’’ and inserting in lieu paragraph (1) is the date on which the Sec- (D) whether the Department expects the re- thereof ‘‘During fiscal years 1993 through 1999’’. retary of Defense submits a certification under ported delays and overruns in the development of the aircraft to have any other impact on the Subtitle C—Navy Programs subsection (b)(1) unless the Secretary submits a report under subsection (b)(2). cost, schedule, or performance of the aircraft. SEC. 121. CVN–77 NUCLEAR AIRCRAFT CARRIER Subtitle E—Other Matters PROGRAM. (3) If the Secretary submits a report under Of the amount authorized to be appropriated subsection (b)(2), the applicable date for the SEC. 141. CHEMICAL STOCKPILE EMERGENCY under section 102(a)(3) for fiscal year 1999, purposes of paragraph (1) is the later of— PREPAREDNESS PROGRAM. (A) the date on which the Secretary of De- (a) ASSISTANCE TO STATE AND LOCAL GOVERN- $124,500,000 is available for the advance pro- fense submits the report; or MENTS.—Section 1412 of the Department of De- curement and advance construction of compo- (B) the date on which the Director of Oper- fense Authorization Act, 1986 (Public Law 99– nents (including nuclear components) for the ational Test and Evaluation submits the certifi- 145; 50 U.S.C. 1521), is amended by adding at the CVN–77 nuclear aircraft carrier program. cation required under subsection (c). end of subsection (c) the following: SEC. 122. INCREASE IN AMOUNT AUTHORIZED TO (b) CERTIFICATION BY SECRETARY OF DE- ‘‘(4)(A) In coordination with the Secretary of BE EXCLUDED FROM COST LIMITA- the Army and in accordance with agreements TION FOR SEAWOLF SUBMARINE FENSE.—(1) Upon the completion of 433 hours of PROGRAM. flight testing of F–22 flight test vehicles, the Sec- between the Secretary of the Army and the Di- Section 123(a) of the National Defense Au- retary of Defense shall submit to the congres- rector of the Federal Emergency Management thorization Act for Fiscal Year 1998 (Public Law sional defense committees a certification of the Agency, the Director shall carry out a program 105–85; 111 Stat. 1650) is amended by striking out completion of that amount of flight testing. A to provide assistance to State and local govern- ‘‘$272,400,000’’ and inserting in lieu thereof certification is not required under this para- ments in developing capabilities to respond to ‘‘$557,600,000’’. graph if the Secretary submits a report under emergencies involving risks to the public health or safety within their jurisdictions that are SEC. 123. MULTIYEAR PROCUREMENT AUTHORITY paragraph (2). FOR THE DEPARTMENT OF THE (2) If the Secretary determines that a number identified by the Secretary as being risks result- NAVY. of hours of flight testing of F–22 flight test vehi- ing from— (a) AUTHORITY FOR SPECIFIED NAVY AIRCRAFT cles less than 433 hours provides the Defense Ac- ‘‘(i) the storage of lethal chemical agents and PROGRAMS.—Beginning with the fiscal year 1999 quisition Board with a sufficient basis for decid- munitions referred to in subsection (a) at mili- program year, the Secretary of the Navy may, in ing to proceed into production of Lot II F–22 tary installations in the continental United accordance with section 2306b of title 10, United aircraft, the Secretary may submit a report to States; or States Code, enter into a multiyear procurement the congressional defense committees upon the ‘‘(ii) the destruction of such agents and muni- contract for procurement for the following pro- completion of that lesser number of hours of tions at facilities referred to in paragraph grams: flight testing. A report under this paragraph (1)(B). (1) The AV–8B aircraft program. shall contain the following: ‘‘(B) No assistance may be provided under this (2) The T–45TS aircraft program. (A) A certification of the number of hours of paragraph after the completion of the destruc- (3) The E–2C aircraft program. flight testing completed. tion of the United States’ stockpile of lethal (b) AUTHORITY FOR MARINE CORPS MEDIUM (B) The reasons for the Secretary’s determina- chemical agents and munitions. ‘‘(C) Not later than December 15 of each year, TACTICAL VEHICLE REPLACEMENT.—Beginning tion that the lesser number of hours is a suffi- with the fiscal year 1999 program year, the Sec- cient basis for a decision by the board. the Director shall transmit a report to Congress retary of the Navy may, in accordance with sec- (C) A discussion of the extent to which the on the activities carried out under this para- tion 2306b of title 10, United States Code, enter Secretary’s determination is consistent with graph during the fiscal year preceding the fiscal into a multiyear procurement contract to pro- each decision made by the Defense Acquisition year in which the report is submitted.’’. (b) PROGRAM FUNDING.—Section 1412(f) of cure the Marine Corps Medium Tactical Vehicle Board since January 1997 in the case of a major such Act (51 U.S.C. 1521(f)) is amended— Replacement. aircraft acquisition program that the amount of (1) by striking out ‘‘IDENTIFICATION OF flight testing completed for the program was suf- SEC. 124. ANNUAL GAO REVIEW OF F/A–18E/F AIR- FUNDS.—Funds’’ and inserting in lieu thereof CRAFT PROGRAM. ficient or not sufficient to justify a decision to ‘‘IDENTIFICATION OF FUNDS.—(1) Funds’’; and (a) REVIEW AND REPORT REQUIRED.—Not later proceed into low-rate initial production. (2) by adding at the end the following new than June 15 of each year, the Comptroller Gen- (D) A determination by the Secretary that it is paragraph: eral shall review the F/A–18E/F aircraft program more financially advantageous for the Depart- ‘‘(2) Amounts appropriated to the Secretary and submit to Congress a report on the results ment to proceed into production of Lot II F–22 for the purpose of carrying out subsection (c)(4) of the review. The Comptroller General shall aircraft than to delay production until comple- shall be promptly made available to the Director submit to Congress with each such report a cer- tion of 433 hours of flight testing, together with of the Federal Emergency Management Agen- tification as to whether the Comptroller General the reasons for that determination. cy.’’. has had access to sufficient information to make (c) CERTIFICATION BY THE DIRECTOR OF OPER- (c) PERIODIC REPORTS.—Section 1412(g) of informed judgments on the matters covered by ATIONAL TEST AND EVALUATION.—Upon the com- such Act (50 U.S.C. 1521(g)) is amended— the report. pletion of 183 hours of the flight testing of F–22 (1) in paragraph (2)(B)— (b) CONTENT OF REPORT.—The report submit- flight test vehicles provided for in the test and (A) by striking out ‘‘and’’ at the end of clause ted on the program each year shall include the evaluation master plan for the F–22 aircraft pro- (v); following: gram, as in effect on October 1, 1997, the Direc- (B) by striking out the period at the end of (1) The extent to which engineering and man- tor of Operational Test and Evaluation shall clause (vi) and inserting in lieu thereof ‘‘; and’’; ufacturing development and operational test submit to the congressional defense committees a and H8106 CONGRESSIONAL RECORD — HOUSE September 22, 1998 (C) by adding at the end the following new (A) certifies in writing to Congress is— Sec. 213. Manufacturing technology program. clause: (i) as safe and cost effective for disposing of Sec. 214. Sense of Congress on the Defense ‘‘(vii) grants to State and local governments to assembled chemical munitions as is incineration Science and Technology Program. assist those governments in carrying out func- of such munitions; and Sec. 215. Next Generation Internet Program. tions relating to emergency preparedness and re- (ii) is capable of completing the destruction of Sec. 216. Crusader self-propelled artillery sys- sponse in accordance with subsection (c)(3).’’; such munitions on or before the later of the date tem program. (2) by redesignating subparagraph (B) (as by which the destruction of the munitions Sec. 217. Airborne Laser Program. amended by paragraph (1)) and subparagraph would be completed if incineration were used or Sec. 218. Enhanced Global Positioning System (C) of paragraph (2) as subparagraphs (C) and the deadline date for completing the destruction program. (D), respectively; and of the munitions under the Chemical Weapons Subtitle C—Ballistic Missile Defense (3) by inserting after paragraph (2)(A) the fol- Convention; and lowing new subparagraph (B): (B) determines as satisfying the Federal and Sec. 231. Sense of Congress on National Missile ‘‘(B) A site-by-site description of actions taken State environmental and safety laws that are Defense coverage. to assist State and local governments (either di- applicable to the use of the technology and to Sec. 232. Limitation on funding for the Medium rectly or through the Federal Emergency Man- the design, construction, and operation of a Extended Air Defense System. agement Agency) in carrying out functions re- pilot facility for use of the technology. Sec. 233. Limitation on funding for Cooperative lating to emergency preparedness and response (3) The Under Secretary shall consult with the Ballistic Missile Defense pro- in accordance with subsection (c)(3).’’. National Research Council in making deter- grams. Sec. 234. Sense of Congress with respect to Bal- SEC. 142. ALTERNATIVE TECHNOLOGIES FOR DE- minations and certifications for the purpose of STRUCTION OF ASSEMBLED CHEMI- paragraph (2). listic Missile Defense cooperation CAL WEAPONS. (4) In this subsection, the term ‘‘Chemical with Russia. (a) PROGRAM MANAGEMENT.—The program Weapons Convention’’ means the Convention on Sec. 235. Ballistic Missile Defense program ele- manager for the Assembled Chemical Weapons the Prohibition of Development, Production, ments. Assessment shall continue to manage the devel- Stockpiling and Use of Chemical Weapons and Sec. 236. Restructuring of acquisition strategy opment and testing (including demonstration on their Destruction, opened for signature on for Theater High-Altitude Area and pilot-scale testing) of technologies for the January 13, 1993, together with related annexes Defense (THAAD) system. destruction of lethal chemical munitions that and associated documents. Subtitle D—Other Matters are potential or demonstrated alternatives to the (e) PLAN FOR PILOT PROGRAM.—If the Sec- Sec. 241. Extension of authority to carry out baseline incineration program. In performing retary of Defense proceeds with a pilot program certain prototype projects. such management, the program manager shall under section 152(f) of the National Defense Au- Sec. 242. NATO alliance ground surveillance act independently of the program manager for thorization Act for Fiscal Year 1996 (Public Law concept definition. Chemical Demilitarization and shall report to 104–106; 110 Stat. 214; 50 U.S.C. 1521(f)), the Sec- Sec. 243. NATO common-funded Civil Budget. the Under Secretary of Defense for Acquisition retary shall prepare a plan for the pilot program Sec. 244. Executive agent for cooperative re- and Technology. and shall submit to Congress a report on such search program of the Department (b) POST-DEMONSTRATION ACTIVITIES.—(1) plan (including information on the cost of, and of Defense and the Department of The program manager for the Assembled Chemi- schedule for, implementing the pilot program). Veterans Affairs. cal Weapons Assessment may carry out those (f) FUNDING.—(1) Of the amount authorized to Sec. 245. Review of pharmacological interven- activities necessary to ensure that an alter- be appropriated under section 107, funds shall tions for reversing brain injury. native technology for the destruction of lethal be available for the program manager for the Sec. 246. Pilot program for revitalizing the lab- chemical munitions can be implemented imme- Assembled Chemical Weapons Assessment for oratories and test and evaluation diately after— the following: centers of the Department of De- (A) the technology has been demonstrated to (A) Demonstrations of alternative technologies fense. be successful; and under the Assembled Chemical Weapons Assess- Sec. 247. Chemical warfare defense. (B) the Under Secretary of Defense for Acqui- ment. Sec. 248. Landmine alternatives. sition and Technology has submitted a report on (B) Planning and preparation to proceed from the demonstration to Congress that includes a demonstration of an alternative technology im- Subtitle A—Authorization of Appropriations decision to proceed with the pilot-scale facility mediately into the development of a pilot-scale SEC. 201. AUTHORIZATION OF APPROPRIATIONS. phase for an alternative technology. facility for the technology, including planning Funds are hereby authorized to be appro- (2) To prepare for the immediate implementa- and preparation for— priated for fiscal year 1999 for the use of the De- tion of any such technology, the program man- (i) continued development of the technology partment of Defense for research, development, ager may, during fiscal years 1998 and 1999, leading to deployment of the technology for use; test, and evaluation as follows: take the following actions: (ii) satisfaction of requirements for environ- (1) For the Army, $4,657,012,000. (A) Establish program requirements. mental permits; (2) For the Navy, $8,305,011,000. (B) Prepare procurement documentation. (iii) demonstration, testing, and evaluation; (3) For the Air Force, $13,918,728,000. (C) Develop environmental documentation. (iv) initiation of actions to design a pilot (4) For Defense-wide activities, $9,127,187,000, (D) Identify and prepare to meet public out- plant; of which— reach and public participation requirements. (v) provision of support at the field office or (A) $249,106,000 is authorized for the activities (E) Prepare to award a contract for the de- depot level for deployment of the technology for of the Director, Test and Evaluation; and sign, construction, and operation of a pilot fa- use; and (B) $29,245,000 is authorized for the Director cility for the technology to the provider team for (vi) educational outreach to the public to en- of Operational Test and Evaluation. the technology not later than December 30, 1999. gender support for the deployment. SEC. 202. AMOUNT FOR BASIC AND APPLIED RE- (c) INDEPENDENT EVALUATION.—The Under (C) The independent evaluation of cost and SEARCH. Secretary of Defense for Acquisition and Tech- schedule required under subsection (c). (a) FISCAL YEAR 1999.—Of the amounts au- (2) Funds authorized to be appropriated under nology shall provide for an independent evalua- thorized to be appropriated by section 201, section 107(1) are authorized to be used for tion of the cost and schedule of the Assembled $4,179,905,000 shall be available for basic re- awarding contracts in accordance with sub- Chemical Weapons Assessment, which shall be search and applied research projects. performed and submitted to the Under Secretary section (d) and for taking any other action au- (b) BASIC RESEARCH AND APPLIED RESEARCH not later than September 30, 1999. The evalua- thorized in this section. DEFINED.—For purposes of this section, the term (f) ASSEMBLED CHEMICAL WEAPONS ASSESS- tion shall be performed by a nongovernmental ‘‘basic research and applied research’’ means MENT DEFINED.—In this section, the term ‘‘As- organization qualified to make such an evalua- work funded in program elements for defense re- sembled Chemical Weapons Assessment’’ means tion. search and development under Department of (d) PILOT FACILITIES CONTRACTS.—(1) The the pilot program carried out under section 8065 Defense category 6.1 or 6.2. Under Secretary of Defense for Acquisition and of the Department of Defense Appropriations Technology shall determine whether to proceed Act, 1997 (section 101(b) of Public Law 104–208; Subtitle B—Program Requirements, with pilot-scale testing of a technology referred 110 Stat. 3009–101; 50 U.S.C. 1521 note). Restrictions, and Limitations to in paragraph (2) in time to award a contract TITLE II—RESEARCH, DEVELOPMENT, SEC. 211. MANAGEMENT RESPONSIBILITY FOR for the design, construction, and operation of a TEST, AND EVALUATION NAVY MINE COUNTERMEASURES pilot facility for the technology to the provider PROGRAMS. Subtitle A—Authorization of Appropriations team for the technology not later than December Section 216(a) of the National Defense Au- 30, 1999. If the Under Secretary determines to Sec. 201. Authorization of appropriations. thorization Act for Fiscal Years 1992 and 1993 proceed with such testing, the Under Secretary Sec. 202. Amount for basic and applied re- (Public Law 102–190; 105 Stat. 1317, as amended) shall (exercising the acquisition authority of the search. is amended by striking out ‘‘through 1999’’ and Secretary of Defense) so award a contract not Subtitle B—Program Requirements, inserting in lieu thereof ‘‘through 2003’’. later than such date. Restrictions, and Limitations SEC. 212. FUTURE AIRCRAFT CARRIER TRANSI- (2) Paragraph (1) applies to an alternative Sec. 211. Management responsibility for Navy TION TECHNOLOGIES. technology for the destruction of lethal chemical mine countermeasures programs. Of the funds authorized to be appropriated munitions, other than incineration, that the Sec. 212. Future aircraft carrier transition tech- under section 201(2) for Carrier System Develop- Under Secretary— nologies. ment (program element 0603512N), $50,000,000 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8107 shall be available only for research, develop- objective of the Secretary of Defense to increase logical challenges faced in the areas of air, ment, test, evaluation, and incorporation into the budget for the Defense Science and Tech- space, and information technology. the CVN–77 nuclear aircraft carrier program of nology Program for the fiscal year over the (c) STUDY.— technologies designed to transition to, dem- budget for that program for the preceding fiscal (1) REQUIREMENT.—The Secretary of Defense, onstrate enhanced capabilities for, or mitigate year by a percent that is at least two percent in cooperation with the National Research cost and technical risks of, the CV(X) aircraft above the rate of inflation as determined by the Council of the National Academy of Sciences, carrier program. Office of Management and Budget. shall conduct a study on the technology base of SEC. 213. MANUFACTURING TECHNOLOGY PRO- (b) GUIDELINES FOR THE DEFENSE SCIENCE AND the Department of Defense. GRAM. TECHNOLOGY PROGRAM.— (2) MATTERS COVERED.—The study shall— (a) REQUIREMENTS RELATING TO COMPETI- (1) RELATIONSHIP OF DEFENSE SCIENCE AND (A) result in recommendations on the mini- TION.—Subsection (d)(1) of section 2525 of title TECHNOLOGY PROGRAM TO UNIVERSITY RE- mum requirements for maintaining a technology 10, United States Code, is amended— SEARCH.—It is the sense of Congress that the fol- base that is sufficient, based on both historical (1) by striking out ‘‘(1) Competitive’’ and in- lowing should be key objectives of the Defense developments and future projections, to project serting in lieu thereof ‘‘(1)(A) In accordance Science and Technology Program: superiority in air and space weapons systems with the policy stated in section 2374 of this (A) The sustainment of research capabilities and in information technology; title, competitive’’; and in scientific and engineering disciplines critical (B) address the effects on national defense (2) by adding at the end the following new to the Department of Defense. and civilian aerospace industries and informa- subparagraph: (B) The education and training of the next tion technology of reducing funding below the ‘‘(B) For each grant awarded and each con- generation of scientists and engineers in dis- goal described in subsection (a); and tract, cooperative agreement, or other trans- ciplines that are relevant to future defense sys- (C) result in recommendations on the appro- action entered into on a cost-share basis under tems, particularly through the conduct of basic priate levels of staff with baccalaureate, mas- the program, the ratio of contract recipient cost research. ters, and doctorate degrees, and the optimal to Government cost shall be determined by com- (C) The continued support of the Defense Ex- ratio of civilian and military staff holding such petitive procedures. For a project for which the perimental Program to Stimulate Competitive degrees, to ensure that science and technology Government receives an offer from only one of- Research and research programs at historically functions of the Department of Defense remain feror, the contracting officer shall negotiate the black colleges and universities and minority in- vital. ratio of contract recipient cost to Government stitutions. (3) REPORT.—Not later than 120 days after the cost that represents the best value to the Gov- (2) RELATIONSHIP OF THE DEFENSE SCIENCE date on which the study required under para- ernment.’’. AND TECHNOLOGY PROGRAM TO COMMERCIAL RE- graph (1) is completed, the Secretary shall sub- (b) REQUIREMENTS RELATING TO COST SHARE SEARCH AND TECHNOLOGY.—(A) It is the sense of mit to Congress a report on the results of the WAIVERS.—Subsection (d)(2) of such section is Congress that, in supporting projects within the study. amended— Defense Science and Technology Program, the (d) DEFINITIONS.—In this section: (1) by redesignating subparagraphs (A), (B), Secretary of Defense should attempt to leverage (1) The term ‘‘Defense Science and Tech- and (C) as clauses (i), (ii), and (iii), respectively; commercial research, technology, products, and nology Program’’ means basic and applied re- (2) by inserting ‘‘(A)’’ after ‘‘(2)’’; and processes for the benefit of the Department of search and advanced development. (3) by adding at the end the following new Defense. (2) The term ‘‘basic and applied research’’ subparagraphs: (B) It is the sense of Congress that funds means work funded in program elements for de- ‘‘(B) For any grant awarded or contract, co- made available for projects and programs of the fense research and development under Depart- operative agreement, or other transaction en- Defense Science and Technology Program ment of Defense category 6.1 or 6.2. tered into on a basis other than a cost-sharing should be used only for the benefit of the De- (3) The term ‘‘advanced development’’ means basis because of a determination made under partment of Defense, which includes— work funded in program elements for defense re- subparagraph (A), the transaction file for the (i) the development of technology that has search and development under Department of project concerned must document the rationale only military applications; Defense category 6.3. for the determination. (ii) the development of militarily useful, com- SEC. 215. NEXT GENERATION INTERNET PRO- ‘‘(C) The Secretary of Defense may delegate mercially viable technology; and GRAM. the authority to make determinations under (iii) the adaptation of commercial technology, (a) FUNDING.—Of the funds authorized to be subparagraph (A) only to the Under Secretary products, or processes for military purposes. appropriated under section 201(4), $53,000,000 of Defense for Acquisition and Technology or a (3) SYNERGISTIC MANAGEMENT OF RESEARCH shall be available for the Next Generation Inter- service acquisition executive, as appropriate.’’. AND DEVELOPMENT.—It is the sense of Congress net program. (c) COST SHARE GOAL.—Subsection (d) of such that the Secretary of Defense should have the (b) LIMITATION.—Notwithstanding the enact- section is amended— flexibility to allocate a combination of funds ment of any other provision of law after the (1) by striking out paragraph (4); and available for the Department of Defense for date of the enactment of this Act, amounts may (2) in paragraph (3)— basic and applied research and for advanced de- be appropriated for fiscal year 1999 for research, (A) by striking out ‘‘At least’’ and inserting in velopment to support any individual project or development, test, and evaluation by the De- lieu thereof ‘‘As a goal, at least’’; program within the Defense Science and Tech- partment of Defense for the Next Generation (B) by striking out ‘‘shall’’ and inserting in nology Program, but such flexibility should not Internet program only pursuant to the author- lieu thereof ‘‘should’’; and change the allocation of funds in any fiscal ization of appropriations under section 201(4). (C) by adding at the end the following: ‘‘The year among basic and applied research and ad- SEC. 216. CRUSADER SELF-PROPELLED ARTIL- Secretary of Defense, in coordination with the vanced development. LERY SYSTEM PROGRAM. Secretaries of the military departments and (4) MANAGEMENT OF SCIENCE AND TECH- (a) LIMITATION.—Of the amount authorized to upon recommendation of the Under Secretary of NOLOGY.—It is the sense of Congress that— be appropriated for the Army pursuant to sec- Defense for Acquisition and Technology, shall (A) management and funding for the Defense tion 201(1), not more than $223,000,000 may be establish annual objectives to meet such goal.’’. Science and Technology Program for each mili- obligated for the Crusader self-propelled artil- (d) ADDITIONAL INFORMATION TO BE IN- tary department should receive a level of prior- lery system program until 30 days after the date CLUDED IN FIVE-YEAR PLAN.—Subsection (e)(2) ity and leadership attention equal to the level on which the Secretary of the Army submits the of such section is amended to read as follows: received by program acquisition, and the Sec- report required under subsection (b). ‘‘(2) The plan shall include the following: retary of each military department should en- (b) REQUIREMENT FOR REPORT.—The Sec- ‘‘(A) An assessment of the effectiveness of the sure that a senior official in the department retary of the Army shall submit to the congres- program. holds the appropriate title and responsibility to sional defense committees a report on the Cru- ‘‘(B) An assessment of the extent to which the ensure effective oversight and emphasis on sader self-propelled artillery system. The report costs of projects are being shared by the follow- science and technology; shall include the following: ing: (B) to ensure an appropriate long-term focus (1) An assessment of the risks associated with ‘‘(i) Commercial enterprises in the private sec- for investments, a sufficient percentage of the current Crusader program technology. tor. science and technology funds should be directed (2) The total requirements for the Crusader ‘‘(ii) Department of Defense program offices, toward new technology areas, and annual re- system, taking into consideration revisions in including weapon system program offices. views should be conducted for ongoing research force structure resulting from the redesign of ‘‘(iii) Departments and agencies of the Federal areas to ensure that those funded initiatives are heavy and light divisions to achieve a force Government outside the Department of Defense. either integrated into acquisition programs or structure known as the Army After Next. ‘‘(iv) Institutions of higher education. discontinued when appropriate; (3) The potential for reducing the weight of ‘‘(v) Other institutions not operated for profit. (C) the Secretary of each military department the Crusader system by as much as 50 percent. ‘‘(vi) Other sources.’’. should take appropriate steps to ensure that (4) The potential for using alternative propel- SEC. 214. SENSE OF CONGRESS ON THE DEFENSE sufficient numbers of officers and civilian em- lants for the artillery projectile for the Crusader SCIENCE AND TECHNOLOGY PRO- ployees in the department hold advanced de- system and the effects on the overall program GRAM. grees in technical fields; and schedule that would result from taking the ac- (a) FUNDING REQUIREMENTS FOR THE DEFENSE (D) of particular concern, the Secretary of the tions and time necessary to develop mature tech- SCIENCE AND TECHNOLOGY PROGRAM BUDGET.— Air Force should take appropriate measures to nologies for alternative propellants. It is the sense of Congress that, for each of the ensure that sufficient numbers of scientists and (5) An analysis of the costs and benefits of de- fiscal years 2000 through 2008, it should be an engineers are maintained to address the techno- laying procurement of the Crusader system to H8108 CONGRESSIONAL RECORD — HOUSE September 22, 1998

avoid affordability issues associated with the (e) DELAYED EFFECTIVE DATE FOR LIMITATION ‘‘(2) The Navy Area system. current schedule and to allow for maturation of ON PROCUREMENT OF SYSTEMS NOT GPS- ‘‘(3) The Theater High-Altitude Area Defense weight and propellant technologies. EQUIPPED.—Section 152(b) of the National De- system. (c) SUBMISSION OF REPORT.—The Secretary of fense Authorization Act for Fiscal Year 1994 ‘‘(4) The Navy Theater Wide system. the Army shall submit the report not later than (Public Law 103–160; 107 Stat. 1578) is amended ‘‘(5) The Medium Extended Air Defense Sys- March 1, 1999. by striking out ‘‘2000’’ and inserting in lieu tem. SEC. 217. AIRBORNE LASER PROGRAM. thereof ‘‘2005’’. ‘‘(6) Joint Theater Missile Defense. ‘‘(7) National Missile Defense. (a) ASSESSMENT OF TECHNICAL AND OPER- (f) FUNDING FROM AUTHORIZED APPROPRIA- ‘‘(8) Support Technologies. ATIONAL ASPECTS.—The Secretary of Defense TIONS FOR FISCAL YEAR 1999.—Of the amounts shall conduct an assessment of the technical authorized to be appropriated under section ‘‘(9) Family of Systems Engineering and Inte- and operational aspects of the Airborne Laser 201(3), $44,000,000 shall be available to establish gration. ‘‘(10) Ballistic Missile Defense Technical Op- Program. In conducting the assessment, the Sec- and carry out an enhanced Global Positioning erations. retary shall establish an independent team of System program. ‘‘(11) Threat and Countermeasures. persons from outside the Department of Defense Subtitle C—Ballistic Missile Defense ‘‘(12) International Cooperative Programs. who are experts in relevant fields to review the SEC. 231. SENSE OF CONGRESS ON NATIONAL ‘‘(b) TREATMENT OF MAJOR DEFENSE ACQUISI- technical and operational aspects of the Air- MISSILE DEFENSE COVERAGE. TION PROGRAMS.—Amounts requested for Thea- borne Laser Program. The team shall assess the It is the sense of the Congress that— ter Missile Defense and National Missile De- following: (1) any national missile defense system de- fense major defense acquisition programs shall (1) Whether additional ground testing or other ployed by the United States must provide effec- be specified in individual, dedicated program forms of data collection should be completed be- tive defense against limited, accidental, or un- elements, and amounts appropriated for those fore initial modification of a commercial aircraft authorized ballistic missile attack for all 50 programs shall be available only for Ballistic to an Airborne Laser configuration. States; and Missile Defense activities. (2) The adequacy of exit criteria for the pro- (2) the territories of the United States should ‘‘(c) MANAGEMENT AND SUPPORT.—The gram definition and risk reduction phase of the be afforded effective protection against ballistic amount requested for each program element Airborne Laser Program. missile attack. specified in subsection (a) shall include requests (3) The adequacy of current Airborne Laser SEC. 232. LIMITATION ON FUNDING FOR THE ME- for the amounts necessary for the management operational concepts. DIUM EXTENDED AIR DEFENSE SYS- and support of the programs, projects, and ac- (b) REPORT ON ASSESSMENT.—Not later than TEM. tivities contained in that program element.’’. March 15, 1999, the Secretary shall submit to None of the funds appropriated for fiscal year (2) The table of sections at the beginning of Congress a report on the assessment. The report 1999 for the Ballistic Missile Defense Organiza- such chapter is amended by inserting after the shall include the Secretary’s findings and any tion may be obligated for the Medium Extended item relating to section 222 the following new recommendations that the Secretary considers Air Defense System (MEADS) until the Sec- item: appropriate. retary of Defense certifies to Congress that the ‘‘223. Ballistic missile defense programs: pro- (c) FUNDING FOR PROGRAM.—Of the amount future-years defense program includes sufficient gram elements.’’. authorized to be appropriated under section programmed funding for that system to complete (b) REPEAL OF SUPERSEDED PROVISION.—Sec- the design and development phase. If the Sec- 201(3), $235,219,000 shall be available for the Air- tion 251 of the National Defense Authorization retary does not submit such a certification by borne Laser Program. Act for Fiscal Year 1996 (Public Law 104–106; 10 IMITATION.—Of the amount made avail- January 1, 1999, then (effective as of that date) (d) L U.S.C. 221 note) is repealed. able pursuant to subsection (c), not more than the funds appropriated for fiscal year 1999 for $185,000,000 may be obligated until 30 days after the Ballistic Missile Defense Organization that SEC. 236. RESTRUCTURING OF ACQUISITION STRATEGY FOR THEATER HIGH-ALTI- the Secretary submits the report required by are allocated for the MEADS program shall be TUDE AREA DEFENSE (THAAD) SYS- subsection (b). available to support alternative programmatic TEM. SEC. 218. ENHANCED GLOBAL POSITIONING SYS- and technical approaches to meeting the re- (a) ESTABLISHMENT OF COMPETITIVE CON- TEM PROGRAM. quirement for mobile theater missile defense that TRACTOR.—(1) The Secretary of Defense shall (a) POLICY ON PRIORITY FOR DEVELOPMENT OF was to be met by the MEADS system. take appropriate steps to implement technical ENHANCED GPS SYSTEM.—The development of SEC. 233. LIMITATION ON FUNDING FOR COOPER- and price competition for the development and an enhanced Global Positioning System is an ATIVE BALLISTIC MISSILE DEFENSE production of the interceptor missile for the urgent national security priority. PROGRAMS. Theater High-Altitude Area Defense (THAAD) (b) DEVELOPMENT REQUIRED.—To fulfill the Of the funds appropriated for fiscal year 1999 system. requirements described in section 279(b) of the for the Russian-American Observational Sat- (2) The Secretary shall take such steps as nec- National Defense Authorization Act for Fiscal ellite (RAMOS) program, $5,000,000 may not be essary to ensure that the prime contractor (as of Year 1996 (Public Law 104–106; 110 Stat. 243) obligated until the Secretary of Defense certifies the date of the enactment of this Act) for the and section 2281 of title 10, United States Code, to Congress that the Department of Defense has THAAD system provides the cooperation needed the Secretary of Defense shall develop an en- received detailed information concerning the na- to establish the technical and price competition hanced Global Positioning System in accordance ture, extent, and military implications of the required in subsection (a). with the priority declared in subsection (a). The transfer of ballistic missile technology from Rus- (3) The Secretary shall use the authority pro- enhanced Global Positioning System shall in- sian sources to Iran. vided in section 2304(c)(2) of title 10, United clude the following elements: SEC. 234. SENSE OF CONGRESS WITH RESPECT TO States Code, to expedite the implementation of (1) An evolved satellite system that includes BALLISTIC MISSILE DEFENSE CO- paragraphs (1) and (2). OPERATION WITH RUSSIA. increased signal power and other improvements (4) Of the amount made available under sec- It is the sense of Congress that, as the United such as regional-level directional signal en- tion 201(4) for the THAAD System, $29,600,000 States proceeds with efforts to develop defenses hancements. shall be available to establish the technical and against ballistic missile attack, the United (2) Enhanced receivers and user equipment price competition required in paragraph (1). States should seek to foster a climate of coopera- that are capable of providing military users with (b) COST SHARING ARRANGEMENT.—(1) The direct access to encrypted Global Positioning tion with Russia on matters related to ballistic Secretary of Defense shall contractually estab- System signals. missile defense and that, in particular, the lish with the THAAD interceptor prime contrac- (3) To the extent funded by the Secretary of United States and its NATO allies should seek tor an appropriate arrangement for sharing be- Transportation, additional civil frequencies and to cooperate with Russia in such areas as early tween the United States and that contractor the other enhancements for civil users. warning of ballistic missile launches. costs for flight test failures of the interceptor (c) SENSE OF CONGRESS REGARDING FUND- SEC. 235. BALLISTIC MISSILE DEFENSE PROGRAM missile for the THAAD system beginning with ELEMENTS. ING.—It is the sense of Congress that— the flight test numbered 9. (1) the Secretary of Defense should ensure (a) BMD PROGRAM ELEMENTS.—(1) Chapter 9 (2) For purposes of paragraph (1), the term that the future-years defense program provides of title 10, United States Code, is amended by in- ‘‘THAAD interceptor prime contractor’’ means for sufficient funding to develop and deploy an serting after section 222 the following new sec- the firm that as of May 14, 1998, is the prime enhanced Global Positioning System in accord- tion: contractor for the interceptor missile for the ance with the priority declared in subsection ‘‘§ 223. Ballistic missile defense programs: pro- Theater High-Altitude Area Defense system. (a); and gram elements (c) ENGINEERING AND MANUFACTURING DEVEL- (2) the Secretary of Transportation should ‘‘(a) PROGRAM ELEMENTS SPECIFIED.—In the OPMENT PHASE FOR OTHER ELEMENTS OF THE provide sufficient funding to support additional budget justification materials submitted to Con- THAAD SYSTEM.—The Secretary of Defense civil frequencies for the Global Positioning Sys- gress in support of the Department of Defense may proceed with the milestone approval proc- tem and other enhancements of the system for budget for any fiscal year (as submitted with ess for the Engineering and Manufacturing De- civil users. the budget of the President under section velopment phase for the Battle Management (d) PLAN FOR DEVELOPMENT OF ENHANCED 1105(a) of title 31), the amount requested for ac- and Command, Control, and Communications GLOBAL POSITIONING SYSTEM.—Not later than tivities of the Ballistic Missile Defense Organi- (BM/C3) element of the THAAD system and for April 15, 1999, the Secretary of Defense shall zation shall be set forth in accordance with the the Ground Based Radar (GBR) element for that submit to Congress a plan for carrying out the following program elements: system without regard to the stage of develop- requirements of subsection (b). ‘‘(1) The Patriot system. ment of the interceptor missile for that system. September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8109

(d) PLAN FOR CONTINGENCY CAPABILITY.—(1) SEC. 246. PILOT PROGRAM FOR REVITALIZING (1) To provide for adequate protection of per- The Secretary of Defense shall prepare a plan THE LABORATORIES AND TEST AND sonnel from any exposure to a chemical warfare that would allow for deployment of THAAD EVALUATION CENTERS OF THE DE- agent (including chronic and low-level exposure missiles and the other elements of the THAAD PARTMENT OF DEFENSE. to a chemical warfare agent) that would endan- (a) PILOT PROGRAM.—(1) The Secretary of De- system referred to in subsection (c) in response ger the health of exposed personnel because of fense may carry out a pilot program to dem- to theater ballistic missile threats that evolve be- the deleterious effects of— onstrate improved cooperative relationships fore United States military forces are equipped (A) a single exposure to the agent; with universities and other private sector enti- with the objective configuration of those missiles (B) exposure to the agent concurrently with ties for the performance of research and devel- and elements. other dangerous exposures, such as exposures opment functions. to— (2) The Secretary shall submit a report on the (2) Under the pilot program, the Secretary of (i) other potentially toxic substances in the plan to the congressional defense committees by Defense shall provide the director of one science environment, including pesticides, other insect December 15, 1998. and technology laboratory, and the director of and vermin control agents, and environmental (e) LIMITATION ON ENTERING ENGINEERING AND one test and evaluation center, of each military pollutants; MANUFACTURING DEVELOPMENT PHASE.—(1) The department with authority for the following: Secretary of Defense may not approve the com- (A) To explore innovative methods for quickly, (ii) low-grade nuclear and electromagnetic ra- mencement of the Engineering and Manufactur- efficiently, and fairly entering into cooperative diation present in the environment; ing Development phase for the interceptor mis- relationships with universities and other private (iii) preventive medications (that are dan- sile for the THAAD system until there have been sector entities with respect to the performance of gerous when taken concurrently with other 3 successful tests of that missile. research and development functions. dangerous exposures referred to in this para- (2) For purposes of paragraph (1), a successful (B) To waive any restrictions on the dem- graph); test of the interceptor missile of the THAAD sys- onstration and implementation of such methods (iv) diesel fuel, jet fuel, and other hydro-car- tem is a body-to-body intercept by that missile of that are not required by law. bon based fuels; and a ballistic missile target. (C) To develop or expand innovative methods (v) occupational hazards, including battlefield of operation that provide more defense research hazards; and Subtitle D—Other Matters for each dollar of cost, including to carry out (C) repeated exposures to the agent, or some SEC. 241. EXTENSION OF AUTHORITY TO CARRY such initiatives as focusing on the performance combination of one or more exposures to the OUT CERTAIN PROTOTYPE of core functions and adopting more business- agent and other dangerous exposures referred to PROJECTS. like practices. in subparagraph (B), over time. Section 845(c) of the National Defense Author- (3) In selecting the laboratories and centers (2) To provide for— ization Act for Fiscal Year 1994 (Public Law for participation in the pilot program, the Sec- (A) the prevention of and protection against, 103–160; 10 U.S.C. 2371 note) is amended by retary shall consider laboratories and centers and the detection (including confirmation) of, striking out ‘‘September 30, 1999’’ and inserting where innovative management techniques have exposures to a chemical warfare agent (whether in lieu thereof ‘‘September 30, 2001’’. been demonstrated, particularly as documented intentional or inadvertent) at levels that, even if SEC. 242. NATO ALLIANCE GROUND SURVEIL- under sections 1115 through 1119 of title 31, not sufficient to endanger health immediately, LANCE CONCEPT DEFINITION. United States Code, relating to Government are greater than the level that is recognized Amounts authorized to be appropriated under agency performance and results. under Department of Defense policies as being section 201 are available for a NATO alliance (4) The Secretary may carry out the pilot pro- the maximum safe level of exposure to that ground surveillance concept definition that is gram at each selected laboratory and center for agent for the general population; and based on the Joint Surveillance Target Attack a period of three years beginning not later than (B) the recording, reporting, coordinating, Radar System (Joint STARS) Radar Technology March 1, 1999. and retaining of information on possible expo- Insertion Program (RTIP) sensor of the United (b) REPORTS.—(1) Not later than March 1, sures described in subparagraph (A), including States, as follows: 1999, the Secretary of Defense shall submit a re- the monitoring of the health effects of exposures (1) Of the amount authorized to be appro- port on the implementation of the pilot program on humans and animals, environmental effects, priated under section 201(1), $6,400,000. to Congress. The report shall include the follow- and ecological effects, and the documenting and ing: (2) Of the amount authorized to be appro- reporting of those effects specifically by loca- (A) Each laboratory and center selected for priated under section 201(3), $3,500,000. tion. the pilot program. (3) To provide solutions for the concerns and SEC. 243. NATO COMMON-FUNDED CIVIL BUDGET. (B) To the extent possible, a description of the mission requirements that are specifically appli- Of the amount authorized to be appropriated innovative concepts that are to be tested at each cable for one or more of the Armed Forces in a by section 201(1), $750,000 shall be available for laboratory or center. protracted conflict when exposures to chemical contributions for the common-funded Civil (C) The criteria to be used for measuring the agents could be complex, dynamic, and occur- Budget of NATO. success of each concept to be tested. ring over an extended period. (2) Promptly after the expiration of the period SEC. 244. EXECUTIVE AGENT FOR COOPERATIVE (c) RESEARCH PROGRAM.—The Secretary of RESEARCH PROGRAM OF THE DE- for participation of a laboratory or center in the Defense shall develop and carry out a plan to PARTMENT OF DEFENSE AND THE pilot program, the Secretary of Defense shall establish a research program for determining the DEPARTMENT OF VETERANS AF- submit to Congress a final report on the partici- effects of exposures to chemical warfare agents FAIRS. pation of the laboratory or center in the pilot of the type described in subsection (b). The re- The Secretary of Defense, acting through the program. The report shall contain the following: search shall be designed to yield results that can (A) A description of the concepts tested. Army Medical Research and Materiel Command guide the Secretary in the evolution of policy (B) The results of the testing. and the Naval Operational Medicine Institute, and doctrine on exposures to chemical warfare shall be the executive agent for the use of funds (C) The lessons learned. (D) Any proposal for legislation that the Sec- agents and to develop new risk assessment meth- available from the amount authorized to be ap- ods and instruments with respect to such expo- propriated by section 201(4) for the Cooperative retary recommends on the basis of the experi- ence at the laboratory or center under the pilot sures. The plan shall state the objectives and Research Program of the Department of Defense scope of the program and include a 5-year fund- and the Department of Veterans Affairs. program. (c) COMMENDATION.—Congress commends the ing plan. SEC. 245. REVIEW OF PHARMACOLOGICAL INTER- Secretary of Defense for the progress made by (d) REPORT.—Not later than May 1, 1999, the VENTIONS FOR REVERSING BRAIN the science and technology laboratories and test Secretary of Defense shall submit to the Commit- INJURY. and evaluation centers of the Department of De- tee on Armed Services of the Senate and the (a) REVIEW AND REPORT REQUIRED.—The As- fense and encourages the Secretary to take the Committee on National Security of the House of sistant Secretary of Defense for Health Affairs actions necessary to ensure continued progress Representatives a report on the results of the re- shall review research on pharmacological inter- for the laboratories and test and evaluation cen- view under subsection (a) and on the research ventions for reversing brain injury and, not ters in developing cooperative relationships with program developed under subsection (c). The re- later than March 31, 1999, submit a report on universities and other private sector entities for port shall include the following: the results of the review to Congress. the performance of research and development (1) Each modification of chemical warfare de- (b) CONTENT OF REPORT.—The report shall in- functions. fense policy and doctrine resulting from the re- clude the following: SEC. 247. CHEMICAL WARFARE DEFENSE. view. (1) The potential for pharmacological inter- (a) REVIEW AND MODIFICATION OF POLICIES (2) Any recommended legislation regarding ventions for reversing brain injury to reduce AND DOCTRINES.—The Secretary of Defense shall chemical warfare defense. mortality and morbidity in cases of head inju- review the policies and doctrines of the Depart- (3) The plan for the research program. ries incurred in combat or resulting from expo- ment of Defense on chemical warfare defense SEC. 248. LANDMINE ALTERNATIVES. sures to chemical weapons or agents. and modify the policies and doctrine as appro- (a) AVAILABILITY OF FUNDS.—(1) Of the (2) The potential utility of such interventions priate to achieve the objectives set forth in sub- amounts authorized to be appropriated in sec- for the Armed Forces. section (b). tion 201, not more than $19,200,000 shall be (3) A conclusion regarding whether funding (b) OBJECTIVES.—The objectives for the modi- available for activities relating to the identifica- for research on such interventions should be in- fication of policies and doctrines of the Depart- tion, adaptation, modification, research, and cluded in the budget for the Department of De- ment of Defense on chemical warfare defense development of existing and new technologies fense for fiscal year 2000. are as follows: and concepts that— H8110 CONGRESSIONAL RECORD — HOUSE September 22, 1998 (A) would provide a combat capability that is Sec. 324. Report regarding polychlorinated Sec. 368. Defense Commissary Agency tele- equivalent to the combat capability provided by biphenyl waste under Department communications. non-self destructing anti-personnel landmines; of Defense control overseas. Sec. 369. Survey of commissary store patrons re- (B) would provide a combat capability that is Sec. 325. Modification of deadline for submittal garding satisfaction with com- equivalent to the combat capability provided by to Congress of annual reports on missary store merchandise. anti-personnel submunitions used in mixed anti- environmental activities. Subtitle G—Other Matters tank mine systems; or Sec. 326. Submarine solid waste control. Sec. 371. Eligibility requirements for attendance Sec. 327. Arctic Military Environmental Co- (C) would provide a combat capability that is at Department of Defense domes- operation Program. equivalent to the combat capability provided by tic dependent elementary and sec- current mixed mine systems. Sec. 328. Sense of Congress regarding oil spill prevention training for personnel ondary schools. (2) Of the amount available under paragraph Sec. 372. Assistance to local educational agen- on board Navy vessels. (1)— cies that benefit dependents of (A) not more than $17,200,000 shall be made Subtitle D—Information Technology Issues members of the Armed Forces and available for activities referred to in subpara- Sec. 331. Additional information technology re- Department of Defense civilian graph (A) of that paragraph for the current ef- sponsibilities of Chief Information employees. forts of the Army referred to as the Non-Self De- Officers. Sec. 373. Department of Defense readiness re- struct Alternative; and Sec. 332. Defense-wide electronic mall system porting system. (B) not more than $2,000,000 shall be made for supply purchases. Sec. 374. Specific emphasis of program to inves- available for activities referred to in subpara- Sec. 333. Priority funding to ensure year 2000 tigate fraud, waste, and abuse graphs (B) or (C) of that paragraph that relate compliance of information tech- within Department of Defense. to anti-personnel submunitions used in mixed nology and national security sys- Sec. 375. Condition for providing financial as- mine systems or an alternative for mixed muni- tems. sistance for support of additional tions. Sec. 334. Evaluation of year 2000 compliance as duties assigned to the Army Na- (b) FUNDING FOR RESEARCH INTO ALTER- part of training exercises pro- tional Guard. NATIVES TO ANTI-PERSONNEL SUBMUNITIONS grams. Sec. 376. Demonstration program to improve USED IN MIXED MINE SYSTEMS OR AN ALTER- Sec. 335. Continuity of essential operations at quality of personal property ship- NATIVE FOR MIXED MUNITIONS.—The Secretary risk of failure because of informa- ments of members. shall include with the materials submitted to tion technology and national se- Sec. 377. Pilot program for acceptance and use Congress with the budget for fiscal year 2000 curity systems that are not year of landing fees charged for use of under section 1105 of title 31, United States 2000 compliant. domestic military airfields by civil Code, an explanation of any funds requested to Subtitle E—Defense Infrastructure Support aircraft. support a search for existing and new tech- Improvement Sec. 378. Strategic plan for expansion of dis- nologies and concepts that could provide a com- Sec. 341. Clarification of definition of depot- tance learning initiatives. bat capability equivalent to the combat capabil- level maintenance and repair. Sec. 379. Public availability of operating agree- ity provided by anti-personnel submunitions Sec. 342. Reporting and analysis requirements ments between military installa- used in mixed mine systems or an alternative to before change of commercial and tions and financial institutions. mixed munitions. industrial type functions to pri- Subtitle A—Authorization of Appropriations (c) STUDIES.—The Secretary of Defense shall vate sector performance. SEC. 301. OPERATION AND MAINTENANCE FUND- enter into two contracts, each with an appro- Sec. 343. Notifications of determinations of mili- ING. priate scientific organization— tary items as being commercial Funds are hereby authorized to be appro- (1) to carry out a study on existing and new items for purposes of the excep- priated for fiscal year 1999 for the use of the technologies and concepts referred to in sub- tion to requirements regarding Armed Forces and other activities and agencies section (a); and core logistics capabilities. of the Department of Defense for expenses, not (2) to submit to the Secretary a report on the Sec. 344. Oversight of development and imple- otherwise provided for, for operation and main- study, including any recommendations consid- mentation of automated identi- tenance, in amounts as follows: ered appropriate by the scientific organization. fication technology. (1) For the Army, $17,002,563,000. (d) REPORT.—Not later than April 1 of 2000 Sec. 345. Contractor-operated civil engineering (2) For the Navy, $21,577,702,000. and 2001, the Secretary shall submit to the con- supply stores program. (3) For the Marine Corps, $2,528,603,000. gressional defense committees a report describ- Sec. 346. Conditions on expansion of functions (4) For the Air Force, $18,690,633,000. ing the progress made in identifying tech- performed under prime vendor (5) For Defense-wide activities, $10,550,076,000. nologies and concepts referred to in subsection contracts for depot-level mainte- (6) For the Army Reserve, $1,198,022,000. (a). At the same time the report is submitted, the nance and repair. (7) For the Naval Reserve, $920,639,000. Secretary shall transmit to such committees cop- Sec. 347. Best commercial inventory practices (8) For the Marine Corps Reserve, ies of the reports (and recommendations, if any) for management of secondary sup- $117,893,000. (9) For the Air Force Reserve, $1,722,796,000. received by the Secretary from the scientific or- ply items. (10) For the Army National Guard, ganizations that carried out the studies referred Sec. 348. Personnel reductions in Army Materiel $2,564,315,000. to in subsection (c). Command. Sec. 349. Inventory management of in-transit (11) For the Air National Guard, TITLE III—OPERATION AND items. $3,047,433,000. MAINTENANCE Sec. 350. Review of Defense Automated Printing (12) For the Defense Inspector General, Subtitle A—Authorization of Appropriations Service functions. $130,764,000. (13) For the United States Court of Appeals Sec. 301. Operation and maintenance funding. Sec. 351. Development of plan for establishment Sec. 302. Working capital funds. of core logistics capabilities for for the Armed Forces, $7,324,000. (14) For Environmental Restoration, Army, Sec. 303. Armed Forces Retirement Home. maintenance and repair of C–17 $370,640,000. Sec. 304. Transfer from National Defense Stock- aircraft. (15) For Environmental Restoration, Navy, pile Transaction Fund. Subtitle F—Commissaries and $274,600,000. Subtitle B—Program Requirements, Nonappropriated Fund Instrumentalities (16) For Environmental Restoration, Air Restrictions, and Limitations Sec. 361. Continuation of management and Force, $372,100,000. Sec. 311. Refurbishment of M1–A1 tanks. funding of Defense Commissary (17) For Environmental Restoration, Defense- Sec. 312. Operation of prepositioned fleet, Na- Agency through the Office of the wide, $25,091,000. tional Training Center, Fort Secretary of Defense. (18) For Environmental Restoration, Formerly Irwin, California. Sec. 362. Expansion of current eligibility of Re- Used Defense Sites, $195,000,000. Sec. 313. Berthing space at Norfolk Naval Ship- serves for commissary benefits. (19) For Overseas Humanitarian, Disaster, yard, Virginia. Sec. 363. Costs payable to the Department of and Civic Aid programs, $50,000,000. Sec. 314. NATO common-funded military budg- Defense and other Federal agen- (20) For Drug Interdiction and Counter-drug et. cies for services provided to the Activities, Defense-wide, $725,582,000. Defense Commissary Agency. (21) For the Kaho’olawe Island Conveyance, Subtitle C—Environmental Provisions Sec. 364. Collection of dishonored checks pre- Remediation, and Environmental Restoration Sec. 321. Settlement of claims of foreign govern- sented at commissary stores. Trust Fund, $15,000,000. ments for environmental cleanup Sec. 365. Restrictions on patron access to, and (22) For Defense Health Program, of overseas sites formerly used by purchases in, overseas com- $9,617,435,000. the Department of Defense. missaries and exchange stores. (23) For Cooperative Threat Reduction pro- Sec. 322. Authority to pay negotiated settlement Sec. 366. Repeal of requirement for Air Force to grams, $440,400,000. for environmental cleanup of for- sell tobacco products to enlisted (24) For Overseas Contingency Operations merly used defense sites in Can- personnel. Transfer Fund, $746,900,000. ada. Sec. 367. Prohibition on consolidation or other SEC. 302. WORKING CAPITAL FUNDS. Sec. 323. Removal of underground storage organizational changes of Depart- Funds are hereby authorized to be appro- tanks. ment of Defense retail systems. priated for fiscal year 1999 for the use of the September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8111 Armed Forces and other activities and agencies against the United States for environmental (2) The payment under subsection (b) for fis- of the Department of Defense for providing cap- cleanup of sites in that country that were for- cal year 1999 shall be made from amounts appro- ital for working capital and revolving funds in merly used by the Department of Defense. priated pursuant to section 301(5). amounts as follows: (b) AUTHORIZATION REQUIRED FOR USE OF (3) For a fiscal year after fiscal year 1999, a (1) For the Defense Working Capital Funds, FUNDS FOR PAYMENT OF SETTLEMENT.—No payment may be made under subsection (b) from $1,076,571,000. funds may be used for any payment under an amounts appropriated pursuant to the author- (2) For the National Defense Sealift Fund, ex-gratia settlement of any claims described in ization of appropriations for the Department of $669,566,000. subsection (a) unless the use of the funds for Defense for such fiscal year for Operation and SEC. 303. ARMED FORCES RETIREMENT HOME. that purpose is specifically authorized by law or Maintenance, Defense-Wide. There is hereby authorized to be appropriated international agreement, including a treaty. SEC. 323. REMOVAL OF UNDERGROUND STORAGE for fiscal year 1999 from the Armed Forces Re- SEC. 322. AUTHORITY TO PAY NEGOTIATED SET- TANKS. tirement Home Trust Fund the sum of TLEMENT FOR ENVIRONMENTAL The Secretary of the Army may use funds CLEANUP OF FORMERLY USED DE- available pursuant to the authorization of ap- $70,745,000 for the operation of the Armed FENSE SITES IN CANADA. Forces Retirement Home, including the United propriations in section 301(18) (relating to envi- (a) FINDINGS.—Congress makes the following ronmental restoration of formerly used defense States Soldiers’ and Airmen’s Home and the findings with respect to the authorization of Naval Home. sites) for the removal of underground storage payment of settlement with Canada in sub- tanks to the extent that, and in accordance with SEC. 304. TRANSFER FROM NATIONAL DEFENSE section (b) regarding environmental cleanup at such criteria as, the Secretary determines appro- STOCKPILE TRANSACTION FUND. formerly used defense sites in Canada: priate for the use of such funds. (a) TRANSFER AUTHORITY.—To the extent pro- (1) A unique and longstanding national secu- vided in appropriations Acts, not more than SEC. 324. REPORT REGARDING POLY- rity alliance exists between the United States CHLORINATED BIPHENYL WASTE $150,000,000 is authorized to be transferred from and Canada. UNDER DEPARTMENT OF DEFENSE the National Defense Stockpile Transaction (2) The sites covered by the settlement were CONTROL OVERSEAS. Fund to operation and maintenance accounts formerly used by the United States and Canada (a) REPORT REQUIRED.—(1) Not later than for fiscal year 1999 in amounts as follows: for their mutual defense. March 1, 1999, the Secretary of Defense shall (1) For the Army, $50,000,000. (3) There is no formal treaty or international submit to the committees specified in paragraph (2) For the Navy, $50,000,000. agreement between the United States and Can- (2) a report on the status of foreign-manufac- (3) For the Air Force, $50,000,000. ada regarding the environmental cleanup of the tured polychlorinated biphenyl waste. The Sec- (b) TREATMENT OF TRANSFERS.—Amounts sites. retary shall prepare the report in consultation transferred under this section— (4) Environmental contamination at some of with the Administrator of the Environmental (1) shall be merged with, and be available for the sites could pose a substantial risk to the Protection Agency and the Secretary of State. the same purposes and the same period as, the health and safety of the United States citizens (2) The committees referred to in paragraph amounts in the accounts to which transferred; residing in States near the border between the (1) are the following: and United States and Canada. (A) The Committee on Armed Services and the (2) may not be expended for an item that has (5) The United States and Canada reached a Committee on Environment and Public Works of been denied authorization of appropriations by negotiated agreement for an ex-gratia reim- the Senate. Congress. bursement of Canada in full satisfaction of (B) The Committee on National Security, the (c) RELATIONSHIP TO OTHER TRANSFER AU- claims of Canada relating to environmental con- Committee on Commerce, and the Committee on THORITY.—The transfer authority provided in tamination which agreement was embodied in Transportation and Infrastructure of the House this section is in addition to the transfer author- an exchange of Notes between the Government of Representatives. ity provided in section 1001. of the United States and the Government of (b) ELEMENTS OF REPORT.—The report under Canada. subsection (a) shall include the following: Subtitle B—Program Requirements, (6) There is a unique factual basis for author- (1) The identity of each foreign country from Restrictions, and Limitations izing a reimbursement of Canada for environ- which the Secretary of Defense anticipates that SEC. 311. REFURBISHMENT OF M1–A1 TANKS. mental cleanup at sites in Canada after the the Department of Defense will need to trans- Of the amount authorized to be appropriated United States departure from such sites. port foreign-manufactured polychlorinated pursuant to section 301(1) for operation and (7) The basis for and authorization of such re- biphenyl waste into the customs territory of the maintenance for the Army, $31,000,000 shall be imbursement does not extend to similar claims United States. available only for the refurbishment of up to 70 by other nations. (2) For each foreign country identified under M1–A1 tanks under the AIM-XXI program. (8) The Government of Canada is committed to paragraph (1), an inventory of the type, con- SEC. 312. OPERATION OF PREPOSITIONED FLEET, spending the entire $100,000,000 of the reim- centrations, and estimated quantity of foreign- NATIONAL TRAINING CENTER, FORT bursement authorized in subsection (b) in the manufactured polychlorinated biphenyl waste IRWIN, CALIFORNIA. United States, which will benefit United States involved, the reasons why disposal of the poly- Of the amount authorized to be appropriated industry and United States workers. chlorinated biphenyl waste in the foreign coun- pursuant to section 301(1) for operation and (b) AUTHORITY TO MAKE PAYMENTS.—(1) Sub- try is not available, the identity of other loca- maintenance for the Army, $60,200,000 shall be ject to subsection (c), the Secretary of Defense tions or facilities where disposal of the poly- available only to pay costs associated with the may, using funds specified under subsection (d), chlorinated biphenyl waste in an environ- operation of the prepositioned fleet of equipment make a payment described in paragraph (2) for mentally sound manner is available, and the during training rotations at the National Train- each fiscal year through fiscal year 2008 for availability of alternative technologies and mo- ing Center, Fort Irwin, California. purposes of the ex-gratia reimbursement of Can- bile units for polychlorinated biphenyl waste ada in full satisfaction of any and all claims as- SEC. 313. BERTHING SPACE AT NORFOLK NAVAL treatment or disposal. SHIPYARD, VIRGINIA. serted against the United States by Canada for (3) An accounting of all foreign-manufactured environmental cleanup of sites in Canada that Of the amount authorized to be appropriated polychlorinated biphenyl waste that exists as of were formerly used for the mutual defense of the pursuant to section 301(2) for operation and the date of the enactment of this Act and as of United States and Canada. maintenance for the Navy, $6,000,000 may be the date of the report. (2) A payment referred to in paragraph (1) is available for the purpose of relocating the (4) An estimate of the volume of foreign-man- a payment of $10,000,000, in constant fiscal year U.S.S. WISCONSIN, which is currently in a re- ufactured polychlorinated biphenyl waste that 1996 dollars, into the Foreign Military Sales serve status at the Norfolk Naval Shipyard, Vir- is likely to be generated annually in each of the Trust Account for purposes of Canada. next five calendar years, and the basis for each ginia, to a suitable location in order to increase (c) CONDITION ON AUTHORITY FOR SUBSE- available berthing space at the shipyard. such estimate. QUENT FISCAL YEARS.—A payment may be made (5) A description of any hazards to human SEC. 314. NATO COMMON-FUNDED MILITARY under subsection (b) for a fiscal year after fiscal health or the environment posed by foreign- BUDGET. year 1999 only if the Secretary of Defense sub- manufactured polychlorinated biphenyl waste. Of the amount authorized to be appropriated mits to Congress with the budget for such fiscal (6) A description of any international or do- pursuant to section 301(1) for operation and year under section 1105 of title 31, United States mestic legal impediments that the Department maintenance for the Army, $227,377,000 shall be Code, evidence that the cumulative amount ex- has experienced in disposing of foreign-manu- available for contributions for the common- pended by the Government of Canada for envi- factured polychlorinated biphenyl waste in an funded Military Budget of the North Atlantic ronmental cleanup activities in Canada during environmentally sound manner. Treaty Organization. any fiscal years before such fiscal year in which (7) A description of any efforts undertaken by Subtitle C—Environmental Provisions a payment under that subsection was author- the Department to seek relief from legal impedi- SEC. 321. SETTLEMENT OF CLAIMS OF FOREIGN ized was an amount equal to or greater than the ments to the disposal of foreign-manufactured GOVERNMENTS FOR ENVIRON- aggregate amount of the payments under that polychlorinated biphenyl waste, including the MENTAL CLEANUP OF OVERSEAS subsection during such fiscal years. relief available pursuant to section 6(e) or 22 of SITES FORMERLY USED BY THE DE- (d) SOURCE OF FUNDS.—(1) The payment the Toxic Substances Control Act (15 U.S.C. PARTMENT OF DEFENSE. under subsection (b) for fiscal year 1998 shall be 2605(e), 2621). (a) NOTICE OF NEGOTIATIONS.—The President made from amounts appropriated pursuant to (8) The identity of the possible disposal or shall notify Congress before entering into any section 301(5) of the National Defense Author- treatment facilities in the United States that negotiations for the ex-gratia settlement of the ization Act for Fiscal Year 1998 (Public Law would be used if foreign-manufactured poly- claims of a government of another country 105–85; 111 Stat. 1669). chlorinated biphenyl waste were transported H8112 CONGRESSIONAL RECORD — HOUSE September 22, 1998

into the customs territory of the United States, (b) PRIOR NOTICE TO CONGRESS OF OBLIGA- ‘‘§ 2223. Information technology: additional and the method of disposal or treatment at each TION OF FUNDS.—The Secretary of Defense shall responsibilities of Chief Information Offi- such facility. submit to the congressional defense committees a cers (9) A description of Department policy and report at least 15 days before the obligation of ‘‘(a) ADDITIONAL RESPONSIBILITIES OF CHIEF practice concerning procurement or purchase of any funds for the Arctic Military Environmental INFORMATION OFFICER OF DEPARTMENT OF DE- foreign-manufactured polychlorinated biphenyls Cooperation Program. Each such report shall FENSE.—In addition to the responsibilities pro- or materials containing foreign-manufactured specify— vided for in chapter 35 of title 44 and in section polychlorinated biphenyls. (1) the amount of the proposed obligation; 5125 of the Clinger-Cohen Act of 1996 (40 U.S.C. (c) RECOMMENDATIONS.—The report shall also (2) the activities for which the Secretary plans 1425), the Chief Information Officer of the De- include such recommendations as the Secretary to obligate such funds; and partment of Defense shall— of Defense, with the concurrence of the Admin- (3) the terms of the implementing agreement ‘‘(1) review and provide recommendations to istrator of the Environmental Protection Agency between the United States and the foreign gov- the Secretary of Defense on Department of De- and the Secretary of State, considers necessary ernment concerning the activity to be under- fense budget requests for information tech- regarding changes to United States law to allow taken, including the financial and other respon- nology and national security systems; for the disposal, in an environmentally sound sibilities of each government. ‘‘(2) ensure the interoperability of information manner, of foreign-manufactured poly- (c) AVAILABILITY OF FISCAL YEAR 1999 technology and national security systems chlorinated biphenyl waste, together with a FUNDS.—(1) Of the amount authorized to be ap- throughout the Department of Defense; statement of whether and how such changes propriated by section 301(5), $4,000,000 shall be ‘‘(3) ensure that information technology and would be consistent with international law, in- available for carrying out the Arctic Military national security systems standards that will cluding the Basel Convention on the Control of Environmental Cooperation Program. apply throughout the Department of Defense Transboundary Movements of Hazardous (2) Amounts available for the Arctic Military are prescribed; and Wastes and Their Disposal and the Protocol to Environmental Cooperation Program under ‘‘(4) provide for the elimination of duplicate the Convention on Long-Range Transboundary paragraph (1) may not be obligated or expended information technology and national security Air Pollution on Persistent Organic Pollutants. for that Program until 45 days after the date on systems within and between the military depart- (d) DEFINITIONS.—In this section: which the Secretary of Defense submits to the ments and Defense Agencies. (1) The term ‘‘polychlorinated biphenyl congressional defense committees a plan for the ‘‘(b) ADDITIONAL RESPONSIBILITIES OF CHIEF waste’’ means— Program under paragraph (3). INFORMATION OFFICER OF MILITARY DEPART- (A) polychlorinated biphenyls; and (3) The plan for the Arctic Military Environ- MENTS.—In addition to the responsibilities pro- (B) materials containing polychlorinated mental Cooperation Program under this para- vided for in chapter 35 of title 44 and in section biphenyls; graph shall include the following: 5125 of the Clinger-Cohen Act of 1996 (40 U.S.C. that are ready for disposal. (A) A statement of the overall goals and objec- 1425), the Chief Information Officer of a mili- (2) The term ‘‘foreign-manufactured poly- tives of the Program. tary department, with respect to the military de- chlorinated biphenyl waste’’ means poly- (B) A statement of the proposed activities partment concerned, shall— chlorinated biphenyl waste that is owned by the under the Program and the relationship of such ‘‘(1) review budget requests for all information Department of Defense and situated outside of activities to the national security interests of the technology and national security systems; the United States and that consists of— United States. ‘‘(2) ensure that information technology and (A) polychlorinated biphenyls; or (C) An assessment of the compatibility of the national security systems are in compliance with (B) materials containing polychlorinated activities set forth under subparagraph (B) with standards of the Government and the Depart- biphenyls; the purposes of the Cooperative Threat Reduc- ment of Defense; that were manufactured outside of the United tion programs of the Department of Defense (in- ‘‘(3) ensure that information technology and States. cluding with any prohibitions and limitations national security systems are interoperable with SEC. 325. MODIFICATION OF DEADLINE FOR SUB- applicable to such programs). other relevant information technology and na- MITTAL TO CONGRESS OF ANNUAL (D) An estimate of the funding to be required tional security systems of the Government and REPORTS ON ENVIRONMENTAL AC- and requested in future fiscal years for the ac- the Department of Defense; and TIVITIES. tivities set forth under subparagraph (B). ‘‘(4) coordinate with the Joint Staff with re- Section 2706 of title 10, United States Code, is (E) A proposed termination date for the Pro- spect to information technology and national se- amended by striking out ‘‘not later than 30 gram. curity systems. days’’ each place it appears in subsections (a), SEC. 328. SENSE OF CONGRESS REGARDING OIL ‘‘(c) DEFINITIONS.—In this section: (b), (c), and (d) and inserting in lieu thereof SPILL PREVENTION TRAINING FOR ‘‘(1) The term ‘Chief Information Officer’ ‘‘not later than 45 days’’. PERSONNEL ON BOARD NAVY VES- means the senior official designated by the Sec- SEC. 326. SUBMARINE SOLID WASTE CONTROL. SELS. retary of Defense or a Secretary of a military (a) SOLID WASTE DISCHARGE REQUIREMENTS.— (a) FINDINGS.—Congress makes the following department pursuant to section 3506 of title 44. Subsection (c)(2) of section 3 of the Act to Pre- findings: ‘‘(2) The term ‘information technology’ has vent Pollution from Ships (33 U.S.C. 1902) is (1) There have been six significant oil spills in the meaning given that term by section 5002 of amended— Puget Sound, Washington, in 1998, five at Puget the Clinger-Cohen Act of 1996 (40 U.S.C. 1401). (1) in subparagraph (A), by adding at the end Sound Naval Shipyard (including three from the ‘‘(3) The term ‘national security system’ has the following: U.S.S. Kitty Hawk, one from the U.S.S. Carl the meaning given that term by section 5142 of ‘‘(iii) With regard to a submersible, non-plas- Vinson, and one from the U.S.S. Sacramento) the Clinger-Cohen Act of 1996 (40 U.S.C. 1452).’’. tic garbage that has been compacted and and one at Naval Station Everett from the (2) The table of sections at the beginning of weighted to ensure negative buoyancy.’’; and U.S.S. Paul F. Foster. such chapter is amended by adding at the end (2) in subparagraph (B)(ii), by striking out (2) Navy personnel on board vessels, and not the following new item: ‘‘subparagraph (A)(ii)’’ and inserting in lieu shipyard employees, were primarily responsible ‘‘2223. Information technology: additional re- thereof ‘‘clauses (ii) and (iii) of subparagraph for a majority of these oil spills at Puget Sound sponsibilities of Chief Information (A)’’. Naval Shipyard. Officers.’’. (b) CONFORMING AMENDMENT.—Subsection (3) Oil spills have the potential to damage the (b) EFFECTIVE DATE.—Section 2223 of title 10, (e)(3)(A) of that section is amended by striking local environment, killing microscopic orga- United States Code, as added by subsection (a), out ‘‘garbage that contains more than the mini- nisms, contributing to air pollution, harming shall take effect on October 1, 1998. plants and marine animals, and increasing over- mum amount practicable of’’. SEC. 332. DEFENSE-WIDE ELECTRONIC MALL SYS- all pollution levels in Puget Sound. SEC. 327. ARCTIC MILITARY ENVIRONMENTAL CO- TEM FOR SUPPLY PURCHASES. (b) SENSE OF CONGRESS.—It is the sense of OPERATION PROGRAM. (a) ELECTRONIC MALL SYSTEM DEFINED.—In Congress that the Secretary of the Navy should (a) ACTIVITIES UNDER PROGRAM.—(1) Subject this section, the term ‘‘electronic mall system’’ to paragraph (2), activities under the Arctic take immediate action to significantly reduce means an electronic system for displaying, or- Military Environmental Cooperation Program of the risk of vessel oil spills, including the mini- dering, and purchasing supplies and materiel the Department of Defense shall include cooper- mization of fuel oil transfers, the assurance of available from sources within the Department of ative activities on environmental matters in the proper training and qualifications of all Naval Defense and from the private sector. personnel in occupations that may contribute to Arctic region with the military departments and (b) DEVELOPMENT AND MANAGEMENT.—(1) agencies of other countries, including the Rus- or minimize the risk of shipboard oil spills, and Using systems and technology available in the sian Federation. the improvement of liaison with local authorities Department of Defense as of the date of the en- (2) Activities under the Arctic Military Envi- concerning oil spill prevention and response ac- actment of this Act, the Joint Electronic Com- ronmental Cooperation Program may not in- tivities. merce Program Office of the Department of De- clude any activities for purposes for which Subtitle D—Information Technology Issues fense shall develop a single, defense-wide elec- funds for Cooperative Threat Reduction pro- SEC. 331. ADDITIONAL INFORMATION TECH- tronic mall system, which shall provide a single, grams have been denied or are prohibited, in- NOLOGY RESPONSIBILITIES OF defense-wide electronic point of entry and a sin- cluding the purposes for which funds are pro- CHIEF INFORMATION OFFICERS. gle view, access, and ordering capability for all hibited by section 1503 of the National Defense (a) IN GENERAL.—(1) Chapter 131 of title 10, Department of Defense electronic catalogs. The Authorization Act for Fiscal Year 1997 (Public United States Code, is amended by adding at the Secretary of each military department and the Law 104–201; 110 Stat. 2732). end the following new section: head of each Defense Agency shall provide to September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8113 the Joint Electronic Commerce Program Office timeline for the testing and certification of the (3) all mission critical systems that are ex- the necessary and requested data to ensure com- system as year 2000 compliant. pected to be used if the Armed Forces are in- pliance with this paragraph. (f) REQUIRED REPORT.—(1) Not later than De- volved in a conflict in a major theater of war (2) The Defense Logistics Agency, under the cember 1, 1998, the Secretary of Defense shall are tested in at least two exercises. direction of the Joint Electronic Commerce Pro- submit to the congressional defense committees a (c) COVERED MILITARY EXERCISES.—A military gram Office, shall be responsible for maintain- report describing— exercise referred to in this section is a military ing the defense-wide electronic mall system de- (A) an executable strategy to be used through- exercise conducted by the Department of De- veloped under paragraph (1). out the Department of Defense to test informa- fense, during the period beginning on January (c) ROLE OF CHIEF INFORMATION OFFICER.— tion technology and national security systems 1, 1999, and ending on September 30, 1999— for year 2000 compliance (to include functional The Chief Information Officer of the Depart- (1) under the training exercises program capability tests and military exercises); ment of Defense shall be responsible for— known as the ‘‘CJCS Exercise Program’’; (1) overseeing the elimination of duplication (B) the plans of the Department of Defense for (2) at the Naval Strike and Air Warfare Cen- and overlap among Department of Defense elec- ensuring that adequate resources (such as test- ing facilities, tools, and personnel) are available ter, the Army National Training Center, or the tronic catalogs; and Air Force Air Warfare Center; or (2) ensuring that such catalogs utilize tech- to ensure that all mission critical systems nologies and formats compliant with the re- achieve year 2000 compliance; and (3) as part of Naval Carrier Group fleet train- quirements of subsection (b). (C) the criteria and process to be used to cer- ing or Marine Corps Expeditionary Unit train- ing. (d) IMPLEMENTATION.—Within 180 days after tify a system as year 2000 compliant. (2) The report shall also include— the date of the enactment of this Act, the Chief (d) ALTERNATIVE TESTING METHOD.—In the (A) an updated list of all mission critical sys- Information Officer shall develop and provide to case of an information technology or national tems; and security system for which a simulated year 2000 the congressional defense committees— (B) guidelines for developing contingency (1) an inventory of all existing and planned test as part of a military exercise described in plans for the functioning of each information subsection (c) is not feasible or presents undue electronic mall systems in the Department of De- technology or national security system in the fense; and risk, the Secretary of Defense shall test the sys- event of a year 2000 problem in any such system. tem using a functional end-to-end test or (2) a schedule for ensuring that each such sys- (g) CAPABILITY CONTINGENCY PLANS.—Not through a Defense Major Range and Test Facil- tem is compliant with the requirements of sub- later than December 30, 1998, the Secretary of ity Base. The Secretary shall include the plans section (b). Defense shall have in place contingency plans for these tests in the plan required by subsection SEC. 333. PRIORITY FUNDING TO ENSURE YEAR to ensure continuity of operations for every crit- 2000 COMPLIANCE OF INFORMATION ical mission or function of the Department of (a). Tests under this subsection are in addition TECHNOLOGY AND NATIONAL SECU- Defense that is dependent on an information to the 25 tests required by subsection (b). RITY SYSTEMS. technology or national security system. (e) AUTHORITY FOR EXCLUSION OF SYSTEMS (a) FUNDS FOR COMPLETION OF YEAR 2000 (h) INSPECTOR GENERAL EVALUATION.—The NOT CAPABLE OF PERFORMING RELIABLY IN CONVERSION.—None of the funds authorized to Inspector General of the Department of Defense YEAR 2000 SIMULATION.—(1) In carrying out a be appropriated pursuant to this Act may (ex- shall selectively audit information technology year 2000 simulation exercise, the Secretary of cept as provided in subsection (b)) be obligated and national security systems certified as year Defense may exclude a particular information or expended on the development or moderniza- 2000 compliant to evaluate the ability of systems technology or national security system from the tion of any information technology or national to successfully operate during the actual year year 2000 simulation phase of the exercise if the security system of the Department of Defense in 2000, including the ability of the systems to ac- Secretary determines that the system would be use by the Department of Defense (whether or cess and transmit information from point of ori- incapable of performing reliably during the year not the system is a mission critical system) if the gin to point of termination. 2000 simulation phase of the exercise. In such a date-related data processing capability of that (i) DEFINITIONS.—For purposes of this section: case, the system excluded shall be replaced in system does not meet certification level 1a, 1b, or (1) The term ‘‘information technology’’ has accordance with the year 2000 contingency plan 2 (as prescribed in the April 1997 publication of the meaning given that term in section 5002 of for the system. the Department of Defense entitled ‘‘Year 2000 the Clinger-Cohen Act of 1996 (40 U.S.C. 1401). (2) If the Secretary of Defense excludes an in- Management Plan’’). (2) The term ‘‘national security system’’ has formation technology or national security sys- (b) EXCEPTION FOR CERTAIN INFORMATION the meaning given that term in section 5142 of tem from the year 2000 simulation phase of an TECHNOLOGY AND NATIONAL SECURITY SYS- such Act (40 U.S.C. 1452). exercise as provided in paragraph (1), the Sec- (3) The term ‘‘development or modernization’’ TEMS.—The limitation in subsection (a) does not retary shall notify Congress of that exclusion has the meaning given that term in paragraph apply to an obligation or expenditure for an in- not later than two weeks before commencing E of section 180203 of the Department of Defense formation technology or national security sys- that exercise. The notice shall include a list of Financial Management Regulation (DOD tem that is reported to the Office of the Sec- each information technology or national secu- 7000.14–R), but does not include any matter cov- retary of Defense by October 1, 1998, in accord- rity system excluded from the exercise, a de- ance with the preparation instructions for the ered by subparagraph 3 of that paragraph. (4) The term ‘‘current services’’ has the mean- scription of how the exercise will use the year May 1998 Department of Defense quarterly re- 2000 contingency plan for each such system, and port on the status of year 2000 compliance, if— ing given that term in paragraph C of section 180203 of the Department of Defense Financial a description of the effect that continued year (1) the obligation or expenditure is directly re- 2000 noncompliance of each such system would lated to ensuring that the reported system Management Regulation (DOD 7000.14–R). (5) The term ‘‘mission critical system’’ means have on military readiness. achieves year 2000 compliance; an information technology or national security (3) An information technology or national se- (2) the system is being developed and fielded system that is designated as mission critical in curity system with cryptological applications to replace, before January 1, 2000, a noncompli- the May 1998 Department of Defense quarterly that is not capable of having its internal clock ant system or a system to be terminated in ac- report on the status of year 2000 compliance. adjusted forward to a simulated later time is ex- cordance with the May 1998 Department of De- empt from the year 2000 simulation phase of an fense quarterly report on the status of year 2000 SEC. 334. EVALUATION OF YEAR 2000 COMPLI- ANCE AS PART OF TRAINING EXER- exercise under this section. compliance; or CISES PROGRAMS. (f) COMPTROLLER GENERAL REVIEW.—Not (3) the obligation or expenditure is required (a) REPORT ON EVALUATION PLAN.—Not later later than January 30, 1999, the Comptroller for a particular change that is specifically re- than December 15, 1998, the Secretary of Defense General shall review the report and plan submit- quired by law or that is specifically directed by shall submit to Congress a plan for the execu- ted under subsection (a) and submit to Congress the Secretary of Defense. tion of a simulated year 2000 as part of military a briefing evaluating the methodology to be used (c) UNALLOCATED REDUCTIONS OF FUNDS NOT exercises described in subsection (c) in order to under the plan to simulate the year 2000 and de- TO APPLY TO MISSION CRITICAL SYSTEMS.— evaluate, in an operational environment, the ex- scribing the potential information that will be Funds authorized to be appropriated pursuant tent to which information technology and na- to this Act for mission critical systems are not collected as a result of implementation of the tional security systems involved in those exer- plan, the adequacy of the planned tests, and the subject to any unallocated reduction of funds cises will successfully operate during the actual made by or otherwise applicable to funds au- impact that the plan will have on military readi- year 2000, including the ability of those systems ness. thorized to be appropriated pursuant to this to access and transmit information from point of Act. (g) DEFINITIONS.—For the purposes of this sec- origin to point of termination. tion: (d) CURRENT SERVICES OPERATIONS NOT AF- (b) EVALUATION OF COMPLIANCE IN SELECTED (1) The term ‘‘information technology’’ has FECTED.—Subsection (a) does not prohibit the EXERCISES.—In conducting the military exer- obligation or expenditure of funds for current cises described in subsection (c), the Secretary of the meaning given that term in section 5002 of services operations of information technology Defense shall ensure that— the Clinger-Cohen Act of 1996 (40 U.S.C. 1401). and national security systems. (1) at least 25 of those exercises (referred to in (2) The term ‘‘national security system’’ has (e) WAIVER AUTHORITY.—The Secretary of De- this section as ‘‘year 2000 simulation exercises’’) the meaning given that term in section 5142 of fense may waive subsection (a) on a case-by- are conducted so as to include a simulated year such Act (40 U.S.C. 1452). case basis with respect to an information tech- 2000 in accordance with the plan submitted (3) The term ‘‘mission critical system’’ means nology or national security system if the Sec- under subsection (a); an information technology or national security retary provides the congressional defense com- (2) at least two of those exercises are con- system that is designated as mission critical in mittees with written notice of the waiver, in- ducted by the commander of each unified or the May 1998 Department of Defense quarterly cluding the reasons for the waiver and a specified combatant command; and report on the status of year 2000 compliance. H8114 CONGRESSIONAL RECORD — HOUSE September 22, 1998 SEC. 335. CONTINUITY OF ESSENTIAL OPER- foreign government that render the systems not ‘‘(3) An analysis of a commercial or industrial ATIONS AT RISK OF FAILURE BE- year 2000 compliant. type function for possible change to perform- CAUSE OF INFORMATION TECH- (d) DEFINITIONS.—In this section: ance by the private sector shall include the fol- NOLOGY AND NATIONAL SECURITY (1) The term ‘‘year 2000 compliant’’, with re- lowing: SYSTEMS THAT ARE NOT YEAR 2000 spect to an information technology or national ‘‘(A) An examination of the cost of perform- COMPLIANT. security system of the United States or a com- ance of the function by Department of Defense (a) REPORT REQUIRED.—Not later than March puter-based system of a foreign government, civilian employees and by one or more private 31, 1999, the Secretary of Defense and the Direc- means that the system correctly recognizes dates contractors to demonstrate whether change to tor of Central Intelligence shall jointly submit to in years after 1999 as being dates after 1999 for performance by the private sector will result in the Committee on Armed Services of the Senate the purposes of system functions for which the savings to the Government over the life of the and the Committee on National Security of the correct date is relevant to the performance of contract, including in the examination the fol- House of Representatives a report on the plans the functions, consistent with certification level lowing: of the Department of Defense and the intel- 1a, 1b, or 2 (as prescribed in the April 1997 pub- ‘‘(i) The cost to the Government, estimated by ligence community for ensuring the continuity lication of the Department of Defense entitled the Secretary of Defense (based on offers re- of performance of essential operations that are ‘‘Year 2000 Management Plan’’). ceived), for performance of the function by the at risk of failure because of information tech- (2) The term ‘information technology’ has the private sector. nology and national security systems that are meaning given that term by section 5002 of the ‘‘(ii) The estimated cost to the Government of not year 2000 compliant. Clinger-Cohen Act of 1996 (40 U.S.C. 1401). Department of Defense civilian employees per- (b) CONTENT.—The report shall contain, at a (3) The term ‘national security system’ has the forming the function. minimum, the following: meaning given that term by section 5142 of the ‘‘(iii) In addition to the costs referred to in (1) A prioritization of mission critical systems Clinger-Cohen Act of 1996 (40 U.S.C. 1452). clause (i), an estimate of all other costs and ex- to ensure that the most critical systems have the Subtitle E—Defense Infrastructure Support penditures that the Government would incur be- highest priority for efforts to reprogram infor- Improvement cause of the award of such a contract. mation technology and national security sys- ‘‘(B) An examination of the potential eco- tems to be year 2000 compliant. SEC. 341. CLARIFICATION OF DEFINITION OF nomic effect of performance of the function by DEPOT-LEVEL MAINTENANCE AND (2) A discussion of the private and other pub- REPAIR. the private sector on the following: lic information and support systems relied on by Section 2460(a) of title 10, United States Code, ‘‘(i) Employees of the Department of Defense the national security community, including the is amended by inserting before the period at the who would be affected by such a change in per- intelligence community, and the efforts under end of the first sentence the following: ‘‘or the formance. ‘‘(ii) The local community and the Govern- way to ensure that those systems are year 2000 location at which the maintenance or repair is ment, if more than 75 employees of the Depart- compliant. performed’’. (3) The efforts under way to repair the under- ment of Defense perform the function. SEC. 342. REPORTING AND ANALYSIS REQUIRE- lying operating systems and infrastructure. ‘‘(C) An examination of the effect of perform- MENTS BEFORE CHANGE OF COM- ance of the function by the private sector on the (4) The plans for comprehensive testing of De- MERCIAL AND INDUSTRIAL TYPE partment of Defense systems, including simu- FUNCTIONS TO PRIVATE SECTOR military mission associated with the perform- lated operational tests in mission areas. PERFORMANCE. ance of the function. (5) A comprehensive contingency plan, for the (a) IN GENERAL.—Section 2461 of title 10, ‘‘(4)(A) A representative individual or entity entire national security community, which pro- United States Code, is amended— at a facility where a commercial or industrial vides for resolving emergencies resulting from a (1) by redesignating subsections (c) and (g) as type function is analyzed for possible change in system that is not year 2000 compliant and in- subsections (g) and (h), respectively, and trans- performance may submit to the Secretary of De- cludes provision for the creation of crisis action ferring subsection (g), as so redesignated, to ap- fense an objection to the analysis on the teams for use in resolving such emergencies. pear after subsection (f); and grounds that the report required by paragraph (6) A discussion of the efforts undertaken to (2) by striking out subsections (a) and (b) and (1) has not been submitted or that the certifi- ensure the continued reliability of service on the inserting in lieu thereof the following new sub- cation required by paragraph (1)(E) is not in- systems used by the President and other leaders sections: cluded in the report submitted as a condition for of the United States for communicating with the ‘‘(a) REPORTING AND ANALYSIS REQUIREMENTS the analysis. The objection shall be in writing leaders of other nations. AS PRECONDITION TO CHANGE IN PERFORM- and shall be submitted within 90 days after the (7) A discussion of the vulnerability of allied ANCE.—A commercial or industrial type function following date: armed forces to the failure of systems that are of the Department of Defense that, as of October ‘‘(i) In the case of a failure to submit the re- not, or have critical components that are not, 1, 1980, was being performed by Department of port when required, the date on which the rep- year 2000 compliant, together with an assess- Defense civilian employees may not be changed resentative individual or an official of the rep- ment of the potential problems for interoper- to performance by the private sector until the resentative entity authorized to pose the objec- ability among the Armed Forces of the United Secretary of Defense fully complies with the re- tion first knew or should have known of that States and allied armed forces because of the po- porting and analysis requirements specified in failure. ‘‘(ii) In the case of a failure to include the cer- tential for failure of such systems. subsections (b) and (c). tification in a submitted report, the date on (8) An estimate of the total cost of making in- ‘‘(b) NOTIFICATION AND ELEMENTS OF ANALY- SIS.—(1) Before commencing to analyze a com- which the report was submitted to Congress. formation technology and national security sys- ‘‘(B) If the Secretary determines that the re- tems of the Department of Defense and the in- mercial or industrial type function described in subsection (a) for possible change to perform- port required by paragraph (1) was not submit- telligence community year 2000 compliant. ted or that the required certification was not in- (9) The countries that have critical computer- ance by the private sector, the Secretary of De- fense shall submit to Congress a report contain- cluded in the submitted report, the commercial based systems any disruption of which, due to or industrial type function covered by the anal- not being year 2000 compliant, would cause a ing the following: ‘‘(A) The function to be analyzed for possible ysis to which objected may not be the subject of significant potential national security risk to change. a solicitation of offers for, or award of, a con- the United States. ‘‘(B) The location at which the function is tract until, respectively, the report is submitted (10) A discussion of the cooperative arrange- performed by Department of Defense civilian or a report containing the certification in full ments between the United States and other na- employees. compliance with the certification requirement is tions to assist those nations in identifying and ‘‘(C) The number of civilian employee posi- submitted. correcting (to the extent necessary to meet na- tions potentially affected. ‘‘(c) NOTIFICATION OF DECISION.—(1) If, as a tional security interests of the United States) ‘‘(D) The anticipated length and cost of the result of the completion of the examinations any problems in their communications and stra- analysis. under subsection (b)(3), a decision is made to tegic systems, or other systems identified by the ‘‘(E) A certification that a proposed perform- change the commercial or industrial type func- Secretary of Defense, that make the systems not ance of the commercial or industrial type func- tion that was the subject of the analysis to per- year 2000 compliant. tion by persons who are not civilian employees formance by the private sector, the Secretary of (11) A discussion of the threat posed to the of the Department of Defense is not a result of Defense shall submit to Congress a report de- national security interests of the United States a decision by an official of a military depart- scribing that decision. The report shall contain from any potential failure of strategic systems of ment or Defense Agency to impose predeter- the following: foreign countries that are not year 2000 compli- mined constraints or limitations on such em- ‘‘(A) An indication that the examinations re- ant. ployees in terms of man years, end strengths, quired under subsection (b)(3) have been com- (c) INTERNATIONAL COOPERATIVE ARRANGE- full-time equivalent positions, or maximum num- pleted. MENTS.—The Secretary of Defense, with the con- ber of employees. ‘‘(B) The Secretary’s certification that the currence of the Secretary of State, may enter ‘‘(2) The duty to prepare a report under para- Government calculation of the cost of perform- into a cooperative arrangement with a rep- graph (1) may be delegated. A report prepared ance of the function by Department of Defense resentative of any foreign government to provide below the major command or claimant level of a civilian employees is based on an estimate of the for the United States to assist the foreign gov- military department, or below the equivalent most cost effective manner for performance of ernment in identifying and correcting (to the ex- level in a Defense Agency, pursuant to any such the function by Department of Defense civilian tent necessary to meet national security inter- delegation shall be reviewed at the major com- employees. ests of the United States) any problems in com- mand, claimant level, or equivalent level, as the ‘‘(C) The Secretary’s certification that the ex- munications, strategic, or other systems of that case may be, before submission to Congress. amination required by subsection (b)(3)(A) as September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8115 part of the analysis demonstrates that the per- gram, employing one or more of the following plan for the use of Smart Card technology by formance of the function by the private sector technologies: each military department. The Secretary shall will result in savings to the Government over the (A) Magnetic stripe. include in the plan an estimate of the costs of life of the contract. (B) Bar codes, both linear and two-dimen- the plan, the savings to be derived from carrying ‘‘(D) The Secretary’s certification that the en- sional (including matrix symbologies). out the plan, and a description of the ways in tire analysis is available for examination. (C) Smart Card. which the Department of Defense will review ‘‘(E) A schedule for completing the change to (D) Optical memory. and revise business practices to take advantage performance of the function by the private sec- (E) Personal computer memory card inter- of Smart Card technology. tor. national association carriers. SEC. 345. CONTRACTOR-OPERATED CIVIL ENGI- ‘‘(2) The change of the function to contractor (F) Any other established or emerging auto- NEERING SUPPLY STORES PRO- performance may not begin until after the sub- mated identification technology, including bio- GRAM. mission of the report required by this sub- metrics and radio frequency identification. (a) DEFINITIONS.—In this section: section.’’. (2) The term ‘‘Smart Card’’ means a credit (1) The term ‘‘contractor-operated civil engi- (b) DEFINITION OF SMALL FUNCTION FOR card size device that contains one or more inte- neering supply store’’ means a Government- WAIVER PURPOSES.—Subsection (d) of section grated-circuits. owned facility that, as of the date of the enact- 2461 of title 10, United States Code, is amended (b) ESTABLISHMENT OF AUTOMATED IDENTI- ment of this Act, is operated by a contractor by striking out ‘‘20’’ and inserting in lieu there- FICATION TECHNOLOGY OFFICE.—(1) The Sec- under the contractor-operated civil engineering of ‘‘50’’. retary of Defense shall establish an Automated supply store program of the Department of the (c) CONFORMING AMENDMENTS.—(1) Sub- Identification Technology Office within the De- Air Force (known as the ‘‘COCESS program’’) sections (d) and (e) of section 2461 of title 10, partment of Defense that shall be responsible for the purpose of— United States Code, are amended by inserting for— (A) maintaining inventories of civil engineer- ‘‘and subsection (g)’’ after ‘‘Subsections (a) (A) overseeing the development and implemen- ing supplies on behalf of a military department; through (c)’’. tation of all automated identification tech- and (2) Subsections (e)(2) and (f)(1) of such section nology programs in the Department; and (B) furnishing such supplies to the depart- are amended by striking out ‘‘converted’’ and (B) coordinating automated identification ment as needed. (2) The term ‘‘civil engineering supplies’’ inserting in lieu thereof ‘‘changed’’. technology programs with the Joint Staff, the (3) Subsection (f)(2) of such section is amend- Secretaries of the military departments, and the means parts and supplies needed for the repair ed by striking out ‘‘conversion’’ and inserting in directors of the Defense Agencies. and maintenance of military installations. (b) FINDINGS.—Congress finds the following: lieu thereof ‘‘change’’. (2) After the date of the enactment of this Act, funds appropriated for the Department of De- (1) In 1970, the Strategic Air Command of the (d) EFFECTIVE DATE.—The amendments made Air Force began to use contractor-operated civil by this section shall take effect on the date of fense may not be obligated for an automated identification technology program unless the engineering supply stores to improve the effi- the enactment of this Act, but the amendments ciency and effectiveness of materials manage- shall not apply with respect to a conversion of program has been reviewed and approved by the Automated Identification Technology Office. ment and relieve the Air Force from having to a function of the Department of Defense to per- maintain large inventories of civil engineering formance by a private contractor concerning Pending the establishment of the Automated Identification Technology Office, the review supplies. which the Secretary of Defense provided to Con- (2) Contractor-operated civil engineering sup- gress, before the date of the enactment of this and approval of a program by the Smartcard Technology Office of the Defense Human Re- ply stores are designed to support the civil engi- Act, a notification under paragraph (1) of sec- neering and public works efforts of the Armed tion 2461(a) of title 10, United States Code, as in sources Field Activity of the Department of De- fense shall be sufficient to satisfy the require- Forces through the provision of quality civil en- effect on the day before the date of the enact- gineering supplies at competitive prices and ment of this Act. ments of this paragraph even if the approval was given before the date of the enactment of within a reasonable period of time. SEC. 343. NOTIFICATIONS OF DETERMINATIONS (3) Through the use of a contractor-operated this Act. OF MILITARY ITEMS AS BEING COM- civil engineering supply store, a guaranteed in- (3) As part of its oversight responsibilities, the MERCIAL ITEMS FOR PURPOSES OF ventory level of civil engineering supplies is Automated Identification Technology Office THE EXCEPTION TO REQUIREMENTS maintained at a military installation, which en- REGARDING CORE LOGISTICS CAPA- shall establish standards designed— sures that urgently needed civil engineering BILITIES. (A) to ensure the compatibility and interoper- supplies are available on site. (a) REQUIREMENT.—Section 2464 of title 10, ability of automated identification technology (4) The contractor operating the contractor- United States Code, is amended by adding at the programs in the Department of Defense; and operated civil engineering supply store is an end the following: (B) to identify and terminate redundant, in- independent business organization whose cus- ‘‘(c) NOTIFICATION OF DETERMINATIONS RE- feasible, or uneconomical automated identifica- tomer is a military department and the Armed GARDING CERTAIN COMMERCIAL ITEMS.—The tion technology programs. Forces and who is subject to all the rules of pri- first time that a weapon system or other item of (c) FUNDING FOR INCREASED USE OF SMART vate business and the regulations of the Govern- military equipment described in subsection (a)(3) CARDS.—(1) Of the funds available for the Navy ment. is determined to be a commercial item for the for fiscal year 1999 for operation and mainte- (5) The use of contractor-operated civil engi- purposes of the exception contained in that sub- nance, the Secretary of the Navy shall allocate neering supply stores ensures the best price and section, the Secretary of Defense shall submit to sufficient amounts, up to $25,000,000, for the best buy for the Government. Congress a notification of the determination, to- purpose of making significant progress toward (6) Ninety-five percent of the cost savings re- gether with the justification for the determina- ensuring that Smart Cards with a multi-applica- alized through the use of contractor-operated tion. The justification for the determination tion, multi-technology automated reading capa- civil engineering supply stores is due to savings shall include, at a minimum, the following: bility are issued and used throughout the Navy in the cost of actually procuring supplies. ‘‘(1) The estimated percentage of commonality and the Marine Corps for purposes for which (7) In the past 30 years, private contractors of parts of the version of the item that is sold or Smart Cards are suitable. have never lost a cost comparison conducted leased in the commercial marketplace and the (2) Not later than June 30, 1999, the Secretary pursuant to the criteria set forth in Office of Government’s version of the item. of the Navy shall equip with Smart Card tech- Management and Budget Circular A–76 for the ‘‘(2) The value of any unique support and test nology at least one carrier battle group, one car- provision of civil engineering supplies to the equipment and tools that are necessary to sup- rier air wing, and one amphibious readiness Government. port the military requirements if the item were group (including the Marine Corps units em- (c) CONDITIONS ON MULTI-FUNCTION CON- maintained by the Government. barked on the vessels of such battle and readi- TRACTS.—A civil engineering supplies function ‘‘(3) A comparison of the estimated life cycle ness groups) in each of the United States Atlan- that is performed, as of the date of the enact- logistics support costs that would be incurred by tic Command and the United States Pacific ment of this Act, by a contractor-operated civil the Government if the item were maintained by Command. engineering supply store may not be combined the private sector with the estimated life cycle (3) None of the funds appropriated pursuant with another supply function or any service logistics support costs that would be incurred by to any authorization of appropriations in this function, including any base operating support the Government if the item were maintained by Act may be expended after June 30, 1999, for the function, for purposes of competition or con- the Government.’’. procurement of the Joint Uniformed Services tracting, until 60 days after the date on which (b) APPLICABILITY.—Subsection (c) of section Identification card for members of the Navy or the Secretary of Defense submits to Congress a 2464 of title 10, United States Code (as added by the Marine Corps or for the issuance of such report— subsection (a)), shall apply with respect to de- card to such members, until the Secretary of the (1) notifying Congress of the proposed com- terminations made after the date of the enact- Navy certifies in writing to the Committee on bined competition or contract; and ment of this Act. Armed Services of the Senate and the Committee (2) explaining why a combined competition or SEC. 344. OVERSIGHT OF DEVELOPMENT AND IM- on National Security of the House of Represent- contract is the best method by which to achieve PLEMENTATION OF AUTOMATED atives that the Secretary has completed the cost savings and efficiencies to the Government. IDENTIFICATION TECHNOLOGY. issuance of Smart Cards in accordance with (d) GAO REVIEWS.—Not later than 50 days (a) DEFINITIONS.—In this section: paragraph (2). after the date on which the Secretary of Defense (1) The term ‘‘automated identification tech- (d) DEFENSE-WIDE PLAN.—Not later than submits a report to Congress under subsection nology program’’ means a program in the De- March 31, 1999, the Secretary of Defense shall (c), the Comptroller General shall review the re- partment of Defense, including any pilot pro- submit to the congressional defense committees a port and submit to Congress a briefing regarding H8116 CONGRESSIONAL RECORD — HOUSE September 22, 1998 whether the cost savings and efficiencies identi- Agency submits to Congress a schedule for im- under this section. The Comptroller General fied in the report are achievable. plementing best commercial inventory practices shall perform the review if the Secretary selects (e) RELATIONSHIP TO OTHER LAWS.—If a civil under section 395 of the National Defense Au- the Comptroller General to do so. engineering supplies function covered by sub- thorization Act for Fiscal Year 1998 (Public Law (c) CONSULTATION.—Regardless of the entity section (c) is proposed for combination with a 105–85; 111 Stat. 1718; 10 U.S.C. 2458 note), the selected by the Secretary under subsection (b) to supply or service function that is subject to the Comptroller General shall submit to Congress an perform the review, the entity shall perform the study and reporting requirements of section 2461 evaluation of the extent to which best commer- review in consultation with persons in the pri- of title 10, United States Code, the Secretary of cial inventory practices are being implemented vate sector who have expertise and experience in Defense may include the report required under in the Defense Logistics Agency in accordance performing in the private sector functions simi- subsection (c) as part of the report under such with that schedule. lar to the functions performed by the Defense section. SEC. 348. PERSONNEL REDUCTIONS IN ARMY MA- Automated Printing Service. If such a person SEC. 346. CONDITIONS ON EXPANSION OF FUNC- TERIEL COMMAND. obtains any privileged information (as defined TIONS PERFORMED UNDER PRIME Not later than March 31, 1999, the Comptroller by the Secretary of Defense) as a result of par- VENDOR CONTRACTS FOR DEPOT- ticipating in the review, the person may not re- LEVEL MAINTENANCE AND REPAIR. General shall submit to the congressional de- fense committees a report concerning— ceive a contract, either through the Department (a) CONDITIONS ON EXPANDED USE.—The Sec- of Defense or the Government Printing Office, to retary of Defense or the Secretary of a military (1) the effect that the quadrennial defense re- provide services for the Department of Defense department, as the case may be, may not enter view’s proposed personnel reductions in the similar to the functions performed by the De- into a prime vendor contract for depot-level Army Materiel Command will have on workload fense Automated Printing Service for a one-year maintenance and repair of a weapon system or and readiness if implemented; and period beginning on the date the report is sub- other military equipment described in section (2) the projected cost savings from such reduc- mitted to the Secretary of Defense under sub- 2464(a)(3) of title 10, United States Code, before tions and the manner in which such savings are section (e). the end of the 30-day period beginning on the expected to be achieved. (d) ELEMENTS OF REVIEW.—In performing the date on which the Secretary submits to Congress SEC. 349. INVENTORY MANAGEMENT OF IN-TRAN- SIT ITEMS. review under this section, the entity selected a report, specific to the proposed contract, under subsection (b) shall specifically address that— (a) REQUIREMENT FOR PLAN.—Not later than March 1, 1999, the Secretary of Defense shall the following: (1) describes the competitive procedures to be (1) The functions performed by the Defense submit to Congress a comprehensive plan to en- used to award the prime vendor contract; and Automated Printing Service. (2) contains an analysis of costs and benefits sure visibility over all in-transit end items and (2) The functions of the Defense Automated that demonstrates that use of the prime vendor secondary items. Printing Service that are inherently national se- contract will result in savings to the Govern- (b) END ITEMS.—The plan required by sub- curity functions and, as such, need to be per- ment over the life of the contract. section (a) shall address the specific mechanisms formed within the Department of Defense. (b) DEFINITIONS.—In this section: to be used to enable the Department of Defense (3) The functions of the Defense Automated (1) The term ‘‘prime vendor contract’’ means to identify at any time the quantity and loca- Printing Service that are appropriate for trans- an innovative contract that gives a defense con- tion of all end items. fer to another appropriate entity to perform, in- tractor the responsibility to manage, store, and (c) SECONDARY ITEMS.—The plan required by cluding a private sector entity. distribute inventory, manage and provide serv- subsection (a) shall address the following prob- (4) The appropriate management structure of ices, or manage and perform research, on behalf lems with Department of Defense management the Defense Automated Printing Service, the ef- of the Department of Defense on a frequent, reg- of inventories of in-transit secondary items: fectiveness of the current structure of the De- ular basis, for users within the Department on (1) The vulnerability of in-transit secondary fense Automated Printing Service in supporting request. The term includes contracts commonly items to loss through fraud, waste, and abuse. current and future customer requirements, and referred to as prime vendor support contracts, (2) Loss of oversight of in-transit secondary any plans to address any deficiencies in sup- flexible sustainment contracts, and direct ven- items, including any loss of oversight when porting such requirements. dor delivery contracts. items are being transported by commercial car- (5) The current and future requirements of (2) The term ‘‘depot-level maintenance and re- riers. customers of the Defense Automated Printing pair’’ has the meaning given such term in sec- (3) Loss of accountability for in-transit sec- Service. tion 2460 of title 10, United States Code. ondary items due to either a delay of delivery of (6) The best business practices that are used (c) RELATIONSHIP TO OTHER LAWS.—Nothing the items or a lack of notification of a delivery by the Defense Automated Printing Service and in this section shall be construed to exempt a of the items. other best business practices that could be used prime vendor contract from the requirements of (d) CONTENT OF PLAN.—The plan shall in- by the Defense Automated Printing Service. section 2461 of title 10, United States Code, or clude for subsection (b) and for each of the (7) Options for maximizing the Defense Auto- any other provision of chapter 146 of such title. problems described in subsection (c) the follow- mated Printing Service structure and services to SEC. 347. BEST COMMERCIAL INVENTORY PRAC- ing information: provide the most cost effective service to its cus- TICES FOR MANAGEMENT OF SEC- (1) The actions to be taken by the Depart- tomers. ONDARY SUPPLY ITEMS. ment. (e) REPORT ON RESULTS OF REVIEW.—The en- (a) DEVELOPMENT AND SUBMISSION OF SCHED- (2) Statements of objectives. tity performing the review under this section ULE.—Not later than 180 days after the date of (3) Performance measures and schedules. shall submit to the Secretary of Defense a report the enactment of this Act, the Secretary of each that sets forth the results of the review. In addi- military department shall submit to Congress a (4) An identification of any resources nec- essary for implementing the required actions, to- tion to specifically addressing the matters speci- schedule for implementing within the military fied in subsection (d), the report shall also in- department, for secondary supply items man- gether with an estimate of the annual costs. (e) GAO REVIEWS.—(1) Not later than 60 days clude the following: aged by that military department, inventory (1) A list of all sites where functions of the practices identified by the Secretary as being the after the date on which the Secretary of Defense submits the plan to Congress, the Comptroller Defense Automated Printing Service are per- best commercial inventory practices for the ac- formed by the Defense Automated Printing Serv- quisition and distribution of such supply items General shall review the plan and submit to Congress any comments that the Comptroller ice. consistent with military requirements. The (2) The total number of the personnel em- schedule shall provide for the implementation of General considers appropriate regarding the plan. ployed by the Defense Automated Printing Serv- such practices to be completed not later than ice and the locations where the personnel per- five years after the date of the enactment of this (2) The Comptroller General shall monitor any implementation of the plan and, not later than form the duties as employees. Act. (3) For each site identified under paragraph one year after the date referred to in paragraph (b) DEFINITION.—For purposes of this section, (1), an assessment of each type of equipment at (1), submit to Congress an assessment of the ex- the term ‘‘best commercial inventory practice’’ the site. includes cellular repair processes, use of third- tent to which the plan has been implemented. (4) The types and explanation of the net- party logistics providers, and any other practice SEC. 350. REVIEW OF DEFENSE AUTOMATED working and technology integration linking all that the Secretary of the military department PRINTING SERVICE FUNCTIONS. of the sites referred to in paragraph (1). determines will enable the military department (a) REVIEW REQUIRED.—The Secretary of De- (5) For each function of the Defense Auto- to reduce inventory levels while improving the fense shall provide for a review of the functions mated Printing Service determined to be an in- responsiveness of the supply system to user of the Defense Automated Printing Service in herently national security function under sub- needs. accordance with this section and shall submit to section (d)(2), a detailed justification for the de- (c) GAO REPORTS ON MILITARY DEPARTMENT the Committee on Armed Services of the Senate termination. AND DEFENSE LOGISTICS AGENCY SCHEDULES.— and the Committee on National Security of the (6) For each function of the Defense Auto- (1) Not later than 240 days after the date of the House of Representatives the matters required mated Printing Service determined to be appro- enactment of this Act, the Comptroller General under subsection (f) not later than March 31, priate for transfer under subsection (d)(3), a de- shall submit to Congress a report evaluating the 1999. tailed assessment of the costs or savings associ- extent to which the Secretary of each military (b) PERFORMANCE BY INDEPENDENT ENTITY.— ated with the transfer. department has complied with the requirements The Secretary of Defense shall select the Gen- (f) REVIEW AND COMMENTS OF SECRETARY OF of this section. eral Accounting Office, an experienced entity in DEFENSE.—(1) After reviewing the report submit- (2) Not later than 18 months after the date on the private sector, or any other entity outside ted under subsection (e), the Secretary of De- which the Director of the Defense Logistics the Department of Defense to perform the review fense shall submit the report to Congress. The September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8117 Secretary shall include with the report the fol- shall include, at a minimum, appropriate rep- ‘‘1064. Use of commissary stores: persons quali- lowing: resentatives from each military department. fied for retired pay under chapter (1) The Secretary’s comments and rec- ‘‘(3) The governing board shall be accountable 1223 but under age 60.’’. ommendations regarding the report. only to the Secretary of Defense and to the civil- SEC. 363. COSTS PAYABLE TO THE DEPARTMENT (2) A plan to transfer to another appropriate ian officer of the Department of Defense who is OF DEFENSE AND OTHER FEDERAL entity, or contract with another appropriate en- assigned the responsibility for the overall super- AGENCIES FOR SERVICES PROVIDED tity for, the performance of the functions of the vision of the Defense Commissary Agency pursu- TO THE DEFENSE COMMISSARY Defense Automated Printing Service that— ant to section 192(a) of this title. The Director of AGENCY. (A) are not identified in the review as being the Defense Commissary Agency shall be ac- (a) LIMITATION.—Section 2482(b)(1) of title 10, inherently national security functions; and countable to and report to the board.’’. United States Code, is amended by adding at the (B) the Secretary believes should be trans- SEC. 362. EXPANSION OF CURRENT ELIGIBILITY end the following: ‘‘However, the Defense Com- ferred or contracted for performance outside the OF RESERVES FOR COMMISSARY missary Agency may not pay for any such serv- Department of Defense in accordance with law. BENEFITS. ice provided by the United States Transpor- (3) Any recommended legislation and any ad- (a) DAYS OF ELIGIBILITY FOR READY RESERVE tation Command any amount that exceeds the ministrative action that is necessary for trans- MEMBERS WITH 50 CREDITABLE POINTS.—Section price at which the service could be procured ferring or contracting for the performance of the 1063 of title 10, United States Code, is amend- through full and open competition, as such term functions. ed— is defined in section 4(6) of the Office of Federal (g) EXTENSION OF REQUIREMENT FOR COM- (1) by striking out subsection (b); and Procurement Policy Act (41 U.S.C. 403(6)).’’. PETITIVE PROCUREMENT OF SERVICES.—Section (2) in subsection (a)— (b) EFFECTIVE DATE.—The amendment made 351(a) of the National Defense Authorization (A) by striking out ‘‘(1)’’; by subsection (a) shall apply with respect to Act for Fiscal Year 1996 (Public Law 104–106; (B) by striking out ‘‘12 days of eligibility’’ and services provided or obtained on or after the 110 Stat. 266), as amended by section 351(a) of inserting in lieu thereof ‘‘24 days of eligibility’’; date of the enactment of this Act. the National Defense Authorization Act for Fis- and SEC. 364. COLLECTION OF DISHONORED CHECKS cal Year 1997 (Public Law 104–201; 110 Stat. (C) by striking out ‘‘(2) Paragraph (1)’’ and PRESENTED AT COMMISSARY 2490) and section 387(a)(1) of the National De- inserting in lieu thereof ‘‘(b) EFFECT OF COM- STORES. fense Authorization Act for Fiscal Year 1998 PENSATION OR TYPE OF DUTY.—Subsection (a)’’. Section 2486 of title 10, United States Code, is (Public Law 105–85; 111 Stat. 1713), is further (b) DAYS OF ELIGIBILITY FOR RESERVE RETIR- amended by adding at the end the following amended by striking out ‘‘1998’’ and inserting in EES UNDER AGE 60.—Section 1064 of such title is new subsection: lieu thereof ‘‘1999’’. amended by striking out ‘‘for 12 days each cal- ‘‘(g) COLLECTION OF DISHONORED CHECKS.— SEC. 351. DEVELOPMENT OF PLAN FOR ESTAB- endar year’’ and inserting in lieu thereof ‘‘for 24 (1) The Secretary of Defense may impose a LISHMENT OF CORE LOGISTICS CA- days each calendar year’’. charge for the collection of a check accepted at PABILITIES FOR MAINTENANCE AND (c) ELIGIBILITY OF MEMBERS OF NATIONAL a commissary store that is not honored by the fi- REPAIR OF C–17 AIRCRAFT. GUARD SERVING IN FEDERALLY DECLARED DISAS- nancial institution on which the check is (a) PLAN REQUIRED.—Not later than March 1, TER.—Chapter 54 of such title is amended by in- drawn. The imposition and amounts of charges 1999, the Secretary of the Air Force shall submit serting after section 1063 the following new sec- shall be consistent with practices of commercial to Congress a plan for the establishment of the tion: grocery stores regarding dishonored checks. core logistics capabilities for the C–17 aircraft ‘‘§ 1063a. Use of commissary stores and MWR ‘‘(2)(A) The following persons are liable to the consistent with the requirements of section 2464 retail facilities: members of National Guard United States for the amount of a check referred of title 10, United States Code. serving in federally declared disaster to in paragraph (1) that is returned unpaid to (b) EFFECT ON EXISTING CONTRACT.—After ‘‘(a) ELIGIBILITY OF MEMBERS.—A member of the United States, together with any charge im- March 1, 1999, the Secretary of the Air Force the National Guard who, although not in Fed- posed under that paragraph: may not extend the Interim Contract for the C– eral service, is called or ordered to duty in re- ‘‘(i) The person who presented the check. 17 Flexible Sustainment Program before the end sponse to a federally declared disaster shall be ‘‘(ii) Any person whose status and relation- of the 60-day period beginning on the date on permitted to use commissary stores and MWR re- ship to the person who presented the check pro- which the plan required by subsection (a) is re- tail facilities during the period of such duty on vide the basis for that person’s eligibility to ceived by Congress. the same basis as members of the armed forces make purchases at a commissary store. (c) COMPTROLLER GENERAL REVIEW.—During ‘‘(B) Any amount for which a person is liable the period specified in subsection (b), the Comp- on active duty. ‘‘(b) ELIGIBILITY OF DEPENDENTS.—A depend- under subparagraph (A) may be collected by de- troller General shall review the plan required ent of a member of the National Guard who is ducting and withholding such amount from any under subsection (a) and submit to Congress a permitted under subsection (a) to use com- amounts payable to that person by the United report evaluating the merits of the plan. missary stores and MWR retail facilities shall be States. Subtitle F—Commissaries and permitted to use such stores and facilities, dur- ‘‘(3) Amounts collected as charges imposed Nonappropriated Fund Instrumentalities ing the same period as the member, on the same under paragraph (1) shall be credited to the SEC. 361. CONTINUATION OF MANAGEMENT AND basis as dependents of members of the armed commissary trust revolving fund. FUNDING OF DEFENSE COMMISSARY forces on active duty. ‘‘(4) Appropriated funds may be used to pay AGENCY THROUGH THE OFFICE OF ‘‘(c) DEFINITIONS.—In this section: any costs incurred in the collection of checks THE SECRETARY OF DEFENSE. ‘‘(1) FEDERALLY DECLARED DISASTER.—The and charges referred to in paragraph (1). An ap- (a) MANAGEMENT AND FUNDING RESPONSIBIL- term ‘federally declared disaster’ means a disas- propriation account charged a cost under the ITIES.—Section 192 of title 10, United States ter or other situation for which a Presidential preceding sentence shall be reimbursed the Code, is amended by adding at the end the fol- declaration of major disaster is issued under sec- amount of that cost out of funds in the com- lowing new subsection: tion 401 of the Robert T. Stafford Disaster Relief missary trust revolving fund. ‘‘(d) SPECIAL RULE FOR DEFENSE COMMISSARY and Emergency Assistance Act (42 U.S.C. 5170). ‘‘(5) In this subsection, the term ‘commissary AGENCY.—Notwithstanding the results of any ‘‘(2) MWR RETAIL FACILITIES.—The term trust revolving fund’ means the trust revolving periodic review under subsection (c) with regard ‘MWR retail facilities’ has the meaning given fund maintained by the Department of Defense to the Defense Commissary Agency, the Sec- that term in section 1065(e) of this title.’’. for surcharge collections and proceeds of sales retary of Defense may not transfer to the Sec- (d) SECTION HEADINGS.—(1) The heading of of commissary stores.’’. retary of a military department the responsibil- section 1063 of such title is amended to read as SEC. 365. RESTRICTIONS ON PATRON ACCESS TO, ity to manage and fund the provision of services follows: AND PURCHASES IN, OVERSEAS COM- and supplies provided by the Defense Com- ‘‘§ 1063. Use of commissary stores: members of MISSARIES AND EXCHANGE STORES. missary Agency unless the transfer of the man- Ready Reserve with at least 50 creditable (a) AUTHORITY TO IMPOSE RESTRICTIONS; LIM- agement and funding responsibility is specifi- points’’. ITATIONS ON AUTHORITY.—Chapter 147 of title cally authorized by a law enacted after the date (2) The heading of section 1064 of such title is 10, United States Code, is amended by adding at of the enactment of this subsection.’’. the end the following new section: (b) GOVERNING BOARD.—Section 2482 of such amended to read as follows: title is amended by adding at the end the follow- ‘‘§ 1064. Use of commissary stores: persons ‘‘§ 2492. Overseas commissary and exchange ing new subsection: qualified for retired pay under chapter 1223 stores: access and purchase restrictions ‘‘(c) GOVERNING BOARD.—(1) Notwithstanding but under age 60’’. ‘‘(a) GENERAL AUTHORITY.—(1) The Secretary section 192(d) of this title, the Secretary of De- (e) CLERICAL AMENDMENT.—The table of sec- of Defense may establish restrictions on the abil- fense shall establish a governing board for the tions at the beginning of chapter 54 of such title ity of eligible patrons of commissary and ex- commissary system to provide advice to the Sec- is amended by striking out the items relating to change stores located outside of the United retary regarding the prudent operation of the sections 1063 and 1064 and inserting in lieu States to purchase certain merchandise items (or commissary system and to assist in the overall thereof the following items: the quantity of certain merchandise items) oth- supervision of the Defense Commissary Agency. ‘‘1063. Use of commissary stores: members of erwise included within an authorized merchan- The Secretary may authorize the board to have Ready Reserve with at least 50 dise category if the Secretary determines that such supervisory authority as the Secretary con- creditable points. such restrictions are necessary to prevent the re- siders appropriate to permit the board to carry ‘‘1063a. Use of commissary stores and MWR re- sale of such merchandise in violation of treaty out its responsibilities. tail facilities: members of National obligations of the United States or host nation ‘‘(2) The Secretary of Defense shall determine Guard serving in federally de- laws (to the extent such laws are not inconsist- the membership of the governing board, which clared disaster. ent with United States laws). H8118 CONGRESSIONAL RECORD — HOUSE September 22, 1998 ‘‘(2) In establishing a quantity or other re- Congress a notification that the service has been quirement under this paragraph for reimburse- striction, the Secretary— initiated. ment for educational services provided for the ‘‘(A) may not discriminate among the various (c) DEFINITION.—In this section, the term dependent shall apply with respect to the de- categories of eligible patrons of the commissary ‘‘FTS 2000 / 2001 contract’’ means the contract pendent, except that the Secretary may require and exchange system; and for the provision of telecommunication services the United States Customs Service to reimburse ‘‘(B) shall ensure that the restriction is con- for the Federal Government that was entered the Secretary for the cost of the educational sistent with the purpose of the overseas com- into by the Defense Information Technology services provided for the dependent.’’. missary and exchange system to provide reason- Contract Organization. (3) The amendments made by this subsection able access for eligible patrons to purchase mer- SEC. 369. SURVEY OF COMMISSARY STORE PA- shall apply with respect to academic years be- chandise items made in the United States. TRONS REGARDING SATISFACTION ginning on or after the date of the enactment of ‘‘(b) CONTROLLED ITEM LISTS.—For each loca- WITH COMMISSARY STORE MER- this Act. CHANDISE. tion outside the United States that is served by SEC. 372. ASSISTANCE TO LOCAL EDUCATIONAL (a) PATRON SURVEY.—The Secretary of De- the commissary system or the exchange system, AGENCIES THAT BENEFIT DEPEND- the Secretary of Defense may maintain a list of fense shall enter into a contract with a commer- ENTS OF MEMBERS OF THE ARMED controlled merchandise items, except that, after cial survey firm to conduct a survey of eligible FORCES AND DEPARTMENT OF DE- the date of the enactment of this section, the patrons of the commissary store system to deter- FENSE CIVILIAN EMPLOYEES. Secretary may not change the list to add a mer- mine patron satisfaction with the merchandise (a) CONTINUATION OF DEPARTMENT OF DE- chandise item unless, before making the change, sold in commissary stores, including patron FENSE PROGRAM FOR FISCAL YEAR 1999.—Of the the Secretary submits to Congress a notice of the views on product quality, prices, assortment, amount authorized to be appropriated pursuant proposed addition and the reasons for the addi- and such other matters as the Secretary consid- to section 301(5) for operation and maintenance tion of the item. ers appropriate. for Defense-wide activities— ‘‘(c) ANNUAL REPORT.—The Secretary of De- (b) SURVEY LOCATION.—The survey shall be (1) $30,000,000 shall be available only for the fense shall submit to Congress an annual report conducted at not less than three military instal- purpose of providing educational agencies as- describing the host nation laws and the treaty lations in the United States of each of the sistance (as defined in subsection (d)(1)) to local obligations of the United States, and the condi- Armed Forces (other than the Coast Guard). educational agencies; and tions within host nations, that necessitate the (c) REPORT ON RESULTS.—The survey shall be (2) $5,000,000 shall be available only for the use of quantity or other restrictions on pur- completed, and the results submitted to the Sec- purpose of making educational agencies pay- chases in commissary and exchange stores lo- retary of Defense, the Committee on Armed ments (as defined in subsection (d)(2)) to local cated outside the United States.’’. Services of the Senate, and the Committee on educational agencies. National Security of the House of Representa- (b) CLERICAL AMENDMENT.—The table of sec- (b) NOTIFICATION.—Not later than June 30, tions at the beginning of such chapter is amend- tives, not later than February 28, 1999. 1999, the Secretary of Defense shall— ed by adding at the end the following new item: Subtitle G—Other Matters (1) notify each local educational agency that ‘‘2492. Overseas commissary and exchange SEC. 371. ELIGIBILITY REQUIREMENTS FOR AT- is eligible for educational agencies assistance for stores: access and purchase re- TENDANCE AT DEPARTMENT OF DE- fiscal year 1999 of that agency’s eligibility for strictions.’’. FENSE DOMESTIC DEPENDENT ELE- such assistance and the amount of such assist- MENTARY AND SECONDARY SEC. 366. REPEAL OF REQUIREMENT FOR AIR ance for which that agency is eligible; and SCHOOLS. FORCE TO SELL TOBACCO PROD- (2) notify each local educational agency that (a) DEPENDENTS OF MEMBERS RESIDING IN UCTS TO ENLISTED PERSONNEL. is eligible for an educational agencies payment CERTAIN AREAS.—Subsection (a) of section 2164 (a) REPEAL.—Section 9623 of title 10, United for fiscal year 1999 of that agency’s eligibility of title 10, United States Code, is amended— States Code, is repealed. for such payment and the amount of the pay- (1) by designating the first sentence as para- (b) CLERICAL AMENDMENT.—The table of sec- ment for which that agency is eligible. tions at the beginning of chapter 939 of such graph (1); (2) by designating the second sentence as (c) DISBURSEMENT OF FUNDS.—The Secretary title is amended by striking out the item relating paragraph (2); and of Defense shall disburse funds made available to section 9623. (3) by adding at the end of paragraph (2) (as under paragraphs (1) and (2) of subsection (a) SEC. 367. PROHIBITION ON CONSOLIDATION OR so designated) the following new sentence: ‘‘If a not later than 30 days after the date on which OTHER ORGANIZATIONAL CHANGES member of the armed forces is assigned to a re- notification to the eligible local educational OF DEPARTMENT OF DEFENSE RE- agencies is provided pursuant to subsection (b). TAIL SYSTEMS. mote location or is assigned to an unaccom- panied tour of duty, a dependent of the member (d) DEFINITIONS.—In this section: (a) DEFENSE RETAIL SYSTEMS DEFINED.—For who resides, on or off a military installation, in (1) The term ‘‘educational agencies assist- purposes of this section, the term ‘‘defense retail ance’’ means assistance authorized under sec- systems’’ means the defense commissary system a territory, commonwealth, or possession of the United States, as authorized by the member’s or- tion 386(b) of the National Defense Authoriza- and exchange stores and other revenue-generat- tion Act for Fiscal Year 1993 (Public Law 102– ing facilities operated by nonappropriated fund ders, may be enrolled in an educational program provided by the Secretary under this sub- 484; 20 U.S.C. 7703 note). activities of the Department of Defense for the (2) The term ‘‘educational agencies payments’’ morale, welfare, and recreation of members of section.’’. (b) WAIVER OF FIVE-YEAR ATTENDANCE LIMI- means payments authorized under section 386(d) the Armed Forces. TATION.—Subsection (c)(2) of such section is of the National Defense Authorization Act for (b) PROHIBITION.—The operation and adminis- Fiscal Year 1993 (Public Law 102–484; 20 U.S.C. tration of the defense retail systems may not be amended by striking out subparagraph (B) and inserting in lieu thereof the following new sub- 7703 note). consolidated or otherwise merged unless the (3) The term ‘‘local educational agency’’ has consolidation or merger is specifically author- paragraph: ‘‘(B) At the discretion of the Secretary, a de- the meaning given that term in section 8013(9) of ized by a law enacted after the date of the en- pendent referred to in subparagraph (A) may be the Elementary and Secondary Education Act of actment of this Act. enrolled in the program for more than five con- 1965 (20 U.S.C. 7713(9)). (c) EFFECT ON EXISTING STUDY.—Nothing in secutive school years if the dependent is other- SEC. 373. DEPARTMENT OF DEFENSE READINESS this section shall be construed to prohibit the wise qualified for enrollment, space is available REPORTING SYSTEM. study of defense retail systems, known as the in the program, and the Secretary will be reim- (a) ESTABLISHMENT OF SYSTEM.—(1) Chapter 2 ‘‘Joint Exchange Due Diligence Study’’, which bursed for the educational services provided. of title 10, United States Code, is amended by in- is underway on the date of the enactment of Any such extension shall cover only one school serting after section 116 the following new sec- this Act pursuant to a contract awarded by the year at a time.’’. tion: Department of the Navy on April 21, 1998, except (c) CUSTOMS SERVICE EMPLOYEE DEPENDENTS that any recommendation contained in the com- ‘‘§ 117. Readiness reporting system: establish- IN PUERTO RICO.—(1) Subsection (c)(1) of such pleted study regarding the operation or adminis- ment; reporting to congressional committees section is amended— tration of the defense retail systems may not be (A) by inserting ‘‘(A)’’ after ‘‘(1)’’; and ‘‘(a) REQUIRED READINESS REPORTING SYS- implemented unless implementation of the rec- (B) by adding at the end the following new TEM.—The Secretary of Defense shall establish a ommendation is specifically authorized by a law subparagraph: comprehensive readiness reporting system for enacted after the date of the enactment of this ‘‘(B) A dependent of a United States Customs the Department of Defense. The readiness re- Act. Service employee who resides in Puerto Rico, porting system shall measure in an objective, ac- SEC. 368. DEFENSE COMMISSARY AGENCY TELE- but not on a military installation, may enroll in curate, and timely manner the capability of the COMMUNICATIONS. an educational program provided by the Sec- armed forces to carry out— (a) USE OF FTS 2000 / 2001.—The Secretary of retary pursuant to subsection (a) in Puerto Rico ‘‘(1) the National Security Strategy prescribed Defense shall prescribe in regulations authority in accordance with the same rules as apply to a by the President in the most recent annual na- for the Defense Commissary Agency to meet its dependent of a Federal employee residing in tional security strategy report under section 108 telecommunication requirements by obtaining permanent living quarters on a military installa- of the National Security Act of 1947 (50 U.S.C. telecommunication services and related items tion.’’. 404a); under the FTS 2000 / 2001 contract. (2) Subsection (c)(2) of such section is further ‘‘(2) the defense planning guidance provided (b) REPORT.—Upon the initiation of tele- amended by adding at the end the following by the Secretary of Defense pursuant to section communication service for the Defense Com- new subparagraph: 113(g) of this title; and missary Agency under the FTS 2000 / 2001 con- ‘‘(D) Subparagraph (A) shall not apply to a ‘‘(3) the National Military Strategy prescribed tract, the Secretary of Defense shall submit to dependent covered by paragraph (1)(B). No re- by the Chairman of the Joint Chiefs of Staff. September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8119

‘‘(b) READINESS REPORTING SYSTEM CHARAC- (2) The table of sections at the beginning of SEC. 376. DEMONSTRATION PROGRAM TO IM- TERISTICS.—In establishing the readiness report- such chapter is amended by inserting after the PROVE QUALITY OF PERSONAL ing system, the Secretary shall ensure— item relating to section 116 the following new PROPERTY SHIPMENTS OF MEM- ‘‘(1) that the readiness reporting system is ap- item: BERS. (a) DEFINITION.—In this section, the term plied uniformly throughout the Department of ‘‘117. Readiness reporting system: establishment; ‘‘current demonstration program’’ means the Defense; reporting to congressional commit- pilot program to improve the movement of ‘‘(2) that information in the readiness report- tees.’’. ing system is continually updated, with any household goods of members of the Armed (b) IMPLEMENTATION.—The Secretary of De- change in the overall readiness status of a unit, Forces that is identified in the re-engineering fense shall establish and implement the readi- an element of the training establishment, or an pilot solicitation of the Military Traffic Man- ness reporting system required by section 117 of element of defense infrastructure, that is re- agement Command designated as DAMTO1–97– title 10, United States Code, as added by sub- quired to be reported as part of the readiness re- R–3001. section (a), so as to ensure that the capabilities porting system, being reported within 24 hours (b) COMPLETION OF CURRENT DEMONSTRATION required by subsection (c) of that section are at- of the event necessitating the change in readi- PROGRAM.—The Secretary of Defense shall com- tained not later than January 15, 2000. ness status; and plete the current demonstration program to im- ‘‘(3) that sufficient resources are provided to (c) IMPLEMENTATION PLAN.—Not later than prove the quality of personal property shipments establish and maintain the system so as to allow March 1, 1999, the Secretary of Defense shall within the Department of Defense not later than reporting of changes in readiness status as re- submit to Congress a report setting forth the October 1, 1999. quired by this section. Secretary’s plan for implementation of section (c) EVALUATIONS OF CURRENT AND ALTER- ‘‘(c) CAPABILITIES.—The readiness reporting 117 of title 10, United States Code, as added by NATIVE DEMONSTRATIONS.—(1) Not later than system shall measure such factors relating to subsection (a). August 31, 1999, the Secretary of Defense shall readiness as the Secretary prescribes, except (d) REPEAL OF QUARTERLY READINESS REPORT submit to Congress a report evaluating the fol- that the system shall include the capability to REQUIREMENT.—(1) Effective January 15, 2000, lowing: do each of the following: or the date on which the first report of the Sec- (A) Whether the current demonstration pro- ‘‘(1) Measure, on a monthly basis, the capabil- retary of Defense is submitted under section gram, as implemented, meets the goals for the ity of units (both as elements of their respective 117(e) of title 10, United States Code, as added current demonstration program previously armed force and as elements of joint forces) to by subsection (a), whichever is later, the Sec- agreed upon between the Department of Defense conduct their assigned wartime missions. retary of Defense shall cease to submit reports and representatives of private sector entities in- ‘‘(2) Measure, on a quarterly basis, the capa- under section 482 of title 10, United States Code. volved in the transportation of household goods bility of training establishments to provide (2) Effective June 1, 2001— for members of the Armed Forces, as such goals trained and ready forces for wartime missions. (A) section 482 of title 10, United States Code, are contained in the report of the Comptroller ‘‘(3) Measure, on a quarterly basis, the capa- is repealed; and General designated as report ‘‘NSIAD 97–49’’. bility of defense installations and facilities and (B) the table of sections at the beginning of (B) Whether the demonstration program con- other elements of Department of Defense infra- chapter 23 of such title is amended by striking tained in the proposal prepared for the Sec- structure, both in the United States and abroad, out the item relating to that section. retary of Defense by private sector entities in- to provide appropriate support to forces in the SEC. 374. SPECIFIC EMPHASIS OF PROGRAM TO volved in the transportation of household goods conduct of their wartime missions. for members of the Armed Forces as an alter- ‘‘(4) Measure, on a monthly basis, critical INVESTIGATE FRAUD, WASTE, AND native to the current demonstration program warfighting deficiencies in unit capability. ABUSE WITHIN DEPARTMENT OF DE- FENSE. would, if implemented, be likely to meet the ‘‘(5) Measure, on a quarterly basis, critical goals for the current demonstration program. warfighting deficiencies in training establish- Section 392 of the National Defense Author- (2) The Secretary shall also submit to Con- ments and defense infrastructure. ization Act for Fiscal Year 1998 (Public Law ‘‘(6) Measure, on a monthly basis, the level of 105–85; 10 U.S.C. 113 note) is amended by insert- gress interim reports regarding the progress of current risk based upon the readiness reporting ing before the period the following: ‘‘and any the current demonstration program not later system relative to the capability of forces to fraud, waste, and abuse occurring in connection than January 15, 1999, and April 15, 1999. carry out their wartime missions. with overpayments made to vendors by the De- (d) PROHIBITION.—The Secretary of Defense ‘‘(d) QUARTERLY AND MONTHLY JOINT READI- partment of Defense, including overpayments may not exercise any option with respect to the NESS REVIEWS.—(1) The Chairman of the Joint identified under section 354 of the National De- current demonstration program that would have Chiefs of Staff shall— fense Authorization Act for Fiscal Year 1996 the effect of extending the current demonstra- ‘‘(A) on a quarterly basis, conduct a joint (Public Law 104–106; 10 U.S.C. 2461 note)’’. tion program after October 1, 1999, or otherwise continue the current demonstration program readiness review; and SEC. 375. CONDITION FOR PROVIDING FINANCIAL ‘‘(B) on a monthly basis, review any changes ASSISTANCE FOR SUPPORT OF ADDI- after that date, until the end of the 30-day pe- that have been reported in readiness since the TIONAL DUTIES ASSIGNED TO THE riod beginning on the date on which the Sec- previous joint readiness review. ARMY NATIONAL GUARD. retary submits the report required under sub- ‘‘(2) The Chairman shall incorporate into both (a) COMPETITIVE SOURCE SELECTION.—Section section (c)(1). the joint readiness review required under para- 113(b) of title 32, United States Code, is amended SEC. 377. PILOT PROGRAM FOR ACCEPTANCE AND graph (1)(A) and the monthly review required to read as follows: USE OF LANDING FEES CHARGED FOR USE OF DOMESTIC MILITARY under paragraph (1)(B) the current information ‘‘(b) COVERED ACTIVITIES.—(1) Except as pro- AIRFIELDS BY CIVIL AIRCRAFT. derived from the readiness reporting system and vided in paragraph (2), financial assistance may (a) PILOT PROGRAM AUTHORIZED.—The Sec- shall assess the capability of the armed forces to be provided for the performance of an activity retary of each military department may carry execute their wartime missions based upon their by the Army National Guard under subsection out a pilot program during fiscal years 1999 and posture at the time the review is conducted. The (a) only if— Chairman shall submit to the Secretary of De- 2000 to demonstrate the use of landing fees as a ‘‘(A) the activity is carried out in the perform- source of funding for the operation and mainte- fense the results of each review under para- ance of a responsibility of the Secretary of the graph (1), including the deficiencies in readiness nance of airfields of that department. No fee Army under paragraph (6), (10), or (11) of sec- may be charged under the pilot program for a identified during that review. tion 3013(b) of title 10; and ‘‘(e) SUBMISSION TO CONGRESSIONAL COMMIT- landing after September 30, 2000. ‘‘(B) the Army National Guard was selected to TEES.—The Secretary shall each month submit (b) UNIFORM LANDING FEES.—The Secretary of to the Committee on Armed Services and the perform the activity under competitive proce- Defense shall prescribe the landing fees, which Committee on Appropriations of the Senate and dures that permit all qualified public-sector and shall be uniform for the military departments, the Committee on National Security and the private-sector sources to submit offers and be that may be imposed under a pilot program car- Committee on Appropriations of the House of considered for selection to perform the activity ried out under this section. Representatives a report in writing containing on the basis of the offers. (c) USE OF PROCEEDS.—Amounts received for the results of the most recent joint readiness re- ‘‘(2) Paragraph (1)(B) does not apply to an a fiscal year in payment of landing fees imposed view or monthly review conducted under sub- activity that, on the date of the enactment of under the pilot program for use of a military section (d), including the current information this subsection, was performed for the Federal airfield shall be credited to the appropriation derived from the readiness reporting system. Government by employees of the Federal Gov- that is available for that fiscal year for the op- Each such report shall be submitted in unclassi- ernment or employees of a State.’’. eration and maintenance of the military air- fied form and may, as the Secretary determines (b) PROSPECTIVE APPLICABILITY.—Subsection field, shall be merged with amounts in the ap- necessary, also be submitted in classified form. (b)(1)(B) of section 113 of title 32, United States propriation to which credited, and shall be ‘‘(f) REGULATIONS.—The Secretary shall pre- Code (as added by subsection (a) of this sec- available for that military airfield for the same scribe regulations to carry out this section. In tion), does not apply to— period and purposes as the appropriation is those regulations, the Secretary shall prescribe (1) financial assistance provided under that available. the units that are subject to reporting in the section before October 1, 1998; or (d) REPORT.—Not later than March 31, 2000, readiness reporting system, what type of equip- (2) financial assistance for an activity that, the Secretary of Defense shall submit to Con- ment is subject to such reporting, and the ele- before May 9, 1998, the Secretary of the Army gress a report on the pilot programs carried out ments of the training establishment and of de- identified in writing as being under consider- under this section by the Secretaries of the mili- fense infrastructure that are subject to such re- ation for supporting with financial assistance tary departments. The report shall specify the porting.’’. under that section. amounts of fees received and retained by each H8120 CONGRESSIONAL RECORD — HOUSE September 22, 1998 military department under its pilot program as Sec. 412. End strengths for Reserves on active number that would otherwise be permitted for of December 31, 1999. duty in support of the reserves. that officer’s armed force for officers serving on SEC. 378. STRATEGIC PLAN FOR EXPANSION OF Sec. 413. End strengths for military technicians active duty in grades above major general under DISTANCE LEARNING INITIATIVES. (dual status). paragraph (1).’’. (a) PLAN REQUIRED.—The Secretary of De- Sec. 414. Increase in number of members in cer- SEC. 407. LIMITATION ON DAILY AVERAGE OF fense shall develop a strategic plan for guiding tain grades authorized to serve on PERSONNEL ON ACTIVE DUTY IN and expanding distance learning initiatives active duty in support of the re- GRADES E–8 AND E–9. within the Department of Defense. The plan serves. (a) FISCAL YEAR BASIS FOR APPLICATION OF shall provide for an expansion of such initia- Sec. 415. Consolidation of strength authoriza- LIMITATION.—The first sentence of section tives over five consecutive fiscal years beginning tions for active status Naval Re- 517(a) of title 10, United States Code, is amend- with fiscal year 2000. serve flag officers of the Navy ed— (b) CONTENT OF PLAN.—The strategic plan Medical Department Staff Corps. (1) by striking out ‘‘a calendar year’’ and in- shall contain, at a minimum, the following: Subtitle C—Authorization of Appropriations serting in lieu thereof ‘‘a fiscal year’’; and (1) A statement of measurable goals and objec- (2) by striking out ‘‘January 1 of that year’’ tives and outcome-related performance indica- Sec. 421. Authorization of appropriations for and inserting in lieu thereof ‘‘the first day of tors (consistent with section 1115 of title 31, military personnel. that fiscal year’’. United States Code, relating to agency perform- Subtitle A—Active Forces (b) EFFECTIVE DATE.—The amendments made ance plans) for the development and execution SEC. 401. END STRENGTHS FOR ACTIVE FORCES. by subsection (a) shall take effect on October 1, of distance learning initiatives throughout the The Armed Forces are authorized strengths 1999. Department of Defense. for active duty personnel as of September 30, Subtitle B—Reserve Forces (2) A detailed description of how distance 1999, as follows: SEC. 411. END STRENGTHS FOR SELECTED RE- learning initiatives are to be developed and (1) The Army, 480,000. SERVE. managed within the Department of Defense. (2) The Navy, 372,696. (a) IN GENERAL.—The Armed Forces are au- (3) An assessment of the estimated costs and (3) The Marine Corps, 172,200. thorized strengths for Selected Reserve person- the benefits associated with developing and (4) The Air Force, 370,882. nel of the reserve components as of September maintaining an appropriate infrastructure for 30, 1999, as follows: distance learning. SEC. 402. REVISION IN PERMANENT END STRENGTH LEVELS. (1) The Army National Guard of the United (4) A statement of planned expenditures for (a) REVISED END STRENGTH FLOORS.—Sub- States, 357,223. the investments necessary to build and maintain section (b) of section 691 of title 10, United (2) The Army Reserve, 208,003. that infrastructure. (3) The Naval Reserve, 90,843. (5) A description of the mechanisms that are States Code, is amended— (1) in paragraph (1), by striking out ‘‘495,000’’ (4) The Marine Corps Reserve, 40,018. to be used to supervise the development and co- (5) The Air National Guard of the United ordination of the distance learning initiatives of and inserting in lieu thereof ‘‘480,000’’; (2) in paragraph (2), by striking out ‘‘390,802’’ States, 106,992. the Department of Defense. (6) The Air Force Reserve, 74,243. (c) RELATIONSHIP TO EXISTING INITIATIVE.—In and inserting in lieu thereof ‘‘372,696’’; (3) in paragraph (3), by striking out ‘‘174,000’’ (7) The Coast Guard Reserve, 8,000. developing the strategic plan, the Secretary may (b) WAIVER AUTHORITY.—The Secretary of De- and inserting in lieu thereof ‘‘172,200’’; and take into account the ongoing collaborative ef- fense may vary an end strength authorized by (4) in paragraph (4), by striking out ‘‘371,577’’ fort among the Department of Defense, other subsection (a) by not more than 2 percent. and inserting in lieu thereof ‘‘370,802’’. Federal agencies, and private industry that is (c) ADJUSTMENTS.—The end strengths pre- (b) REVISION TO FLEXIBILITY AUTHORITY FOR known as the Advanced Distribution Learning scribed by subsection (a) for the Selected Re- THE ARMY.—Subsection (e) of such section is initiative. However, the Secretary shall ensure serve of any reserve component shall be propor- amended by striking out ‘‘1 percent or, in the that the strategic plan is specifically focused on tionately reduced by— case of the Army, by not more than 1.5 percent,’’ the training and education goals and objectives (1) the total authorized strength of units orga- and inserting in lieu thereof ‘‘0.5 percent.’’ of the Department of Defense. nized to serve as units of the Selected Reserve of (c) EFFECTIVE DATE.—The amendments made (d) SUBMISSION TO CONGRESS.—The Secretary such component which are on active duty (other by this section shall take effect on October 1, of Defense shall submit the strategic plan to than for training) at the end of the fiscal year; 1998. Congress not later than March 1, 1999. and SEC. 379. PUBLIC AVAILABILITY OF OPERATING SEC. 403. DATE FOR SUBMISSION OF ANNUAL (2) the total number of individual members not AGREEMENTS BETWEEN MILITARY MANPOWER REQUIREMENTS RE- in units organized to serve as units of the Se- PORT. INSTALLATIONS AND FINANCIAL IN- lected Reserve of such component who are on STITUTIONS. Section 115a(a) of title 10, United States Code, active duty (other than for training or for un- With respect to an agreement between the is amended— satisfactory participation in training) without commander of a military installation in the (1) by striking out ‘‘, not later than February their consent at the end of the fiscal year. United States (or the designee of such an instal- 15 of each fiscal year,’’ in the first sentence; and lation commander) and a financial institution (2) by striking out ‘‘The report shall be in Whenever such units or such individual mem- that permits, allows, or otherwise authorizes the writing and’’ in the second sentence and insert- bers are released from active duty during any provision of financial services by the financial ing in lieu thereof ‘‘The report, which shall be fiscal year, the end strength prescribed for such institution on the military installation, nothing in writing, shall be submitted each year not fiscal year for the Selected Reserve of such re- in the terms or nature of such an agreement later than 45 days after the date on which the serve component shall be proportionately in- shall be construed to exempt the agreement from President submits to Congress the budget for the creased by the total authorized strengths of the provisions of sections 552 and 552a of title 5, next fiscal year under section 1105 of title 31. such units and by the total number of such indi- United States Code. The report’’. vidual members. SEC. 412. END STRENGTHS FOR RESERVES ON AC- TITLE IV—MILITARY PERSONNEL SEC. 404. ADDITIONAL EXEMPTION FROM PER- TIVE DUTY IN SUPPORT OF THE RE- CENTAGE LIMITATION ON NUMBER AUTHORIZATIONS SERVES. Subtitle A—Active Forces OF LIEUTENANT GENERALS AND VICE ADMIRALS. Within the end strengths prescribed in section Sec. 401. End strengths for active forces. Section 525(b)(4)(B) of title 10, United States 411(a), the reserve components of the Armed Sec. 402. Revision in permanent end strength Code, is amended by striking out ‘‘six’’ and in- Forces are authorized, as of September 30, 1999, levels. serting in lieu thereof ‘‘seven’’. the following number of Reserves to be serving Sec. 403. Date for submission of annual man- on full-time active duty or full-time duty, in the power requirements report. SEC. 405. EXTENSION OF AUTHORITY FOR CHAIR- MAN OF THE JOINT CHIEFS OF case of members of the National Guard, for the Sec. 404. Additional exemption from percentage purpose of organizing, administering, recruiting, limitation on number of lieuten- STAFF TO DESIGNATE UP TO 12 GEN- ERAL AND FLAG OFFICER POSITIONS instructing, or training the reserve components: ant generals and vice admirals. TO BE EXCLUDED FROM GENERAL (1) The Army National Guard of the United Sec. 405. Extension of authority for Chairman AND FLAG OFFICER GRADE LIMITA- States, 21,986. of the Joint Chiefs of Staff to des- TIONS. (2) The Army Reserve, 12,807. ignate up to 12 general and flag Section 526(b)(2) of title 10, United States (3) The Naval Reserve, 15,590. officer positions to be excluded Code, is amended by striking out ‘‘October 1, (4) The Marine Corps Reserve, 2,362. from general and flag officer 1998’’ and inserting in lieu thereof ‘‘October 1, (5) The Air National Guard of the United grade limitations. 2002’’. States, 10,931. Sec. 406. Exception for Chief, National Guard (6) The Air Force Reserve, 992. Bureau, from limitation on num- SEC. 406. EXCEPTION FOR CHIEF, NATIONAL GUARD BUREAU, FROM LIMITATION SEC. 413. END STRENGTHS FOR MILITARY TECH- ber of officers above major gen- ON NUMBER OF OFFICERS ABOVE NICIANS (DUAL STATUS). eral. MAJOR GENERAL. The minimum number of military technicians Sec. 407. Limitation on daily average of person- Section 525(b) of title 10, United States Code, (dual status) as of the last day of fiscal year nel on active duty in grades E–8 is amended by adding at the end the following 1999 for the reserve components of the Army and and E–9. new paragraph: the Air Force (notwithstanding section 129 of Subtitle B—Reserve Forces ‘‘(6) An officer while serving as Chief of the title 10, United States Code) shall be the follow- Sec. 411. End strengths for Selected Reserve. National Guard Bureau is in addition to the ing: September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8121 (1) For the Army Reserve, 5,395. Sec. 502. Involuntary separation pay denied for Sec. 537. Prohibition on members of Armed (2) For the Army National Guard of the officer discharged for failure of Forces entering correctional fa- United States, 23,125. selection for promotion requested cilities to present decorations to (3) For the Air Force Reserve, 9,761. by the officer. persons who have committed seri- (4) For the Air National Guard of the United Sec. 503. Streamlined selective retention process ous violent felonies. States, 22,408. for regular officers. Subtitle E—Administration of Agencies Re- SEC. 414. INCREASE IN NUMBER OF MEMBERS IN Sec. 504. Permanent applicability of limitations sponsible for Review and Correction of Mili- CERTAIN GRADES AUTHORIZED TO on years of active naval service of tary Records SERVE ON ACTIVE DUTY IN SUPPORT Navy limited duty officers in OF THE RESERVES. grades of commander and captain. Sec. 541. Personnel freeze. (a) OFFICERS.—The table in section 12011(a) of Sec. 505. Tenure of Chief of the Air Force Nurse Sec. 542. Professional staff. title 10, United States Code, is amended to read Corps. Sec. 543. Ex parte communications. as follows: Sec. 506. Grade of Air Force Assistant Surgeon Sec. 544. Timeliness standards. Sec. 545. Scope of correction of military records. General for Dental Services. Sec. 507. Review regarding allocation of Naval Subtitle F—Reports Ma- ‘‘Grade Army Navy Air rine Reserve Officers’ Training Corps Sec. 551. Report on personnel retention. Force Corps scholarships among participating Sec. 552. Report on process for selection of mem- colleges and universities. bers for service on courts-martial. Major or Lieutenant Subtitle B—Reserve Component Matters Sec. 553. Report on prisoners transferred from Commander ...... 3,219 1,071 791 140 United States Disciplinary Bar- Lieutenant Colonel or Sec. 511. Use of Reserves for emergencies involv- racks, Fort Leavenworth, Kansas, Commander ...... 1,524 520 713 90 ing weapons of mass destruction. Colonel or Navy Cap- Sec. 512. Service required for retirement of Na- to Federal Bureau of Prisons. tain ...... 438 188 297 30’’. tional Guard officer in higher Sec. 554. Review and report regarding the dis- grade. tribution of National Guard full- (b) SENIOR ENLISTED MEMBERS.—The table in Sec. 513. Reduced time-in-grade requirement for time support among the States. section 12012(a) of such title is amended to read reserve general and flag officers Subtitle G—Other Matters as follows: involuntarily transferred from ac- Sec. 561. Two-year extension of certain force tive status. drawdown transition authorities Sec. 514. Active status service requirement for relating to personnel management Ma- promotion consideration for Army ‘‘Grade Army Navy Air rine and benefits. Force Corps and Air Force reserve component Sec. 562. Leave without pay for suspended brigadier generals. academy cadets and midshipmen. E–9 ...... 623 202 395 20 Sec. 515. Composition of selective early retire- Sec. 563. Continued eligibility under Voluntary E–8 ...... 2,585 429 997 94’’. ment boards for rear admirals of Separation Incentive program for the Naval Reserve and major gen- members who involuntarily lose (c) EFFECTIVE DATE.—The amendments made erals of the Marine Corps Reserve. membership in a reserve compo- by this section shall take efffect on October 1, Sec. 516. Authority for temporary waiver for nent. 1998. certain Army Reserve officers of Sec. 564. Reinstatement of definition of finan- SEC. 415. CONSOLIDATION OF STRENGTH AU- baccalaureate degree requirement cial institution in authorities for THORIZATIONS FOR ACTIVE STATUS for promotion of reserve officers. reimbursement of defense person- NAVAL RESERVE FLAG OFFICERS OF Sec. 517. Furnishing of burial flags for deceased nel for Government errors in di- THE NAVY MEDICAL DEPARTMENT members and former members of rect deposit of pay. STAFF CORPS. the Selected Reserve. Sec. 565. Increase in maximum amount for Col- Section 12004(c) of title 10, United States Code, Subtitle C—Military Education and Training lege Fund program. is amended— Sec. 521. Separate housing for male and female Sec. 566. Central Identification Laboratory, Ha- (1) in the table in paragraph (1)— recruits during recruit basic train- waii. (A) by striking out the item relating to the ing. Sec. 567. Military funeral honors for veterans. Medical Corps and inserting in lieu thereof the Sec. 522. After-hours privacy for recruits during Sec. 568. Status in the Naval Reserve of cadets following: basic training. at the Merchant Marine Acad- ‘‘Medical Department staff corps .... 9’’; Sec. 523. Sense of the House of Representatives emy. and (B) by striking out the items relating to the relating to small unit assignments Sec. 569. Repeal of restriction on civilian em- Dental Corps, the Nurse Corps, and the Medical by gender during recruit basic ployment of enlisted members. Sec. 570. Transitional compensation for abused Service Corps; and training. (2) by adding at the end the following: Sec. 524. Extension of reporting dates for Com- dependent children not residing ‘‘(4)(A) For the purposes of paragraph (1), the mission on Military Training and with the spouse or former spouse Medical Department staff corps referred to in Gender-Related Issues. of a member convicted of depend- the table are as follows: Sec. 525. Improved oversight of innovative read- ent abuse. ‘‘(i) The Medical Corps. iness training. Sec. 571. Pilot program for treating GED and ‘‘(ii) The Dental Corps. Subtitle D—Decorations, Awards, and home school diploma recipients as ‘‘(iii) The Nurse Corps. Commendations high school graduates for deter- ‘‘(iv) The Medical Service Corps. Sec. 531. Study of new decorations for injury or minations of eligibility for enlist- ‘‘(B) Each of the Medical Department staff death in line of duty. ment in the Armed Forces. corps is authorized one rear admiral (lower half) Sec. 532. Waiver of time limitations for award of Sec. 572. Sense of Congress concerning New within the strength authorization distributed to certain decorations to certain per- Parent Support Program and mili- the Medical Department staff corps under para- sons. tary families. graph (1). The Secretary of the Navy shall dis- Sec. 533. Commendation and commemoration of Sec. 573. Advancement of Benjamin O. Davis, tribute the remainder of the strength authoriza- the Navy and Marine Corps per- Junior, to grade of general on the tion for the Medical Department staff corps sonnel who served in the United retired list of the Air Force. under that paragraph among those staff corps States Navy Asiatic Fleet from Sec. 574. Sense of the House of Representatives as the Secretary determines appropriate to meet 1910–1942. concerning adherence by civilians the needs of the Navy.’’. Sec. 534. Appreciation for service during World in military chain of command to Subtitle C—Authorization of Appropriations War I and World War II by mem- the standard of exemplary con- bers of the Navy assigned on duct required of commanding offi- SEC. 421. AUTHORIZATION OF APPROPRIATIONS cers and others in authority in FOR MILITARY PERSONNEL. board merchant ships as the There is hereby authorized to be appropriated Naval Armed Guard Service. the Armed Forces. to the Department of Defense for military per- Sec. 535. Sense of Congress regarding the hero- Subtitle A—Officer Personnel Policy sonnel for fiscal year 1999 a total of ism, sacrifice, and service of the SEC. 501. CODIFICATION OF ELIGIBILITY OF RE- $70,592,286,000. The authorization in the preced- military forces of South Vietnam, TIRED OFFICERS AND FORMER OFFI- ing sentence supersedes any other authorization other nations, and indigenous CERS FOR CONSIDERATION BY SPE- of appropriations (definite or indefinite) for groups in connection with the CIAL SELECTION BOARDS. such purpose for fiscal year 1999. United States Armed Forces dur- (a) PERSONS NOT CONSIDERED BY PROMOTION ing the Vietnam conflict. BOARDS DUE TO ADMINISTRATIVE ERROR.—Sub- TITLE V—MILITARY PERSONNEL POLICY Sec. 536. Sense of Congress regarding the hero- section (a) of section 628 of title 10, United Subtitle A—Officer Personnel Policy ism, sacrifice, and service of States Code, is amended— Sec. 501. Codification of eligibility of retired of- former South Vietnamese com- (1) by striking out paragraph (1) (and the sub- ficers and former officers for con- mandos in connection with United section designation at the beginning of that sideration by special selection States Armed Forces during the paragraph) and inserting in lieu thereof the fol- boards. Vietnam conflict. lowing: H8122 CONGRESSIONAL RECORD — HOUSE September 22, 1998

‘‘(a) PERSONS NOT CONSIDERED BY PROMOTION section to consider a warrant officer or former the Secretary concerned the name of any regu- BOARDS DUE TO ADMINISTRATIVE ERROR.—(1) If warrant officer, if the report of that board, as lar officer considered and not recommended for the Secretary of the military department con- approved by the Secretary concerned, rec- promotion by the board who submitted to the cerned determines that because of administra- ommends that warrant officer or former warrant board a request not to be selected for promotion tive error a person who should have been con- officer for promotion to the next higher grade, or who otherwise directly caused his nonselec- sidered for selection for promotion by a pro- that person shall, as soon as practicable, be ap- tion through written communication to the motion board was not so considered, the Sec- pointed to the next higher grade in accordance Board under section 614(b) of this title.’’. retary shall convene a special selection board with provisions of section 578(c) of this title (c) EFFECTIVE DATE.—The amendments made under this subsection to determine whether that (rather than subsections (b), (c), and (d) of sec- by this section shall apply with respect to selec- person (whether or not then on active duty) tion 624 of this title).’’. tion boards convened under section 611(a) of should be recommended for promotion.’’; (3) Subsection (d)(2) of such section is amend- title 10, United States Code, on or after the date (2) in paragraph (2), by striking out ‘‘the offi- ed— of the enactment of this Act. cer as his record’’ in the first sentence and in- (A) by striking out ‘‘An officer who is pro- SEC. 503. STREAMLINED SELECTIVE RETENTION serting in lieu thereof ‘‘the person whose name moted’’ and inserting in lieu thereof ‘‘A person PROCESS FOR REGULAR OFFICERS. was referred to it for consideration as that who is appointed’’; (a) REPEAL OF REQUIREMENT FOR DUPLICA- record’’; and (B) by striking out ‘‘such promotion’’ and in- TIVE BOARD.—Section 1183 of title 10, United (3) in paragraph (3), by striking out ‘‘an offi- serting in lieu thereof ‘‘that appointment’’; and States Code, is repealed. cer in a grade’’ and all that follows through (C) by adding at the end the following new (b) CONFORMING AMENDMENTS.—(1) Section ‘‘the officer’’ and inserting in lieu thereof ‘‘a sentence: ‘‘In the case of a person who is not on 1182(c) of such title is amended by striking out person whose name was referred to it for consid- the active-duty list when appointed to the next ‘‘send the record of proceedings to a board of re- eration for selection for appointment to a grade higher grade, placement of that person on the view convened under section 1183 of this title’’ other than a general officer or flag officer active-duty list pursuant to the preceding sen- and inserting in lieu thereof ‘‘recommend to the grade, the person’’. tence shall be only for purposes of determina- Secretary concerned that the officer not be re- (b) PERSONS CONSIDERED BY PROMOTION tion of eligibility of that person for consider- tained on active duty’’. BOARDS IN UNFAIR MANNER.—Subsection (b) of ation for promotion by any subsequent special (2) Section 1184 of such title is amended by such section is amended— selection board under this section.’’. striking out ‘‘board of review convened under (1) by striking out paragraph (1) and inserting (d) APPLICABILITY TO DECEASED PERSONS.— section 1183 of this title’’ and inserting in lieu in lieu thereof the following: Subsection (e) of such section is amended to thereof ‘‘board of inquiry convened under sec- ‘‘(b) PERSONS CONSIDERED BY PROMOTION read as follows: tion 1182 of this title’’. ‘‘(e) DECEASED PERSONS.—If a person whose BOARDS IN UNFAIR MANNER.—(1) If the Sec- (c) CLERICAL AMENDMENTS.—(1) The heading retary of the military department concerned de- name is being considered for referral to a special for section 1184 of such title is amended by strik- selection board under this section dies before the termines, in the case of a person who was con- ing out ‘‘review’’ and inserting in lieu thereof completion of proceedings under this section sidered for selection for promotion by a pro- ‘‘inquiry’’. motion board but was not selected, that there with respect to that person, this section shall be (2) The table of sections at the beginning of was material unfairness with respect to that applied to that person posthumously.’’. chapter 60 of such title is amended by striking (e) RECODIFICATION OF ADMINISTRATIVE MAT- person, the Secretary may convene a special se- out the items relating to sections 1183 and 1184 TERS.—Such section is further amended by add- lection board under this subsection to determine and inserting in lieu thereof the following: ing at the end the following:: whether that person (whether or not then on ac- ‘‘1184. Removal of officer: action by Secretary ‘‘(f) CONVENING OF BOARDS.—A board con- tive duty) should be recommended for pro- upon recommendation of board of vened under this section— motion. In order to determine that there was inquiry.’’. material unfairness, the Secretary must deter- ‘‘(1) shall be convened under regulations pre- scribed by the Secretary of Defense; SEC. 504. PERMANENT APPLICABILITY OF LIMITA- mine that— TIONS ON YEARS OF ACTIVE NAVAL ‘‘(A) the action of the promotion board that ‘‘(2) shall be composed in accordance with sec- tion 612 of this title or, in the case of board to SERVICE OF NAVY LIMITED DUTY OF- considered the person was contrary to law or in- FICERS IN GRADES OF COMMANDER volved material error of fact or material admin- consider a warrant officer or former warrant of- AND CAPTAIN. ficer, in accordance with section 573 of this title istrative error; or (a) COMMANDERS.—Section 633 of title 10, ‘‘(B) the board did not have before it for its and regulations prescribed by the Secretary of United States Code, is amended— consideration material information.’’; the military department concerned; and (1) by striking out ‘‘Except an officer’’ and all (2) in paragraph (2), by striking out ‘‘the offi- ‘‘(3) shall be subject to the provisions of sec- that follows through ‘‘or section 6383 of this title cer as his record’’ in the first sentence and in- tion 613 of this title. applies’’ and inserting in lieu thereof ‘‘Except ‘‘(g) PROMOTION BOARD DEFINED.—In this serting in lieu thereof ‘‘the person whose name an officer of the Navy or Marine Corps who is section, the term ‘promotion board’ means a se- was referred to it for consideration as that an officer designated for limited duty to whom lection board convened by the Secretary of a record’’; and section 5596(e) or 6383 of this title applies’’; and military department under section 573(a) or (3) in paragraph (3)— (2) by striking out the second sentence. 611(a) of this title.’’. (A) by striking out ‘‘an officer’’ and inserting (b) CAPTAINS.—Section 634 of such title is (f) RATIFICATION OF CODIFIED PRACTICE.—The in lieu thereof ‘‘a person’’; and amended— consideration by a special selection board con- (B) by striking out ‘‘the officer’’ and inserting (1) by inserting ‘‘an officer of the Navy who vened under section 628 of title 10, United States in lieu thereof ‘‘the person’’. is designated for limited duty to whom section Code, before the date of the enactment of this (c) CONFORMING AMENDMENTS.—(1) Sub- 6383(a)(4) of this title applies and except’’ in the Act of a person who, at the time of consider- section (c) of such section is amended— first sentence after ‘‘Except’’; and (A) by inserting ‘‘REPORTS OF BOARDS.—’’ ation, was a retired officer or former officer of (2) by striking out the second sentence. after ‘‘(c)’’; the Armed Forces (including a deceased retired (c) YEARS OF ACTIVE NAVAL SERVICE.—Section (B) by striking out ‘‘officer’’ both places it ap- or former officer) is hereby ratified. 6383(a) of such title is amended by striking out pears in paragraph (1) and inserting in lieu SEC. 502. INVOLUNTARY SEPARATION PAY DE- paragraph (5). thereof ‘‘person’’; and NIED FOR OFFICER DISCHARGED (d) LIMITATIONS ON SELECTIVE RETENTIONS.— (C) in paragraph (2), by adding the following FOR FAILURE OF SELECTION FOR new sentence at the end: ‘‘However, in the case PROMOTION REQUESTED BY THE OF- Section 6383(k) of such title is amended by strik- of a board convened under this section to con- FICER. ing out the last sentence. sider a warrant officer or former warrant offi- (a) INELIGIBILITY FOR SEPARATION PAY.—Sec- SEC. 505. TENURE OF CHIEF OF THE AIR FORCE cer, the provisions of sections 576(d) and 576(f) tion 1174(a) of title 10, United States Code, is NURSE CORPS. of this title (rather than the provisions of sec- amended by adding at the end the following: Section 8069(b) of title 10, United States Code, tion 617(b) and 618 of this title) apply to the re- ‘‘(3) Notwithstanding paragraphs (1) and (2), is amended by striking out ‘‘, but not for more port and proceedings of the board in the same an officer discharged under any provision of than three years, and may not be reappointed to manner as they apply to the report and proceed- chapter 36 of this title for twice failing of selec- the same position’’ in the last sentence. ings of a selection board convened under section tion for promotion to the next higher grade is SEC. 506. GRADE OF AIR FORCE ASSISTANT SUR- 573 of this title.’’. not entitled to separation pay under this section GEON GENERAL FOR DENTAL SERV- (2) Subsection (d)(1) of such section is amend- if either (or both) of those failures of selection ICES. ed— for promotion was by the action of a selection Section 8081 of title 10, United States Code, is (A) by inserting ‘‘APPOINTMENT OF PERSONS board to which the officer submitted a request in amended— SELECTED BY BOARDS.—’’ after ‘‘(d)’’; writing not to be selected for promotion or who (1) in the first sentence, by striking out (B) by striking out ‘‘an officer’’ and inserting otherwise directly caused his nonselection ‘‘major’’ and inserting in lieu thereof ‘‘lieuten- in lieu thereof ‘‘a person’’; through written communication to the Board ant colonel’’; and (C) by striking out ‘‘such officer’’ and insert- under section 614(b) of this title.’’. (2) by striking out the second sentence and in- ing in lieu thereof ‘‘that person’’; (b) REPORT OF SELECTION BOARD TO NAME serting in lieu thereof the following: ‘‘An ap- (D) by striking out ‘‘the next higher grade’’ OFFICERS REQUESTING NONSELECTION.—Section pointee who holds a lower regular grade shall be the second place it appears and inserting in lieu 617 of such title is amended by adding at the appointed in the regular grade of brigadier gen- thereof ‘‘that grade’’; and end the following: eral. The Assistant Surgeon General for Dental (E) by adding at the end the following: ‘‘How- ‘‘(c) A selection board convened under section Services serves at the pleasure of the Sec- ever, in the case of a board convened under this 611(a) of this title shall include in its report to retary.’’. September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8123 SEC. 507. REVIEW REGARDING ALLOCATION OF reserve component, the category of the Individ- the context of existing or projected similar capa- NAVAL RESERVE OFFICERS’ TRAIN- ual Ready Reserve described in section 10144(b) bilities at the local, State, and Federal levels; ING CORPS SCHOLARSHIPS AMONG of this title. and PARTICIPATING COLLEGES AND UNI- ‘‘(2) The term ‘weapon of mass destruction’ ‘‘(B) the Secretary’s plan for sustaining the VERSITIES. has the meaning given that term in section 1403 qualifications of the personnel and teams de- (a) REVIEW.—The Secretary of the Navy of the Defense Against Weapons of Mass De- scribed in paragraph (3)(B).’’. should review the process and criteria used to struction Act of 1996 (50 U.S.C. 2302(1)).’’. (2) The Secretary of Defense may not submit determine the number of Naval Reserve Officer (3) Such section is further amended— to Congress earlier than 90 days after the date Training Corps (NROTC) scholarship recipients (A) in subsection (a), by inserting ‘‘AUTHOR- of the receipt by Congress of the report required who attend each college and university partici- ITY.—’’ after ‘‘(a)’’; by section 1411 of this Act a request for the en- pating in the NROTC program and how those (B) in subsection (d), by inserting ‘‘EXCLUSION actment of legislation to modify the require- scholarships are allocated to those schools. FROM STRENGTH LIMITATIONS.—’’ after ‘‘(d)’’; ments of paragraph (3), or to increase the num- (b) PURPOSE OF REVIEW.—The review should (C) in subsection (e), by inserting ‘‘POLICIES ber of personnel authorized by paragraph (4), of seek to determine— AND PROCEDURES.—’’ after ‘‘(e)’’; section 12310(c) of title 10, United States Code, (1) whether the method used by the Navy to (D) in subsection (f), by inserting ‘‘NOTIFICA- as added by paragraph (1). allocate NROTC scholarships could be changed TION OF CONGRESS.—’’ after ‘‘(f)’’; SEC. 512. SERVICE REQUIRED FOR RETIREMENT so as to increase the likelihood that scholarship (E) in subsection (g), by inserting ‘‘TERMI- OF NATIONAL GUARD OFFICER IN awardees attend the school of their choice while NATION OF DUTY.—’’ after ‘‘(g)’’; and HIGHER GRADE. maintaining the Navy’s capability to attain the (F) in subsection (h), by inserting ‘‘RELATION- (a) REVISION OF REQUIREMENT.—Subpara- objectives of the Naval ROTC program to meet SHIP TO WAR POWERS RESOLUTION.—’’ after graph (E) of section 1370(d)(3) of title 10, United the annual requirement for newly commissioned ‘‘(h)’’. States Code, is amended to read as follows: Navy ensigns and Marine Corps second lieuten- (b) USE OF ACTIVE GUARD AND RESERVE PER- ‘‘(E) To the extent authorized by the Sec- ants, as well as the overall needs of the officer SONNEL.—(1) Section 12310 of title 10, United retary of the military department concerned, a corps of the Department of the Navy; and States Code, is amended by adding at the end person who, after having been found qualified (2) within the determination under paragraph the following new subsection: for Federal recognition in a higher grade by a (1), whether the likelihood of a scholarship ‘‘(c)(1) A Reserve on active duty as described board under section 307 of title 32, serves in a awardee who wants to attend a school of choice in subsection (a), or a Reserve who is a member position for which that grade is the minimum in the student’s State of residence can be in- of the National Guard serving on full-time Na- authorized grade and is appointed as a reserve creased. tional Guard duty under section 502(f) of title 32 officer in that grade may be credited for the (c) MATTERS REVIEWED.—The matters re- in connection with functions referred to in sub- purposes of subparagraph (A) as having served viewed should include the following: section (a), may, subject to paragraph (3), per- in that grade. The period of the service for (1) The factors and criteria considered in the form duties in support of emergency prepared- which credit is afforded under the preceding process of determining the allocation of NROTC ness programs to prepare for or to respond to sentence may only be the period for which the scholarships to host colleges and universities. any emergency involving the use of a weapon of person served in the position after the Senate (2) Historical data indicating the extent to mass destruction (as defined in section 1403 of provides advice and consent for the appoint- which NROTC scholarship recipients attend col- the Defense Against Weapons of Mass Destruc- ment.’’. (b) EFFECTIVE DATE.—The amendment made leges and universities they have indicated a tion Act of 1996 (50 U.S.C. 2302(1))). by subsection (a) shall take effect on the date of preference to attend, as opposed to attending ‘‘(2) The costs of the pay, allowances, cloth- the enactment of this Act and shall apply with solely or mainly in order to receive an NROTC ing, subsistence, gratuities, travel, and related respect to appointments to higher grades that scholarship. expenses for a Reserve performing duties under take effect after that date. (3) The extent to which the process used by the authority of paragraph (1) shall be paid the Navy to allocate NROTC scholarships to from the appropriation that is available to pay SEC. 513. REDUCED TIME-IN-GRADE REQUIRE- participating colleges and universities contrib- MENT FOR RESERVE GENERAL AND such costs for other members of the reserve com- FLAG OFFICERS INVOLUNTARILY utes to optimizing resources available for the op- ponent of that Reserve who are performing du- TRANSFERRED FROM ACTIVE STA- eration of the NROTC program and improving ties as described in subsection (a). TUS. the professional education of NROTC mid- ‘‘(3) A Reserve may perform duties described (a) MINIMUM SERVICE IN ACTIVE STATUS.— shipmen. in paragraph (1) only— Section 1370(d)(3) of title 10, United States Code, (4) The effects that eliminating the controlled ‘‘(A) while assigned to the Department of De- as amended by section 511, is further amended allocation of scholarships to host colleges and fense Consequence Management Program Inte- by adding at the end the following new sub- universities, entirely or by State, would have on gration Office; or paragraph: the NROTC program. ‘‘(B) while assigned to a reserve component ‘‘(F) A person covered by subparagraph (A) (d) CONSULTATION REQUIREMENT.—In carry- rapid assessment element team and performing who has completed at least six months of satis- ing out a review under subsection (a), the Sec- those duties within the geographical limits of factory service in a grade above colonel or (in retary should consult with officials of interested the United States, its territories and possessions, the case of the Navy) captain and, while serving associations and of colleges and universities the District of Columbia, and the Common- in an active status in such grade, is involuntar- which host ROTC units and such other officials wealth of Puerto Rico. ily transferred (other than for cause) from ac- as the Secretary considers appropriate. ‘‘(4) The number of Reserves on active duty tive status may be credited with satisfactory Subtitle B—Reserve Component Matters who are performing duties described in para- service in the grade in which serving at the time of such transfer, notwithstanding failure of the SEC. 511. USE OF RESERVES FOR EMERGENCIES graph (1) at the same time may not exceed 228. INVOLVING WEAPONS OF MASS DE- Reserves on active duty who are performing du- person to complete three years of service in that STRUCTION. ties described in paragraph (1) shall be counted grade.’’. (b) EFFECTIVE DATE.—Subparagraph (F) of (a) ORDER TO ACTIVE DUTY.—(1) Section 12304 against the annual end strength authorizations of title 10, United States Code, is amended— required by section 115(a)(1)(B) and 115(a)(2) of such section, as added by subsection (a), shall (A) in subsection (a), by inserting ‘‘or that it this title. The justification material for the de- take effect on the date of the enactment of this is necessary to provide assistance referred to in fense budget request for a fiscal year shall iden- Act and shall apply with respect to transfers re- subsection (b)’’ after ‘‘to augment the active tify the number and component of the Reserves ferred to in such subparagraph that are made on or after that date. forces for any operational mission’’; programmed to be performing duties described in (B) in subsection (b)— paragraph (1) during that fiscal year. SEC. 514. ACTIVE STATUS SERVICE REQUIRE- (i) by striking out ‘‘(b)’’ and inserting in lieu ‘‘(5) A reserve component rapid assessment MENT FOR PROMOTION CONSIDER- ATION FOR ARMY AND AIR FORCE thereof ‘‘(c) LIMITATIONS.—(1)’’; and element team, and any Reserve assigned to such RESERVE COMPONENT BRIGADIER (ii) by striking out ‘‘, or to provide’’ and in- a team, may not be used to respond to an emer- GENERALS. serting in lieu thereof ‘‘or, except as provided in gency described in paragraph (1) unless the Sec- Section 14301 of title 10, United States Code, is subsection (b), to provide’’; retary of Defense has certified to the Committee amended by adding at the end the following (C) by redesignating subsection (c) as para- on Armed Services of the Senate and the Com- new subsection: graph (2); and mittee on National Security of the House of Rep- ‘‘(g) A reserve component brigadier general of (D) by inserting after subsection (a) the fol- resentatives that that team, or that Reserve, the Army or the Air Force who is in an inactive lowing new subsection (b): possesses the requisite skills, training, and status is eligible (notwithstanding subsection ‘‘(b) SUPPORT FOR RESPONSES TO CERTAIN equipment to be proficient in all mission require- (a)) for consideration for promotion to major EMERGENCIES.—The authority under subsection ments. general by a promotion board convened under (a) includes authority to order a unit or member ‘‘(6) If the Secretary of Defense submits to section 14101(a) of this title if the officer— to active duty to provide assistance in respond- Congress any request for the enactment of legis- ‘‘(1) has been in an inactive status for less ing to an emergency involving a use or threat- lation to modify the requirements of paragraph than one year as of the date of the convening of ened use of a weapon of mass destruction.’’. (3) or to increase the number of personnel au- the promotion board; and (2) Subsection (i) of such section is amended thorized by paragraph (4), the Secretary shall ‘‘(2) had continuously served for at least one to read as follows: provide with the request— year on the reserve active status list or the ac- ‘‘(i) DEFINITIONS.—In this section: ‘‘(A) justification for each such requested tive duty list (or a combination of both) imme- ‘‘(1) The term ‘Individual Ready Reserve mo- modification or for the requested additional per- diately before the officer’s most recent transfer bilization category’ means, in the case of any sonnel and explain the need for the increase in to an inactive status.’’. H8124 CONGRESSIONAL RECORD — HOUSE September 22, 1998

SEC. 515. COMPOSITION OF SELECTIVE EARLY RE- Subtitle C—Military Education and Training ‘‘(b) ALTERNATIVE SEPARATE HOUSING.—If TIREMENT BOARDS FOR REAR ADMI- SEC. 521. SEPARATE HOUSING FOR MALE AND FE- male recruits and female recruits cannot be RALS OF THE NAVAL RESERVE AND MALE RECRUITS DURING RECRUIT housed as provided under subsection (a) by Oc- MAJOR GENERALS OF THE MARINE BASIC TRAINING. tober 1, 2001, at a particular installation, the CORPS RESERVE. (a) ARMY.—(1) Chapter 401 of title 10, United Secretary of the Navy shall require (on and (a) IN GENERAL.—Section 14705(b) of title 10, States Code, is amended by adding at the end after that date) that male recruits in basic train- United States Code, is amended— the following new section: ing at such installation be housed in barracks or (1) by inserting ‘‘(1)’’ after ‘‘(b) BOARDS.—’’; ‘‘§ 4319. Recruit basic training: separate hous- other troop housing facilities that are only for and ing for male and female recruits males and that female recruits in basic training (2) by adding at the end the following: ‘‘(a) PHYSICALLY SEPARATE HOUSING.—(1) The at such installation be housed in barracks or ‘‘(2) In the case of such a board convened to Secretary of the Army shall provide for housing other troop housing facilities that are only for consider officers in the grade of rear admiral or male recruits and female recruits separately and females. major general, the Secretary of the Navy may securely from each other during basic training. ‘‘(c) CONSTRUCTION PLANNING.—In planning appoint the board without regard to section ‘‘(2) To meet the requirements of paragraph for the construction of housing to be used for 14102(b) of this title. In doing so, however, the (1), the sleeping areas and latrine areas pro- housing recruits during basic training, the Sec- Secretary shall ensure that— vided for male recruits shall be physically sepa- retary of the Navy shall ensure that the housing ‘‘(A) each regular commissioned officer ap- rated from the sleeping areas and latrine areas is to be constructed in a manner that facilitates pointed to the board holds a grade higher than provided for female recruits by permanent walls, the housing of male recruits and female recruits the grade of rear admiral or major general; and and the areas for male recruits and the areas for separately and securely from each other. ‘‘(B) at least one member of the board is a re- female recruits shall have separate entrances. ‘‘(d) BASIC TRAINING DEFINED.—In this sec- serve officer who holds the grade of rear admiral ‘‘(3) The Secretary shall ensure that, when a tion, the term ‘basic training’ means the initial or major general.’’. recruit is in an area referred to in paragraph entry training programs of the Navy and Ma- (b) TECHNICAL AMENDMENTS.—Paragraph (1) (2), the area is supervised by one or more per- rine Corps that constitute the basic training of of such section, as designated by subsection sons who are authorized and trained to super- new recruits.’’. (a)(1), is amended— vise the area. (2) The tables of chapters at the beginning of ‘‘(b) ALTERNATIVE SEPARATE HOUSING.—If subtitle C, and at the beginning of part III of (1) by inserting ‘‘of officers’’ after ‘‘consider- male recruits and female recruits cannot be subtitle C, of such title are amended by inserting ation’’; and housed as provided under subsection (a) by Oc- after the item relating to chapter 601 the follow- (2) by inserting ‘‘continuation’’ after ‘‘shall tober 1, 2001, at a particular installation, the ing new item: convene a’’. Secretary of the Army shall require (on and ‘‘602. Training Generally ...... 6931’’. SEC. 516. AUTHORITY FOR TEMPORARY WAIVER after that date) that male recruits in basic train- (3) The Secretary of the Navy shall implement FOR CERTAIN ARMY RESERVE OFFI- ing at such installation be housed in barracks or section 6931 of title 10, United States Code, as CERS OF BACCALAUREATE DEGREE other troop housing facilities that are only for added by paragraph (1), as rapidly as feasible REQUIREMENT FOR PROMOTION OF and shall ensure that the provisions of that sec- RESERVE OFFICERS. males and that female recruits in basic training at such installation be housed in barracks or tion are applied to all recruit basic training (a) WAIVER AUTHORITY FOR ARMY OCS GRAD- other troop housing facilities that are only for classes beginning not later than the first such UATES.—The Secretary of the Army may waive females. class that enters basic training on or after April the applicability of section 12205(a) of title 10, ‘‘(c) CONSTRUCTION PLANNING.—In planning 15, 1999. United States Code, to any officer who before for the construction of housing to be used for (c) AIR FORCE.—(1) Chapter 901 of title 10, the date of the enactment of this Act was com- housing recruits during basic training, the Sec- United States Code, is amended by adding at the missioned through the Army Officer Candidate retary of the Army shall ensure that the hous- end the following new section: School. Any such waiver shall be made on a ing is to be constructed in a manner that facili- case-by-case basis, considering the individual ‘‘§ 9319. Recruit basic training: separate hous- tates the housing of male recruits and female re- ing for male and female recruits circumstances of the officer involved, and may cruits separately and securely from each other. ‘‘(a) PHYSICALLY SEPARATE HOUSING.—(1) The continue in effect for no more than two years ‘‘(d) BASIC TRAINING DEFINED.—In this sec- after the waiver is granted. The Secretary may tion, the term ‘basic training’ means the initial Secretary of the Air Force shall provide for provide for such a waiver to be effective before entry training program of the Army that con- housing male recruits and female recruits sepa- the date of the waiver, as appropriate in an in- stitutes the basic training of new recruits.’’. rately and securely from each other during basic dividual case. (2) The table of sections at the beginning of training. (b) EXPIRATION OF AUTHORITY.—A waiver such chapter is amended by adding at the end ‘‘(2) To meet the requirements of paragraph under this section may not be granted after Sep- the following new item: (1), the sleeping areas and latrine areas pro- vided for male recruits shall be physically sepa- tember 30, 2000. ‘‘4319. Recruit basic training: separate housing rated from the sleeping areas and latrine areas for male and female recruits.’’. SEC. 517. FURNISHING OF BURIAL FLAGS FOR DE- provided for female recruits by permanent walls, CEASED MEMBERS AND FORMER (3) The Secretary of the Army shall implement and the areas for male recruits and the areas for MEMBERS OF THE SELECTED RE- section 4319 of title 10, United States Code, as SERVE. female recruits shall have separate entrances. added by paragraph (1), as rapidly as feasible Section 2301 of title 38, United States Code, is ‘‘(3) The Secretary shall ensure that, when a and shall ensure that the provisions of that sec- recruit is in an area referred to in paragraph amended by adding at the end the following tion are applied to all recruit basic training new subsection: (2), the area is supervised by one or more per- classes beginning not later than the first such sons who are authorized and trained to super- ‘‘(f)(1) The Secretary shall furnish a flag to class that enters basic training on or after April vise the area. drape the casket of each deceased member or 15, 1999. ‘‘(b) ALTERNATIVE SEPARATE HOUSING.—If former member of the Selected Reserve (as (b) NAVY AND MARINE CORPS.—(1) Part III of male recruits and female recruits cannot be ±described in section 10143 of title 10) who is not subtitle C of title 10, United States Code, is housed as provided under subsection (a) by Oc- otherwise eligible for a flag under this section or amended by inserting after chapter 601 the fol- tober 1, 2001, at a particular installation, the section 1482(a) of title 10— lowing new chapter: Secretary of the Air Force shall require (on and ‘‘(A) who completed at least one enlistment as ‘‘CHAPTER 602—TRAINING GENERALLY after that date) that male recruits in basic train- a member of the Selected Reserve or, in the case ‘‘Sec. ing at such installation be housed in barracks or of an officer, completed the period of initial obli- ‘‘6931. Recruit basic training: separate housing other troop housing facilities that are only for gated service as a member of the Selected Re- for male and female recruits. males and that female recruits in basic training serve; ‘‘§ 6931. Recruit basic training: separate hous- at such installation be housed in barracks or ‘‘(B) who was discharged before completion of ing for male and female recruits other troop housing facilities that are only for the person’s initial enlistment as a member of ‘‘(a) PHYSICALLY SEPARATE HOUSING.—(1) The females. the Selected Reserve or, in the case of an officer, Secretary of the Navy shall provide for housing ‘‘(c) CONSTRUCTION PLANNING.—In planning period of initial obligated service as a member of male recruits and female recruits separately and for the construction of housing to be used for the Selected Reserve, for a disability incurred or securely from each other during basic training. housing recruits during basic training, the Sec- aggravated in line of duty; or ‘‘(2) To meet the requirements of paragraph retary of the Air Force shall ensure that the ‘‘(C) who died while a member of the Selected (1), the sleeping areas and latrine areas pro- housing is to be constructed in a manner that Reserve. vided for male recruits shall be physically sepa- facilitates the housing of male recruits and fe- ‘‘(2) A flag may not be furnished under sub- rated from the sleeping areas and latrine areas male recruits separately and securely from each paragraphs (A) or (B) of paragraph (1) in the provided for female recruits by permanent walls, other. case of a person whose last discharge from serv- and the areas for male recruits and the areas for ‘‘(d) BASIC TRAINING DEFINED.—In this sec- ice in the Armed Forces was under conditions female recruits shall have separate entrances. tion, the term ‘basic training’ means the initial less favorable than honorable. ‘‘(3) The Secretary shall ensure that, when a entry training program of the Air Force that ‘‘(3) After the burial, a flag furnished under recruit is in an area referred to in paragraph constitutes the basic training of new recruits.’’. paragraph (1) shall be given to the next of kin (2), the area is supervised by one or more per- (2) The table of sections at the beginning of or to such other person as the Secretary consid- sons who are authorized and trained to super- such chapter is amended by adding at the end ers appropriate.’’. vise the area. the following new item: September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8125 ‘‘9319. Recruit basic training: separate housing added by paragraph (1), as rapidly as feasible that seeks additional funding from the Secretary for male and female recruits.’’. and shall ensure that the provisions of that sec- of Defense, by the Secretary of Defense. (3) The Secretary of the Air Force shall imple- tion are applied to all recruit basic training ‘‘(2) Ensure that each project that is con- ment section 9319 of title 10, United States Code, classes beginning not later than the first such ducted in accordance with this section is re- as added by paragraph (1), as rapidly as fea- class that enters basic training on or after April quired to provide, within a specified period fol- sible and shall ensure that the provisions of that 15, 1999. lowing completion of the project, an after-action section are applied to all recruit basic training (c) AIR FORCE.—(1) Chapter 901 of title 10, report to the Secretary of Defense. ‘‘(3) Require that each application for a classes beginning not later than the first such United States Code, is amended by adding after project to be conducted in accordance with this class that enters basic training on or after April section 9319, as added by section 521(c)(1), the section include an analysis and certification 15, 1999. following new section: that the proposed project would not result in a (d) GAO REVIEW OF COSTS OF SEPARATE ‘‘§ 9320. Recruit basic training: privacy significant increase in the cost of training (as HOUSING FACILITIES FOR MALE AND FEMALE RE- ‘‘The Secretary of the Air Force shall require determined in accordance with procedures pre- CRUITS DURING RECRUIT BASIC TRAINING.—Not that access by military training instructors and scribed by the Secretary of Defense). later than March 1, 1999, the Comptroller Gen- other training personnel to a living area in ‘‘(4) Determine the total program cost for each eral shall submit to the Committee on Armed which recruits are housed during basic training project, including both those costs that are Services of the Senate and the Committee on Na- shall be limited after the end of the training borne by the military departments from their tional Security of the House of Representatives day, other than in the case of an emergency or own accounts and those costs that are borne by a report on the costs that would be incurred by other exigent circumstance, to military training defense-wide accounts. each of the military departments if required to instructors and other training personnel who ‘‘(5) Provide for oversight of project execution provide housing for male and female recruits are of the same sex as the recruits housed in to ensure that a training project under this sec- during basic training in separate structures. that living area or to superiors in the chain of tion is carried out in accordance with the pro- The report shall be prepared separately for each command of those recruits who, if not of the posal for that project as approved.’’. of the Army, Navy, and Air Force and shall be same sex as the recruits housed in that living (b) IMPLEMENTATION.—The Secretary of De- based on reviews and cost analyses prepared area, are accompanied by a member (other than fense may not initiate any project under section independently of the Department of Defense. a recruit) who is of the same sex as the recruits 2012 of title 10, United States Code, after Octo- SEC. 522. AFTER-HOURS PRIVACY FOR RECRUITS housed in that living area.’’. ber 1, 1998, until the program required by sub- DURING BASIC TRAINING. (2) The table of sections at the beginning of section (i) of that section (as added by sub- (a) ARMY.—(1) Chapter 401 of title 10, United such chapter is amended by adding after the section (a)) has been established. States Code, is amended by adding after section item relating to section 9319, as added by section Subtitle D—Decorations, Awards, and 4319, as added by section 521(a)(1), the following 521(c)(2), the following new item: Commendations new section: ‘‘9320. Recruit basic training: privacy.’’. SEC. 531. STUDY OF NEW DECORATIONS FOR IN- ‘‘§ 4320. Recruit basic training: privacy (3) The Secretary of the Air Force shall imple- JURY OR DEATH IN LINE OF DUTY. ‘‘The Secretary of the Army shall require that ment section 9320 of title 10, United States Code, (a) STUDY OF NEED AND CRITERIA FOR NEW access by drill sergeants and other training per- as added by paragraph (1), as rapidly as fea- DECORATION.—(1) The Secretary of Defense shall carry out a study of the need for, and the sonnel to a living area in which recruits are sible and shall ensure that the provisions of that the appropriate criteria for, two possible new housed during basic training shall be limited section are applied to all recruit basic training classes beginning not later than the first such decorations. after the end of the training day, other than in (2) The first such decoration would, if imple- class that enters basic training on or after April the case of an emergency or other exigent cir- mented, be awarded to members of the Armed 15, 1999. cumstance, to drill sergeants and other training Forces who, while serving under competent au- personnel who are of the same sex as the re- SEC. 523. SENSE OF THE HOUSE OF REPRESENTA- thority in any capacity with the Armed Forces, cruits housed in that living area or to superiors TIVES RELATING TO SMALL UNIT AS- SIGNMENTS BY GENDER DURING RE- are killed or injured in the line of duty as a re- in the chain of command of those recruits who, sult of noncombat circumstances occurring— if not of the same sex as the recruits housed in CRUIT BASIC TRAINING. It is the sense of the House of Representatives (A) as a result of an international terrorist at- that living area, are accompanied by a member tack against the United States or a foreign na- (other than a recruit) who is of the same sex as that the Secretary of each military department should require that during recruit basic training tion friendly to the United States; the recruits housed in that living area.’’. (B) while engaged in, training for, or travel- male recruits and female recruits be assigned to (2) The table of sections at the beginning of ing to or from a peacetime or contingency oper- separate units at the small unit levels des- such chapter is amended by adding after the ation; or item relating to section 4319, as added by section ignated by the different services as platoons, di- (C) while engaged in, training for, or travel- 521(a)(2), the following new item: visions, or flights, as recommended in the report ing to or from service outside the territory of the of the Federal Advisory Committee on Gender- ‘‘4320. Recruit basic training: privacy.’’. United States as part of a peacekeeping force. Integrated Training and Related Issues, chaired (3) The second such decoration would, if im- (3) The Secretary of the Army shall implement by Nancy Kassebaum-Baker, that was submitted plemented, be awarded to civilian nationals of section 4320 of title 10, United States Code, as to the Secretary of Defense on December 16, the United States who, while serving under com- added by paragraph (1), as rapidly as feasible 1997. petent authority in any capacity with the and shall ensure that the provisions of that sec- SEC. 524. EXTENSION OF REPORTING DATES FOR Armed Forces, are killed or injured in the line of tion are applied to all recruit basic training COMMISSION ON MILITARY TRAIN- duty under circumstances which, if they were classes beginning not later than the first such ING AND GENDER-RELATED ISSUES. members of the Armed Forces, would qualify class that enters basic training on or after April (a) FIRST REPORT.—Subsection (e)(1) of sec- them for award of the Purple Heart or the medal 15, 1999. tion 562 of the National Defense Authorization described in paragraph (2). (b) NAVY.—(1) Chapter 602 of title 10, United Act for Fiscal Year 1998 (Public Law 105–85; 111 (b) RECOMMENDATION TO CONGRESS.—Not States Code, as added by section 521(b)(1), is Stat. 1754) is amended by striking out ‘‘April 15, later than July 31, 1999, the Secretary shall sub- amended by adding at the end the following 1998’’ and inserting in lieu thereof ‘‘October 15, mit to Congress a report setting forth the Sec- new section: 1998’’. retary’s recommendation concerning the need ‘‘§ 6932. Recruit basic training: privacy (b) FINAL REPORT.—Subsection (e)(2) of such for, and propriety of, each of the possible new ‘‘The Secretary of the Navy shall require that section is amended by striking out ‘‘September decorations referred to in subsection (a). access by recruit division commanders and other 16, 1998’’ and inserting in lieu thereof ‘‘March (c) COORDINATION.—The Secretary shall carry training personnel to a living area in which 15, 1999’’. out this section in coordination with the Sec- Navy recruits are housed during basic training SEC. 525. IMPROVED OVERSIGHT OF INNOVATIVE retaries of the military departments and the Sec- shall be limited after the end of the training READINESS TRAINING. retary of Transportation with regard to the day, other than in the case of an emergency or (a) IN GENERAL.—Section 2012 of title 10, Coast Guard. other exigent circumstance, to recruit division United States Code, is amended by adding at the SEC. 532. WAIVER OF TIME LIMITATIONS FOR commanders and other training personnel who end the following new subsection: AWARD OF CERTAIN DECORATIONS ‘‘(j) OVERSIGHT AND COST ACCOUNTING.—The are of the same sex as the recruits housed in TO CERTAIN PERSONS. Secretary of Defense shall establish a program that living area or to superiors in the chain of (a) WAIVER.—Any limitation established by to improve the oversight and cost accounting of command of those recruits who, if not of the law or policy for the time within which a rec- training projects conducted in accordance with same sex as the recruits housed in that living ommendation for the award of a military deco- this section. The program shall include measures area, are accompanied by a member (other than ration or award must be submitted shall not to accomplish the following: a recruit) who is of the same sex as the recruits apply to awards of decorations described in this ‘‘(1) Ensure that each project that is proposed housed in that living area.’’. section, the award of each such decoration hav- to be conducted in accordance with this section (2) The table of sections at the beginning of ing been determined by the Secretary of the mili- (regardless of whether additional funding from such chapter is amended by adding at the end tary department concerned to be warranted in the Secretary of Defense is sought) is requested the following new item: accordance with section 1130 of title 10, United in writing, reviewed for full compliance with States Code. ‘‘6932. Recruit basic training: privacy.’’. this section, and approved in advance of initi- (b) DISTINGUISHED-SERVICE CROSS.—Sub- (3) The Secretary of the Navy shall implement ation by the Secretary of the military depart- section (a) applies to the award of the Distin- section 6932 of title 10, United States Code, as ment concerned and, in the case of a project guished-Service Cross of the Army as follows: H8126 CONGRESSIONAL RECORD — HOUSE September 22, 1998 (1) To Isaac Camacho of El Paso, Texas, for United States Navy during the period from 1910 of Korea marines, the Capital and White Horse extraordinary heroism in actions at Camp Hiep to 1942; and divisions, the Royal Thai Army Black Panther Hoa in Vietnam on November 24, 1963, while (2) honors those who gave their lives in the Division, the Royal Australian Regiment, the serving as a member of the Army. line of duty while serving in the Asiatic Fleet. New Zealand ‘‘V’’ force, and the 1st Philippine (2) To Bruce P. Crandall of Mesa, Arizona, (c) COMMEMORATION OF UNITED STATES NAVY Civic Action Group. for extraordinary heroism in actions at Landing ASIATIC FLEET.—The President is authorized (b) SENSE OF CONGRESS.—Congress recognizes Zone X-Ray in Vietnam on November 14, 1965, and requested to issue a proclamation designat- and honors the members and former members of while serving as a member of the Army. ing an appropriate commemoration of the the military forces of South Vietnam, the Re- (3) To Leland B. Fair of Jessieville, Arkansas, United States Navy Asiatic Fleet and calling public of Korea, Thailand, Australia, New Zea- for extraordinary heroism in actions in the Phil- upon the people of the United States to observe land, and the Philippines, as well as members of ippine Islands on July 4, 1945, while serving as such commemoration with appropriate pro- the Hmong, Nung, Montagnard, Kahmer, Hoa a member of the Army. grams, ceremonies, and activities. Hao, and Cao Dai, for their heroism, sacrifice, (c) DISTINGUISHED-SERVICE MEDAL.—Sub- SEC. 534. APPRECIATION FOR SERVICE DURING and service in connection with United States section (a) applies to the award of the Distin- WORLD WAR I AND WORLD WAR II BY Armed Forces during the Vietnam conflict. guished-Service Medal of the Army to Richard MEMBERS OF THE NAVY ASSIGNED SEC. 536. SENSE OF CONGRESS REGARDING THE P. Sakakida of Fremont, California, for excep- ON BOARD MERCHANT SHIPS AS THE HEROISM, SACRIFICE, AND SERVICE tionally meritorious service while a prisoner of NAVAL ARMED GUARD SERVICE. OF FORMER SOUTH VIETNAMESE war in the Philippine Islands from May 7, 1942, (a) FINDINGS.—Congress makes the following COMMANDOS IN CONNECTION WITH to September 14, 1945, while serving as a member findings: UNITED STATES ARMED FORCES of the Army. (1) The Navy established a special force dur- DURING THE VIETNAM CONFLICT. (d) NAVY CROSS.—Subsection (a) applies to the ing both World War I and World War II, known (a) FINDINGS.—Congress finds the following: posthumous award of the Navy Cross to Joseph as the Naval Armed Guard Service, to protect (1) South Vietnamese commandos were re- F. Keenan for extraordinary heroism in actions merchant ships of the United States from enemy cruited by the United States as part of OPLAN on March 26–27, 1953, while serving as a member attack by stationing members of the Navy and 34A or its predecessor or OPLAN 35 from 1961 to of the Navy. weapons on board those ships. 1970. (e) SILVER STAR MEDAL.—Subsection (a) ap- (2) Members of the Naval Armed Guard Serv- (2) The commandos conducted covert oper- plies to the award of the Silver Star Medal of ice served on 6,236 merchant ships during World ations in North Vietnam during the Vietnam the Navy to Andrew A. Bernard of Methuen, War II, of which 710 were sunk by enemy ac- conflict. Massachusetts, for gallantry in action on No- tion. (3) Many of the commandos were captured vember 24, 1943, while serving as a member of (3) Over 144,900 members of the Navy served in and imprisoned by North Vietnamese forces, the Navy. the Naval Armed Guard Service during World some for as long as 20 years. (f) DISTINGUISHED FLYING CROSS.—Subsection War II as officers, gun crewmen, signalmen, and (4) The commandos served and fought proudly (a) applies to the award of the Distinguished radiomen, of whom 1,810 were killed in action. during the Vietnam conflict. Flying Cross for service during World War II or (4) The efforts of the members of the Naval (5) Many of the commandos lost their lives Korea (including multiple awards to the same Armed Guard Service played a significant role serving in operations conducted by the United individual) in the case of each individual (not in the safe passage of United States merchant States during the Vietnam conflict. covered by section 573(d) of the National De- ships to their destinations in the Soviet Union (6) Many of the Vietnamese commandos now fense Authorization Act for Fiscal Year 1998 and various locations in western Europe and reside in the United States. (Public Law 105–85; 111 Stat. 1757)) concerning the Pacific Theater. (b) SENSE OF CONGRESS—Congress recognizes whom the Secretary of the Navy (or an officer of (5) The efforts of the members of the Navy and honors the former South Vietnamese com- the Navy acting on behalf of the Secretary) sub- who served in the Naval Armed Guard Service mandos for their heroism, sacrifice, and service mitted to the Committee on National Security of have been largely overlooked due to the rapid in connection with United States Armed Forces the House of Representatives and the Committee disbanding of the service after World War II during the Vietnam conflict. on Armed Services of the Senate, before the date and lack of adequate records. SEC. 537. PROHIBITION ON MEMBERS OF ARMED of the enactment of this Act, a notice as pro- (6) Recognition of the service of the naval per- FORCES ENTERING CORRECTIONAL vided in section 1130(b) of title 10, United States sonnel who served in the Naval Armed Guard FACILITIES TO PRESENT DECORA- Code, that the award of the Distinguished Fly- Service is highly warranted and long overdue. TIONS TO PERSONS WHO HAVE COM- ing Cross to that individual is warranted and (b) SENSE OF THE CONGRESS.—Congress ex- MITTED SERIOUS VIOLENT FELO- that a waiver of time restrictions prescribed by presses its appreciation, and the appreciation of NIES. law for recommendation for such award is rec- the American people, for the dedicated service (a) PROHIBITION.—Chapter 57 of title 10, ommended. performed during World War I and World War United States Code, is amended by adding at the SEC. 533. COMMENDATION AND COMMEMORA- II by members of the Navy assigned as gun end the following new section: TION OF THE NAVY AND MARINE crews on board merchant ships as part of the ‘‘§ 1132. Presentation of decorations: prohibi- CORPS PERSONNEL WHO SERVED IN Naval Armed Guard Service. tion on entering correctional facilities for THE UNITED STATES NAVY ASIATIC SEC. 535. SENSE OF CONGRESS REGARDING THE presentation to prisoners convicted of seri- FLEET FROM 1910–1942. HEROISM, SACRIFICE, AND SERVICE ous violent felonies (a) FINDINGS.—Congress makes the following OF THE MILITARY FORCES OF findings: SOUTH VIETNAM, OTHER NATIONS, ‘‘(a) PROHIBITION.—A member of the armed (1) The United States established the Asiatic AND INDIGENOUS GROUPS IN CON- forces may not enter a Federal, State, local, or Fleet of the Navy in 1910 to protect United NECTION WITH THE UNITED STATES foreign correctional facility to present a decora- States nationals, policies, and possessions in the ARMED FORCES DURING THE VIET- tion to a person who is incarcerated due to con- Far East. NAM CONFLICT. viction of a serious violent felony. (2) The sailors and Marines of the Asiatic (a) FINDINGS.—Congress finds the following: ‘‘(b) DEFINITIONS.—In this section: Fleet ensured the safety of United States and (1) South Vietnam, Australia, South Korea, ‘‘(1) The term ‘decoration’ means any decora- foreign nationals and provided humanitarian Thailand, New Zealand, and the Philippines tion or award that may be presented or awarded assistance in that region during the Chinese contributed military forces, together with the to a member of the armed forces. civil war, the Yangtze Flood of 1931, and the United States, during military operations con- ‘‘(2) The term ‘serious violent felony’ has the outbreak of Sino-Japanese hostilities. ducted in Southeast Asia during the Vietnam meaning given that term in section 3559(c)(2)(F) (3) In 1940, due to deteriorating political rela- conflict. of title 18.’’. tions and increasing tensions between the (2) Indigenous groups, such as the Hmong, (b) CLERICAL AMENDMENT.—The table of sec- United States and Japan, a reinforced Asiatic Nung, Montagnard, Kahmer, Hoa Hao, and Cao tions at the beginning of that chapter is amend- Fleet began concentrating on the defense of the Dai contributed military forces, together with ed by adding at the end the following new item: Philippines and engaged in extensive training to the United States, during military operations ‘‘1132. Presentation of decorations: prohibition ensure maximum operational readiness for any conducted in Southeast Asia during the Viet- on entering correctional facilities eventuality. nam conflict. for presentation to prisoners con- (4) Following the declaration of war against (3) The contributions of these combat forces victed of serious violent felo- Japan in December 1941, the warships, sub- continued through long years of armed conflict. nies.’’. (4) As a result, in addition to the United marines, and aircraft of the Asiatic Fleet coura- Subtitle E—Administration of Agencies Re- geously fought many battles against superior States casualties exceeding 210,000, this willing- ness to participate in the Vietnam conflict re- sponsible for Review and Correction of Mili- Japanese forces. tary Records (5) The Asiatic Fleet directly suffered the loss sulted in the death and wounding of more than of 22 vessels, 1,826 men killed or missing in ac- 1,000,000 military personnel from South Vietnam SEC. 541. PERSONNEL FREEZE. tion, and 518 men captured and imprisoned and 16,000 from other allied nations. (a) LIMITATION.—During fiscal years 1999, under the worst of conditions, with many of (5) The service of the Vietnamese, indigenous 2000, and 2001, the Secretary of a military de- them dying while held as prisoners of war. groups, and other allied nations was repeatedly partment may not carry out any reduction in (b) CONGRESSIONAL COMMENDATION.—Con- marked by exceptional heroism and sacrifice, the number of military and civilian personnel gress— with particularly noteworthy contributions assigned to duty with the service review agency (1) commends the Navy and Marine Corps per- being made by the Vietnamese airborne, com- for that military department below the baseline sonnel who served in the Asiatic Fleet of the mando, infantry and ranger units, the Republic number for that agency until— September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8127 (1) the Secretary submits to Congress a report directly to the applicant’s case or have a mate- partment was unable to meet the applicable that describes the reduction proposed to be rial effect on the applicant’s case. timeliness standard for that fiscal year under made, provides the Secretary’s rationale for that ‘‘(b) EXCEPTIONS.—Subsection (a) does not subsections (a) and (b). The report shall specify reduction, and specifies the number of such per- apply to the following: the reasons why the standard could not be met sonnel that would be assigned to duty with that ‘‘(1) Classified information. and the corrective actions initiated to ensure agency after the reduction; and ‘‘(2) Information the release of which is other- compliance in the future. The report shall also (2) a period of 90 days has elapsed after the wise prohibited by law or regulation. specify the number of waivers granted under date on which such report is submitted. ‘‘(3) Any record previously provided to the ap- subsection (c) during that fiscal year. (b) BASELINE NUMBER.—The baseline number plicant or known to be possessed by the appli- ‘‘(f) CORRECTIONS BOARD DEFINED.—In this for a service review agency under this section cant. section, the term ‘Corrections Board’ means— is— ‘‘(4) Any correspondence that is purely ad- ‘‘(1) with respect to the Department of the (1) for purposes of the first report with respect ministrative in nature. Army, the Army Board for Correction of Mili- to a service review agency under this section, ‘‘(5) Any military record that is (or may be) tary Records; the number of military and civilian personnel provided to the applicant by the Secretary of the ‘‘(2) with respect to the Department of the assigned to duty with that agency as of October military department or other source.’’. Navy, the Board for Correction of Naval 1, 1997; and (2) The table of sections at the beginning of Records; and (2) for purposes of any subsequent report with such chapter is amended by adding after the ‘‘(3) with respect to the Department of the Air respect to a service review agency under this item relating to 1555, as added by section Force, the Air Force Board for Correction of section, the number of such personnel specified 542(a)(2), the following new item: Military Records.’’. in the most recent report with respect to that ‘‘1556. Ex parte communications prohibited.’’. (b) CLERICAL AMENDMENT.—The table of sec- agency under this section. (b) EFFECTIVE DATE.—Section 1556 of title 10, tions at the beginning of such chapter is amend- (c) SERVICE REVIEW AGENCY DEFINED.—In this United States Code, as added by subsection (a), ed by adding after the item relating to section section, the term ‘‘service review agency’’ shall apply with respect to correspondence and 1556, as added by section 543(a)(2), the following means— communications made 60 days or more after the new item: (1) with respect to the Department of the date of the enactment of this Act. Army, the Army Review Boards Agency; ‘‘1557. Timeliness standards for disposition of (2) with respect to the Department of the SEC. 544. TIMELINESS STANDARDS. applications before Corrections Navy, the Board for Correction of Naval (a) IN GENERAL.—Chapter 79 of title 10, Boards.’’. Records; and United States Code, is amended by adding after SEC. 545. SCOPE OF CORRECTION OF MILITARY (3) with respect to the Department of the Air section 1556, as added by section 543(a)(1), the RECORDS. Force, the Air Force Review Boards Agency. following new section: (a) PAYMENT OF CLAIMS ARISING FROM COR- SEC. 542. PROFESSIONAL STAFF. ‘‘§ 1557. Timeliness standards for disposition RECTION.—Subsection (c) of section 1552 of title (a) IN GENERAL.—(1) Chapter 79 of title 10, of applications before Corrections Boards 10, United States Code, is amended in the first United States Code, is amended by adding at the ‘‘(a) TEN-MONTH CLEARANCE PERCENTAGE.— sentence by inserting before the period the fol- end the following new section: Of the applications received by a Corrections lowing: ‘‘, or on account of his or another’s service as a civilian employee’’. ‘‘§ 1555. Professional staff Board during a period specified in the following table, the percentage on which final action by (b) DEFINITION OF MILITARY RECORD.—Such ‘‘(a) The Secretary of each military depart- the Corrections Board must be completed within section is further amended by adding at the end ment shall assign to the staff of the service re- 10 months of receipt (other than for those appli- the following new subsection: view agency of that military department at least cations considered suitable for administrative ‘‘(g) In this section, the term ‘military record’ one attorney and at least one physician. Such correction) is as follows: means a document or other record that pertains assignments shall be made on a permanent, full- to (1) an individual member or former member of time basis and may be made from members of the ‘‘For applications received The percentage on which during— final Correction Board the armed forces, or (2) at the discretion of the armed forces or civilian employees. action must be com- Secretary of the military department concerned, ‘‘(b) Personnel assigned pursuant to sub- pleted within 10 any other military matter affecting a member or section (a)— months of receipt is— former member of the armed forces, an employee ‘‘(1) shall work under the supervision of the the period of fiscal years 2001 and 50 or former employee of that military department, director or executive director (as the case may 2002. or a dependent or current or former spouse of be) of the service review agency; and the period of fiscal years 2003 and 60 any such person. Such term does not include ‘‘(2) shall be assigned duties as advisers to the 2004. records pertaining to civilian employment mat- director or executive director or other staff mem- the period of fiscal years 2005, 2006, 70 ters (such as matters covered by title 5 and bers on legal and medical matters, respectively, and 2007. chapters 81, 83, 87, 108, 373, 605, 607, 643, and that are being considered by the agency. the period of fiscal years 2008, 2009, 80 873 of this title).’’. ‘‘(c) In this section, the term ‘service review and 2010. (c) REPORT.—The Secretary of Defense shall agency’ means— the period of any fiscal year after fis- 90. submit to Congress, not later than March 31, ‘‘(1) with respect to the Department of the cal year 2010. 1999, a report on the effect of the six-year bar to Army, the Army Review Boards Agency; ‘‘(b) CLEARANCE DEADLINE FOR ALL APPLICA- retroactive benefits contained in section 3702 of ‘‘(2) with respect to the Department of the TIONS.—Effective October 1, 2002, final action by title 31, United States Code, and the Secretary’s Navy, the Board for Correction of Naval a Corrections Board on all applications received recommendation as to whether it is appropriate Records; and by the Corrections Board (other than those ap- for the Secretaries of the military departments to ‘‘(3) with respect to the Department of the Air plications considered suitable for administrative have authority to waive that limitation in se- Force, the Air Force Review Boards Agency.’’. correction) shall be completed within 18 months lected cases involving implementation of deci- (2) The table of sections at the beginning of of receipt. sions of the Secretary of a military department such chapter is amended by adding at the end ‘‘(c) WAIVER AUTHORITY.—The Secretary of under chapter 79 of title 10, United States Code. the following new item: the military department concerned may exclude The report shall be prepared in consultation ‘‘1555. Professional staff.’’. an individual application from the timeliness with the Secretaries of the military departments. standards prescribed in subsections (a) and (b) (b) EFFECTIVE DATE.—Section 1555 of title 10, Subtitle F—Reports United States Code, as added by subsection (a), if the Secretary determines that the application shall take effect 180 days after the date of the warrants a longer period of consideration. The SEC. 551. REPORT ON PERSONNEL RETENTION. enactment of this Act. authority of the Secretary of a military depart- (a) REPORT REQUIRED.—Not later than 90 ment under this subsection may not be dele- days after the date of the enactment of this Act, SEC. 543. EX PARTE COMMUNICATIONS. gated. the Secretary of Defense shall submit to Con- (a) IN GENERAL.—(1) Chapter 79 of title 10, ‘‘(d) FAILURE TO MEET TIMELINESS STAND- gress a report containing information on the re- United States Code, is amended by adding after ARDS NOT TO AFFECT ANY INDIVIDUAL APPLICA- tention of members of the Armed Forces on ac- section 1555, as added by section 542(a)(1), the TION.—Failure of a Corrections Board to meet tive duty in the combat, combat support, and following new section: the applicable timeliness standard for any pe- combat service support forces of the Army, ‘‘§ 1556. Ex parte communications prohibited riod of time under subsection (a) or (b) does not Navy, Air Force, and Marine Corps. ‘‘(a) IN GENERAL.—The Secretary of each mili- confer any presumption or advantage with re- (b) REQUIRED INFORMATION.—The Secretary tary department shall ensure that an applicant spect to consideration by the board of any appli- shall include in the report information on reten- seeking corrective action by the Army Review cation. tion of members with military occupational spe- Boards Agency, the Air Force Review Boards ‘‘(e) REPORTS ON FAILURE TO MEET TIMELI- cialties (or the equivalent) in combat, combat Agency, or the Board for Correction of Naval NESS STANDARDS.—The Secretary of the military support, or combat service support positions in Records, as the case may be, is provided a copy department concerned shall submit to the Com- each of the Army, Navy, Air Force, and Marine of all correspondence and communications (in- mittee on Armed Services of the Senate and the Corps. Such information shall be shown by pay cluding summaries of verbal communications) to Committee on National Security of the House of grade and shall be aggregated by enlisted grades or from the agency or board, or a member of the Representatives a report not later than June 1 and officers grades and shall be shown by mili- staff of the agency or board, with an entity or following any fiscal year during which the Cor- tary occupational specialty (or the equivalent). person outside the agency or board that pertain rections Board of that Secretary’s military de- The report shall set forth separately (in numbers H8128 CONGRESSIONAL RECORD — HOUSE September 22, 1998 and as a percentage) the number of members track the parole and recidivism rates of pris- 406(a)(2)(B)(v), and 406(g)(1)(C) of title 37, separated during each such fiscal year who ter- oners transferred from the United States Dis- United States Code, and section 503(c) of the minate service in the Armed Forces completely ciplinary Barracks, Fort Leavenworth, Kansas, National Defense Authorization Act for Fiscal and the number who separate from active duty to the Federal Bureau of Prisons. Year 1991 (37 U.S.C. 406 note) are amended by by transferring into a reserve component. SEC. 554. REVIEW AND REPORT REGARDING THE striking out ‘‘during the nine-year period begin- (c) YEARS COVERED BY REPORT.—The report DISTRIBUTION OF NATIONAL GUARD ning on October 1, 1990’’ and inserting in lieu shall provide the information required in the re- FULL-TIME SUPPORT AMONG THE thereof ‘‘during the period beginning on October port, shown on a fiscal year basis, for each of STATES. 1, 1990, and ending on September 30, 2001’’. fiscal years 1989 through 1998. (a) REQUIREMENT FOR REVIEW.—The Chief of (g) EDUCATIONAL LEAVE FOR PUBLIC AND SEC. 552. REPORT ON PROCESS FOR SELECTION the National Guard Bureau shall review the COMMUNITY SERVICE.—Section 4463(f) of the Na- OF MEMBERS FOR SERVICE ON process used for allocating and distributing all tional Defense Authorization Act for Fiscal COURTS-MARTIAL. categories of full-time support personnel among Year 1993 (10 U.S.C. 1143a note) is amended by (a) REPORT REQUIRED.—Not later than April the States for the National Guard of the States. striking out ‘‘September 30, 1999’’ and inserting (b) PURPOSE OF REVIEW.—The purpose of the 15, 1999, the Secretary of Defense shall submit to in lieu thereof ‘‘September 30, 2001’’. review is to determine whether that allocation Congress a report on the method of selection of (h) TRANSITIONAL HEALTH BENEFITS.—Section and distribution process provides for adequately members of the Armed Forces to serve on courts- 1145 of title 10, United States Code, is amend- meeting the full-time support personnel require- martial. ed— ments of the National Guard in the case of those (b) CONSIDERATION OF ALTERNATIVES.—In pre- (1) in subsections (a)(1) and (c)(1), by striking States that have fewer than 16 National Guard paring the report, the Secretary shall examine out ‘‘during the nine-year period beginning on alternatives, including random selection, to the units categorized in readiness tiers I, II, and III. October 1, 1990’’ and inserting in lieu thereof current system of selection of members of courts- (c) MATTERS TO BE REVIEWED.—The matters ‘‘during the period beginning on October 1, 1990, martial by the convening authority. Any alter- reviewed shall include the following: (1) The factors considered for the process of and ending on September 30, 2001’’; and native examined by the Secretary shall be con- (2) in subsection (e), by striking out ‘‘during sistent with the provisions relating to service on determining the distribution among the States of full-time support personnel, including the the five-year period beginning on October 1, courts-martial specified in section 825(d) of title 1994’’ and inserting in lieu thereof ‘‘during the 10, United States Code (article 25(d) of the Uni- weights assigned to those factors. (2) The extent to which that process results in period beginning on October 1, 1994, and ending form Code of Military Justice). The Secretary on September 30, 2001’’. shall include in the report the Secretary’s eval- full-time support personnel levels for the units of the States described in subsection (b) that are (i) TRANSITIONAL COMMISSARY AND EXCHANGE uation of each alternative examined. BENEFITS.—Section 1146 of such title is amend- (c) VIEWS OF CODE COMMITTEE.—In preparing at the levels necessary to optimize the prepared- ness of those units to meet the mission require- ed— the report under subsection (a), the Secretary (1) by striking out ‘‘during the nine-year pe- shall obtain the views of the members of the ments applicable to those units. (3) The effects that full-time support person- riod beginning on October 1, 1990’’ and inserting committee referred to in section 946 of such title in lieu thereof ‘‘during the period beginning on (known as the ‘‘Code Committee’’). nel at levels determined under that process will have on the National Guard of those States in October 1, 1990, and ending on September 30, SEC. 553. REPORT ON PRISONERS TRANSFERRED the future, including the effects on all cat- 2001’’; and FROM UNITED STATES DISCIPLI- (2) by striking out ‘‘during the five-year pe- NARY BARRACKS, FORT LEAVEN- egories of full-time support personnel, and unit WORTH, KANSAS, TO FEDERAL BU- readiness, recruitment, and continued use of ex- riod beginning on October 1, 1994’’ and inserting REAU OF PRISONS. isting National Guard armories and other facili- in lieu thereof ‘‘during the period beginning on (a) REPORT.—Not later than 90 days after the ties. October 1, 1994, and ending on September 30, date of the enactment of this Act, the Secretary (d) REPORT.—Not later than March 15, 1999, 2001’’. of Defense shall submit to Congress a report, to the Chief of the National Guard Bureau shall (j) TRANSITIONAL USE OF MILITARY HOUS- be prepared by the General Counsel of the De- submit to the Secretary of Defense a report on ING.—Section 1147(a) of such title is amended— partment of Defense, concerning the decision of the results of the review. Not later than April (1) in paragraph (1), by striking out ‘‘during the Secretary of the Army in 1994 to transfer ap- 30, 1999, the Secretary shall transmit the report, the nine-year period beginning on October 1, proximately 500 prisoners from the United States and the Secretary’s evaluation of and comments 1990’’ and inserting in lieu thereof ‘‘during the Disciplinary Barracks, Fort Leavenworth, Kan- on the report, to the Committee on Armed Serv- period beginning on October 1, 1990, and ending sas, to the Federal Bureau of Prisons. ices of the Senate and the Committee on Na- on September 30, 2001’’; and (b) MATTERS TO BE INCLUDED.—The Secretary tional Security of the House of Representatives. (2) in paragraph (2), by striking out ‘‘during the five-year period beginning on October 1, shall include in the report the following: Subtitle G—Other Matters (1) A description of the basis for the selection 1994’’ and inserting in lieu thereof ‘‘during the SEC. 561. TWO-YEAR EXTENSION OF CERTAIN period beginning on October 1, 1994, and ending of prisoners to be transferred, particularly in FORCE DRAWDOWN TRANSITION AU- light of the fact that many of the prisoners THORITIES RELATING TO PERSON- on September 30, 2001’’. transferred are minimum or medium security NEL MANAGEMENT AND BENEFITS. (k) CONTINUED ENROLLMENT OF DEPENDENTS prisoners, who are considered to have the best (a) EARLY RETIREMENT AUTHORITY FOR AC- IN DEFENSE DEPENDENTS’ EDUCATION SYSTEM.— chance for rehabilitation, and whether the TIVE FORCE MEMBERS.—Section 4403(i) of the Section 1407(c)(1) of the Defense Dependents’ transfer of those prisoners indicates a change in National Defense Authorization Act for Fiscal Education Act of 1978 (20 U.S.C. 926(c)(1)) is Department of Defense policy regarding the re- Year 1993 (10 U.S.C. 1293 note) is amended by amended by striking out ‘‘during the nine-year habilitation of military prisoners. striking out ‘‘October 1, 1999’’ and inserting in period beginning on October 1, 1990’’ and insert- (2) A comparison of the historical recidivism lieu thereof ‘‘October 1, 2001’’. ing in lieu thereof ‘‘during the period beginning rates of prisoners released from the United (b) SSB AND VSI.—Sections 1174a(h) and on October 1, 1990, and ending on September 30, States Disciplinary Barracks and the Federal 1175(d)(3) of title 10, United States Code, are 2001’’. Bureau of Prisons, together with a description amended by striking out ‘‘September 30, 1999’’ (l) FORCE REDUCTION TRANSITION PERIOD of any plans of the Army to track the parole and inserting in lieu thereof ‘‘September 30, DEFINITION.—Section 4411 of the National De- and recidivism rates of prisoners transferred to 2001’’. fense Authorization Act for Fiscal Year 1993 (10 the Federal Bureau of Prisons and whether it (c) SELECTIVE EARLY RETIREMENT BOARDS.— U.S.C. 12681 note) is amended by striking out has tracked those factors for previous transfer- Section 638a(a) of such title is amended by strik- ‘‘September 30, 1999’’ and inserting in lieu there- ees. ing out ‘‘during the nine-year period beginning of ‘‘September 30, 2001’’. (3) A description of the projected future flow on October 1, 1990’’ and inserting in lieu thereof (m) TEMPORARY SPECIAL AUTHORITY FOR of prisoners into the new United States Discipli- ‘‘during the period beginning on October 1, 1990, FORCE REDUCTION PERIOD RETIREMENTS.—Sec- nary Barracks being constructed at Fort Leav- and ending on September 30, 2001’’. tion 4416(b)(1) of the National Defense Author- enworth, Kansas, and whether the Secretary of (d) TIME-IN-GRADE REQUIREMENT FOR RETEN- ization Act for Fiscal Year 1993 (10 U.S.C. 12681 the Army plans to automatically send new pris- TION OF GRADE UPON VOLUNTARY RETIRE- note) is amended by striking out ‘‘October 1, oners to the Federal Bureau of Prisons without MENT.—Section 1370(a)(2)(A) of such title is 1999’’ and inserting in lieu thereof ‘‘October 1, serving at the United States Disciplinary Bar- amended by striking out ‘‘during the nine-year 2001’’. racks if that Barracks is at capacity and wheth- period beginning on October 1, 1990’’ and insert- (n) RETIRED PAY FOR NON-REGULAR SERV- er the Memorandum of Understanding between ing in lieu thereof ‘‘during the period beginning ICE.—(1) Section 12731(f) of title 10, United the Federal Bureau of Prisons and the Army on October 1, 1990, and ending on September 30, States Code, is amended by striking out ‘‘Sep- covers that possibility. 2001’’. tember 30, 1999’’ and inserting in lieu thereof (4) A description of the cost of incarcerating a (e) MINIMUM COMMISSIONED SERVICE FOR ‘‘September 30, 2001’’. prisoner in the Federal Bureau of Prisons com- VOLUNTARY RETIREMENT AS AN OFFICER.—Sec- (2) Section 12731a of such title is amended in pared to the United States Disciplinary Bar- tions 3911(b), 6323(a)(2), and 8911(b) of such title subsections (a)(1)(B) and (b) by striking out racks and the assessment of the Secretary as to are amended by striking out ‘‘during the nine- ‘‘October 1, 1999’’ and inserting in lieu thereof the extent to which the transfer of prisoners to year period beginning on October 1, 1990’’ and ‘‘October 1, 2001’’. the Federal Bureau of Prisons by the Secretary inserting in lieu thereof ‘‘during the period be- (o) REDUCTION OF TIME-IN-GRADE REQUIRE- of the Army is made in order to shift a budg- ginning on October 1, 1990, and ending on Sep- MENT FOR RETENTION OF GRADE UPON VOL- etary burden. tember 30, 2001’’. UNTARY RETIREMENT.—Section 1370(d) of such (c) MONITORING.—During fiscal years 1999 (f) TRAVEL, TRANSPORTATION, AND STORAGE title is amended by adding at the end the follow- through 2003, the Secretary of the Army shall BENEFITS.—Sections 404(c)(1)(C), 404(f)(2)(B)(v), ing new paragraph: September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8129

‘‘(5) The Secretary of Defense may authorize (3) in subsection (d) (as designated by sub- (b) EFFECTIVE DATE.—The amendments made the Secretary of a military department to reduce section (a)(1)), by inserting ‘‘REGULATIONS.—’’ by subsection (a) shall take effect on October 1, the three-year period required by paragraph after ‘‘(d)’’. 1998, and shall apply with respect to individuals (3)(A) to a period not less than two years in the SEC. 563. CONTINUED ELIGIBILITY UNDER VOL- who first become members of the Armed Forces case of retirements effective during the period UNTARY SEPARATION INCENTIVE on or after that date. beginning on the date of the enactment of this PROGRAM FOR MEMBERS WHO IN- SEC. 566. CENTRAL IDENTIFICATION LABORA- paragraph and ending on September 30, 2001. VOLUNTARILY LOSE MEMBERSHIP IN TORY, HAWAII. A RESERVE COMPONENT. The number of reserve commissioned officers of (a) SENSE OF CONGRESS.—It is the sense of (a) PERIOD OF ELIGIBILITY.—Subsection (a) of an armed force in the same grade for whom a re- Congress that the Central Identification Lab- section 1175 of title 10, United States Code, is duction is made during any fiscal year in the oratory, Hawaii, of the Department of the Army period of service-in-grade otherwise required amended— (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; is an important element of the Department of under this paragraph may not exceed the num- (2) by striking out ‘‘, for the period of time the Defense and is critical to the full accounting of ber equal to two percent of the strength author- member serves in a reserve component’’; and members of the Armed Forces who have been ized for that fiscal year for reserve commissioned (3) by adding at the end the following: classified as POW/MIAs or are otherwise unac- officers of that armed force in an active status ‘‘(2)(A) Except as provided in subparagraph counted for. in that grade.’’. (B), a financial incentive provided a member (b) REQUIRED STAFFING LEVEL.—The Sec- (p) AFFILIATION WITH GUARD AND RESERVE under this section shall be paid for the period retary of Defense shall provide sufficient per- UNITS; WAIVER OF CERTAIN LIMITATIONS.—Sec- equal to twice the number of years of service of sonnel to fill all authorized personnel positions tion 1150(a) of such title is amended by striking the member, computed as provided in subsection of the Central Identification Laboratory, Ha- out ‘‘during the nine-year period beginning on (e)(5). waii, Department of the Army. Those personnel October 1, 1990’’ and inserting in lieu thereof ‘‘(B) If, before the expiration of the period shall be drawn from members of the Army, ‘‘during the period beginning on October 1, 1990, otherwise applicable under subparagraph (A) to Navy, Air Force, and Marine Corps and from ci- and ending on September 30, 2001’’. a member receiving a financial incentive under vilian personnel, as appropriate, considering the (q) RESERVE MONTGOMERY GI BILL.—Section this section, the member is separated from a re- proportion of POW/MIAs from each service. 16133(b)(1)(B) of such title is amended by strik- serve component or is transferred to the Retired (c) JOINT MANNING PLAN.—The Secretary of ing out ‘‘September 30, 1999’’ and inserting in Reserve, the period for payment of a financial Defense shall develop and implement, not later lieu thereof ‘‘September 30, 2001’’. incentive to the member under this section shall than March 31, 2000, a joint manning plan to SEC. 562. LEAVE WITHOUT PAY FOR SUSPENDED terminate on the date of the separation or trans- ensure the appropriate participation of the four ACADEMY CADETS AND MID- fer unless— services in the staffing of the Central Identifica- SHIPMEN. ‘‘(i) the separation or transfer is required by tion Laboratory, Hawaii, as required by sub- (a) AUTHORITY.—Section 702 of title 10, United reason of the age or number of years of service section (b). States Code, is amended— of the member; (d) LIMITATION ON REDUCTIONS.—The Sec- (1) by designating the second sentence of sub- ‘‘(ii) the separation or transfer is required by retary of the Army may not carry out any per- section (b) as subsection (d); reason of the failure of selection for promotion sonnel reductions (in authorized or assigned (2) by redesignating subsection (b) as sub- or the medical disqualification of the member, personnel) at the Central Identification Labora- section (c); and except in a case in which the Secretary of De- tory, Hawaii, until the joint manning plan re- (3) by inserting after subsection (a) the follow- fense or the Secretary of Transportation deter- quired by subsection (c) is implemented. ing new subsection (b): mines that the basis for the separation or trans- SEC. 567. MILITARY FUNERAL HONORS FOR VET- ‘‘(b) INVOLUNTARY LEAVE WITHOUT PAY FOR fer is a result of a deliberate action taken by the ERANS. SUSPENDED ACADEMY CADETS AND MID- member with the intent to avoid retention in the (a) CONFERENCE ON PRACTICES CONCERNING SHIPMEN.—(1) Under regulations prescribed Ready Reserve or Standby Reserve; or MILITARY HONORS AT FUNERALS FOR VETER- under subsection (d), the Secretary concerned ‘‘(iii) in the case of a separation, the member ANS.—(1) The Secretary of Defense, in consulta- may place an academy cadet or midshipman on is separated from the reserve component for ap- tion with the Secretary of Veterans Affairs, involuntary leave for any period during which pointment or enlistment in or transfer to an- shall convene and preside over a conference, to the Superintendent of the Academy at which the other reserve component of an armed force for be completed not later than December 31, 1998, cadet or midshipman is admitted has suspended service in the Ready Reserve or Standby Reserve for the purpose of determining means of improv- the cadet or midshipman from duty at the Acad- of that armed force.’’. ing and increasing the availability of military emy— (b) REPEAL OF SUPERSEDED PROVISION.—Sub- ‘‘(A) pending separation from the Academy; funeral honors for veterans. The Secretary of section (e)(1) of such section is amended by Veterans Affairs shall also participate in the ‘‘(B) pending return to the Academy to repeat striking out the second sentence. an academic semester or year; or conference. (c) EFFECTIVE DATE.—The amendments made (2) The Secretaries shall invite and encourage ‘‘(C) for other good cause. by this section apply with respect to any person ‘‘(2) A cadet or midshipman placed on invol- the participation at the conference of appro- provided a voluntary separation incentive under untary leave under paragraph (1) is not entitled priate representatives of veterans service organi- section 1175 of title 10, United States Code to any pay under section 230(c) of title 37 for the zations. (whether before, on, or after the date of the en- period of the leave. (3) The conference shall perform the follow- actment of this Act). ‘‘(3) Return of an academy cadet or mid- ing: shipman to a pay status at the Academy con- SEC. 564. REINSTATEMENT OF DEFINITION OF FI- (A) Review current policies and practices of NANCIAL INSTITUTION IN AUTHORI- cerned from involuntary leave status under the military departments and the Department of TIES FOR REIMBURSEMENT OF DE- Veterans Affairs relating to the provision of paragraph (1) does not restore any entitlement FENSE PERSONNEL FOR GOVERN- of the cadet or midshipman to pay for the period MENT ERRORS IN DIRECT DEPOSIT military funeral honors for veterans. of the involuntary leave.’’. OF PAY. (B) Consider alternative methods for provid- (b) DEFINITION.—Such section is further (a) MEMBERS OF THE ARMED FORCES.—Para- ing military funeral honors for veterans and de- amended— graph (1) of section 1053(d) of title 10, United velop new strategies for providing those honors. (1) in subsection (c) (as redesignated by sub- States Code, is amended to read as follows: (C) Determine what resources may be avail- section (a)(2)), by striking out ‘‘cadets at’’ and ‘‘(1) The term ‘financial institution’ means a able outside the Department of Defense that all that follows through ‘‘Naval Academy,’’ and bank, savings and loan association, or similar could be used to provide military funeral honors inserting in lieu thereof ‘‘academy cadets or institution or a credit union chartered by the for veterans. midshipmen’’; and United States or a State.’’. (D) Analyze the costs associated with provid- (2) by adding at the end the following new (b) CIVILIAN PERSONNEL.—Paragraph (1) of ing military funeral honors for veterans, includ- subsection: section 1594(d) of such title is amended to read ing the costs associated with using personnel ‘‘(e) DEFINITION.—In this section, the term as follows: and other resources for that purpose. ‘academy cadet or midshipman’ means— ‘‘(1) The term ‘financial institution’ means a (E) Assess trends in the rate of death of veter- ‘‘(1) a cadet of the United States Military bank, savings and loan association, or similar ans. Academy; institution or a credit union chartered by the (F) Propose, consider, and determine means of ‘‘(2) a midshipman of the United States Naval United States or a State.’’. improving and increasing the availability of Academy; SEC. 565. INCREASE IN MAXIMUM AMOUNT FOR military funeral honors for veterans. ‘‘(3) a cadet of the United States Air Force COLLEGE FUND PROGRAM. (4) Not later than March 31, 1999, the Sec- Academy; or (a) INCREASE IN MAXIMUM RATE FOR ACTIVE retary of Defense shall submit to Congress a re- ‘‘(4) a cadet of the United States Coast Guard COMPONENT MONTGOMERY GI BILL SUPPLE- port on the conference. The report shall set Academy.’’. MENT.—Section 3015(d) of title 38, United States forth any modifications to Department of De- (c) SUBSECTION HEADINGS.—Such section is Code, is amended— fense directives on military funeral honors further amended— (1) by inserting ‘‘, at the time the individual adopted as a result of the conference and in- (1) in subsection (a), by inserting ‘‘GRADUA- first becomes a member of the Armed Forces,’’ clude any recommendations for legislation that TION LEAVE.—’’ after ‘‘(a)’’; after ‘‘Secretary of Defense, may’’; and the Secretary considers appropriate as a result (2) in subsection (c) (as redesignated by sub- (2) by striking out ‘‘$400’’ and all that follows of the conference. section (a)(2)), by inserting ‘‘INAPPLICABLE through ‘‘that date’’ and inserting in lieu there- (b) HONOR GUARD DETAILS AT FUNERALS OF LEAVE PROVISIONS.—’’ after ‘‘(c)’’; and of ‘‘$950 per month’’. VETERANS.—(1) Chapter 75 of title 10, United H8130 CONGRESSIONAL RECORD — HOUSE September 22, 1998 States Code, is amended by adding at the end (1) by striking out ‘‘(a)’’; and cruiting requirements by treating GED recipi- the following new section: (2) by striking out subsection (b). ents and home school diploma recipients as hav- ‘‘§ 1491. Honor guard details at funerals of (e) VETERANS SERVICE ORGANIZATION DE- ing graduated from high school with a high veterans FINED.—In this section, the term ‘‘veterans serv- school diploma for the purpose of determining ‘‘(a) AVAILABILITY.—The Secretary of a mili- ice organization’’ means any organization rec- the eligibility of those persons to enlist in the tary department shall, upon request, provide an ognized by the Secretary of Veterans Affairs Armed Forces. The Secretary of each military honor guard detail (or ensure that an honor under section 5902 of title 38, United States department shall administer the pilot program guard detail is provided) for the funeral of any Code. for the armed force or armed forces under the veteran that occurs after December 31, 1999. SEC. 568. STATUS IN THE NAVAL RESERVE OF CA- jurisdiction of that Secretary. ‘‘(b) COMPOSITION OF HONOR GUARD DE- DETS AT THE MERCHANT MARINE (b) PERSONS ELIGIBLE UNDER THE PILOT PRO- TAILS.—The Secretary of each military depart- ACADEMY. GRAM AS HIGH SCHOOL GRADUATES.—Under the ment shall ensure that an honor guard detail Section 1303(c) of the Merchant Marine Act, pilot program, a person shall be treated as hav- for the funeral of a veteran consists of not less 1936 (46 U.S.C. App. 1295(c)), is amended— ing graduated from high school with a high than three persons and (unless a bugler is part (1) by inserting ‘‘(1)’’ after ‘‘(c)’’; school diploma for the purpose described in sub- of the detail) has the capability to play a re- (2) by striking out ‘‘may’’ and inserting in lieu section (a) if— corded version of Taps. thereof ‘‘shall’’; and (1) the person has completed a general edu- ‘‘(c) PERSONS FORMING HONOR GUARDS.—An (3) by adding at the end the following: cation development program while participating honor guard detail may consist of members of ‘‘(2) The Secretary of the Navy shall provide in the National Guard Challenge Program under the armed forces or members of veterans organi- for cadets of the Academy who are midshipmen section 509 of title 32, United States Code, and zations or other organizations approved for pur- in the United States Naval Reserve to be issued is a GED recipient; or poses of this section under regulations pre- an identification card (referred to as a ‘‘military (2) the person is a home school diploma recipi- scribed by the Secretary of Defense. The Sec- ID card’’) and to be entitled to all rights and ent and provides a transcript demonstrating retary of a military department may provide privileges in accordance with the same eligibility completion of high school to the military depart- transportation, or reimbursement for transpor- criteria as apply to other members of the Ready ment involved under the pilot program. tation, and expenses for a person who partici- Reserve of the reserve components of the Armed (c) GED AND HOME SCHOOL DIPLOMA RECIPI- pates in an honor guard detail under this sec- Forces. ENTS.—For the purposes of this section— tion and is not a member of the armed forces or ‘‘(3) The Secretary of the Navy shall carry out (1) a person is a GED recipient if the person, an employee of the United States. paragraphs (1) and (2) in coordination with the after completing a general education develop- ‘‘(d) REGULATIONS.—The Secretary of Defense Secretary.’’. ment program, has obtained certification of high shall by regulation establish a system for selec- SEC. 569. REPEAL OF RESTRICTION ON CIVILIAN school equivalency by meeting State require- tion of units of the armed forces and other orga- EMPLOYMENT OF ENLISTED MEM- ments and passing a State approved exam that nizations to provide honor guard details. The BERS. is administered for the purpose of providing an system shall place an emphasis on balancing the (a) REPEAL.—Section 974 of title 10, United appraisal of the person’s achievement or per- funeral detail workload among the units and or- States Code, is repealed. formance in the broad subject matter areas usu- ganizations providing honor guard details in an (b) CLERICAL AMENDMENT.—The table of sec- ally required for high school graduates; and equitable manner as they are able to respond to tions at the beginning of chapter 49 of such title (2) a person is a home school diploma recipient requests for such details in terms of geographic is amended by striking out the item relating to if the person has received a diploma for complet- proximity and available resources. The Sec- section 974. ing a program of education through the high retary shall provide in such regulations that the SEC. 570. TRANSITIONAL COMPENSATION FOR school level at a home school, without regard to armed force in which a veteran served shall not ABUSED DEPENDENT CHILDREN whether the home school is treated as a private be considered to be a factor when selecting the NOT RESIDING WITH THE SPOUSE school under the law of the State in which lo- military unit or other organization to provide an OR FORMER SPOUSE OF A MEMBER cated. honor guard detail for the funeral of the vet- CONVICTED OF DEPENDENT ABUSE. (d) ANNUAL LIMIT ON NUMBER.—Not more eran. (a) ENTITLEMENT NOT CONDITIONED ON FOR- than 1,250 GED recipients and home school di- ‘‘(e) ANNUAL REPORT.—The Secretary of De- FEITURE OF SPOUSAL COMPENSATION.—Sub- ploma recipients enlisted by an armed force dur- fense shall submit to the Committee on Armed section (d) of section 1059 of title 10, United ing a fiscal year may be treated under the pilot Services of the Senate and the Committee on Na- States Code, is amended— program as having graduated from high school tional Security of the House of Representatives (1) in paragraph (1)— with a high school diploma. a report not later than January 31 of each year (A) by striking out ‘‘(except as otherwise pro- (e) DURATION OF PILOT PROGRAM.—The pilot beginning with 2001 and ending with 2005 on the vided in this subsection)’’; and program shall be in effect during the period be- experience of the Department of Defense under (B) by inserting before the period the follow- ginning on October 1, 1998, and ending on Sep- this section. Each such report shall provide data ing: ‘‘, including an amount (determined under tember 30, 2003. on the number of funerals supported under this subsection (f)(2)) for each, if any, dependent (f) REPORT.—Not later than February 1, 2004, section, the cost for that support, shown by child of the individual described in subsection the Secretary of Defense shall submit to the manpower and other cost factors, and the num- (b) who resides in the same household as that Committee on Armed Services of the Senate and ber and costs of funerals supported by each par- spouse or former spouse’’; the Committee on National Security of the ticipating organization. The data in the report (2) in paragraph (2)— House of Representatives a report on the pilot shall be presented in a standard format, regard- (A) by striking out ‘‘(but for subsection (g)) program. The report shall include the following, less of military department or other organiza- would be eligible’’ and inserting in lieu thereof set forth separately for GED recipients and tion. ‘‘is or, but for subsection (g), would be eligible’’; home school diploma recipients: ‘‘(f) VETERAN DEFINED.—In this section, the and (1) The assessment of the Secretary of De- term ‘veteran’ has the meaning given that term (B) by striking out ‘‘such compensation’’ and fense, and any assessment of any of the Sec- in section 101(2) of title 38.’’. inserting in lieu thereof ‘‘compensation under retaries of the military departments, regarding (2) The table of sections at the beginning of this section’’; and the value of, and any necessity for, authority to such chapter is amended by adding at the end (3) in paragraph (4), by striking out ‘‘For pur- treat GED recipients and home school diploma the following new item: poses of paragraphs (2) and (3)’’ and inserting recipients as having graduated from high school ‘‘1491. Honor guard details at funerals of veter- in lieu thereof ‘‘For purposes of this sub- with a high school diploma for the purpose of ans.’’. section’’. determining the eligibility of those persons to (c) TREATMENT OF PERFORMANCE OF HONOR (b) AMOUNT OF PAYMENT.—Subsection (f)(2) of enlist in the Armed Forces. GUARD FUNCTIONS BY RESERVES.—(1) Chapter such section is amended by striking out ‘‘has (2) A comparison (shown by armed force and 1215 of title 10, United States Code, is amended custody of a dependent child or children of the by each fiscal year of the pilot program) of the by adding at the end the following new section: member’’ and inserting in lieu thereof ‘‘has cus- performance of the persons who enlisted during ‘‘§ 12552. Funeral honor guard functions: pro- tody of a dependent child of the member who re- the fiscal year as GED or home school diploma hibition of treatment as drill or training sides in the same household as that spouse or recipients treated under the pilot program as ‘‘Performance by a Reserve of honor guard former spouse’’. having graduated from high school with a high functions at the funeral of a veteran may not be (c) PROSPECTIVE APPLICABILITY.—No benefits school diploma with the performance of the per- considered to be a period of drill or training oth- shall accrue by reason of the amendments made sons who enlisted in that armed force during the erwise required.’’. by this section for any month that begins before same fiscal year after having graduated from (2) The table of sections at the beginning of the date of the enactment of this Act. high school with a high school diploma, with re- such chapter is amended by adding at the end SEC. 571. PILOT PROGRAM FOR TREATING GED spect to the following: the following new item: AND HOME SCHOOL DIPLOMA RE- (A) Attrition. ‘‘12552. Funeral honor guard functions: prohibi- CIPIENTS AS HIGH SCHOOL GRAD- (B) Discipline. tion of treatment as drill or train- UATES FOR DETERMINATIONS OF (C) Adaptability to military life. ing.’’. ELIGIBILITY FOR ENLISTMENT IN (D) Aptitude for mastering the skills necessary (d) REPEAL OF LIMITATION ON AVAILABILITY THE ARMED FORCES. for technical specialties. OF FUNDS FOR HONOR GUARD FUNCTIONS BY NA- (a) PROGRAM REQUIRED.—The Secretary of (E) Reenlistment rates. TIONAL GUARD.—Section 114 of title 32, United Defense shall establish a pilot program to assess (g) STATE DEFINED.—For purposes of this sec- States Code, is amended— whether the Armed Forces could better meet re- tion, the term ‘‘State’’ includes the District of September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8131 Columbia, the Commonwealth of Puerto Rico, (2) be vigilant in inspecting the conduct of all Sec. 644. Presentation of United States flag to and the territories of the United States. persons who are placed under their command; members of the Armed Forces SEC. 572. SENSE OF CONGRESS CONCERNING (3) guard against and put an end to all disso- upon retirement. NEW PARENT SUPPORT PROGRAM lute and immoral practices and correct, accord- Sec. 645. Recovery, care, and disposition of re- AND MILITARY FAMILIES. ing to the laws and regulations of the Armed mains of medically retired member (a) SENSE OF CONGRESS.—It is the sense of Forces, all persons who are guilty of them; and who dies during hospitalization Congress that— (4) take all necessary and proper measures, that begins while on active duty. (1) the New Parent Support Program that was under the laws, regulations, and customs of the Sec. 646. Revision to computation of retired pay begun as a pilot program of the Marine Corps at Armed Forces, to promote and safeguard the mo- for certain members. Camp Pendleton, California, has been an effec- rale, the physical well-being, and the general Sec. 647. Elimination of backlog of unpaid re- tive tool in curbing family violence within the welfare of the officers and enlisted persons tired pay. military community; under their command or charge. (2) such program is a model for future New Subtitle E—Other Matters TITLE VI—COMPENSATION AND OTHER Parent Support Programs throughout the Ma- Sec. 651. Definition of possessions of the United PERSONNEL BENEFITS rine Corps, Navy, Army, and Air Force; and States for pay and allowances (3) in light of the pressures and strains placed Subtitle A—Pay and Allowances purposes. upon military families and the benefits of the Sec. 601. Increase in basic pay for fiscal year Sec. 652. Accounting of advance payments. New Parent Support Program in helping ‘‘at- 1999. Sec. 653. Reimbursement of rental vehicle costs risk’’ families, the Department of Defense Sec. 602. Rate of pay for cadets and mid- when motor vehicle transported at should seek ways to ensure that in future fiscal shipmen at the service academies. Government expense is late. years funds are made available for New Parent Sec. 603. Basic allowance for housing outside Sec. 654. Education loan repayment program Support Programs for the Army, Navy, Air the United States. for health professions officers Sec. 604. Basic allowance for subsistence for re- Force, and Marine Corps in amounts sufficient serving in Selected Reserve. serves. to meet requirements for those programs. Sec. 655. Federal employees’ compensation cov- (b) REPORT.—Not later than 120 days after the Subtitle B—Bonuses and Special and erage for students participating in date of the enactment of this Act, the Secretary Incentive Pays certain officer candidate pro- of Defense shall submit to Congress a report on Sec. 611. Three-month extension of certain bo- grams. the New Parent Support Program of the Depart- nuses and special pay authorities Sec. 656. Relationship of enlistment bonuses to ment of Defense. The Secretary shall include in for reserve forces. eligibility to receive Army college the report the following: Sec. 612. Three-month extension of certain bo- fund supplement under Montgom- (1) A description of how the Army, Navy, Air nuses and special pay authorities ery GI Bill Educational Assist- Force, and Marine Corps are each implementing for nurse officer candidates, reg- ance Program. a New Parent Support Program and how each istered nurses, and nurse anes- Sec. 657. Authority to provide financial assist- such program is organized. thetists. ance for education of certain de- (2) A description of how the implementation of Sec. 613. Three-month extension of authorities fense dependents overseas. programs for the Army, Navy, and Air Force relating to payment of other bo- Sec. 658. Clarifications concerning payments to compare to the fully implemented Marine Corps nuses and special pays. certain persons captured or in- program. Sec. 614. Increased hazardous duty pay for aer- terned by North Vietnam. (3) The number of installations that the four ial flight crewmembers in certain Subtitle A—Pay and Allowances Armed Forces have each scheduled to receive pay grades. Sec. 615. Aviation career incentive pay and SEC. 601. INCREASE IN BASIC PAY FOR FISCAL support for the New Parent Support Program. YEAR 1999. (4) The number of installations delayed in aviation officer retention bonus. (a) WAIVER OF SECTION 1009 ADJUSTMENT.— providing the program. Sec. 616. Diving duty special pay for divers (5) The number of programs terminated. having diving duty as a nonpri- Except as provided in subsection (b), the adjust- (6) The number of programs with reduced sup- mary duty. ment to become effective during fiscal year 1999 port. Sec. 617. Hardship duty pay. required by section 1009 of title 37, United States (7) The funding provided for those programs Sec. 618. Selective reenlistment bonus eligibility Code, in the rate of monthly basic pay author- for each of the four Armed Forces for each of for Reserve members performing ized members of the uniformed services by sec- fiscal years 1994 through 1999 and the amount active Guard and Reserve duty. tion 203(a) of such title shall not be made. projected to be provided for those programs for Sec. 619. Repeal of ten percent limitation on (b) INCREASE IN BASIC PAY.—Effective on Jan- fiscal year 2000 and, if the amount provided for certain selective reenlistment bo- uary 1, 1999, the rates of basic pay of members any of those programs for any such year is less nuses. of the uniformed services shall be increased by that the amount needed to fully fund that pro- Sec. 620. Increase in maximum amount author- the greater of— gram for that year, an explanation of the rea- ized for Army enlistment bonus. (1) 3.6 percent; or sons for the shortfall. Sec. 621. Equitable treatment of Reserves eligi- (2) the percentage increase determined under ble for special pay for duty sub- SEC. 573. ADVANCEMENT OF BENJAMIN O. DAVIS, subsection (c) of section 1009 of title 37, United JUNIOR, TO GRADE OF GENERAL ON ject to hostile fire or imminent States Code, by which the monthly basic pay of THE RETIRED LIST OF THE AIR danger. members would be adjusted under subsection (a) FORCE. Sec. 622. Retention incentives initiative for of that section on that date in the absence of (a) AUTHORITY.—The President is authorized critically short military occupa- subsection (a) of this section. to advance Lieutenant General Benjamin O. tional specialties. SEC. 602. RATE OF PAY FOR CADETS AND MID- Davis, Junior, United States Air Force, retired, Subtitle C—Travel and Transportation SHIPMEN AT THE SERVICE ACAD- to the grade of general on the retired list of the Allowances EMIES. Air Force. Sec. 631. Payments for movements of household (a) INCREASED RATE.—Section 203(c) of title (b) ADDITIONAL BENEFITS NOT TO ACCRUE.— goods arranged by members. 37, United States Code, is amended by striking An advancement of Benjamin O. Davis, Junior, Sec. 632. Exception to maximum weight allow- out ‘‘$558.04’’ and inserting in lieu thereof to the grade of general on the retired list of the ance for baggage and household ‘‘$600.00’’. Air Force under subsection (a) shall not in- effects. (b) EFFECTIVE DATE.—The amendment made crease or change the compensation or benefits Sec. 633. Travel and transportation allowances by subsection (a) shall take effect on January 1, from the United States to which any person is for travel performed by members 1999. now or may in the future be entitled based upon in connection with rest and recu- SEC. 603. BASIC ALLOWANCE FOR HOUSING OUT- the military service of the said Benjamin O. perative leave from overseas sta- SIDE THE UNITED STATES. Davis, Junior. tions. (a) PAYMENT OF CERTAIN EXPENSES RELATED SEC. 574. SENSE OF THE HOUSE OF REPRESENTA- Sec. 634. Storage of baggage of certain depend- TO OVERSEAS HOUSING.—Section 403(c) of title TIVES CONCERNING ADHERENCE BY ents. 37, United States Code, is amended by adding at CIVILIANS IN MILITARY CHAIN OF Sec. 635. Commercial travel of Reserves at Fed- the end the following new paragraph: COMMAND TO THE STANDARD OF EX- eral supply schedule rates for at- ‘‘(3)(A) In the case of a member of the uni- EMPLARY CONDUCT REQUIRED OF tendance at inactive-duty train- COMMANDING OFFICERS AND OTH- formed services authorized to receive an allow- ERS IN AUTHORITY IN THE ARMED ing assemblies. ance under paragraph (1), the Secretary con- FORCES. Subtitle D—Retired Pay, Survivor Benefits, cerned may make a lump-sum payment to the It is the sense of the House of Representatives and Related Matters member for required deposits and advance rent, that civilians in the military chain of command Sec. 641. Paid-up coverage under Survivor Ben- and for expenses relating thereto, that are— (as provided in section 162(b) of title 10, United efit Plan. ‘‘(i) incurred by the member in occupying pri- States Code) should (in the same manner as is Sec. 642. Survivor Benefit Plan open enrollment vate housing outside of the United States; and required by law of commanding officers and oth- period. ‘‘(ii) authorized or approved under regula- ers in authority in the Armed Forces)— Sec. 643. Effective date of court-required former tions prescribed by the Secretary concerned. (1) show in themselves a good example of vir- spouse Survivor Benefit Plan cov- ‘‘(B) Expenses for which a member may be re- tue, honor, and patriotism and subordinate erage effectuated through elec- imbursed under this paragraph may include themselves to those ideals; tions and deemed elections. losses relating to housing that are sustained by H8132 CONGRESSIONAL RECORD — HOUSE September 22, 1998 the member as a result of fluctuations in the rel- tion 308d(c) of title 37, United States Code, is ‘‘E–9 ...... 240 ative value of the currencies of the United amended by striking out ‘‘September 30, 1999’’ E–8 ...... 240 States and the foreign country in which the and inserting in lieu thereof ‘‘December 31, E–7 ...... 240 housing is located. 1999’’. E–6 ...... 215 ‘‘(C) The Secretary concerned shall recoup the (e) SELECTED RESERVE AFFILIATION BONUS.— E–5 ...... 190 full amount of any deposit or advance rent pay- Section 308e(e) of title 37, United States Code, is E–4 ...... 165’’. ments made by the Secretary under subpara- amended by striking out ‘‘September 30, 1999’’ (b) EFFECTIVE DATE.—The amendment made graph (A), including any gain resulting from and inserting in lieu thereof ‘‘December 31, by subsection (a) shall take effect on October 1, currency fluctuations between the time of pay- 1999’’. 1998, and shall apply with respect to months be- ment and the time of recoupment.’’. (f) READY RESERVE ENLISTMENT AND REEN- (b) CONFORMING AMENDMENT.—Section 405 of LISTMENT BONUS.—Section 308h(g) of title 37, ginning on or after that date. title 37, United States Code, is amended by strik- United States Code, is amended by striking out SEC. 615. AVIATION CAREER INCENTIVE PAY AND ing out subsection (c). ‘‘September 30, 1999’’ and inserting in lieu there- AVIATION OFFICER RETENTION (c) RETROACTIVE APPLICATION.—The reim- of ‘‘December 31, 1999’’. BONUS. bursement authority provided by section (g) PRIOR SERVICE ENLISTMENT BONUS.—Sec- (a) DEFINITION OF AVIATION SERVICE.—(1) 403(c)(3)(B) of title 37, United States Code, as tion 308i(f) of title 37, United States Code, as re- Section 301a(a)(6) of title 37, United States Code, added by subsection (a), applies with respect to designated by section 622, is amended by strik- is amended— losses relating to housing that are sustained, on ing out ‘‘September 30, 1999’’ and inserting in (A) by redesignating subparagraphs (A), (B), or after July 1, 1997, by a member of the uni- lieu thereof ‘‘December 31, 1999’’. and (C) as subparagraphs (B), (C), and (D), re- formed services as a result of fluctuations in the (h) REPAYMENT OF EDUCATION LOANS FOR spectively; and relative value of the currencies of the United CERTAIN HEALTH PROFESSIONALS WHO SERVE IN (B) by inserting before subparagraph (B) (as States and the foreign country in which the THE SELECTED RESERVE.—Section 16302(d) of so redesignated) the following new subpara- housing is located. title 10, United States Code, is amended by strik- graph: SEC. 604. BASIC ALLOWANCE FOR SUBSISTENCE ing out ‘‘October 1, 1999’’ and inserting in lieu ‘‘(A) The term ‘aviation service’ means service FOR RESERVES. thereof ‘‘January 1, 2000’’. performed by an officer (except a flight surgeon (a) IN GENERAL.—Section 402 of title 37, SEC. 612. THREE-MONTH EXTENSION OF CERTAIN or other medical officer) while holding an aero- United States Code, is amended— BONUSES AND SPECIAL PAY AU- nautical rating or designation or while in train- (1) by redesignating subsections (e) and (f) as THORITIES FOR NURSE OFFICER ing to receive an aeronautical rating or designa- subsections (f) and (g), respectively; and CANDIDATES, REGISTERED NURSES, tion.’’. (2) by inserting after subsection (d) the follow- AND NURSE ANESTHETISTS. (2) Section 301b(j) of such title is amended by (a) NURSE OFFICER CANDIDATE ACCESSION ing new subsection: striking out paragraph (1) and inserting in lieu PROGRAM.—Section 2130a(a)(1) of title 10, ‘‘(e) SPECIAL RULE FOR CERTAIN ENLISTED RE- thereof the following new paragraph: United States Code, is amended by striking out SERVE MEMBERS.—Unless entitled to basic pay ‘‘(1) The term ‘aviation service’ means service ‘‘September 30, 1999’’ and inserting in lieu there- under section 204 of this title, an enlisted mem- performed by an officer (except a flight surgeon of ‘‘December 31, 1999’’. ber of a reserve component may receive, at the or other medical officer) while holding an aero- (b) ACCESSION BONUS FOR REGISTERED discretion of the Secretary concerned, rations in nautical rating or designation or while in train- kind, or a part thereof, when the member’s in- NURSES.—Section 302d(a)(1) of title 37, United States Code, is amended by striking out ‘‘Sep- ing to receive an aeronautical rating or designa- struction or duty periods, as described in section tion.’’. 206(a) of this title, total at least eight hours in tember 30, 1999’’ and inserting in lieu thereof ‘‘December 31, 1999’’. (b) AMOUNT OF INCENTIVE PAY.—Subsection a calendar day. The Secretary concerned may (b) of section 301a of such title is amended to provide an enlisted member who could be pro- (c) INCENTIVE SPECIAL PAY FOR NURSE ANES- THETISTS.—Section 302e(a)(1) of title 37, United read as follows: vided rations in kind under the preceding sen- ‘‘(b)(1) A member who satisfies the require- tence with a commutation when rations in kind States Code, is amended by striking out ‘‘Sep- tember 30, 1999’’ and inserting in lieu thereof ments described in subsection (a) is entitled to are not available.’’. monthly incentive pay as follows: (b) APPLICATION DURING TRANSITIONAL PE- ‘‘December 31, 1999’’. SEC. 613. THREE-MONTH EXTENSION OF AU- ‘‘Years of aviation Monthly rate RIOD.—Section 602(d)(1) of the National Defense service (including Authorization Act for Fiscal Year 1998 (Public THORITIES RELATING TO PAYMENT OF OTHER BONUSES AND SPECIAL flight training) as an Law 105–85; 37 U.S.C. 402 note) is amended by PAYS. officer: adding at the end the following new subpara- (a) AVIATION OFFICER RETENTION BONUS.— 2 or less ...... $125 graph: Section 301b(a) of title 37, United States Code, is Over 2 ...... $156 ‘‘(D) SPECIAL RULE FOR CERTAIN ENLISTED RE- amended by striking out ‘‘September 30, 1999,’’ Over 3 ...... $188 SERVE MEMBERS.—Unless entitled to basic pay and inserting in lieu thereof ‘‘December 31, Over 4 ...... $206 under section 204 of title 37, United States Code, 1999,’’. an enlisted member of a reserve component (as Over 6 ...... $650 (b) REENLISTMENT BONUS FOR ACTIVE MEM- defined in section 101(24) of such title) may re- Over 14 ...... $840 BERS.—Section 308(g) of title 37, United States ceive, at the discretion of the Secretary con- Over 22 ...... $585 Code, is amended by striking out ‘‘September 30, Over 23 ...... $495 cerned (as defined in section 101(5) of such 1999’’ and inserting in lieu thereof ‘‘December title), rations in kind, or a part thereof, when Over 24 ...... $385 31, 1999’’. Over 25 ...... $250 the member’s instruction or duty periods (as de- (c) ENLISTMENT BONUSES FOR MEMBERS WITH scribed in section 206(a) of such title) total at ‘‘(2) An officer in a pay grade above O–6 is en- CRITICAL SKILLS.—Sections 308a(c) and 308f(c) titled, until the officer completes 25 years of least eight hours in a calendar day. The Sec- of title 37, United States Code, are each amend- retary concerned may provide an enlisted mem- aviation service, to be paid at the rates set forth ed by striking out ‘‘September 30, 1999’’ and in- in the table in paragraph (1), except that— ber who could be provided rations in kind under serting in lieu thereof ‘‘December 31, 1999’’. ‘‘(A) an officer in pay grade O–7 may not be the preceding sentence with a commutation (d) SPECIAL PAY FOR NUCLEAR-QUALIFIED OF- paid at a rate greater than $200 a month; and when rations in kind are not available.’’. FICERS EXTENDING PERIOD OF ACTIVE SERV- ‘‘(B) an officer in pay grade O–8 or above may Subtitle B—Bonuses and Special and ICE.—Section 312(e) of title 37, United States not be paid at a rate greater than $206 a month. Incentive Pays Code, is amended by striking out ‘‘September 30, 1999’’ and inserting in lieu thereof ‘‘December ‘‘(3) For a warrant officer with over 22, 23, 24, SEC. 611. THREE-MONTH EXTENSION OF CERTAIN or 25 years of aviation service who is qualified BONUSES AND SPECIAL PAY AU- 31, 1999’’. THORITIES FOR RESERVE FORCES. (e) NUCLEAR CAREER ACCESSION BONUS.—Sec- under subsection (a), the rate prescribed in the (a) SPECIAL PAY FOR HEALTH PROFESSIONALS tion 312b(c) of title 37, United States Code, is table in paragraph (1) for officers with over 14 IN CRITICALLY SHORT WARTIME SPECIALTIES.— amended by striking out ‘‘September 30, 1999’’ years of aviation service shall continue to apply Section 302g(f) of title 37, United States Code, is and inserting in lieu thereof ‘‘December 31, to the warrant officer.’’. amended by striking out ‘‘September 30, 1999’’ 1999’’. (c) REFERENCES TO AVIATION SERVICE.—(1) and inserting in lieu thereof ‘‘December 31, (f) NUCLEAR CAREER ANNUAL INCENTIVE Section 301a of such title is further amended— 1999’’. BONUS.—Section 312c(d) of title 37, United (A) in subsection (a)(4)— (b) SELECTED RESERVE REENLISTMENT States Code, is amended by striking out ‘‘Octo- (i) by striking out ‘‘22 years of the officer’s BONUS.—Section 308b(f) of title 37, United States ber 1, 1999’’ and inserting in lieu thereof ‘‘Octo- service as an officer’’ and inserting in lieu Code, is amended by striking out ‘‘September 30, ber 1, 1998, and the 15-month period beginning thereof ‘‘22 years of aviation service of the offi- 1999’’ and inserting in lieu thereof ‘‘December on that date and ending on December 31, 1999’’. cer’’; and 31, 1999’’. SEC. 614. INCREASED HAZARDOUS DUTY PAY FOR (ii) by striking out ‘‘25 years of service as an (c) SELECTED RESERVE ENLISTMENT BONUS.— AERIAL FLIGHT CREWMEMBERS IN officer (as computed under section 205 of this Section 308c(e) of title 37, United States Code, is CERTAIN PAY GRADES. title)’’ and inserting in lieu thereof ‘‘25 years of amended by striking out ‘‘September 30, 1999’’ (a) RATES.—The table in section 301(b) of title aviation service’’; and and inserting in lieu thereof ‘‘December 31, 37, United States Code, is amended by striking (B) in subsection (d), by striking out ‘‘sub- 1999’’. out the items relating to pay grades E–4, E–5, E– section (b)(1) or (2), as the case may be, for the (d) SPECIAL PAY FOR ENLISTED MEMBERS AS- 6, E–7, E–8, and E–9, and inserting in lieu there- performance of that duty by a member of cor- SIGNED TO CERTAIN HIGH PRIORITY UNITS.—Sec- of the following: responding years of aviation or officer service, September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8133 as appropriate,’’ and inserting in lieu thereof SEC. 621. EQUITABLE TREATMENT OF RESERVES graph (A) may, as an alternative to the provi- ‘‘subsection (b) for the performance of that duty ELIGIBLE FOR SPECIAL PAY FOR sion of transportation, be paid reimbursement by a member with corresponding years of avia- DUTY SUBJECT TO HOSTILE FIRE OR or, at the member’s request, a monetary allow- tion service’’. IMMINENT DANGER. ance in advance for the cost of transportation of Section 310(b) of title 37, United States Code, (2) Section 301b(b)(5) of such title is amended the baggage and household effects. The mone- is amended— by striking out ‘‘active duty’’ and inserting in tary allowance may be paid only if the amount (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and lieu thereof ‘‘aviation service’’. of the allowance does not exceed the cost that (2) by adding at the end the following new (d) CONFORMING AMENDMENT.—Section 615 of would be incurred by the Government under paragraph: subparagraph (A) for the transportation of the the National Defense Authorization Act for Fis- ‘‘(2) A member of a reserve component who is baggage and household effects. Appropriations cal Year 1998 (Public Law 105–85; 111 Stat. 1787) eligible for special pay under this section for a available to the Department of Defense, the De- is repealed. month shall receive the full amount authorized partment of Transportation, and the Depart- SEC. 616. DIVING DUTY SPECIAL PAY FOR DIVERS in subsection (a) for that month regardless of ment of Health and Human Services for provid- HAVING DIVING DUTY AS A NONPRI- the number of days during that month on which MARY DUTY. ing transportation of baggage or household ef- the member satisfies the eligibility criteria speci- fects of members of the uniformed services shall (a) ELIGIBILITY FOR MAINTAINING PRO- fied in such subsection.’’. FICIENCY.—Section 304(a)(3) of title 37, United be available to pay a reimbursement or mone- SEC. 622. RETENTION INCENTIVES INITIATIVE tary allowance under this subparagraph. The States Code, is amended to read as follows: FOR CRITICALLY SHORT MILITARY ‘‘(3) either— OCCUPATIONAL SPECIALTIES. Secretary concerned may prescribe the manner in which the risk of liability for damage, de- ‘‘(A) actually performs diving duty while serv- (a) REQUIREMENT FOR NEW INCENTIVES.—The ing in an assignment for which diving is a pri- Secretary of Defense shall establish and provide struction, or loss of baggage or household effects mary duty; or for members of the Armed Forces qualified in arranged, packed, crated, or loaded by a mem- ‘‘(B) meets the requirements to maintain pro- critically short military occupational specialties ber is allocated among the member, the United ficiency as described in paragraph (2) while a series of new incentives that the Secretary States, and any contractor when a reimburse- serving in an assignment that includes diving considers potentially effective for increasing the ment or monetary allowance is elected under duty other than as a primary duty.’’. rates at which those members are retained in the this subparagraph.’’. (b) REPEAL OF SUPERSEDED PROVISION.—(1) (b) EFFECTIVE DATE.—The amendment made Armed Forces for service in such specialties. Such section is further amended— by subsection (a) shall take effect on October 1, (b) CRITICALLY SHORT MILITARY OCCUPA- (A) by striking out subsection (j); and 1998, and shall apply with respect to months be- TIONAL SPECIALTIES.—For the purposes of this (B) by redesignating subsections (k), (l), and ginning on or after that date. section, a military occupational specialty is a (m) as subsections (j), (k), and (l), respectively. SEC. 617. HARDSHIP DUTY PAY. critically short military occupational specialty (2) Section 2634(d) of title 10, United States (a) DUTY FOR WHICH PAY AUTHORIZED.—Sec- for an Armed Force if the number of members re- Code, is amended by striking out ‘‘section tion 305 of title 37, United States Code, is tained in that Armed Force in fiscal year 1998 406(k)’’ and inserting in lieu thereof ‘‘section amended— for service in that specialty is less than 50 per- 406(j)’’. cent of the number of members of that Armed (1) in subsection (a), by striking out ‘‘on duty SEC. 632. EXCEPTION TO MAXIMUM WEIGHT AL- at a location’’ and all that follows through the Force that were projected to be retained in that LOWANCE FOR BAGGAGE AND period at the end of the subsection and inserting Armed Force for service in the specialty by the HOUSEHOLD EFFECTS. in lieu thereof ‘‘performing duty in the United Secretary of the military department concerned Section 406(b)(1)(D) of title 37, United States States or outside the United States that is des- as of October 1, 1997. Code, is amended in the second sentence by in- ignated by the Secretary of Defense as hardship (c) INCENTIVES.—It is the sense of Congress serting before the period the following: ‘‘, unless duty.’’; that, among the new incentives established and the additional weight allowance in excess of (2) by striking out subsections (b) and (c); provided under this section, the Secretary of De- such maximum is intended to permit the ship- (3) in subsection (d), by striking out ‘‘hard- fense should include the following incentives: ping of consumables that cannot be reasonably ship duty location pay’’ and inserting in lieu (1) Family support and leave allowances. obtained at the new station of the member’’. (2) Increased special reenlistment or retention thereof ‘‘hardship duty pay’’; and SEC. 633. TRAVEL AND TRANSPORTATION ALLOW- (4) by redesignating subsection (d) as sub- bonuses. ANCES FOR TRAVEL PERFORMED BY section (b). (3) Repayment of educational loans. MEMBERS IN CONNECTION WITH (4) Priority of selection for assignment to pre- (b) CONFORMING AMENDMENT.—Section 907(d) REST AND RECUPERATIVE LEAVE of such title is amended by striking out ‘‘duty at ferred permanent duty station or for extension FROM OVERSEAS STATIONS. a hardship duty location’’ and inserting in lieu at permanent duty station. (a) PROVISION OF TRANSPORTATION.—Section (5) Modified leave policies. thereof ‘‘hardship duty’’. 411c of title 37, United States Code, is amended (6) Special consideration for Government by striking out subsection (b) and inserting in (c) CLERICAL AMENDMENTS.—(1) The heading housing or additional housing allowances. for section 305 of such title is amended to read lieu thereof the following new subsection: (d) RELATIONSHIP TO OTHER INCENTIVES.—In- ‘‘(b) When the transportation authorized by as follows: centives provided under this section are in addi- subsection (a) is provided by the Secretary con- ‘‘§ 305. Special pay: hardship duty pay’’. tion to any special pay or other benefit that is cerned, the Secretary may use Government or (2) The item relating to such section in the authorized under any other provision of law. commercial carriers. The Secretary concerned table of sections at the beginning of chapter 5 of (e) REPORTS.—(1) Not later than December 1, may limit the amount of payments made to mem- such title is amended to read as follows: 1998, the Secretary of Defense shall submit to bers under subsection (a).’’. ‘‘305. Special pay: hardship duty pay.’’. the congressional defense committees a report (b) CLERICAL AMENDMENTS.—(1) The heading SEC. 618. SELECTIVE REENLISTMENT BONUS ELI- that identifies, for each of the Armed Forces, of such section is amended to read as follows: GIBILITY FOR RESERVE MEMBERS the critically short military occupational spe- ‘‘§ 411c. Travel and transportation allow- PERFORMING ACTIVE GUARD AND cialties to which incentives under this section ances: travel performed in connection with RESERVE DUTY. are to apply. rest and recuperative leave from certain Section 308(a)(1)(D) of title 37, United States (2) Not later than April 15, 1999, the Secretary stations in foreign countries’’. Code, is amended to read as follows: of Defense shall submit to the congressional de- (2) The item relating to such section in the ‘‘(D) reenlists or voluntarily extends the mem- fense committees a report that specifies, for each table of sections at the beginning of chapter 7 of ber’s enlistment for a period of at least three of the Armed Forces, the incentives that are to such title is amended to read as follows: years— be provided under this section. ‘‘411c. Travel and transportation allowances: ‘‘(i) in a regular component of the service con- Subtitle C—Travel and Transportation travel performed in connection cerned; or Allowances with rest and recuperative leave ‘‘(ii) in a reserve component of the service SEC. 631. PAYMENTS FOR MOVEMENTS OF HOUSE- from certain stations in foreign concerned, if the member is performing active HOLD GOODS ARRANGED BY MEM- countries.’’. Guard and Reserve duty (as defined in section BERS. SEC. 634. STORAGE OF BAGGAGE OF CERTAIN DE- 101(d)(6) of title 10).’’. (a) MONETARY ALLOWANCE AUTHORIZED.— PENDENTS. SEC. 619. REPEAL OF TEN PERCENT LIMITATION Subsection (b)(1) of section 406 of title 37, United Section 430(b) of title 37, United States Code, ON CERTAIN SELECTIVE REENLIST- States Code, is amended— is amended— MENT BONUSES. (1) in subparagraph (A)— (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and Section 308(b) of title 37, United States Code, (A) by striking out ‘‘, or reimbursement there- (2) by adding at the end the following new is amended— for,’’; and paragraph: (1) by striking out paragraph (2); and (B) by inserting after the second sentence the ‘‘(2) At the option of the member, in lieu of the (2) by striking out ‘‘(1)’’ after ‘‘(b)’’. following new sentence: ‘‘Alternatively, the transportation of baggage of a dependent child SEC. 620. INCREASE IN MAXIMUM AMOUNT AU- member may be paid reimbursement or a mone- under paragraph (1) from the dependent’s THORIZED FOR ARMY ENLISTMENT tary allowance under subparagraph (F).’’; and school in the continental United States, the Sec- BONUS. (2) by adding at the end the following new retary concerned may pay or reimburse the Section 308f(a) of title 37, United States Code, subparagraph: member for costs incurred to store the baggage is amended by striking out ‘‘$4,000’’ and insert- ‘‘(F) A member entitled to transportation of at or in the vicinity of the school during the de- ing in lieu thereof ‘‘$6,000’’. baggage and household effects under subpara- pendent’s annual trip between the school and H8134 CONGRESSIONAL RECORD — HOUSE September 22, 1998 the member’s duty station. The amount of the ber 5, 1994), but for the fact that such member duced, computed from the dates on which the payment or reimbursement may not exceed the or former member is under 60 years of age. retired pay would have been so reduced at such cost that the Government would incur to trans- (4) STATUS UNDER SBP OF PERSONS MAKING rate or rates and according to such methodology port the baggage.’’. ELECTIONS.— as the Secretary of Defense determines reason- SEC. 635. COMMERCIAL TRAVEL OF RESERVES AT (A) STANDARD ANNUITY.—A person making an able; and FEDERAL SUPPLY SCHEDULE RATES election under paragraph (1) by reason of eligi- (C) any additional amount that the Secretary FOR ATTENDANCE AT INACTIVE- bility under paragraph (3)(A) shall be treated determines necessary to protect the actuarial DUTY TRAINING ASSEMBLIES. for all purposes as providing a standard annu- soundness of the Department of Defense Mili- (a) AUTHORITY.—Chapter 1217 of title 10, ity under the Survivor Benefit Plan. tary Retirement Fund against any increased United States Code is amended by adding at the (B) RESERVE-COMPONENT ANNUITY.—A person risk for the fund that is associated with the end the following new section: making an election under paragraph (1) by rea- election. ‘‘§ 12603. Attendance at inactive-duty training son of eligibility under paragraph (3)(B) shall be (2) PREMIUMS TO BE CREDITED TO RETIREMENT assemblies: commercial travel at Federal treated for all purposes as providing a reserve- FUND.—Premiums paid under the regulations supply schedule rates component annuity under the Survivor Benefit shall be credited to the Department of Defense Plan. Military Retirement Fund. ‘‘(a) FEDERAL SUPPLY SCHEDULE TRAVEL.— (b) MANNER OF MAKING ELECTIONS.— (h) DEFINITIONS.—In this section: Commercial travel under Federal supply sched- (1) IN GENERAL.—An election under this sec- (1) The term ‘‘Survivor Benefit Plan’’ means ules is authorized for the travel of a Reserve to tion must be made in writing, signed by the per- the program established under subchapter II of the location of inactive duty training to be per- son making the election, and received by the chapter 73 of title 10, United States Code. formed by the Reserve and from that location Secretary concerned before the end of the open (2) The term ‘‘Supplemental Survivor Benefit upon completion of the training. enrollment period. Except as provided in para- Plan’’ means the program established under ‘‘(b) REGULATIONS.—The Secretary of Defense graph (2), any such election shall be made sub- subchapter III of chapter 73 of title 10, United shall prescribe in regulations such requirements, ject to the same conditions, and with the same States Code. conditions, and restrictions for travel under the opportunities for designation of beneficiaries (3) The term ‘‘retired pay’’ includes retainer authority of subsection (a) as the Secretary con- and specification of base amount, that apply pay paid under section 6330 of title 10, United siders appropriate. The regulations shall include under the Survivor Benefit Plan or the Supple- States Code. policies and procedures for preventing abuses of mental Survivor Benefit Plan, as the case may (4) The terms ‘‘uniformed services’’ and ‘‘Sec- that travel authority. be. A person making an election under sub- retary concerned’’ have the meanings given ‘‘(c) REIMBURSEMENT NOT AUTHORIZED.—A section (a) to provide a reserve-component an- those terms in section 101 of title 37, United Reserve is not entitled to Government reimburse- nuity shall make a designation described in sec- States Code. ment for the cost of travel authorized under sub- tion 1448(e) of title 10, United States Code. (5) The term ‘‘Department of Defense Military section (a). (2) ELECTION MUST BE VOLUNTARY.—An elec- Retirement Fund’’ means the Department of De- ‘‘(d) TREATMENT OF TRANSPORTATION AS USE tion under this section is not effective unless the fense Military Retirement Fund established BY MILITARY DEPARTMENTS.—For the purposes person making the election declares the election under section 1461(a) of title 10, United States of section 201(a) of the Federal Property and to be voluntary. An election to participate in the Code. Administrative Services Act of 1949 (40 U.S.C. Survivor Benefit Plan under this section may SEC. 643. EFFECTIVE DATE OF COURT-REQUIRED 481(a)), travel authorized under subsection (a) not be required by any court. An election to par- FORMER SPOUSE SURVIVOR BENE- shall be treated as transportation for the use of FIT PLAN COVERAGE EFFECTUATED ticipate or not to participate in the Survivor a military department.’’. THROUGH ELECTIONS AND DEEMED Benefit Plan is not subject to the concurrence of (b) CLERICAL AMENDMENT.—The table of sec- ELECTIONS. tions at the beginning of such chapter is amend- a spouse or former spouse of the person. (a) ELIMINATION OF DISPARITY IN EFFECTIVE (c) EFFECTIVE DATE FOR ELECTIONS.—Any ed by adding at the end the following new item: DATE PROVISIONS.—Section 1448(b)(3) of title 10, such election shall be effective as of the first ‘‘12603. Attendance at inactive-duty training as- United States Code, is amended— day of the first calendar month following the semblies: commercial travel at (1) in subparagraph (C)— month in which the election is received by the Federal supply schedule rates.’’. (A) by striking out the second sentence; and Secretary concerned. (B) by striking out ‘‘EFFECTIVE DATE,’’ in the Subtitle D—Retired Pay, Survivor Benefits, (d) OPEN ENROLLMENT PERIOD DEFINED.—The heading; and and Related Matters open enrollment period is the one-year period (2) by adding at the end the following new SEC. 641. PAID-UP COVERAGE UNDER SURVIVOR beginning on March 1, 1999. subparagraph: BENEFIT PLAN. (e) EFFECT OF DEATH OF PERSON MAKING ‘‘(E) EFFECTIVE DATE OF ELECTION.—An elec- Section 1452 of title 10, United States Code, is ELECTION WITHIN TWO YEARS OF MAKING ELEC- tion under this paragraph is effective as of— amended by adding at the end the following TION.—If a person making an election under this ‘‘(i) the first day of the first month following new subsection: section dies before the end of the two-year pe- the month in which the election is received by ‘‘(j) COVERAGE PAID UP AT 30 YEARS AND AGE riod beginning on the effective date of the elec- the Secretary concerned; or 70.—Effective October 1, 2008, no reduction may tion, the election is void and the amount of any ‘‘(ii) in the case of a person required (as de- be made under this section in the retired pay of reduction in retired pay of the person that is at- scribed in section 1450(f)(3)(B) of this title) to a participant in the Plan for any month after tributable to the election shall be paid in a lump make the election by reason of a court order or the later of— sum to the person who would have been the de- filing the date of which is on or after the date ‘‘(1) the 360th month for which the partici- ceased person’s beneficiary under the voided of the enactment of the subparagraph, the first pant’s retired pay is reduced under this section; election if the deceased person had died after day of the first month which begins after the and the end of such two-year period. date of that court order or filing.’’. ‘‘(2) the month during which the participant (f) APPLICABILITY OF CERTAIN PROVISIONS OF (b) CONFORMITY BY CROSS REFERENCE.—Sec- attains 70 years of age.’’. LAW.—The provisions of sections 1449, 1453, and tion 1450(f)(3)(D) of such title is amended by SEC. 642. SURVIVOR BENEFIT PLAN OPEN EN- 1454 of title 10, United States Code, are applica- striking out ‘‘the first day of the first month ROLLMENT PERIOD. ble to a person making an election, and to an which begins after the date of the court order or (a) PERSONS NOT CURRENTLY PARTICIPATING election, under this section in the same manner filing involved’’ and inserting in lieu thereof IN SURVIVOR BENEFIT PLAN.— as if the election were made under the Survivor ‘‘the day referred to in section 1448(b)(3)(E)(ii) (1) ELECTION OF SBP COVERAGE.—An eligible Benefit Plan or the Supplemental Survivor Ben- of this title’’. retired or former member may elect to partici- efit Plan, as the case may be. SEC. 644. PRESENTATION OF UNITED STATES pate in the Survivor Benefit Plan during the (g) PREMIUMS FOR OPEN ENROLLMENT ELEC- FLAG TO MEMBERS OF THE ARMED FORCES UPON RETIREMENT. open enrollment period specified in subsection TION.— (d). (1) PREMIUMS TO BE CHARGED.—The Secretary (a) ARMY.—(1) Chapter 353 of title 10, United (2) ELECTION OF SUPPLEMENTAL ANNUITY COV- of Defense shall prescribe in regulations pre- States Code, is amended by inserting after the ERAGE.—An eligible retired or former member miums which a person electing under this sec- table of sections the following new section: who elects under paragraph (1) to participate in tion shall be required to pay for participating in ‘‘§ 3681. Presentation of United States flag the Survivor Benefit Plan may also elect during the Survivor Benefit Plan pursuant to the elec- upon retirement the open enrollment period to participate in the tion. The total amount of the premiums to be ‘‘(a) PRESENTATION OF FLAG.—Upon the re- Supplemental Survivor Benefit Plan. paid by a person under the regulations shall be lease of a member of the Army from active duty (3) ELIGIBLE RETIRED OR FORMER MEMBER.— equal to the sum of— for retirement, the Secretary of the Army shall For purposes of paragraphs (1) and (2), an eligi- (A) the total amount by which the retired pay present a United States flag to the member. ble retired or former member is a member or of the person would have been reduced before ‘‘(b) MULTIPLE PRESENTATIONS NOT AUTHOR- former member of the uniformed services who on the effective date of the election if the person IZED.—A member is not eligible for a presen- the day before the first day of the open enroll- had elected to participate in the Survivor Bene- tation of a flag under subsection (a) if the mem- ment period is not a participant in the Survivor fit Plan (for the same base amount specified in ber has previously been presented a flag under Benefit Plan and— the election) at the first opportunity that was this section or section 6141 or 8681 of this title or (A) is entitled to retired pay; or afforded the member to participate under chap- section 516 of title 14. (B) would be entitled to retired pay under ter 73 of title 10, United States Code; ‘‘(c) NO COST TO RECIPIENT.—The presen- chapter 1223 of title 10, United States Code (or (B) interest on the amounts by which the re- tation of a flag under this section shall be at no chapter 67 of such title as in effect before Octo- tired pay of the person would have been so re- cost to the recipient.’’. September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8135 (2) The table of sections at the beginning of States Code (as added by subsection (d)), shall (1) by inserting ‘‘(1)’’ after ‘‘(e)’’; and such chapter is amended by inserting before the apply with respect to releases from active duty (2) by adding at the end the following new item relating to section 3684 the following new described in those sections on or after October 1, paragraph: item: 1998. ‘‘(2)(A) Notwithstanding any other provision ‘‘3681. Presentation of United States flag upon SEC. 645. RECOVERY, CARE, AND DISPOSITION OF of law, an obligation for an advance of pay retirement.’’. REMAINS OF MEDICALLY RETIRED made pursuant to this section shall be recorded (b) NAVY AND MARINE CORPS.—(1) Chapter 561 MEMBER WHO DIES DURING HOS- as an obligation only in the fiscal year in which of title 10, United States Code, is amended by in- PITALIZATION THAT BEGINS WHILE the entitlement of the member to the pay ac- serting after the table of sections the following ON ACTIVE DUTY. crues. new section: (a) IN GENERAL.—Paragraph (7) of section ‘‘(B) Current appropriations available for ad- 1481(a) of title 10, United States Code, is amend- vance payments under this section may be ‘‘§ 6141. Presentation of United States flag ed to read as follows: transferred to the prior fiscal year appropria- upon retirement ‘‘(7) A person who— tion available for the same purpose in the ‘‘(a) PRESENTATION OF FLAG.—Upon the re- ‘‘(A) dies as a retired member of an armed amount of any unliquidated advance payments lease of a member of the Navy or Marine Corps force under the Secretary’s jurisdiction during a that remain at the end of such prior fiscal year. from active duty for retirement or transfer to the continuous hospitalization of the member as a Such unliquidated advance payments shall then Fleet Reserve or the Fleet Marine Corps Reserve, patient in a United States hospital that began be credited to the current appropriation.’’. the Secretary of the Navy shall present a United while the member was on active duty for a pe- SEC. 653. REIMBURSEMENT OF RENTAL VEHICLE States flag to the member. riod of more than 30 days; or COSTS WHEN MOTOR VEHICLE ‘‘(b) MULTIPLE PRESENTATIONS NOT AUTHOR- ‘‘(B) is not covered by subparagraph (A) and, TRANSPORTED AT GOVERNMENT EX- IZED.—A member is not eligible for a presen- while in a retired status by reason of eligibility PENSE IS LATE. tation of a flag under subsection (a) if the mem- to retire under chapter 61 of this title, dies dur- (a) TRANSPORTATION IN CONNECTION WITH ber has previously been presented a flag under ing a continuous hospitalization of the person CHANGE OF PERMANENT STATION.—Section 2634 this section or section 3681 or 8681 of this title or that began while the person was on active duty of title 10, United States Code, is amended— section 516 of title 14. as a Regular of an armed force under the Sec- (1) by redesignating subsection (g) as sub- ‘‘(c) NO COST TO RECIPIENT.—The presen- retary’s jurisdiction.’’. section (h); and tation of a flag under this section shall be at no (b) REPEAL OF OBSOLETE TERMINOLOGY.— (2) by inserting after subsection (f) the follow- cost to the recipient.’’. Paragraph (1) of such section is amended by ing new subsection: (2) The table of sections at the beginning of striking out ‘‘, or a member of an armed force ‘‘(g) If a motor vehicle of a member (or a de- such chapter is amended by inserting before the without component,’’. pendent of the member) that is transported at item relating to section 6151 the following new (c) EFFECTIVE DATE.—The amendment made the expense of the United States under this sec- item: by subsection (a) applies with respect to deaths tion does not arrive at the authorized destina- ‘‘6141. Presentation of United States flag upon occurring on or after the date of the enactment tion of the vehicle by the designated delivery retirement.’’. of this Act. date, the Secretary concerned shall reimburse (c) AIR FORCE.—(1) Chapter 853 of title 10, SEC. 646. REVISION TO COMPUTATION OF RE- the member for expenses incurred after that date United States Code, is amended by inserting TIRED PAY FOR CERTAIN MEMBERS. to rent a motor vehicle for the member’s use, or after the table of sections the following new sec- Section 1406(i) of title 10, United States Code, for the use of the dependent for whom the de- tion: is amended— layed vehicle was transported. The amount re- (1) by redesignating paragraph (2) as para- imbursed may not exceed $30 per day, and the ‘‘§ 8681. Presentation of United States flag rental period for which reimbursement may be upon retirement graph (3); and (2) by inserting after paragraph (1) the follow- provided expires after seven days or on the date ‘‘(a) PRESENTATION OF FLAG.—Upon the re- ing new paragraph (2); on which the delayed vehicle arrives at the au- lease of a member of the Air Force from active ‘‘(2) EXCEPTION FOR MEMBERS REDUCED IN thorized destination (whichever occurs first).’’. duty for retirement, the Secretary of the Air GRADE OR WHO DO NOT SERVE SATISFACTORILY.— (b) TRANSPORTATION IN CONNECTION WITH Force shall present a United States flag to the Paragraph (1) does not apply in the case of a OTHER MOVES.—Section 406(h) of title 37, member. member who, while or after serving in a position United States Code, is amended by adding at the ‘‘(b) MULTIPLE PRESENTATIONS NOT AUTHOR- specified in that paragraph and by reason of end the following new paragraph: IZED.—A member is not eligible for a presen- conduct occurring on or after the date of the en- ‘‘(3) If a motor vehicle of a member (or a de- tation of a flag under subsection (a) if the mem- actment of the Strom Thurmond National De- pendent of the member) that is transported at ber has previously been presented a flag under fense Authorization Act for Fiscal Year 1999— the expense of the United States under this sub- this section or section 3681 or 6141 of this title or ‘‘(A) in the case of an enlisted member, is re- section does not arrive at the authorized des- section 516 of title 14. duced in grade as the result of a court-martial tination of the vehicle by the designated deliv- ‘‘(c) NO COST TO RECIPIENT.—The presen- sentence, nonjudicial punishment, or other ad- ery date, the Secretary concerned shall reim- tation of a flag under this section shall be at no ministrative process; or burse the member for expenses incurred after cost to the recipient.’’. ‘‘(B) in the case an officer, is not certified by that date to rent a motor vehicle for the depend- (2) The table of sections at the beginning of the Secretary of Defense under section 1370(c) of ent’s use. The amount reimbursed may not ex- such chapter is amended by inserting before the this title as having served on active duty satis- ceed $30 per day, and the rental period for item relating to section 8684 the following new factorily in the grade of general or admiral, as which reimbursement may be provided expires item: the case may be, while serving in that posi- after seven days or on the date on which the de- ‘‘8681. Presentation of United States flag upon tion.’’. layed vehicle arrives at the authorized destina- retirement.’’. SEC. 647. ELIMINATION OF BACKLOG OF UNPAID tion (whichever occurs first).’’. (d) COAST GUARD.—(1) Chapter 13 of title 14, RETIRED PAY. (c) TRANSPORTATION IN CONNECTION WITH DE- United States Code, is amended by adding at the (a) REQUIREMENT.—The Secretary of the Army PARTURE ALLOWANCES FOR DEPENDENTS.—Sec- end the following new section: shall take such actions as are necessary to elimi- tion 405a(b) of title 37, United States Code, is ‘‘§ 516. Presentation of United States flag nate, by December 31, 1998, the backlog of un- amended— upon retirement paid retired pay for members and former mem- (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and (2) by adding at the end the following new bers of the Army (including members and former ‘‘(a) PRESENTATION OF FLAG.—Upon the re- paragraph: members of the Army Reserve and the Army Na- lease of a member of the Coast Guard from ac- ‘‘(2) If a motor vehicle of a member (or a de- tive duty for retirement, the Secretary of Trans- tional Guard). pendent of the member) that is transported at (b) REPORT.—Not later than 30 days after the portation shall present a United States flag to the expense of the United States under para- date of the enactment of this Act, the Secretary the member. graph (1) does not arrive at the authorized des- of the Army shall submit to Congress a report on ‘‘(b) MULTIPLE PRESENTATIONS NOT AUTHOR- tination of the vehicle by the designated deliv- the backlog of unpaid retired pay. The report IZED.—A member is not eligible for a presen- ery date, the Secretary concerned shall reim- shall include the following: tation of a flag under subsection (a) if the mem- burse the member for expenses incurred after ber has previously been presented a flag under (1) The actions taken under subsection (a). (2) The extent of the remaining backlog. that date to rent a motor vehicle for the depend- this section or section 3681, 6141, and 8681 of ent’s use. The amount reimbursed may not ex- title 10. (3) A discussion of any additional actions that are necessary to ensure that retired pay is paid ceed $30 per day, and the rental period for ‘‘(c) NO COST TO RECIPIENT.—The presen- in a timely manner. which reimbursement may be provided expires tation of a flag under his section shall be at no after seven days or on the date on which the de- cost to the recipient.’’. Subtitle E—Other Matters layed vehicle arrives at the authorized destina- (2) The table of sections at the beginning of SEC. 651. DEFINITION OF POSSESSIONS OF THE tion (whichever occurs first).’’. such chapter is amended by adding at the end UNITED STATES FOR PAY AND AL- (d) TRANSPORTATION IN CONNECTION WITH EF- LOWANCES PURPOSES. the following new item: FECTS OF MISSING PERSONS.—Section 554 of title ‘‘516. Presentation of United States flag upon Section 101(2) of title 37, United States Code, 37, United States Code, is amended— retirement.’’. is amended by striking out ‘‘the Canal Zone,’’. (1) by redesignating subsection (i) as sub- (e) EFFECTIVE DATE.—Sections 3681, 6141, and SEC. 652. ACCOUNTING OF ADVANCE PAYMENTS. section (j); and 8681 of title 10, United States Code (as added by Section 1006(e) of title 37, United States Code, (2) by inserting after subsection (h) the follow- this section), and section 516 of title 14, United is amended— ing new subsection: H8136 CONGRESSIONAL RECORD — HOUSE September 22, 1998

‘‘(i) If a motor vehicle of a member (or a de- (d) EFFECTIVE DATE AND APPLICABILITY.—The regulations relating to the availability of finan- pendent of the member) that is transported at amendments made by subsections (a) and (b) cial assistance under subparagraph (A). Such the expense of the United States under this sec- shall take effect on the date of the enactment of regulations shall, to the maximum extent prac- tion does not arrive at the authorized destina- this Act and apply with respect to injuries, ill- ticable, be consistent with Department of State tion of the vehicle by the designated delivery nesses, disabilities, and deaths incurred or con- regulations relating to the availability of finan- date, the Secretary concerned shall reimburse tracted on or after that date. cial assistance for the education of dependents the dependent for expenses incurred after that SEC. 656. RELATIONSHIP OF ENLISTMENT BO- of Department of State personnel overseas.’’. date to rent a motor vehicle for the dependent’s NUSES TO ELIGIBILITY TO RECEIVE SEC. 658. CLARIFICATIONS CONCERNING PAY- use. The amount reimbursed may not exceed $30 ARMY COLLEGE FUND SUPPLEMENT MENTS TO CERTAIN PERSONS CAP- per day, and the rental period for which reim- UNDER MONTGOMERY GI BILL EDU- TURED OR INTERNED BY NORTH bursement may be provided expires after seven CATIONAL ASSISTANCE PROGRAM. VIETNAM. days or on the date on which the delayed vehi- (a) ENLISTEMENT BONUSES AND GI BILL SUP- (a) ELIGIBILE SURVIVORS.—Subsection (b) of cle arrives at the authorized destination (which- PLEMENT NOT EXCLUSIVE.—Section 3015(d) of section 657 of the National Defense Authoriza- ever occurs first).’’. title 38, United States Code, is amended— tion Act for Fiscal Year 1997 (Public Law 104– (e) APPLICATION OF AMENDMENTS.—(1) Reim- (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and 201; 110 Stat. 2585) is amended by adding at the bursement for motor vehicle rental expenses may (2) by adding at the end the following: end the following new paragraphs: not be provided under the amendments made by ‘‘(2) In the case of an individual who after ‘‘(3) If there is no surviving spouse or surviv- this section until after the date on which the October 7, 1997, receives an enlistment bonus ing child, to the parents of the decedent, in Secretary of Defense submits to Congress a re- under section 308a or 308f of title 37, receipt of equal shares, or, if one parent of the decedent port containing a certification that the Depart- that bonus does not affect the eligibility of that has died, to the surviving parent. ment of Defense has in place and operational a individual for an increase under paragraph (1) ‘‘(4) If there is no surviving spouse, surviving system to recover the cost of providing such re- in the rate of the basic educational assistance child, or surviving parent, to the surviving sib- imbursement from commercial carriers that are allowance applicable to that individual, and the lings by blood of the decedent, in equal responsible for the delay in the delivery of the Secretary concerned may provide such an in- shares.’’. (b) PERMITTED RECIPIENTS OF PAYMENT DIS- motor vehicles of members of the Armed Forces crease for that individual (and enter into an BURSEMENT.—Subsection (f)(1) of such section is and their dependents. The Secretary of Defense agreement with that individual that the United amended by striking out ‘‘The actual disburse- shall prepare the report in consultation with the States agrees to make payments pursuant to ment’’ and inserting in lieu thereof ‘‘Notwith- Secretary of Transportation, with respect to the such an increase) without regard to any provi- standing any agreement (including a power of Coast Guard. sion of law (enacted before, on, or after the date (2) The amendments shall apply with respect of the enactment of this paragraph) that limits attorney) to the contrary, the actual disburse- to rental expenses described in such amendments the authority to make such payments.’’. ment’’. that are incurred on or after the date of the sub- (b) REPEAL OF RELATED LIMITATIONS.—(1) TITLE VII—HEALTH CARE PROVISIONS mission of the report. The report shall be sub- Section 8013(a) of the Department of Defense Subtitle A—Health Care Services mitted not later than six months after the date Appropriations Act, 1998 (111 Stat. 1222), is Sec. 701. Dependents’ dental program. of the enactment of this Act and shall include, amended— Sec. 702. Expansion of dependent eligibility in addition to the certification, a description of (A) by striking out ‘‘on or after the date of en- under retiree dental program. the system to be used to recover from commercial actment of this Act—’’ and all that follows Sec. 703. Plan for redesign of military phar- carriers the costs incurred under such amend- through ‘‘nor shall any amounts’’ and inserting macy system. ments. in lieu thereof ‘‘after October 7, 1997, enlists in Sec. 704. Transitional authority to provide con- the armed services for a period of active duty of SEC. 654. EDUCATION LOAN REPAYMENT PRO- tinued health care coverage for GRAM FOR HEALTH PROFESSIONS less than three years, nor shall any amounts’’; certain persons unaware of loss of OFFICERS SERVING IN SELECTED and CHAMPUS eligibility. RESERVE. (B) in the first proviso, by striking out ‘‘in the Subtitle B—TRICARE Program case of a member covered by clause (1),’’. (a) ELIGIBLE PERSONS.—Subsection (b)(2) of Sec. 711. Payment of claims for provision of section 16302 of title 10, United States Code, is (2) Section 8013(a) of the Department of De- fense Appropriations Act, 1999, is amended— health care under the TRICARE amended by inserting ‘‘, or is enrolled in a pro- program for which a third party gram of education leading to professional quali- (A) by striking out ‘‘of this Act—’’ and all that follows through ‘‘nor shall any amounts’’ may be liable. fications,’’ after ‘‘possesses professional quali- Sec. 712. TRICARE Prime automatic enroll- and inserting in lieu thereof ‘‘of this Act, enlists fications’’. ments and retiree payment op- in the armed services for a period of active duty (b) INCREASED BENEFITS.—Subsection (c) of tions. of less that three years, nor shall any such section is amended— Sec. 713. System for tracking data and measur- amounts’’; and (1) in paragraph (2), by striking out ‘‘$3,000’’ ing performance in meeting (B) in the first proviso, by striking out ‘‘in the and inserting in lieu thereof ‘‘$20,000’’; and TRICARE access standards. (2) in paragraph (3), by striking out ‘‘$20,000’’ case of a member covered by clause (1),’’. Sec. 714. Establishment of appeals process for (3) The amendments made by paragraph (2) and inserting in lieu thereof ‘‘$50,000’’. claimcheck denials. SEC. 655. FEDERAL EMPLOYEES’ COMPENSATION shall take effect on the later of the following: Sec. 715. Reviews relating to accessibility of (A) The date of the enactment of this Act. COVERAGE FOR STUDENTS PARTICI- health care under TRICARE. PATING IN CERTAIN OFFICER CAN- (B) The date of the enactment of the Depart- DIDATE PROGRAMS. ment of Defense Appropriations Act, 1999. Subtitle C—Health Care Services For Medi- care-Eligible Department of Defense Bene- (a) PERIODS OF COVERAGE.—Subsection (a)(2) SEC. 657. AUTHORITY TO PROVIDE FINANCIAL AS- of section 8140 of title 5, United States Code, is SISTANCE FOR EDUCATION OF CER- ficiaries amended to read as follows: TAIN DEFENSE DEPENDENTS OVER- Sec. 721. Demonstration project to include cer- ‘‘(2) during the period of the member’s attend- SEAS. tain covered beneficiaries within ance at training or a practice cruise under Section 1407(b) of the Defense Dependents’ Federal Employees Health Bene- chapter 103 of title 10, beginning when the au- Education Act of 1978 (20 U.S.C. 926(b)) is fits Program. thorized travel to the training or practice cruise amended— Sec. 722. TRICARE as Supplement to Medicare begins and ending when authorized travel from (1) by striking out ‘‘(b) Under such cir- demonstration. the training or practice cruise ends.’’. cumstances as he may by regulation prescribe, Sec. 723. Implementation of redesign of phar- (b) LINE OF DUTY.—Subsection (b) of such sec- the Secretary of Defense’’ and inserting in lieu macy system. tion is amended to read as follows: thereof ‘‘(b) TUITION AND ASSISTANCE WHEN Sec. 724. Comprehensive evaluation of imple- ‘‘(b) For the purpose of this section, an in- SCHOOLS UNAVAILABLE.—(1) Under such cir- mentation of demonstration jury, disability, death, or illness of a member re- cumstances as the Secretary of Defense may pre- projects and TRICARE pharmacy ferred to in subsection (a) may be considered as scribe in regulations, the Secretary’’; and redesign. incurred or contracted in line of duty only if the (2) by adding at the end the following new Subtitle D—Other Changes to Existing Laws injury, disability, or death is incurred, or the ill- paragraph: Regarding Health Care Management ness is contracted, by the member during a pe- ‘‘(2)(A) The Secretary of Defense, and the Sec- Sec. 731. Process for waiving informed consent riod described in that subsection. Subject to re- retary of Transportation with respect to the requirement for administration of view by the Secretary of Labor, the Secretary of Coast Guard when it is not operating as a serv- certain drugs to members of the military department concerned (under regu- ice of the Navy, may provide financial assist- Armed Forces for purposes of a lations prescribed by that Secretary), shall de- ance to sponsors of dependents in overseas areas particular military operation. termine whether an injury, disability, or death where schools operated by the Secretary of De- Sec. 732. Health benefits for abused dependents was incurred, or an illness was contracted, by a fense under subsection (a) are not reasonably of members of the Armed Forces. member in line of duty.’’. available in order to assist the sponsors to de- Sec. 733. Provision of health care at military (c) CLARIFICATION OF CASUALTIES COVERED.— fray the costs incurred by the sponsors for the entrance processing stations and Subsection (a) of such section, as amended by attendance of the dependents at schools in such elsewhere outside medical treat- subsection (a) of this section, is further amended areas other than schools operated by the Sec- ment facilities. by inserting ‘‘, or an illness contracted,’’ after retary of Defense. Sec. 734. Professional qualifications of physi- ‘‘death incurred’’ in the matter preceding para- ‘‘(B) The Secretary of Defense and the Sec- cians providing military health graph (1). retary of Transportation shall each prescribe care. September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8137 Subtitle E—Other Matters SEC. 703. PLAN FOR REDESIGN OF MILITARY ‘‘§ 1095b. TRICARE program: contractor pay- Sec. 741. Enhanced Department of Defense PHARMACY SYSTEM. ment of certain claims (a) PLAN REQUIRED.—The Secretary of De- Organ and Tissue Donor program. ‘‘(a) PAYMENT OF CLAIMS.—(1) The Secretary fense shall submit to Congress a plan that Sec. 742. Authorization to establish a Level 1 of Defense may authorize a contractor under would provide for a system-wide redesign of the Trauma Training Center. the TRICARE program to pay a claim described military and contractor retail and mail-order Sec. 743. Authority to establish center for study in paragraph (2) before seeking to recover from pharmacy system of the Department of Defense of post-deployment health con- a third-party payer the costs incurred by the by incorporating ‘‘best business practices’’ of cerns of members of the Armed contractor to provide health care services that the private sector. The Secretary shall work Forces. are the basis of the claim to a beneficiary under with contractors of TRICARE retail pharmacy Sec. 744. Report on implementation of enroll- such program. and national mail-order pharmacy programs to ment-based capitation for funding ‘‘(2) A claim under this paragraph is a claim— develop a plan for the redesign of the pharmacy for military medical treatment fa- ‘‘(A) that is submitted to the contractor by a system that— cilities. provider under the TRICARE program for pay- (1) may include a plan for an incentive-based ment for services for health care provided to a Sec. 745. Joint Department of Defense and De- formulary for military medical treatment facili- partment of Veterans Affairs re- covered beneficiary; and ties and contractors of TRICARE retail phar- ‘‘(B) that is identified by the contractor as a ports relating to interdepart- macies and the national mail-order pharmacy; mental cooperation in the delivery claim for which a third-party payer may be lia- and ble. of medical care. (2) shall include a plan for each of the follow- ‘‘(b) RECOVERY FROM THIRD-PARTY PAYERS.— Sec. 746. Report on research and surveillance ing: A contractor for the provision of health care activities regarding lyme disease (A) A uniform formulary for such facilities services under the TRICARE program that pays and other tick-borne diseases. and contractors. a claim described in subsection (a)(2) shall have Subtitle A—Health Care Services (B) A centralized database that integrates the patient databases of pharmacies of military the right to collect from the third-party payer SEC. 701. DEPENDENTS’ DENTAL PROGRAM. medical treatment facilities and contractor retail the costs incurred by such contractor on behalf (a) PREMIUM INCREASE.—Section 1076a(b)(2) of and mail-order programs to implement auto- of the covered beneficiary. The contractor shall title 10, United States Code, is amended— mated prospective drug utilization review sys- have the same right to collect such costs under (A) by inserting ‘‘(A)’’ after ‘‘(2)’’; and tems. this subsection as the right of the United States (B) by adding at the end the following: (C) A system-wide drug benefit for covered to collect costs under section 1095 of this title. ‘‘(B) Effective as of January 1 of each year, beneficiaries under chapter 55 of title 10, United ‘‘(c) DEFINITION OF THIRD-PARTY PAYER.—In the amount of the premium required under sub- States Code, who are entitled to hospital insur- this section, the term ‘third-party payer’ has the paragraph (A) shall be increased by the percent ance benefits under part A of title XVIII of the meaning given that term in section 1095(h) of equal to the lesser of— Social Security Act (42 U.S.C. 1395c et seq.). this title, except that such term excludes pri- ‘‘(i) the percent by which the rates of basic (b) SUBMISSION OF PLAN.—The Secretary shall mary medical insurers.’’. pay of members of the uniformed services are in- submit the plan required under subsection (a) (b) CLERICAL AMENDMENT.—The table of sec- creased on such date; or not later than March 1, 1999. tions at the beginning of such chapter is amend- ‘‘(ii) the sum of one-half percent and the per- (c) SUSPENSION OF IMPLEMENTATION OF PRO- ed by inserting after the item relating to section cent computed under section 5303(a) of title 5 for GRAM.—The Secretary shall suspend any plan to 1095a the following new item: the increase in rates of basic pay for statutory establish a national retail pharmacy program ‘‘1095b. TRICARE program: contractor payment pay systems for pay periods beginning on or for the Department of Defense until— of certain claims.’’. after such date.’’. (1) the plan required under subsection (a) is SEC. 712. TRICARE PRIME AUTOMATIC ENROLL- (2) The amendment made by subparagraph (B) submitted; and MENTS AND RETIREE PAYMENT OP- of paragraph (1) shall take effect on January 1, (2) the Secretary implements cost-saving re- TIONS. 1999, and shall apply to months after 1998 as if forms with respect to the military and contrac- (a) PROCEDURES.—(1) Chapter 55 of title 10, such subparagraph had been in effect since De- tor retail and mail order pharmacy system. United States Code, is amended by inserting cember 31, 1993. SEC. 704. TRANSITIONAL AUTHORITY TO PRO- after section 1097 the following new section: (b) LIMITATION ON REDUCTION OF BENEFITS.— VIDE CONTINUED HEALTH CARE ‘‘§ 1097a. TRICARE Prime: automatic enroll- Section 1076a is further amended by adding at COVERAGE FOR CERTAIN PERSONS ments; payment options the end the following new subsection: UNAWARE OF LOSS OF CHAMPUS ELIGIBILITY. ‘‘(a) AUTOMATIC ENROLLMENT OF CERTAIN DE- ‘‘(j) LIMITATION ON REDUCTION OF BENE- (a) TRANSITIONAL COVERAGE.—The admin- PENDENTS.—Each dependent of a member of the FITS.—The Secretary of Defense may not reduce istering Secretaries may continue eligibility of a uniformed services in grade E4 or below who is benefits provided under this section until— entitled to medical and dental care under sec- ‘‘(1) the Secretary provides notice of the Sec- person described in subsection (b) for health care coverage under the Civilian Health and tion 1076(a)(2)(A) of this title and resides in the retary’s intent to reduce such benefits to the catchment area of a facility of a uniformed serv- Committee on National Security of the House of Medical Program of the Uniformed Services based on a determination that such continu- ice offering TRICARE Prime shall be automati- Representatives and the Committee on Armed cally enrolled in TRICARE Prime at the facility. Services of the Senate; and ation is appropriate to assure health care cov- erage for any such person who may have been The Secretary concerned shall provide written ‘‘(2) one year has elapsed following the date notice of the enrollment to the member. The en- of such notice.’’. unaware of the loss of eligibility to receive health benefits under that program. rollment of a dependent of the member may be SEC. 702. EXPANSION OF DEPENDENT ELIGI- (b) PERSONS ELIGIBLE.—A person shall be eli- terminated by the member or the dependent at BILITY UNDER RETIREE DENTAL gible for transitional health care coverage under any time. PROGRAM. subsection (a) if the person— ‘‘(b) AUTOMATIC RENEWAL OF ENROLLMENTS (a) IN GENERAL.—Subsection (b) of section (1) is a person described in paragraph (1) of OF COVERED BENEFICIARIES.—(1) An enrollment 1076c of title 10, United States Code, is amend- subsection (d) of section 1086 of title 10, United of a covered beneficiary in TRICARE Prime ed— States Code; shall be automatically renewed upon the expira- (1) by redesignating paragraph (4) as para- (2) in the absence of such paragraph, would tion of the enrollment unless the renewal is de- graph (5); and be eligible for health benefits under such sec- clined. (2) by inserting after paragraph (3) the follow- tion; and ‘‘(2) Not later than 15 days before the expira- ing new paragraph: (3) satisfies the criteria specified in subpara- tion date for an enrollment of a covered bene- ‘‘(4) Eligible dependents of a member described graphs (A) and (B) of paragraph (2) of such ficiary in TRICARE Prime, the Secretary con- in paragraph (1) or (2) who is not enrolled in subsection. cerned shall— the plan and who— (c) EXTENT OF TRANSITIONAL AUTHORITY.— ‘‘(A) transmit a written notification of the ‘‘(A) is enrolled under section 1705 of title 38 The authority to continue eligibility under this pending expiration and renewal of enrollment to to receive dental care from the Secretary of Vet- section shall apply with respect to health care the covered beneficiary or, in the case of a de- erans Affairs; services provided between October 1, 1998, and pendent of a member of the uniformed services, ‘‘(B) is enrolled in a dental plan that— July 1, 1999. to the member; and ‘‘(i) is available to the member as a result of (d) DEFINITION.—In this section, the term ‘‘(B) afford the beneficiary or member, as the employment by the member that is separate from ‘‘administering Secretaries’’ has the meaning case may be, an opportunity to decline the re- the military service of the member; and given that term in section 1072(3) of title 10, newal of enrollment. ‘‘(ii) is not available to dependents of the United States Code. ‘‘(c) PAYMENT OPTIONS FOR RETIREES.—A member as a result of such separate employment Subtitle B—TRICARE Program member or former member of the uniformed serv- by the member; or SEC. 711. PAYMENT OF CLAIMS FOR PROVISION ices eligible for medical care and dental care ‘‘(C) is prevented by a medical or dental con- OF HEALTH CARE UNDER THE under section 1074(b) of this title may elect to dition from being able to obtain benefits under TRICARE PROGRAM FOR WHICH A have any fee payable by the member or former the plan.’’. THIRD PARTY MAY BE LIABLE. member for an enrollment in TRICARE Prime (b) CONFORMING AMENDMENT.—Subsection (a) IN GENERAL.—(1) Chapter 55 of title 10, withheld from the member’s retired pay, retainer (f)(3) of such section is amended by striking out United States Code, is amended by inserting pay, or equivalent pay, as the case may be, or ‘‘(b)(4)’’ and inserting in lieu thereof ‘‘(b)(5)’’. after section 1095a the following new section: to be paid from a financial institution through H8138 CONGRESSIONAL RECORD — HOUSE September 22, 1998

electronic transfers of funds. The fee shall be (b) REVIEW OF ADEQUACY OF PROVIDER NET- ‘‘(3) A person eligible for coverage under this paid in accordance with the election. A member WORK.—The Secretary of Defense shall review subsection shall not be required to satisfy any may elect under this section to pay the fee in the administration of the TRICARE Prime eligibility criteria specified in chapter 89 of title full at the beginning of the enrollment period or health plans to determine whether, for each re- 5 (except as provided in paragraph (1)(C) or to make payments on a monthly or quarterly gion covered by such a plan, there is a sufficient (1)(D)) as a condition for enrollment in health basis. number, distribution, and variety of qualified benefits plans offered through the Federal Em- ‘‘(d) REGULATIONS AND EXCEPTIONS.—The Sec- participating health care providers to ensure ployees Health Benefits program under the dem- retary of Defense shall prescribe regulations, in- that covered health care services, including spe- onstration project. cluding procedures, to carry out this section. cialty services and rehabilitative services, are ‘‘(4) For purposes of determining whether an Regulations prescribed to carry out the auto- accessible in the vicinity of the residence of the individual is a member of family under para- matic enrollment requirements under this sec- enrollees and available in a timely manner to graph (5) of section 8901 of title 5 for purposes tion may include such exceptions to the auto- such enrollees, regardless of where such enroll- of paragraph (1)(C) or (1)(D), a member or matic enrollment procedures as the Secretary de- ees are located within the TRICARE region. former member described in section 1076(b) or termines appropriate for the effective operation (c) REPORT.—Not later than April 1, 1999, the 1076(a)(2)(B) of this title shall be deemed to be of TRICARE Prime. Secretary of Defense shall submit to the Commit- an employee under such section. ‘‘(e) DEFINITIONS.—In this section: tee on Armed Services of the Senate and the ‘‘(5) An eligible beneficiary who is eligible to ‘‘(1) The term ‘TRICARE Prime’ means the Committee on National Security of the House of enroll in the Federal Employees Health Benefits managed care option of the TRICARE program. Representatives a report on the results of the re- program as an employee under chapter 89 of ‘‘(2) The term ‘catchment area’, with respect views required by subsections (a) and (b), to- title 5 is not eligible to enroll in a Federal Em- to a facility of a uniformed service, means the gether with a description of any actions taken ployees Health Benefits plan under this section. service area of the facility, as designated under or directed as a result of those reviews. ‘‘(c) AREA OF DEMONSTRATION PROJECT.—The regulations prescribed by the administering Sec- Subtitle C—Health Care Services For Medi- Secretary of Defense and the Director of the Of- retaries.’’. fice of Personnel Management shall jointly (2) The table of sections at the beginning of care-Eligible Department of Defense Bene- ficiaries identify and select the geographic areas in such chapter is amended by inserting after the which the demonstration project will be con- item relating to section 1097 the following new SEC. 721. DEMONSTRATION PROJECT TO IN- CLUDE CERTAIN COVERED BENE- ducted. The Secretary and the Director shall es- item: tablish at least six, but not more than ten, such 1097a. TRICARE Prime: automatic enrollments; FICIARIES WITHIN FEDERAL EM- demonstration areas. In establishing the areas, payment options.’’. PLOYEES HEALTH BENEFITS PRO- GRAM. the Secretary and Director shall include— (b) DEADLINE FOR IMPLEMENTATION.—The reg- (a) FEHBP DEMONSTRATION PROJECT.—(1) ulations required under subsection (d) of section ‘‘(1) an area that includes the catchment area Chapter 55 of title 10, United States Code, is 1097a of title 10, United States Code (as added of one or more military medical treatment facili- amended by adding at the end the following by subsection (a)), shall be prescribed to take ef- ties; new section: ‘‘(2) an area that is not located in the fect not later than September 30, 1999. The sec- catchment area of a military medical treatment tion shall be applied under TRICARE Prime on ‘‘§ 1108. Health care coverage through Federal facility; and after the date on which the regulations Employees Health Benefits program: dem- ‘‘(3) an area in which there is a Medicare take effect. onstration project Subvention Demonstration project area under ‘‘(a) FEHBP OPTION DEMONSTRATION.—The SEC. 713. SYSTEM FOR TRACKING DATA AND section 1896 of title XVIII of the Social Security MEASURING PERFORMANCE IN Secretary of Defense, after consulting with the MEETING TRICARE ACCESS STAND- other administering Secretaries, shall enter into Act (42 U.S.C. 1395ggg); and ‘‘(4) not more than one area for each ARDS. an agreement with the Office of Personnel Man- TRICARE region. (a) REQUIREMENT TO ESTABLISH SYSTEM.—(1) agement to conduct a demonstration project (in ‘‘(d) DURATION OF DEMONSTRATION The Secretary of Defense shall establish a sys- this section referred to as the ‘demonstration PROJECT.—(1) The Secretary of Defense shall tem— project’) under which eligible beneficiaries de- conduct the demonstration project during three (A) to track data regarding access of covered scribed in subsection (b) and residing within one contract years under the Federal Employees beneficiaries under chapter 55 of title 10, United of the areas covered by the demonstration Health Benefits program. States Code, to primary health care under the project may enroll in health benefits plans of- ‘‘(2) Eligible beneficiaries shall, as provided TRICARE program; and fered through the Federal Employees Health under the agreement pursuant to subsection (a), (B) to measure performance in increasing such Benefits program under chapter 89 of title 5. be permitted to enroll in the demonstration access against the primary care access stand- The number of eligible beneficiaries and family project during an open enrollment period for the ards established by the Secretary under the members of such beneficiaries under subsection year 2000 (conducted in the fall of 1999). The TRICARE program. (b)(2) who may be enrolled in health benefits (2) In implementing the system described in demonstration project shall terminate on Decem- plans during the enrollment period under sub- paragraph (1), the Secretary shall collect data ber 31, 2002. section (d)(2) may not exceed 66,000. on the timeliness of appointments and precise ‘‘(e) PROHIBITION AGAINST USE OF MTFS AND ‘‘(b) ELIGIBLE BENEFICIARIES; COVERAGE.—(1) ENROLLMENT UNDER TRICARE.—Covered bene- waiting times for appointments in order to meas- An eligible beneficiary under this subsection is— ure performance in meeting the primary care ac- ‘‘(A) a member or former member of the uni- ficiaries under this chapter who are provided cess standards established under the TRICARE formed services described in section 1074(b) of coverage under the demonstration project shall program. this title who is entitled to hospital insurance not be eligible to receive care at a military medi- (b) DEADLINE FOR ESTABLISHMENT.—The Sec- benefits under part A of title XVIII of the Social cal treatment facility or to enroll in a heath care retary shall establish the system described in Security Act (42 U.S.C. 1395c et seq.); plan under the TRICARE program. subsection (a) not later than April 1, 1999. ‘‘(B) an individual who is an unremarried ‘‘(f) TERM OF ENROLLMENT IN PROJECT.—(1) SEC. 714. ESTABLISHMENT OF APPEALS PROCESS former spouse of a member or former member de- Subject to paragraphs (2) and (3), the period of FOR CLAIMCHECK DENIALS. scribed in section 1072(2)(F) or 1072(2)(G)); enrollment of an eligible beneficiary who enrolls (a) ESTABLISHMENT OF APPEALS PROCESS.— ‘‘(C) an individual who is— in the demonstration project during the open Not later than January 1, 1999, the Secretary of ‘‘(i) a dependent of a deceased member or enrollment period for the year 2000 shall be Defense shall establish an appeals process in former member described in section 1076(b) or three years unless the beneficiary disenrolls be- cases of denials through the ClaimCheck com- 1076(a)(2)(B) of this title or of a member who fore the termination of the project. puter software system (or any other claims proc- died while on active duty for a period of more ‘‘(2) A beneficiary who elects to enroll in the essing system that may be used by the Sec- than 30 days; and project, and who subsequently discontinues en- retary) of claims by civilian providers for pay- ‘‘(ii) a member of family as defined in section rollment in the project before the end of the pe- ment for health care services provided under the 8901(5) of title 5; or riod described in paragraph (1), shall not be eli- TRICARE program. ‘‘(D) an individual who is— gible to reenroll in the project. (b) REPORT.—Not later than March 1, 1999, ‘‘(i) a dependent of a living member or former ‘‘(3) An eligible beneficiary enrolled in a Fed- the Secretary shall submit to Congress a report member described in section 1076(b)(1) of this eral Employees Health Benefits plan under this on the implementation of this section. title who is entitled to hospital insurance bene- section may change health benefits plans and SEC. 715. REVIEWS RELATING TO ACCESSIBILITY fits under part A of title XVIII of the Social Se- coverage in the same manner as any other Fed- OF HEALTH CARE UNDER TRICARE. curity Act, regardless of the member’s or former eral Employees Health Benefits program bene- (a) REVIEW OF REHABILITATIVE SERVICES FOR member’s eligibility for such hospital insurance ficiary may change such plans. HEAD INJURIES.—The Secretary of Defense shall benefits; and ‘‘(g) EFFECT OF CANCELLATION.—The can- review policies under the TRICARE program ‘‘(ii) a member of family as defined in section cellation by an eligible beneficiary of coverage (including a review of the TRICARE policy 8901(5) of title 5. under the Federal Employee Health Benefits manual) to determine if policies addressing the ‘‘(2) Eligible beneficiaries may enroll in a Fed- program shall be irrevocable during the term of availability of rehabilitative services for eral Employees Health Benefit plan under chap- the demonstration project. TRICARE patients suffering from head injuries ter 89 of title 5 under this section for self-only ‘‘(h) SEPARATE RISK POOLS; CHARGES.—(1) are adequate and appropriately address consid- coverage or for self and family coverage which The Director of the Office of Personnel Manage- eration of certification by an attending physi- includes any dependent of the member or former ment shall require health benefits plans under cian that such services would be beneficial for member who is a family member for purposes of chapter 89 of title 5 that participate in the dem- such a patient. such chapter. onstration project to maintain a separate risk September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8139 pool for purposes of establishing premium rates expanding the project to all Medicare-eligible demonstration project under section 1108 of title for eligible beneficiaries who enroll in such a members of the uniformed services and their de- 10 shall be paid as provided in subsection (i) of plan in accordance with this section. pendents. that section.’’; and ‘‘(2) The Director shall determine total sub- ‘‘(K) Recommendations on whether eligible (4) in section 8909, by adding at the end the scription charges for self only or for family cov- beneficiaries— following new subsection: erage for eligible beneficiaries who enroll in a ‘‘(i) should be given more than one chance to ‘‘(g) The fund described in subsection (a) is health benefits plan under chapter 89 of title 5 enroll in a the demonstration project under this available to pay costs that the Office incurs for in accordance with this section. The subscrip- section; activities associated with implementation of the tion charges shall include premium charges paid ‘‘(ii) should be eligible to enroll in the project demonstration project under section 1108 of title to the plan and amounts described in section only during the first year following the date 10.’’. 8906(c) of title 5 for administrative expenses and that the eligible beneficiary becomes eligible to SEC. 722. TRICARE AS SUPPLEMENT TO MEDI- contingency reserves. receive hospital insurance benefits under part A CARE DEMONSTRATION. ‘‘(i) GOVERNMENT CONTRIBUTIONS.—The Sec- of title XVIII of the Social Security Act; or (a) IN GENERAL.—(1) The Secretary of Defense retary of Defense shall be responsible for the ‘‘(iii) should be eligible to enroll in the project shall, after consultation with the other admin- Government contribution for an eligible bene- only during the two-year period following the istering Secretaries, carry out a demonstration ficiary who enrolls in a health benefits plan date on which the beneficiary first becomes eli- project in order to assess the feasibility and ad- under chapter 89 of title 5 in accordance with gible to enroll in the project. visability of providing medical care coverage this section, except that the amount of the con- ‘‘(k) COMPTROLLER GENERAL REPORT.—Not under the TRICARE program to the individuals tribution may not exceed the amount of the Gov- later than December 31, 2002, the Comptroller described in subsection (c). The demonstration ernment contribution which would be payable if General shall submit to Congress a report ad- project shall be known as the ‘‘TRICARE Senior the electing beneficiary were an employee (as dressing the same matters required to be ad- Supplement’’. (2) The Secretary shall commence the dem- defined for purposes of such chapter) enrolled in dressed under subsection (j)(2). The report shall onstration project not later than January 1, the same health benefits plan and level of bene- describe any limitations with respect to the data 2000, and shall terminate the demonstration fits. contained in the report as a result of the size project not later than December 31, 2002. ‘‘(j) REPORT REQUIREMENTS.—(1) The Sec- and design of the demonstration project. (3) Under the demonstration project, the Sec- retary of Defense and the Director of the Office ‘‘(l) APPLICATION OF MEDIGAP PROTECTIONS retary shall permit eligible individuals described of Personnel Management shall jointly submit to TO DEMONSTRATION PROJECT ENROLLEES.—(1) in subsection (c) to enroll in the TRICARE pro- Congress two reports containing the information Subject to paragraph (2), the provisions of sec- tion 1882(s)(3) (other than clauses (i) through gram. described in paragraph (2). The first report shall (4) Payment for care and services received by be submitted not later than the date that is 15 (iv) of subparagraph (B)) and 1882(s)(4) of the Social Security Act shall apply to enrollment eligible individuals who enroll in the TRICARE months after the date that the Secretary begins program under the demonstration project shall to implement the demonstration project. The sec- (and termination of enrollment) in the dem- onstration project under this section, in the be made as follows: ond report shall be submitted not later than De- (A) First, under title XVIII of the Social Secu- same manner as they apply to enrollment (and cember 31, 2002. rity Act, but only to the extent that payment for termination of enrollment) with a ‘‘(2) The reports required by paragraph (1) such care and services is provided for under Medicare+Choice organization in a shall include the following: that title. ‘‘(A) Information on the number of eligible Medicare+Choice plan. (B) Second, under the TRICARE program, but ‘‘(2) In applying paragraph (1)— beneficiaries who elect to participate in the dem- only to the extent that payment for such care ‘‘(A) any reference in clause (v) or (vi) of sec- onstration project. and services is provided under that program and tion 1882(s)(3)(B) of such Act to 12 months is ‘‘(B) An analysis of the percentage of eligible is not provided for under subparagraph (A). deemed a reference to 36 months; and beneficiaries who participate in the demonstra- (C) Third, by the eligible individual con- ‘‘(B) the notification required under section tion project as compared to the percentage of cerned, but only to the extent that payment for 1882(s)(3)(D) of such Act shall be provided in a covered beneficiaries under this chapter who such care and services is not provided for under manner specified by the Secretary of Defense in elect to enroll in a health care plan under such subparagraphs (A) or (B). chapter. consultation with the Director of the Office of (5)(A) The Secretary shall require each eligible ‘‘(C) Information on eligible beneficiaries who Personnel Management.’’. individual who enrolls in the TRICARE pro- (2) The table of sections at the beginning of elect to participate in the demonstration project gram under the demonstration project to pay an such chapter is amended by adding at the end and did not have Medicare Part B coverage be- enrollment fee. The Secretary shall provide, to the following new item: fore electing to participate in the project. the extent feasible, the option of payment of the ‘‘(D) An analysis of the enrollment rates and ‘‘1108. Health care coverage through Federal Employees Health Benefits pro- enrollment fee through electronic transfers of cost of health services provided to eligible bene- funds and through withholding of such pay- ficiaries who elect to participate in the dem- gram: demonstration project.’’. (b) CONFORMING AMENDMENTS.—Chapter 89 of ment from the pay of a member or former mem- onstration project as compared with similarly title 5, United States Code, is amended— ber of the Armed Forces, and shall provide the situated enrollees in the Federal Employees (1) in section 8905— option that payment of the enrollment fee be Health Benefits program under chapter 89 of (A) by redesignating subsections (d) through made in full at the beginning of the enrollment title 5. (f) as subsections (e) through (g), respectively; period or that payments be made on a monthly ‘‘(E) An analysis of how the demonstration and or quarterly basis. project affects the accessibility of health care in (B) by inserting after subsection (c) the fol- (B) The amount of the enrollment fee charged military medical treatment facilities, and a de- lowing new subsection: an eligible individual under subparagraph (A) scription of any unintended effects on the treat- ‘‘(d) An individual whom the Secretary of De- for self only or family enrollment in any year ment priorities in those facilities in the dem- fense determines is an eligible beneficiary under may not exceed the amount equal to 75 percent onstration area. subsection (b) of section 1108 of title 10 may en- of the total subscription charges in that year for ‘‘(F) An analysis of any problems experienced roll, as part of the demonstration project under self-only or family, respectively, fee-for-service by the Department of Defense in managing the such section, in a health benefits plan under coverage under the health benefits plan under demonstration project. this chapter in accordance with the agreement the Federal Employees Health Benefits program ‘‘(G) A description of the effects of the dem- under subsection (a) of such section between the under chapter 89 of title 5, United States Code, onstration project on medical readiness and Secretary and the Office and applicable regula- that is most similar in coverage to the TRICARE training of the armed forces at military medical tions under this chapter.’’; program. treatment facilities located in the demonstration (2) in section 8906(b)— (6) A covered beneficiary who enrolls in area, and a description of the probable effects (A) in paragraph (1), by striking ‘‘paragraphs TRICARE Senior Supplement under this sub- that making the project permanent would have (2) and (3)’’ and inserting in lieu thereof ‘‘para- section shall not be eligible to receive health on the medical readiness and training. graphs (2), (3), and (4)’’; and care at a facility of the uniformed services dur- ‘‘(H) An examination of the effects that the (B) by adding at the end the following new ing the period such enrollment is in effect. demonstration project, if made permanent, paragraph: (b) EVALUATION; REVIEW.—(1) The Secretary would be expected to have on the overall budget ‘‘(4) In the case of persons who are enrolled in shall provide for an evaluation of the dem- of the Department of Defense, the budget of the a health benefits plan as part of the demonstra- onstration project conducted under this sub- Office of Personnel and Management, and the tion project under section 1108 of title 10, the section by an appropriate person or entity that budgets of individual military medical treatment Government contribution shall be subject to the is independent of the Department of Defense. facilities. limitation set forth in subsection (i) of that sec- The evaluation shall include the following: ‘‘(I) An analysis of whether the demonstration tion.’’; (A) An analysis of the costs of the demonstra- project affects the cost to the Department of De- (3) in section 8906(g)— tion project to the United States and to the eligi- fense of prescription drugs or the accessibility, (A) in paragraph (1), by striking ‘‘paragraph ble individuals who participate in such dem- availability, and cost of such drugs to eligible (2)’’ and inserting in lieu thereof ‘‘paragraphs onstration project. beneficiaries. (2) and (3)’’; and (B) An assessment of the extent to which the ‘‘(J) Any additional information that the Sec- (B) by adding at the end the following new demonstration project satisfies the requirements retary of Defense or the Director of the Office of paragraph: of such eligible individuals for the health care Personnel Management consider appropriate to ‘‘(3) The Government contribution for persons services available under the demonstration assist Congress in determining the viability of enrolled in a health benefits plan as part of the project. H8140 CONGRESSIONAL RECORD — HOUSE September 22, 1998 (C) An assessment of the effect, if any, of the under section 1876 of that Act or with a ing the age of 65 lived within 100 miles of the demonstration project on military medical readi- Medicare+Choice organization with a contract catchment area of a military medical treatment ness. in effect under part C of title XVIII of that Act facility. (D) A description of the rate of the enrollment exceeds 10 percent of the total number of indi- (f) AREAS OF IMPLEMENTATION.—(1) The Sec- in the demonstration project of the individuals viduals in the area who are entitled to hospital retary shall carry out the implementation of the who were eligible to enroll in the demonstration insurance benefits under part A of title XVIII of redesign of the pharmacy system under project. that Act. TRICARE in two separate areas selected by the (E) An assessment of whether the demonstra- (d) DEFINITIONS.—In this section: Secretary. tion project provides the most suitable model for (1) The term ‘‘administering Secretaries’’ has (2) The areas selected by the Secretary under a program to provide adequate health care serv- the meaning given that term in section 1072(3) of paragraph (1) shall be as follows: ices to the population of individuals consisting title 10, United States Code. (A) One area shall be an area outside the of the eligible individuals. (2) The term ‘‘TRICARE program’’ has the catchment area of a military medical treatment (F) An evaluation of any other matters that meaning given that term in section 1072(7) of facility in which— the Secretary considers appropriate. title 10, United States Code. (i) no eligible organization has a contract in (2) The Comptroller General shall review the SEC. 723. IMPLEMENTATION OF REDESIGN OF effect under section 1876 of the Social Security evaluation conducted under paragraph (1). In PHARMACY SYSTEM. Act (42 U.S.C. 1395mm) and no Medicare+Choice carrying out the review, the Comptroller Gen- (a) IN GENERAL.—Not later than October 1, organization has a contract in effect under part eral shall— 1999, the Secretary of Defense shall implement, C of title XVIII of that Act (42 U.S.C. 1395w–21); (A) assess the validity of the processes used in with respect to eligible individuals described in or the evaluation; and subsection (e) who reside in an area selected (ii) the aggregate number of enrollees with an (B) assess the validity of any findings under under subsection (f), the redesign of the phar- eligible organization with a contract in effect the evaluation, including any limitations with macy system under TRICARE (including the under section 1876 of that Act or with a respect to the data contained in the evaluation mail-order and retail pharmacy benefit under Medicare+Choice organization with a contract as a result of the size and design of the dem- TRICARE) to incorporate ‘‘best business prac- in effect under part C of title XVIII of that Act onstration project. tices’’ of the private sector in providing pharma- is less than 2.5 percent of the total number of in- (3)(A) The Secretary shall submit a report on ceuticals, as developed under the plan described dividuals in the area who are entitled to hos- the results of the evaluation under paragraph in section 703. pital insurance benefits under part A of title (1), together with the evaluation, to the Commit- (b) COLLECTION OF PREMIUMS AND OTHER XVIII of that Act. tee on Armed Services of the Senate and the CHARGES.—The Secretary of Defense may collect (B) The other area shall be an area outside Committee on National Security of the House of from eligible individuals described in subsection the catchment area of a military medical treat- Representatives not later than December 31, (e) who participate in the redesigned pharmacy ment facility in which— 2002. system any premiums, deductibles, copayments, (i) at least one eligible organization has a con- (B) The Comptroller General shall submit a re- or other charges that the Secretary would other- tract in effect under section 1876 of that Act or port on the results of the review under para- wise collect from individuals similar to such in- one Medicare+Choice organization has a con- graph (2) to the committees referred to in sub- dividuals. tract in effect under part C of title XVIII of that paragraph (A) not later than February 15, 2003. (c) EVALUATION.—The Secretary shall provide Act; and (c) ELIGIBLE INDIVIDUALS.—(1) An individual for an evaluation of the implementation of the (ii) the aggregate number of enrollees with an is eligible to participate under this section if the redesign of the pharmacy system under eligible organization with a contract in effect individual is a member or former member of the TRICARE under this section by an appropriate under section 1876 of that Act or with a uniformed services described in section 1074(b) of person or entity that is independent of the De- Medicare+Choice organization with a contract title 10, United States Code, a dependent of the partment of Defense. The evaluation shall in- in effect under part C of title XVIII of that Act member described in section 1076(a)(2)(B) or clude the following: exceeds 10 percent of the total number of indi- 1076(b) of that title, or a dependent of a member (1) An analysis of the costs of the implementa- viduals in the area who are entitled to hospital of the uniformed services who died while on ac- tion of the redesign of the pharmacy system insurance benefits under part A of title XVIII of tive duty for a period of more than 30 days, under TRICARE and to the eligible individuals that Act. who— who participate in the system. (A) is 65 years of age or older; (2) An assessment of the extent to which the SEC. 724. COMPREHENSIVE EVALUATION OF IM- (B) is entitled to hospital insurance benefits PLEMENTATION OF DEMONSTRA- implementation of such system satisfies the re- TION PROJECTS AND TRICARE under part A of title XVIII of the Social Secu- quirements of the eligible individuals for the PHARMACY REDESIGN. rity Act (42 U.S.C. 1395c et seq.); health care services available under TRICARE. Not later than March 31, 2003, the Comptroller (C) is enrolled in the supplemental medical in- (3) An assessment of the effect, if any, of the General shall submit to the Committee on Armed surance program under part B of such title implementation of the system on military medi- Services of the Senate and the Committee on Na- XVIII (42 U.S.C. 1395j et seq.); and cal readiness. tional Security of the House of Representatives (D) resides in an area selected by the Sec- (4) A description of the rate of the participa- a report containing a comprehensive compara- retary under subsection (c). tion in the system of the individuals who were tive analysis of the FEHBP demonstration (c) AREAS OF IMPLEMENTATION.—(1) The Sec- eligible to participate. project conducted under section 1108 of title 10, retary shall carry out the demonstration project (5) An evaluation of any other matters that United States Code (as added by section 721), under this section in two separate areas selected the Secretary considers appropriate. by the Secretary. (d) REPORTS.—The Secretary shall submit two the TRICARE Senior Supplement under section (2) The areas selected by the Secretary under reports on the results of the evaluation under 722, and the redesign of the TRICARE phar- paragraph (1) shall be as follows: subsection (c), together with the evaluation, to macy system under section 723. The comprehen- (A) One area shall be an area outside the the Committee on Armed Services of the Senate sive analysis shall incorporate the findings of catchment area of a military medical treatment and the Committee on National Security of the the evaluation submitted under section 723(c) facility in which— House of Representatives. The first report shall and the report submitted under subsection (j) of (i) no eligible organization has a contract in be submitted not later than December 31, 2000, such section 1108. effect under section 1876 of the Social Security and the second report shall be submitted not Subtitle D—Other Changes to Existing Laws Act (42 U.S.C. 1395mm) and no Medicare+Choice later than December 31, 2002. Regarding Health Care Management organization has a contract in effect under part (e) ELIGIBLE INDIVIDUALS.—(1) An individual SEC. 731. PROCESS FOR WAIVING INFORMED CON- C of title XVIII of that Act (42 U.S.C. 1395w–21); is eligible to participate under this section if the SENT REQUIREMENT FOR ADMINIS- or individual is a member or former member of the TRATION OF CERTAIN DRUGS TO (ii) the aggregate number of enrollees with an uniformed services described in section 1074(b) of MEMBERS OF ARMED FORCES FOR eligible organization with a contract in effect title 10, United States Code, a dependent of the PURPOSES OF A PARTICULAR MILI- under section 1876 of that Act or with a member described in section 1076(a)(2)(B) or TARY OPERATION. Medicare+Choice organization with a contract 1076(b) of that title, or a dependent of a member (a) LIMITATION AND WAIVER.—(1) Section 1107 in effect under part C of title XVIII of that Act of the uniformed services who died while on ac- of title 10, United States Code, is amended— is less than 2.5 percent of the total number of in- tive duty for a period of more than 30 days, (A) by redesignating subsection (f) as sub- dividuals in the area who are entitled to hos- who— section (g); and pital insurance benefits under part A of title (A) is 65 years of age or older; (B) by inserting after subsection (e) the fol- XVIII of that Act. (B) is entitled to hospital insurance benefits lowing new subsection (f): (B) The other area shall be an area outside under part A of title XVIII of the Social Secu- ‘‘(f) LIMITATION AND WAIVER.—(1) In the case the catchment area of a military medical treat- rity Act (42 U.S.C. 1395c et seq.); of the administration of an investigational new ment facility in which— (C) except as provided in paragraph (2), is en- drug or a drug unapproved for its applied use to (i) at least one eligible organization has a con- rolled in the supplemental medical insurance a member of the armed forces in connection with tract in effect under section 1876 of that Act or program under part B of such title XVIII (42 the member’s participation in a particular mili- one Medicare+Choice organization has a con- U.S.C. 1395j et seq.); and tary operation, the requirement that the member tract in effect under part C of title XVIII of that (D) resides in an area selected by the Sec- provide prior consent to receive the drug in ac- Act; and retary under subsection (f). cordance with the prior consent requirement im- (ii) the aggregate number of enrollees with an (2) Paragraph (1)(C) shall not apply in the posed under section 505(i)(4) of the Federal eligible organization with a contract in effect case of an individual who at the time of attain- Food, Drug, and Cosmetic Act (21 U.S.C. September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8141 355(i)(4)) may be waived only by the President. 1107(a) of such title for the member to receive physician may not provide health care as a phy- The President may grant such a waiver only if the drug covered by the waiver. sician under this chapter unless the current li- the President determines, in writing, that ob- (b) TIME AND FORM OF NOTICE.—(1) Sub- cense is an unrestricted license that is not sub- taining consent— section (b) of such section is amended by strik- ject to limitation on the scope of practice ordi- ‘‘(A) is not feasible; ing out ‘‘, if practicable’’ and all that follows narily granted to other physicians for a similar ‘‘(B) is contrary to the best interests of the through ‘‘first administered to the member’’. specialty by the jurisdiction that granted the li- member; or (2) Subsection (c) of such section is amended cense.’’. ‘‘(C) is not in the interests of national secu- by striking out ‘‘unless the Secretary of Defense (b) SATISFACTION OF CONTINUING MEDICAL rity. determines’’ and all that follows through ‘‘alter- EDUCATION REQUIREMENTS.—(1) Chapter 55 of ‘‘(2) In making a determination to waive the native method’’. title 10, United States Code, is amended by in- prior consent requirement on a ground described SEC. 732. HEALTH BENEFITS FOR ABUSED DE- serting after section 1094 the following new sec- in subparagraph (A) or (B) of paragraph (1), the PENDENTS OF MEMBERS OF THE tion: President shall apply the standards and criteria ARMED FORCES. ‘‘§ 1094a. Continuing medical education re- that are set forth in the relevant FDA regula- Section 1076(e) of title 10, United States Code, quirements: system for monitoring physician tions for a waiver of the prior consent require- is amended— compliance ment on that ground. (1) by amending paragraph (1) to read as fol- ‘‘The Secretary of Defense shall establish a ‘‘(3) The Secretary of Defense may request the lows: mechanism for ensuring that each person under President to waive the prior consent requirement ‘‘(1) Subject to paragraph (3), the administer- the jurisdiction of the Secretary of a military de- with respect to the administration of an inves- ing Secretary shall furnish an abused dependent partment who provides health care under this tigational new drug or a drug unapproved for of a former member of a uniformed service de- chapter as a physician satisfies the continuing its applied use to a member of the armed forces scribed in paragraph (4), during that period medical education requirements applicable to in connection with the member’s participation that the abused dependent is in receipt of tran- the physician.’’. in a particular military operation. With respect sitional compensation under section 1059 of this (2) The table of sections at the beginning of to any such administration— title, with medical and dental care, including such chapter is amended by inserting after the ‘‘(A) the Secretary may not delegate to any mental health services, in facilities of the uni- item relating to section 1094 the following new other official the authority to request the Presi- formed services in accordance with the same eli- item: dent to waive the prior consent requirement for gibility and benefits as were applicable for that ‘‘1094a. Continuing medical education require- the Department of Defense; and abused dependent during the period of active ments: system for monitoring phy- ‘‘(B) if the President grants the requested service of the former member.’’; and sician compliance.’’. waiver, the Secretary shall submit to the chair- (2) in paragraph (3)— (c) EFFECTIVE DATES.—(1) The amendment (A) by adding ‘‘and’’ at the end of subpara- man and ranking minority member of each con- made by subsection (a) shall take effect on Octo- graph (A); gressional defense committee a notification of ber 1, 1999. (B) by striking ‘‘; and’’ at the end of subpara- the waiver, together with the written determina- (2) The system required by section 1094a of graph (B) and inserting a period; and tion of the President under paragraph (1) and title 10, United States Code (as added by sub- (C) by striking subparagraph (C). the Secretary’s justification for the request or section (b)), shall take effect on the date that is requirement under subsection (a) for the member SEC. 733. PROVISION OF HEALTH CARE AT MILI- three years after the date of the enactment of TARY ENTRANCE PROCESSING STA- to receive the drug covered by the waiver. this Act. ‘‘(4) In this subsection: TIONS AND ELSEWHERE OUTSIDE ‘‘(A) The term ‘relevant FDA regulations’ MEDICAL TREATMENT FACILITIES. Subtitle E—Other Matters means the regulations promulgated under sec- (a) EXTENSION OF AUTHORIZATION FOR USE OF SEC. 741. ENHANCED DEPARTMENT OF DEFENSE tion 505(i) of the Federal Food, Drug, and Cos- PERSONAL SERVICES CONTRACTS.—Section ORGAN AND TISSUE DONOR PRO- metic Act (21 U.S.C. 355(i)). 1091(a)(2) of title 10, United States Code, is GRAM. ‘‘(B) The term ‘prior consent requirement’ amended in the second sentence by striking out (a) FINDINGS.—Congress makes the following means the requirement included in the relevant ‘‘the end of the one-year period beginning on findings: FDA regulations pursuant to section 505(i)(4) of the date of the enactment of this paragraph’’ (1) Organ and tissue transplantation is one of the Federal Food, Drug, and Cosmetic Act (21 and inserting in lieu thereof ‘‘December 31, the most remarkable medical success stories in U.S.C. 355(i)(4)). 2000’’. the history of medicine. ‘‘(C) The term ‘congressional defense commit- (b) TEST OF ALTERNATIVE PROCESS FOR CON- (2) Each year, the number of people waiting tee’ means each of the following: DUCTING MEDICAL SCREENINGS FOR ENLISTMENT for organ or tissue transplantation increases. It ‘‘(i) The Committee on Armed Services and the QUALIFICATION.—(1) The Secretary of Defense is estimated that there are approximately 39,000 Committee on Appropriations of the Senate. shall conduct a test to— patients, ranging in age from babies to those in ‘‘(ii) The Committee on National Security and (A) determine whether the use of an alter- retirement, awaiting transplants of kidneys, the Committee on Appropriations of the House native to the system currently used by the De- hearts, livers, and other solid organs. of Representatives.’’. partment of Defense of employing fee-basis phy- (3) The Department of Defense has made sig- (2) Subsection (f) of section 1107 of title 10, sicians for determining the medical qualifica- nificant progress in increasing the awareness of United States Code (as added by paragraph (1)), tions for enlistment of applicants for military the importance of organ and tissue donations shall apply to the administration of an inves- service would reduce the number of disqualify- among members of the Armed Forces. tigational new drug or a drug unapproved for ing medical conditions that are detected during (4) The inclusion of organ and tissue donor its applied use to a member of the Armed Forces the initial entry training of such applicants; elections in the Defense Enrollment Eligibility in connection with the member’s participation (B) determine whether any savings or cost Reporting System (DEERS) central database in a particular military operation on or after the avoidance may be achieved through use of an represents a major step in ensuring that organ date of the enactment of this Act. alternative system as a result of any increased and tissue donor elections are a matter of record (3) A waiver of the requirement for prior con- detection of disqualifying medical conditions be- and are accessible in a timely manner. sent imposed under the regulations required fore entry by applicants into initial entry train- (b) RESPONSIBILITIES REGARDING ORGAN AND under paragraph (4) of section 505(i) of the Fed- ing; and TISSUE DONATION.—(1) Chapter 55 of title 10, eral Food, Drug, and Cosmetic Act (or under (C) compare the capability of an alternative United States Code, is amended by adding after any antecedent provision of law or regulations) system to meet or exceed the cost, responsive- section 1108, as added by section 721(a)(1), the that has been granted under that section (or an- ness, and timeliness standards of the system following new section: tecedent provision of law or regulations) before currently used by the Department. ‘‘§ 1109. Organ and tissue donor program the date of the enactment of this Act for the ad- (2) The alternative system described in para- ‘‘(a) RESPONSIBILITIES OF THE SECRETARY OF ministration of a drug to a member of the Armed graph (1) may include the system used under the DEFENSE.—The Secretary of Defense shall en- Forces in connection with the member’s partici- TRICARE system, the health-care system of the sure that the advanced systems developed for re- pation in a particular military operation may be Department of Veterans Affairs, or any other cording armed forces members’ personal data applied in that case after that date only if— system, or combination of systems, considered and information (such as the SMARTCARD, (A) the Secretary of Defense personally deter- appropriate by the Secretary. MEDITAG, and Personal Information Carrier) mines that the waiver is justifiable on each (3) Not later than March 1, 2000, the Secretary include the capability to record organ and tissue ground on which the waiver was granted; shall submit to the Committee on National Secu- donation elections. (B) the President concurs in that determina- rity of the House of Representatives and the ‘‘(b) RESPONSIBILITIES OF THE SECRETARIES OF tion in writing; and Committee on Armed Services of the Senate a re- THE MILITARY DEPARTMENTS.—(1) The Secretar- (C) the Secretary submits to the chairman and port on the results and findings of the test con- ies of the military departments shall ensure ranking minority member of each congressional ducted under paragraph (1). that— committee referred to in section 1107(f)(4)(C) of SEC. 734. PROFESSIONAL QUALIFICATIONS OF ‘‘(1) appropriate information about organ and title 10, United States Code (as added by para- PHYSICIANS PROVIDING MILITARY tissue donation is provided— graph (1))— HEALTH CARE. ‘‘(A) to each officer candidate during initial (i) a notification of the waiver; (a) REQUIREMENT FOR UNRESTRICTED LI- training; and (ii) the President’s written concurrence; and CENSE.—Section 1094(a)(1) of title 10, United ‘‘(B) to each recruit— (iii) the Secretary’s justification for the re- States Code, is amended by adding at the end ‘‘(i) after completion by the recruit of basic quest or for the requirement under subsection the following: ‘‘In the case of a physician, the training; and H8142 CONGRESSIONAL RECORD — HOUSE September 22, 1998 ‘‘(ii) before arrival of the recruit at the first the catchment area of a military medical treat- mended for the cooperation between the two de- duty assignment of the recruit; ment facility. partments in the delivery of medical care, of ‘‘(2) members of the armed forces are given re- (4) The impact that implementation of an en- which the cooperation involved in the establish- curring, specific opportunities to elect to be rollment-based capitation methodology would ment and operation of the Department of De- organ or tissue donors during service in the have with respect to the pharmacy benefits pro- fense and the Department of Veterans Affairs armed forces and upon retirement; and vided at military medical treatment facilities, Executive Council is a praiseworthy example; ‘‘(3) members of the armed forces electing to be given that the enrollment-based capitation (2) the Department of Defense and the De- organ or tissue donors are encouraged to advise methodology would fund military medical treat- partment of Veterans Affairs are encouraged to their next of kin concerning the donation deci- ment facilities based on the number of members continue to explore new opportunities to en- sion and any subsequent change of that deci- at such facilities enrolled in TRICARE Prime, hance the availability and delivery of medical sion. but all covered beneficiaries may fill prescrip- care to beneficiaries by further enhancing the ‘‘(c) RESPONSIBILITIES OF THE SURGEONS GEN- tions at military medical treatment facility cooperative efforts of the departments; and ERAL OF THE MILITARY DEPARTMENTS.—The pharmacies. (3) enhanced cooperation between the Depart- Surgeons General of the military departments (5) An explanation of how additional funding ment of Defense and the Department of Veter- shall ensure that— will be provided for a military medical treatment ans Affairs is encouraged regarding— ‘‘(1) appropriate training is provided to en- facility if an enrollment-based capitation meth- (A) the general areas of access to quality med- listed and officer medical personnel to facilitate odology is implemented to ensure that space- ical care, identification and elimination of im- the effective operation of organ and tissue dona- available care and pharmacy coverage can be pediments to enhanced cooperation, and joint tion activities under garrison conditions and, to provided to covered beneficiaries who are not research and program development; and the extent possible, under operational condi- enrolled at the military medical treatment facil- (B) the specific areas in which there is signifi- tions; and ity, and the amount of funding that will be cant potential to achieve progress in cooperation ‘‘(2) medical logistical activities can, to the ex- available. in a short term, including computerization of tent possible without jeopardizing operational (6) An explanation of how implementation of patient records systems, participation of the De- requirements, support an effective organ and an enrollment-based capitation methodology partment of Veterans Affairs in the TRICARE tissue donation program.’’. would impact the provision of uniform benefits program, pharmaceutical programs, and joint (2) The table of sections at the beginning of under TRICARE Prime, and how the Secretary physical examinations. (c) JOINT SURVEY OF POPULATIONS SERVED.— such chapter is amended by adding after the would ensure, if such methodology were imple- (1) The Secretary of Defense and the Secretary item relating to section 1108, as added by section mented, that the provision of health care under of Veterans Affairs shall jointly conduct a sur- 721(a)(2), the following new item: TRICARE Prime would not be bifurcated be- vey of their respective medical care beneficiary ‘‘1109. Organ and tissue donor program.’’. tween the provision of such care at military populations to identify, by category of bene- (c) REPORT.—Not later than September 1, 1999, medical treatment facilities and the provision of ficiary (defined as the Secretaries consider ap- the Secretary of Defense shall submit to the such care from civilian providers. propriate), the expectations of, requirements for, Committee on Armed Services of the Senate and (b) DEADLINE FOR SUBMISSION.—The Secretary and behavior patterns of the beneficiaries with the Committee on National Security of the shall submit the report required by subsection respect to medical care. The two Secretaries House of Representatives a report on the imple- (a) not later than March 1, 1999. shall develop the protocol for the survey jointly, mentation of section 1109 of title 10, United SEC. 745. JOINT DEPARTMENT OF DEFENSE AND States Code (as added by subsection (b). DEPARTMENT OF VETERANS AF- but shall obtain the services of an entity inde- SEC. 742. AUTHORIZATION TO ESTABLISH A FAIRS REPORTS RELATING TO pendent of the Department of Defense and the LEVEL 1 TRAUMA TRAINING CENTER. INTERDEPARTMENTAL COOPERA- Department of Veterans Affairs to carry out the The Secretary of the Army is hereby author- TION IN THE DELIVERY OF MEDICAL survey. ized to establish a Level 1 Trauma Training CARE. (2) The survey shall include the following: Center (as designated by the American College (a) FINDINGS.—Congress makes the following (A) Demographic characteristics, economic of Surgeons) in order to provide the Army with findings: characteristics, and geographic location of bene- a trauma center capable of training forward (1) The military health care system of the De- ficiary populations with regard to catchment or surgical teams. partment of Defense and the Veterans Health service areas. (B) The types and frequency of care required SEC. 743. AUTHORITY TO ESTABLISH CENTER FOR Administration of the Department of Veterans STUDY OF POST-DEPLOYMENT Affairs are national institutions that collectively by veterans, retirees, and dependents within HEALTH CONCERNS OF MEMBERS OF manage more than 1,500 hospitals, clinics, and catchment or service areas of Department of De- THE ARMED FORCES. health care facilities worldwide to provide serv- fense and Department of Veterans Affairs medi- The Secretary of Defense is hereby authorized ices to more than 11,000,000 beneficiaries. cal facilities and outside those areas. to establish a center devoted to a longitudinal (2) In the post-Cold War era, these institu- (C) The numbers of, characteristics of, and study to evaluate data on the health conditions tions are in a profound transition that involves types of medical care needed by the veterans, re- of members of the Armed Forces upon their re- challenging opportunities. tirees, and dependents who, though eligible for turn from deployment on military operations for (3) During the period from 1988 to 1998, the medical care in Department of Defense or De- purposes of ensuring the rapid identification of number of military medical personnel has de- partment of Veterans Affairs treatment facilities any trends in diseases, illnesses, or injuries clined by 15 percent and the number of military or through other federally funded medical pro- among such members as a result of such oper- hospitals has been reduced by one-third. grams, choose not to seek medical care from ations. (4) During the two years since 1996, the De- those facilities or under those programs, and the SEC. 744. REPORT ON IMPLEMENTATION OF EN- partment of Veterans Affairs has revitalized its reasons for that choice. ROLLMENT-BASED CAPITATION FOR structure by decentralizing authority into 22 (D) The obstacles or disincentives for seeking FUNDING FOR MILITARY MEDICAL Veterans Integrated Service Networks. medical care from such facilities or under such TREATMENT FACILITIES. (5) In the face of increasing costs of medical programs that are perceived by veterans, retir- (a) REPORT REQUIRED.—The Secretary of De- care, increased demands for health care services, ees, and dependents. fense shall submit to Congress a report on the and increasing budgetary constraints, the De- (E) Any other matters that the Secretary of potential impact of using an enrollment-based partment of Defense and the Department of Vet- Defense and the Secretary of Veterans Affairs capitation methodology to allocate funds for erans Affairs have embarked on a variety of dy- consider appropriate for the survey. military medical treatment facilities. The report namic and innovative cooperative programs (3) The Secretary of Defense or the Secretary shall address the following: ranging from shared services to joint venture op- of Veterans Affairs may waive the survey re- (1) A description of the plans of the Secretary erations of medical facilities. quirements under this subsection with respect to to implement an enrollment-based capitation (6) In 1984, there was a combined total of 102 information that can be better obtained from a methodology for military medical treatment fa- Department of Veterans Affairs and Department source other than the survey. cilities and with respect to contracts for the de- of Defense facilities with sharing agreements. (4) The Secretary of Defense and the Sec- livery of health care under the TRICARE pro- By 1997, that number had grown to 420. During retary of Veterans Affairs shall submit a report gram. the six years from fiscal year 1992 through fiscal on the results of the survey to the appropriate (2) The justifications for implementing an en- year 1997, shared services increased from slight- committees of Congress. The report shall contain rollment-based capitation methodology without ly over 3,000 services to more than 6,000 services, the matters described in paragraph (2) and any first conducting a demonstration project for im- ranging from major medical and surgical serv- proposals for legislation that the Secretaries rec- plementation of such methodology. ices, laundry, blood, and laboratory services to ommend for enhancing Department of Defense (3) The impact that implementation of an en- unusual speciality care services. and Department of Veterans Affairs cooperative rollment based capitation methodology would (7) The Department of Defense and the De- efforts with respect to the delivery of medical have on the provision of space-available care at partment of Veterans Affairs are conducting care. military medical treatment facilities, particu- four health care joint ventures in New Mexico, (d) REVIEW OF LAW AND POLICIES.—(1) The larly in the case of care for— Nevada, Texas, and Oklahoma, and are plan- Secretary of Defense and the Secretary of Veter- (A) military retirees entitled who are entitled ning to conduct four more such ventures in ans Affairs shall jointly conduct a review to to hospital insurance benefits under part A of Alaska, Florida, Hawaii, and California. identify impediments to cooperation between the title XVIII of the Social Security Act (42 U.S.C. (b) SENSE OF CONGRESS.—It is the sense of Department of Defense and the Department of 1395c et seq.); and Congress that— Veterans Affairs regarding the delivery of medi- (B) covered beneficiaries under chapter 55 of (1) the Department of Defense and the De- cal care. The matters reviewed shall include the title 10, United States Code, who reside outside partment of Veterans Affairs should be com- following: September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8143 (A) All laws, policies, and regulations, and fense and the Secretary of Veterans Affairs Sec. 806. Procurement of conventional ammuni- any attitudes of beneficiaries of the health care shall jointly submit to the appropriate commit- tion. systems of the two departments, that have the tees of Congress a report on the status of the ef- Sec. 807. Para-aramid fibers and yarns. effect of preventing the establishment, or limit- forts of the Department of Defense and the De- Sec. 808. Clarification of responsibility for sub- ing the effectiveness, of cooperative health care partment of Veterans Affairs to standardize mission of information on prices programs of the departments. physical examinations administered by the two previously charged for property or (B) The requirements and practices involved departments for the purpose of determining or services offered. in the credentialling and licensure of health rating disabilities. Sec. 809. Amendments and study relating to care providers. (h) APPROPRIATE COMMITTEES OF CONGRESS procurement from firms in indus- (C) The perceptions of beneficiaries in a vari- DEFINED.—For the purposes of this section, the trial base for production of small ety of categories (defined as the Secretaries con- appropriate committees of Congress are as fol- arms. sider appropriate) regarding the various Federal lows: health care systems available for their use. (1) The Committee on Armed Services and the Subtitle B—Other Matters (D) The types and frequency of medical serv- Committee on Veterans’ Affairs of the Senate. Sec. 811. Eligibility of involuntarily down- ices furnished by the Department of Defense (2) The Committee on National Security and graded employee for membership and the Department of Veterans Affairs through the Committee on Veterans’ Affairs of the House in an acquisition corps. cooperative arrangements to each category of of Representatives. Sec. 812. Time for submission of annual report (i) DEADLINES FOR SUBMISSION OF REPORTS.— beneficiary (including active-duty members, re- relating to Buy American Act. tirees, dependents, veterans in the health-care (1) The report required by subsection (c)(3) shall Sec. 813. Procurement of travel services for offi- eligibility categories referred to as Category A be submitted not later than January 1, 2000. cial and unofficial travel under and Category C, and persons authorized to re- (2) The report required by subsection (d)(2) one contract. ceive medical care under section 1713 of title 38, shall be submitted not later than March 1, 1999. United States Code) of the other department. (3) The semiannual report required by sub- Sec. 814. Department of Defense purchases (E) The extent to which health care facilities section (e)(2) shall be submitted not later than through other agencies. of the Department of Defense and Department March 1 and September 1 of each year. Sec. 815. Supervision of defense acquisition uni- of Veterans Affairs have sufficient capacity, or (4) The report on the examination required versity structure by Under Sec- could jointly or individually create sufficient under subsection (f) shall be submitted not later retary of Defense for Acquisition capacity, to provide services to beneficiaries of than 60 days after the completion of the exam- and Technology. the other department without diminution of ac- ination. Sec. 816. Pilot programs for testing program cess or services to their primary beneficiaries. (5) The report required by subsection (g) shall manager performance of product (F) The extent to which the recruitment of be submitted not later than March 1, 1999. support oversight responsibilities scarce medical specialists and allied health per- SEC. 746. REPORT ON RESEARCH AND SURVEIL- for life cycle of acquisition pro- sonnel by the Department of Defense and the LANCE ACTIVITIES REGARDING grams. Department of Veterans Affairs could be en- LYME DISEASE AND OTHER TICK- Sec. 817. Scope of protection of certain informa- BORNE DISEASES. hanced through cooperative arrangements for tion from disclosure. Not later than April 1, 1999, the Secretary of providing health care services. Defense shall submit to the Committee on Na- Sec. 818. Plan for rapid transition from comple- (G) The obstacles and disincentives to provid- tional Security of the House of Representatives tion of small business innovation ing health care services through cooperative ar- and the Committee on Armed Services of the research into defense acquisition rangements between the Department of Defense Senate a report on the current and rec- programs. and the Department of Veterans Affairs. ommended levels of research and surveillance Sec. 819. Five-year authority for Secretary of (2) The Secretaries shall jointly submit a re- the Navy to exchange certain port on the results of the review to the appro- activities regarding Lyme disease and other tick- borne diseases among members of the Armed items. priate committees of Congress. The report shall Sec. 820. Permanent authority for use of major include any proposals for legislation that the Forces. The report shall include the following: (1) An analysis of the current and projected range and test facility installa- Secretaries recommend for eliminating or reduc- threat to the operational readiness of the Armed tions by commercial entities. ing impediments to interdepartmental coopera- Forces posed by Lyme disease and other tick- Sec. 821. Inventory exchange authorized for tion that are identified during the review. borne diseases in the United States and in over- certain fuel delivery contract. (e) PARTICIPATION IN TRICARE.—(1) The Sec- retary of Defense shall review the TRICARE seas locations at which members of the Armed Subtitle A—Amendments to General Contract- program to identify opportunities for increased Forces might be deployed. ing Authorities, Procedures, and Limita- (2) A review of the current research efforts participation by the Department of Veterans Af- tions being implemented to prevent the contraction of fairs in that program. The ongoing collabora- Lyme disease and other tick-borne diseases by SEC. 801. LIMITATION ON USE OF PRICE PREF- tion between Department of Defense officials members of the Armed Forces, and to enhance ERENCE UPON ACHIEVEMENT OF and Department of Veterans Affairs officials re- the early identification of such diseases once CONTRACT GOAL FOR SMALL AND garding increased participation shall be in- DISADVANTAGED BUSINESSES. they have been contracted. cluded among the matters reviewed. (3) An assessment of the adequacy of existing Section 2323(e)(3) of title 10, United States (2) The Secretary of Defense and the Sec- and projected funding levels for research and Code, is amended— retary of Veterans Affairs shall jointly submit to surveillance activities relating to Lyme disease (1) by inserting ‘‘(A)’’ after ‘‘(3)’’; the appropriate committees of Congress a semi- and other tick-borne diseases among members of (2) by inserting ‘‘, except as provided in sub- annual report on the status of the review under the Armed Forces. paragraph (B),’’ after ‘‘the head of an agency this subsection and on efforts to increase the (4) The recommended funding levels necessary may’’ in the first sentence; and participation of the Department of Veterans Af- to address the threats posed to the operational (3) by adding at the end the following: fairs in the TRICARE program. No report is re- readiness of the Armed Forces by Lyme disease ‘‘(B)(i) The Secretary of Defense may not ex- quired under this paragraph after the submis- and other tick-borne diseases. ercise the authority under subparagraph (A) to sion of a semiannual report in which the Sec- enter into a contract for a price exceeding fair retaries declare that the Department of Veterans TITLE VIII—ACQUISITION POLICY, ACQUI- market cost if the regulations implementing that Affairs is participating in the TRICARE pro- SITION MANAGEMENT, AND RELATED authority are suspended under clause (ii) with gram to the extent that can reasonably be ex- MATTERS respect to that contract. pected to be attained. Subtitle A—Amendments to General Contract- (f) PHARMACEUTICAL BENEFITS AND PRO- ing Authorities, Procedures, and Limita- ‘‘(ii) At the beginning of each fiscal year, the GRAMS.—(1) The Department of Defense-Depart- tions Secretary shall determine, on the basis of the ment of Veterans Affairs Federal Pharmacy Ex- Sec. 801. Limitation on use of price preference most recent data, whether the Department of ecutive Steering Committee shall— upon achievement of contract Defense achieved the 5 percent goal described in (A) undertake a comprehensive examination goal for small and disadvantaged subsection (a) during the fiscal year to which of existing pharmaceutical benefits and pro- businesses. the data relates. Upon determining that the De- grams for beneficiaries of Department of Defense Sec. 802. Distribution of assistance under the partment achieved the goal for the fiscal year to medical care programs, including matters relat- Procurement Technical Assistance which the data relates, the Secretary shall issue ing to the purchasing, distribution, and dispens- Cooperative Agreement Program. a suspension, in writing, of the regulations that ing of pharmaceuticals and the management of Sec. 803. Defense commercial pricing manage- implement the authority under subparagraph mail order pharmaceuticals programs; and ment improvement. (A). Such a suspension shall be in effect for the (B) review the existing methods for contract- Sec. 804. Modification of senior executives cov- one-year period beginning 30 days after the date ing for and distributing medical supplies and ered by limitation on allowability on which the suspension is issued and shall services. of compensation for certain con- apply with respect to contracts awarded pursu- (2) The committee shall submit a report on the tractor personnel. ant to solicitations issued during that period. results of the examination to the appropriate Sec. 805. Separate determinations of exceptional ‘‘(iii) For purposes of clause (ii), the term committees of Congress. waivers of truth in negotiation re- ‘most recent data’ means data relating to the (g) STANDARDIZATION OF PHYSICAL EXAMINA- quirements for prime contracts most recent fiscal year for which data are avail- TIONS FOR DISABILITY.—The Secretary of De- and subcontracts. able.’’. H8144 CONGRESSIONAL RECORD — HOUSE September 22, 1998 SEC. 802. DISTRIBUTION OF ASSISTANCE UNDER agency or the Secretary of the procuring mili- tract or subcontract does not waive the require- THE PROCUREMENT TECHNICAL AS- tary department on the basis of criteria pre- ment under paragraph (1)(C) for submission of SISTANCE COOPERATIVE AGREE- scribed by the Secretary of Defense. cost or pricing data in the case of subcontracts MENT PROGRAM. (3) The head of a Department of Defense under that contract or subcontract unless the (a) CORRECTION OF DESCRIPTION OF GEO- agency or the Secretary of a military depart- head of the procuring activity granting the GRAPHIC UNIT.—(1) Section 2413(c) of title 10, ment shall take appropriate action to address waiver determines that the requirement under United States Code, is amended by striking out any unreasonable escalation in prices being that paragraph should be waived in the case of ‘‘region’’ and inserting in lieu thereof ‘‘dis- paid for items procured by that agency or mili- such subcontracts and justifies in writing the trict’’. tary department as identified in an analysis reasons for the determination.’’. (2) Section 2415 of such title is amended— conducted pursuant to paragraph (1). (b) CIVILIAN AGENCY ACQUISITIONS.—Section (A) by striking out ‘‘region’’ and inserting in (4) Not later than April 1 of each of fiscal 304A(a)(5) of the Federal Property and Adminis- lieu thereof ‘‘district’’ each place it appears; years 2000, 2001, and 2002, the Secretary of De- trative Services Act of 1949 (41 U.S.C. 254b(a)(5)) and fense shall submit to the Committee on Armed is amended to read as follows: (B) by striking out ‘‘regions’’ and inserting in Services of the Senate and the Committee on Na- ‘‘(5) A waiver of requirements for submission lieu thereof ‘‘districts’’. tional Security of the House of Representatives of certified cost or pricing data that is granted (b) TECHNICAL AMENDMENT.—Section 2415 of a report on the analyses of price trends that under subsection (b)(1)(C) in the case of a con- such title is amended by striking out ‘‘Defense were conducted for categories of exempt commer- tract or subcontract does not waive the require- Contract Administrative Services’’ and inserting cial items during the preceding fiscal year under ment under paragraph (1)(C) for submission of in lieu thereof ‘‘Department of Defense contract the procedures prescribed pursuant to para- cost or pricing data in the case of subcontracts administrative services’’. graph (1). The report shall include a description under that contract or subcontract unless the SEC. 803. DEFENSE COMMERCIAL PRICING MAN- of the actions taken to identify and address any head of the procuring activity granting the AGEMENT IMPROVEMENT. unreasonable price escalation for the categories waiver determines that the requirement under (a) MODIFICATION OF PRICING REGULATIONS of items. that paragraph should be waived in the case of such subcontracts and justifies in writing the FOR CERTAIN COMMERCIAL ITEMS EXEMPT FROM (d) EXEMPT COMMERCIAL ITEMS DEFINED.— COST OR PRICING DATA CERTIFICATION REQUIRE- For the purposes of this section, the term ‘‘ex- reasons for the determination.’’. MENTS.—(1) The Federal Acquisition Regulation empt commercial item’’ means a commercial item SEC. 806. PROCUREMENT OF CONVENTIONAL AM- issued in accordance with sections 6 and 25 of that is exempt under subsection (b)(1)(B) of sec- MUNITION. (a) AUTHORITY.—The official in the Depart- the Office of Federal Procurement Policy Act (41 tion 2306a of title 10, United States Code, or sub- ment of Defense designated as the single man- U.S.C. 405, 421) shall be revised to clarify the section (b)(1)(B) of section 304A of the Federal ager for conventional ammunition in the De- procedures and methods to be used for determin- Property and Administrative Services Act of 1949 partment shall have the authority to restrict the ing the reasonableness of prices of exempt com- (41 U.S.C. 254b), from the requirements for sub- procurement of conventional ammunition to mercial items (as defined in subsection (d)). mission of certified cost or pricing data under sources within the national technology and in- (2) The regulations shall, at a minimum, pro- that section. vide specific guidance on— dustrial base in accordance with the authority (A) the appropriate application and prece- SEC. 804. MODIFICATION OF SENIOR EXECUTIVES in section 2304(c) of title 10, United States Code. COVERED BY LIMITATION ON AL- dence of such price analysis tools as catalog- (b) REQUIREMENT.—The official in the Depart- LOWABILITY OF COMPENSATION FOR ment of Defense designated as the single man- based pricing, market-based pricing, historical CERTAIN CONTRACTOR PERSONNEL. ager for conventional ammunition in the De- pricing, parametric pricing, and value analysis; (a) ARMED SERVICES ACQUISITIONS.—Section partment of Defense shall limit a specific pro- (B) the circumstances under which contract- 2324(l)(5) of title 10, United States Code, is curement of ammunition to sources within the ing officers should require offerors of exempt amended to read as follows: national technology and industrial base in ac- commercial items to provide— ‘‘(5) The term ‘senior executives’, with respect cordance with section 2304(c)(3) of title 10, (i) information on prices at which the offeror to a contractor, means the five most highly com- has previously sold the same or similar items; or United States Code, in any case in which that pensated employees in management positions at manager determines that such limitation is nec- (ii) other information other than certified cost each home office and each segment of the con- or pricing data; essary to maintain a facility, producer, manu- tractor.’’. facturer, or other supplier available for furnish- (C) the role and responsibility of Department (b) CIVILIAN AGENCY ACQUISITIONS.—Section of Defense support organizations in procedures ing an essential item of ammunition or ammuni- 306(m)(2) of the Federal Property and Adminis- tion component in cases of national emergency for determining price reasonableness; and trative Services Act of 1949 (41 U.S.C. 256(m)(2)) (D) the meaning and appropriate application or to achieve industrial mobilization. is amended to read as follows: (c) CONVENTIONAL AMMUNITION DEFINED.— of the term ‘‘purposes other than governmental ‘‘(2) The term ‘senior executives’, with respect purposes’’ in section 4(12) of the Office of Fed- For purposes of this section, the term ‘‘conven- to a contractor, means the five most highly com- tional ammunition’’ has the meaning given that eral Procurement Policy Act (41 U.S.C. 403(12)). pensated employees in management positions at (3) This subsection shall cease to be effective term in Department of Defense Directive 5160.65, each home office and each segment of the con- dated March 8, 1995. one year after the date on which final regula- tractor.’’. SEC. 807. PARA-ARAMID FIBERS AND YARNS. tions prescribed pursuant to paragraph (1) take (c) CONFORMING AMENDMENTS.—(1) Section effect. (a) AUTHORITY.—The Secretary of Defense 39(c)(2) of the Office of Federal Procurement may procure articles containing para-aramid fi- (b) UNIFIED MANAGEMENT OF PROCUREMENT Policy Act (41 U.S.C. 435(c)(2)) is amended to bers and yarns manufactured in a foreign coun- OF EXEMPT COMMERCIAL ITEMS.—The Secretary read as follows: try referred to in subsection (d) if the Secretary of Defense shall develop and implement proce- ‘‘(2) The term ‘senior executives’, with respect dures to ensure that, whenever appropriate, a determines that— to a contractor, means the five most highly com- (1) procuring articles that contain only para- single item manager or contracting officer is re- pensated employees in management positions at aramid fibers and yarns manufactured from sponsible for negotiating and entering into all each home office and each segment of the con- suppliers within the national technology and contracts from a single contractor for the pro- tractor.’’. industrial base would result in sole-source con- curement of exempt commercial items or for the (2) Section 808(g)(2) of the National Defense tracts or subcontracts for the supply of such procurement of items in a category of exempt Authorization Act for Fiscal Year 1998 (Public para-aramid fibers and yarns; and commercial items. Law 105–85; 111 Stat. 1838) is amended by strik- (2) such sole-source contracts or subcontracts (c) COMMERCIAL PRICE TREND ANALYSIS.—(1) ing out ‘‘senior executive’’ and inserting in lieu would not be in the best interests of the Govern- The Secretary of Defense shall develop and im- thereof ‘‘senior executives’’. ment or consistent with the objectives of section plement procedures that, to the maximum extent (d) EFFECTIVE DATE.—The amendments made 2304 of title 10, United States Code. that is practicable and consistent with the effi- by this section shall apply with respect to costs (b) SUBMISSION TO CONGRESS.—Not later than cient operation of the Department of Defense, of compensation of senior executives incurred 30 days after making a determination under provide for the collection and analysis of infor- after January 1, 1999, under covered contracts subsection (a), the Secretary shall submit to mation on price trends for categories of exempt (as defined in section 2324(l) of title 10, United Congress a copy of the determination. commercial items described in paragraph (2). States Code, and section 306(l) of the Federal (c) APPLICABILITY TO SUBCONTRACTS.—The (2) A category of exempt commercial items re- Property and Administrative Services Act of 1949 authority under subsection (a) applies with re- ferred to in paragraph (1) consists of exempt (41 U.S.C.256(l)) entered into before, on, or after spect to subcontracts under Department of De- commercial items— the date of the enactment of this Act. fense contracts as well as to such contracts. (A) that are in a single Federal Supply Group SEC. 805. SEPARATE DETERMINATIONS OF EXCEP- (d) FOREIGN COUNTRIES COVERED.—The au- or Federal Supply Class, are provided by a sin- TIONAL WAIVERS OF TRUTH IN NE- thority under subsection (a) applies with respect gle contractor, or are otherwise logically GOTIATION REQUIREMENTS FOR to a foreign country that— grouped for the purpose of analyzing informa- PRIME CONTRACTS AND SUB- (1) is a party to a defense memorandum of un- tion on price trends; and CONTRACTS. derstanding entered into under section 2531 of (B) for which there is a potential for the price (a) ARMED SERVICES ACQUISITIONS.—Section this title; and paid to be significantly higher (on a percentage 2306a(a)(5) of title 10, United States Code, is (2) permits United States firms that manufac- basis) than the prices previously paid in pro- amended to read as follows: ture para-aramid fibers and yarns to compete curements of the same or similar items for the ‘‘(5) A waiver of requirements for submission with foreign firms for the sale of para-aramid fi- Department of Defense, as determined by the of certified cost or pricing data that is granted bers and yarns in that country, as determined head of the procuring Department of Defense under subsection (b)(1)(C) in the case of a con- by the Secretary of Defense. September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8145

(e) DEFINITION.—In this section, the term ‘‘na- ‘‘(1) M16 series rifle. ‘‘(2) The evaluation factors applicable to of- tional technology and industrial base’’ has the ‘‘(2) MK19 grenade machine gun. fers for a contract under this section may in- meaning given that term in section 2500 of title ‘‘(3) M4 series carbine. clude a factor that relates to the estimated ag- 10, United States Code. ‘‘(4) M240 series machine gun. gregate value of any credits, discounts, commis- ‘‘(5) M249 squad automatic weapon.’’. SEC. 808. CLARIFICATION OF RESPONSIBILITY sions, or other fees that would accrue to the De- (d) SUBMISSION OF CERTIFIED COST OR PRIC- FOR SUBMISSION OF INFORMATION partment of Defense for the travel-related sales ON PRICES PREVIOUSLY CHARGED ING DATA.—Such section is further amended by made under the contract. adding at the end the following new subsection: FOR PROPERTY OR SERVICES OF- ‘‘(3) Commissions or fees received by the De- ‘‘(e) SUBMISSION OF CERTIFIED COST OR PRIC- FERED. partment of Defense as a result of travel-related ING DATA.—If a procurement under subsection (a) ARMED SERVICES PROCUREMENTS.—Section sales made under a contract entered into under (a) is a procurement of a commercial item, the 2306a(d)(1) of title 10, United States Code, is this section shall be distributed as follows: Secretary may, notwithstanding section amended by striking out ‘‘the data submitted ‘‘(A) For amounts relating to sales for official 2306a(b)(1)(B) of this title, require the submis- shall’’ in the second sentence and inserting in travel, credit to appropriations available for of- sion of certified cost or pricing data under sec- lieu thereof the following: ‘‘the contracting offi- ficial travel for the fiscal year in which the tion 2306a(a) of this title.’’. cer shall require that the data submitted’’. amounts were charged. (b) CIVILIAN AGENCY PROCUREMENTS.—Section (e) STUDY.—Not later than 60 days after the date of the enactment of this Act, the Secretary ‘‘(B) For amounts relating to sales for unoffi- 304A(d)(1) of the Federal Property and Adminis- cial travel, deposit in nonappropriated fund ac- trative Services Act of 1949 (41 U.S.C. of the Army shall conduct a study, to be carried out by the Army Science Board, to examine counts available for morale, welfare, and recre- 254b(d)(1)), is amended by striking out ‘‘the data ation programs. submitted shall’’ in the second sentence and in- whether the requirements of section 2473 of title ‘‘(c) DEFINITIONS.—In this section: serting in lieu thereof the following: ‘‘the con- 10, United States Code, should be extended to ‘‘(1) The term ‘head of an agency’ has the tracting officer shall require that the data sub- small arms (as specified in subsection (d) of such meaning given that term in section 2302(1) of mitted’’. section) and the parts manufactured under a this title. (c) ELIGIBILITY FOR CONTRACTS AND SUB- contract with the Department of Defense to ‘‘(2) The term ‘official travel’ means travel at CONTRACTS TO BE CONDITIONED ON COMPLI- produce such small arms. the expense of the Federal Government. ANCE.—Not later than 180 days after the date of (f) AUTHORITY TO EXTEND REQUIREMENTS OF ‘‘(3) The term ‘unofficial travel’ means per- the enactment of this Act, the Federal Acquisi- SECTION 2473.—Based upon recommendations of sonal travel or other travel that is not paid for tion Regulation shall be amended to provide the Army Science Board resulting from the or reimbursed by the Federal Government out of that an offeror’s compliance with a requirement study conducted under subsection (e), the Sec- appropriated funds. to submit data for a contract or subcontract in retary of the Army may apply the requirements ‘‘(d) INAPPLICABILITY TO COAST GUARD AND accordance with section 2306a(d)(1) of title 10, of section 2473 of title 10, United States Code, to NASA.—This section does not apply to the Coast United States Code, or section 304A(d)(1) of the the small arms and parts referred to in sub- Guard when it is not operating as a service in Federal Property and Administrative Services section (e). the Navy, nor to the National Aeronautics and Act of 1949 shall be a condition for the offeror Subtitle B—Other Matters Space Administration.’’. to be eligible to enter into the contract or sub- SEC. 811. ELIGIBILITY OF INVOLUNTARILY DOWN- (b) CLERICAL AMENDMENT.—The table of sec- contract, subject to such exceptions as the Fed- GRADED EMPLOYEE FOR MEMBER- eral Acquisition Regulatory Council determines SHIP IN AN ACQUISITION CORPS. tions at the beginning of such chapter is amend- appropriate. Section 1732(c) of title 10, United States Code, ed by adding at the end the following new item: ‘‘2646. Travel services: procurement for official (d) CRITERIA FOR CERTAIN DETERMINATIONS.— is amended by adding at the end the following Not later than 180 days after the date of the en- new paragraph: and unofficial travel under one actment of this Act, the Federal Acquisition ‘‘(3) Paragraph (1) of subsection (b) shall not contract.’’. Regulation shall be amended to include criteria apply to an employee who— SEC. 814. DEPARTMENT OF DEFENSE PURCHASES for contracting officers to apply for determining ‘‘(A) having previously served in a position THROUGH OTHER AGENCIES. the specific price information that an offeror within a grade referred to in subparagraph (A) (a) EXTENSION OF REGULATIONS.—Not later should be required to submit under section of that paragraph, is currently serving in the than 90 days after the date of the enactment of 2306a(d) of title 10, United States Code, or sec- same position within a grade below GS–13 of the this Act, the Secretary of Defense shall revise tion 304A(d) of the Federal Property and Ad- General Schedule, or in another position within the regulations issued pursuant to section 844 of ministrative Services Act of 1949 (41 U.S.C. that grade, by reason of a reduction in force or the National Defense Authorization Act for Fis- 254b(d)). the closure or realignment of a military installa- cal Year 1994 (Public Law 103–160; 107 Stat. tion, or for any other reason other than by rea- SEC. 809. AMENDMENTS AND STUDY RELATING 1720; 31 U.S.C. 1535 note) to— TO PROCUREMENT FROM FIRMS IN son of an adverse personnel action for cause; (1) cover any purchase described in subsection INDUSTRIAL BASE FOR PRODUCTION and (b) that is greater than the micro-purchase OF SMALL ARMS. ‘‘(B) except as provided in paragraphs (1) and threshold; and (a) REQUIREMENT TO LIMIT PROCUREMENTS TO (2), satisfies the educational, experience, and (2) provide for a streamlined method of com- CERTAIN SOURCES.—Subsection (a) of section other requirements prescribed under paragraphs pliance for any such purchase that is not great- 2473 of title 10, United States Code, is amend- (2), (3), and (4) of that subsection.’’. er than the simplified acquisition threshold. ed— SEC. 812. TIME FOR SUBMISSION OF ANNUAL RE- (b) DESCRIPTION OF PURCHASES.—A purchase (1) in the heading, by striking out the first PORT RELATING TO BUY AMERICAN referred to in subsection (a) is a purchase of word and inserting in lieu thereof ‘‘REQUIRE- ACT. goods or services for one agency of the Depart- MENT’’; Section 827 of the National Defense Author- ment of Defense by any other agency under a (2) by striking out ‘‘To the extent that the ization Act for Fiscal Year 1997 (Public Law task or delivery order contract entered into by Secretary of Defense determines necessary to 104–201; 110 Stat. 2611; 41 U.S.C. 10b–3) is the other agency under section 2304a of title 10, preserve the small arms production industrial amended by striking out ‘‘90 days’’ and insert- United States Code, or section 303H of the Fed- base, the Secretary may’’ and inserting in lieu ing in lieu thereof ‘‘60 days’’. eral Property and Administrative Services Act of thereof ‘‘In order to preserve the small arms pro- SEC. 813. PROCUREMENT OF TRAVEL SERVICES 1949 (41 U.S.C. 253h). duction industrial base, the Secretary of De- FOR OFFICIAL AND UNOFFICIAL (c) DEFINITIONS.—In this section: TRAVEL UNDER ONE CONTRACT. fense shall’’; and (1) The term ‘‘micro-purchase threshold’’ has (a) AUTHORITY.—Chapter 157 of title 10, (3) by inserting before the period at the end the meaning provided in section 32 of the Office United States Code, is amended by adding at the the following: ‘‘, unless the Secretary deter- of Federal Procurement Policy Act (41 U.S.C. end the following new section: mines, with regard to a particular procurement, 428). that such requirement is not necessary to pre- ‘‘§ 2646. Travel services: procurement for offi- (2) The term ‘‘simplified acquisition thresh- serve the small arms production industrial cial and unofficial travel under one con- old’’ has the meaning provided in section 4 of base’’. tract such Act (41 U.S.C. 403). (b) SPECIFICATION OF INCLUDED REPAIR ‘‘(a) AUTHORITY.—The head of an agency may (d) TERMINATION.—This section shall cease to PARTS.—Subsection (b) of such section is enter into a contract for travel-related services be effective one year after the date on which amended in paragraph (1) by inserting before that provides for the contractor to furnish serv- final regulations prescribed pursuant to sub- the period the following: ‘‘, including repair ices for both official travel and unofficial travel. section (a) take effect. ‘‘(b) CREDITS, DISCOUNTS, COMMISSIONS, parts consisting of barrels, receivers, and bolts’’. SEC. 815. SUPERVISION OF DEFENSE ACQUISI- (c) APPLICABILITY OF REQUIREMENT.—Such FEES.—(1) A contract entered into under this TION UNIVERSITY STRUCTURE BY section is further amended— section may provide for credits, discounts, or UNDER SECRETARY OF DEFENSE (1) in subsection (b), by striking out ‘‘Sub- commissions or other fees to accrue to the De- FOR ACQUISITION AND TECH- section’’ and inserting in lieu thereof ‘‘Subject partment of Defense. The accrual and amounts NOLOGY. to subsection (d), subsection’’; and of credits, discounts, or commissions or other Section 1702 of title 10, United States Code, is (2) by adding at the end the following new fees may be determined on the basis of the vol- amended by adding at the end the following: subsection: ume (measured in the number or total amount of ‘‘The Under Secretary shall prescribe policies ‘‘(d) APPLICABILITY.—This section applies transactions or otherwise) of the travel-related and requirements for the educational programs only to procurements of covered property and sales that are made by the contractor under the of the defense acquisition university structure services involving the following small arms: contract. established under section 1746 of this title.’’. H8146 CONGRESSIONAL RECORD — HOUSE September 22, 1998 SEC. 816. PILOT PROGRAMS FOR TESTING PRO- SEC. 819. FIVE-YEAR AUTHORITY FOR SECRETARY TITLE IX—DEPARTMENT OF DEFENSE GRAM MANAGER PERFORMANCE OF OF THE NAVY TO EXCHANGE CER- ORGANIZATION AND MANAGEMENT PRODUCT SUPPORT OVERSIGHT RE- TAIN ITEMS. Subtitle A—Department of Defense Officers SPONSIBILITIES FOR LIFE CYCLE OF (a) BARTER AUTHORITY.—The Secretary of the and Organization ACQUISITION PROGRAMS. Navy may enter into a barter agreement to con- (a) DESIGNATION OF PILOT PROGRAMS.—The vey trucks and other tactical vehicles in ex- Sec. 901. Reduction in number of Assistant Sec- Secretary of Defense, acting through the Sec- change for the repair and remanufacture of rib- retary of Defense positions. retaries of the military departments, shall des- bon bridges for the Marine Corps. The Secretary Sec. 902. Repeal of statutory requirement for ignate 10 acquisition programs of the military shall enter into any such agreement in accord- position of Assistant Secretary of departments as pilot programs on program man- ance with section 201(c) of the Federal Property Defense for Command, Control, ager responsibility for product support. and Administrative Services Act of 1949 (40 Communications, and Intel- (b) RESPONSIBILITIES OF PROGRAM MAN- U.S.C. 481(c)), and the regulations issued under ligence. AGERS.—The program manager for each acquisi- such section, except that the requirement that Sec. 903. Independent task force on trans- tion program designated as a pilot program the items to be exchanged be similar shall not formation and Department of De- under this section shall have the responsibility apply to the authority provided under this sub- fense organization. for ensuring that the product support functions section. Sec. 904. Authority to expand the National De- fense University. for the program are properly carried out over (b) PERIOD OF AUTHORITY.—The authority to the entire life cycle of the program. enter into agreements under subsection (a) and Sec. 905. Center for Hemispheric Defense Stud- (c) REPORT.—Not later than February 1, 1999, to make exchanges under any such agreement is ies. the Secretary of Defense shall submit to the con- effective during the five-year period beginning Sec. 906. Restructuring of administration of gressional defense committees a report on the on October 1, 1998. Fisher Houses. pilot programs. The report shall contain the fol- Sec. 907. Management reform for research, de- SEC. 820. PERMANENT AUTHORITY FOR USE OF lowing: velopment, test, and evaluation MAJOR RANGE AND TEST FACILITY activities. (1) A description of the acquisition programs INSTALLATIONS BY COMMERCIAL designated as pilot programs under subsection ENTITIES. Subtitle B—Department of Defense Financial (a). (a) PERMANENT AUTHORITY.—Subsection (g) of Management (2) For each such acquisition program, the section 2681 of title 10, United States Code, is re- Sec. 911. Improved accounting for defense con- specific management actions taken to ensure pealed. tract services. that the program manager has the responsibility (b) REPEAL OF EXECUTED REPORTING RE- Sec. 912. Report on Department of Defense fi- for oversight of the performance of the product QUIREMENT.—Subsection (h) of such section is nancial management improvement support functions. repealed. plan. (3) Any proposed change to law, policy, regu- SEC. 821. INVENTORY EXCHANGE AUTHORIZED Sec. 913. Study of feasibility of performance of lation, or organization that the Secretary con- FOR CERTAIN FUEL DELIVERY CON- Department of Defense finance siders desirable, and determines feasible to im- TRACT. and accounting functions by pri- plement, for ensuring that the program man- (a) EXCHANGE OF BARRELS AUTHORIZED.—(1) vate sector sources or other Fed- agers are fully responsible under the pilot pro- The Secretary of Defense shall provide, under a eral sources. grams for the performance of all such respon- contract described in subsection (f), that the Sec. 914. Limitation on reorganization and con- sibilities. contract may be performed, during the period solidation of operating locations SEC. 817. SCOPE OF PROTECTION OF CERTAIN IN- described in paragraph (2), by means of delivery of the Defense Finance and Ac- FORMATION FROM DISCLOSURE. of fuel obtained by the refiner concerned in an counting Service. Section 2371(i)(2)(A) of title 10, United States inventory exchange of barrels of fuel, in any Sec. 915. Annual report on resources allocated Code, is amended by striking out ‘‘cooperative case in which— to support and mission activities. agreement that includes a clause described in (A) the refiner is unable to physically deliver Subtitle C—Joint Warfighting subsection (d)’’ and inserting in lieu thereof fuel in compliance with the contract require- Experimentation ‘‘cooperative agreement for performance of ments because of ice conditions in Cook Inlet, as Sec. 921. Findings concerning joint warfighting basic, applied, or advanced research authorized determined by the Coast Guard; and experimentation. by section 2358 of this title’’. (B) the Secretary determines that such inabil- Sec. 922. Sense of Congress concerning joint SEC. 818. PLAN FOR RAPID TRANSITION FROM ity will result in an inequity to the refiner. warfighting experimentation. COMPLETION OF SMALL BUSINESS (2) The period referred to in paragraph (1) is Sec. 923. Reports on joint warfighting experi- INNOVATION RESEARCH INTO DE- the period beginning on the date of the enact- mentation. FENSE ACQUISITION PROGRAMS. ment of this Act and ending on February 28, Subtitle D—Other Matters (a) PLAN REQUIRED.—(1) Not later than Feb- 1999. Sec. 931. Further reductions in defense acquisi- ruary 1, 1999, the Secretary of Defense, in con- (b) LIMITATION.—The number of barrels of tion and support workforce. sultation with the Administrator of the Small fuel exchanged pursuant to a contract described Sec. 932. Limitation on operation and support Business Administration, shall develop a plan in subsection (f) may contain up to 15 percent of funds for the Office of the Sec- for facilitating the rapid transition into Depart- the total quantity of fuel required to be deliv- retary of Defense. ment of Defense acquisition programs of success- ered under the contract. Sec. 933. Clarification and simplification of re- ful first phase and second phase activities under (c) EFFECT ON STATUS AS SMALL DISADVAN- sponsibilities of Inspectors Gen- the Small Business Innovation Research pro- TAGED BUSINESS.—Nothing in this section, and eral regarding whistleblower pro- gram under section 9 of the Small Business Act no action taken pursuant to this section, may be tections. (15 U.S.C. 638). construed as affecting the status of the refiner Sec. 934. Repeal of requirement relating to as- (2) The Secretary shall submit the plan devel- as a small disadvantaged business. signment of tactical airlift mission oped under paragraph (1) to— (d) EFFECT ON CONTRACTUAL OBLIGATIONS.— to Reserve components. (A) the Committee on Armed Services and the Nothing in this section may be construed as af- Sec. 935. Consultation with Marine Corps on Committee on Small Business of the Senate; and fecting the requirement of a refiner to fulfill its major decisions directly concern- (B) the Committee on National Security and contractual obligations under a contract de- ing Marine Corps aviation. the Committee on Small Business of the House scribed in subsection (e), other than as provided Subtitle A—Department of Defense Officers of Representatives. under subsection (b). and Organization (b) CONDITIONS.—The plan developed under (e) SMALL DISADVANTAGED BUSINESS DE- SEC. 901. REDUCTION IN NUMBER OF ASSISTANT subsection (a) shall— FINED .—For the purposes of this section, the SECRETARY OF DEFENSE POSI- (1) be consistent with the Small Business In- term ‘small disadvantaged business’ means a so- TIONS. novation Research program and with the provi- cially and economically disadvantaged small (a) REDUCTION TO NINE POSITIONS.—Section sions of division D of the Clinger-Cohen Act of business concern, a small business concern 138(a) of title 10, United States Code, is amended 1996 (division D of Public Law 104–106; 110 Stat. owned and controlled by socially and economi- by striking out ‘‘ten’’ and insert in lieu thereof 642) and the Federal Acquisition Streamlining cally disadvantaged individuals, and a qualified ‘‘nine’’. Act of 1994 (Public Law 103–355; 108 Stat. 3243) HUBZone small business concern, as those terms (b) CONFORMING AMENDMENT.—Section 5315 of that are applicable to the Department of De- are defined in sections 8(a)(4)(A), 8(d)(3)(C), title 5, United States Code, is amended by strik- fense; and and 3(p) of the Small Business Act (15 U.S.C. ing out ‘‘(10)’’ after ‘Assistant Secretaries of De- (2) provide for favorable consideration, in the 637(a)(4)(A)), 637(d)(3)(C), and 632(p)), respec- fense’’ and inserting in lieu thereof ‘‘(9)’’. acquisition planning process, for funding tively. SEC. 902. REPEAL OF STATUTORY REQUIREMENT projects under the Small Business Innovation (f) APPLICABILITY.—This section applies to FOR POSITION OF ASSISTANT SEC- Research program that have successfully com- any contract between the Defense Energy Sup- RETARY OF DEFENSE FOR COM- pleted the second phase or are subject to a third ply Center of the Department of Defense and a MAND, CONTROL, COMMUNICA- phase agreement entered into pursuant to sec- refiner that qualifies as a small disadvantaged TIONS, AND INTELLIGENCE. tion 9(r) of the Small Business Act (15 U.S.C. business for the delivery of fuel by barge to De- Section 138(b) of title 10, United States Code is 638(r)). fense Energy Supply Point-Anchorage. amended by striking out paragraph (3). September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8147 SEC. 903. INDEPENDENT TASK FORCE ON TRANS- understanding the transformation in the con- shall administer all Fisher Houses and Fisher FORMATION AND DEPARTMENT OF duct of war; Suites associated with health care facilities of DEFENSE ORGANIZATION. (D) establishing a Joint Battle Laboratory to that military department as a nonappropriated (a) FINDINGS.—Congress finds the following: conduct joint experimentation and to integrate fund instrumentality of the United States. (1) The post-Cold War era is marked by geo- the similar efforts of the Armed Forces; and ‘‘(c) GOVERNANCE.—The Secretary of each political uncertainty and by accelerating tech- (E) establishing an Assistant Secretary of De- military department shall establish a system for nological change, particularly with regard to in- fense responsible for transformation in the con- the governance of the nonappropriated fund in- formation technologies. duct of war. strumentality required by subsection (b) for that (2) The combination of that geopolitical un- (5) Joint training establishments and training military department. certainty and accelerating technological change establishments of the Armed Forces, including ‘‘(d) CENTRAL FUND.—The Secretary of each portends a transformation in the conduct of those devoted to professional military education, military department shall establish a single fund war, particularly in ways that are likely to in- and the appropriateness of establishing national as the source of funding for the operation, crease the effectiveness of joint operations. training centers. maintenance, and improvement of all Fisher (3) The Department of Defense must be orga- (6) Other issues relating to a transformation Houses and Fisher Suites of the non- nized appropriately in order to fully exploit the in the conduct of war that the Secretary consid- appropriated fund instrumentality required by opportunities offered by, and to meet the chal- ers appropriate. subsection (b) for that military department. lenges posed by, this anticipated transformation (d) REPORT.—The task force shall submit to ‘‘(e) ACCEPTANCE OF CONTRIBUTIONS; IMPOSI- in the conduct of war. the Secretary of Defense a report containing its TION OF FEES.—(1) The Secretary of a military (4) The basic organization of the Department assessments and recommendations not later department may— of Defense was established by the National Se- than February 1, 1999. The Secretary shall sub- ‘‘(A) accept money, property, and services do- curity Act of 1947 and the 1949 amendments to mit the report to the Committee on National Se- nated for the support of a Fisher House or Fish- that Act. curity of the House of Representatives and the er Suite associated with health care facilities of (5) The Goldwater-Nichols Department of De- Committee on Armed Services of the Senate not that military department; and fense Reorganization Act of 1986 (Public Law later than March 1, 1999, together with the rec- ‘‘(B) may impose fees relating to the use of 99–433) dramatically improved the capability of ommendations and comments of the Secretary of such Fisher Houses and Fisher Suites. the Department of Defense to carry out oper- Defense. ‘‘(2) All monetary donations, and the proceeds ations involving joint forces, but did not specifi- SEC. 904. AUTHORITY TO EXPAND THE NATIONAL of the disposal of any other donated property, cally address issues pertaining to the develop- DEFENSE UNIVERSITY. accepted by the Secretary of a military depart- ment of joint operations. Section 2165(b) of title 10, United States Code, ment under this subsection shall be credited to (6) In the future, the ability to achieve im- is amended by adding at the end the following: the fund established under subsection (d) for the proved operations of joint forces, particularly ‘‘(7) Any other educational institution of the Fisher Houses and Fisher Suites associated with under rapidly changing technological condi- Department of Defense that the Secretary con- health care facilities of that military department tions, will depend on improved force develop- siders appropriate and designates as an institu- and shall be available to that Secretary to sup- ment for joint operations. tion of the university.’’. port all such Fisher Houses and Fisher Suites. (b) INDEPENDENT TASK FORCE ON TRANS- SEC. 905. CENTER FOR HEMISPHERIC DEFENSE ‘‘(f) ANNUAL REPORT.—Not later than Janu- FORMATION AND DEPARTMENT OF DEFENSE OR- STUDIES. ary 15 of each year, the Secretary of each mili- GANIZATION.—The Secretary of Defense shall es- (a) FUNDING FOR CENTER.—Section 2165 of tary department shall submit to Congress a re- tablish a task force of the Defense Science title 10, United States Code, is amended by add- port describing the operation of Fisher Houses Board to examine the current organization of ing at the end the following new subsection: and Fisher Suites associated with health care the Department of Defense with regard to the ‘‘(c) SOURCE OF FUNDS FOR CENTER FOR HEMI- facilities of that military department. The report appropriateness of that organization for prepar- SPHERIC DEFENSE STUDIES.—Funds available for shall include, at a minimum, the following: ing for a transformation in the conduct of war. the payment of personnel expenses under the ‘‘(1) The amount in the fund established by The task force shall be established not later Latin American cooperation authority set forth that Secretary under subsection (d) as of Octo- than November 1, 1998. in section 1050 of this title are also available for ber 1 of the previous year. (c) DUTIES OF THE TASK FORCE.—The task the costs of the operation of the Center for Hem- ‘‘(2) The operation of the fund during the pre- force shall assess, and shall make recommenda- ispheric Defense Studies.’’. ceding fiscal year, including— tions for the appropriate organization of, the (b) CONFORMING AMENDMENT.—Section 1050 of ‘‘(A) all gifts, fees, and interest credited to the Office of the Secretary of Defense, the Joint such title is amended by inserting ‘‘Secretary of fund; and Chiefs of Staff, the individual Armed Forces, Defense or the’’ before ‘‘Secretary of a military ‘‘(B) all disbursements from the fund. and the executive parts of the military depart- department’’. ‘‘(3) The budget for the operation of the Fish- ments for the purpose of preparing the Depart- SEC. 906. RESTRUCTURING OF ADMINISTRATION er Houses and Fisher Suites for the fiscal year ment of Defense for a transformation in the con- OF FISHER HOUSES. in which the report is submitted.’’. duct of war. In making those assessments and (a) ADMINISTRATION AS NONAPPROPRIATED (2) The table of sections at the beginning of developing those recommendations, the task FUND INSTRUMENTALITY.—(1) Chapter 147 of such chapter is amended by inserting after the force shall review the following: title 10, United States Code, is amended by in- item relating to section 2492 (as added by section (1) The general organization of the Depart- serting after section 2492 (as added by section 365) the following new item: ment of Defense, including whether responsibil- 365) the following new section: ‘‘2493. Fisher Houses: administration as non- ity and authority for issues relating to a trans- ‘‘§ 2493. Fisher Houses: administration as non- appropriated fund instrumental- formation in the conduct of war are appro- appropriated fund instrumentality ity.’’. priately allocated, especially among the Office (b) ESTABLISHMENT OF FUNDS.—Not later than ‘‘(a) FISHER HOUSES AND SUITES DEFINED.—In of the Secretary of Defense, the Joint Chiefs of 90 days after the date of the enactment of this this section: Staff, and the individual Armed Forces. ‘‘(1) The term ‘Fisher House’ means a housing Act, the Secretary of each military department (2) The joint requirements process and the re- facility that— shall— quirements processes for each of the Armed ‘‘(A) is located in proximity to a health care (1) establish the fund required under section Forces, including the establishment of measures facility of the Army, the Air Force, or the Navy; 2493(d) of title 10, United States Code (as added of effectiveness and methods for resource alloca- ‘‘(B) is available for residential use on a tem- by subsection (a)); and tion. porary basis by patients of that health care fa- (2) close the Fisher House Trust Fund estab- (3) The process and organizations responsible cility, members of the families of such patients, lished for that department under section 2221 of for doctrinal development, including the appro- and others providing the equivalent of familial such title and transfer the amounts in the closed priate relationship between joint force and serv- support for such patients; and fund to the newly established fund. ice doctrine and doctrinal development organi- ‘‘(C) is constructed and donated by— (c) FUNDING TRANSITION.—(1) Of the amount zations. ‘‘(i) the Zachary and Elizabeth M. Fisher authorized to be appropriated pursuant to sec- (4) The current programs and organizations Armed Services Foundation; or tion 301(2) for operation and maintenance for under the Office of the Secretary of Defense, the ‘‘(ii) another source, if the Secretary of the the Navy, the Secretary of the Navy shall trans- Joint Chiefs of Staff and the Armed Forces de- military department concerned designates the fer to the fund established by that Secretary voted to innovation and experimentation related housing facility as a Fisher House. under section 2493(d) of title 10, United States to a transformation in the conduct of war, in- ‘‘(2) The term ‘Fisher Suite’ means one or Code (as added by subsection (a)), such amount cluding the appropriateness of— more rooms that— as that Secretary considers appropriate for es- (A) conducting joint field tests; ‘‘(A) meet the requirements of subparagraphs tablishing in the fund a corpus sufficient for op- (B) establishing a separate unified command (A) and (B) of paragraph (1); erating Fisher Houses and Fisher Suites associ- as a joint forces command to serve, as its sole ‘‘(B) are constructed, altered, or repaired and ated with health care facilities of the Depart- function, as the trainer, provider, and developer donated by a source described in subparagraph ment of the Navy. of forces for joint operations and for conducting (C) of that paragraph; and (2) Of the amount authorized to be appro- joint warfighting experimentation; ‘‘(C) are designated by the Secretary of the priated pursuant to section 301(4) for operation (C) establishing a separate Joint Concept De- military department concerned as a Fisher and maintenance for the Air Force, the Sec- velopment Center to monitor exercises and de- Suite. retary of the Air Force shall transfer to the fund velop measures of effectiveness, analytical con- ‘‘(b) NONAPPROPRIATED FUND INSTRUMENTAL- established by that Secretary under section cepts, models, and simulations appropriate for ITY.—The Secretary of each military department 2493(d) of title 10, United States Code (as added H8148 CONGRESSIONAL RECORD — HOUSE September 22, 1998

by subsection (a)), such amount as that Sec- velop a plan, including a schedule, for estab- ‘‘(c) PROPER CLASSIFICATION OF ADVISORY retary considers appropriate for establishing in lishing a cost-based management information AND ASSISTANCE SERVICES.—Before the submis- the fund a corpus sufficient for operating Fisher system for Department of Defense laboratories sion to the Office of Management and Budget of Houses and Fisher Suites associated with health and test and evaluation centers. The system the proposed Department of Defense budget for care facilities of the Department of the Air shall provide for accurately identifying and inclusion in the President’s budget for a fiscal Force. comparing the costs of operating each labora- year pursuant to section 1105 of title 31, the Sec- (d) REPORTING REQUIREMENTS.—The Sec- tory and each center. retary of Defense, acting through the Under retary of each military department, upon com- (2) In preparing the plan, the Secretary shall Secretary of Defense (Comptroller), shall con- pleting the actions required of the Secretary assess the feasibility and desirability of estab- duct a review of Department of Defense services under subsections (b) and (c), shall submit to lishing a common methodology for assessing expected to be performed as contract services Congress a report containing— costs. The Secretary shall consider the use of a during the fiscal year for which that budget is (1) the certification of that Secretary that revolving fund as one potential methodology. to be submitted in order to ensure that those those actions have been completed; and (3) The Secretary shall submit the plan re- services that are advisory and assistance serv- (2) a statement of the amount deposited in the quired under paragraph (1) to the congressional ices (as defined in accordance with subsection fund established by that Secretary under section defense committees not later than 90 days after (b)) are in fact properly classified, in accord- 2493(d) of title 10, United States Code (as added the date of the enactment of this Act. ance with that subsection, in the advisory and by subsection (a)). Subtitle B—Department of Defense Financial assistance services object class. (e) AVAILABILITY OF TRANSFERRED Management ‘‘(d) REPORT TO CONGRESS.—The Secretary AMOUNTS.—Amounts transferred under sub- SEC. 911. IMPROVED ACCOUNTING FOR DEFENSE shall submit to Congress each year, not later section (b) or (c) to a fund established under CONTRACT SERVICES. than 30 days after the date on which the budget section 2493(d) of title 10, United States Code (as (a) IN GENERAL.—(1) Chapter 131 of title 10, for the next fiscal year is submitted pursuant to added by subsection (a)), shall be available United States Code, is amended by inserting section 1105 of title 31, a report containing the without fiscal year limitation for the purposes after section 2211 the following new section: information derived from the review under sub- for which the fund is established and shall be ‘‘§ 2212. Obligations for contract services: re- section (c). administered as nonappropriated funds. porting in budget object classes ‘‘(e) ASSESSMENT BY COMPTROLLER GEN- (f) CONFORMING REPEALS.—(1) Section 2221 of ‘‘(a) LIMITATION ON REPORTING IN MIS- ERAL.—(1) The Comptroller General shall con- title 10, United States Code, and the item relat- CELLANEOUS SERVICES OBJECT CLASS.—The Sec- duct a review of the report of the Secretary of ing to that section in the table of sections at the retary of Defense shall ensure that, in reporting Defense under subsection (d) each year and beginning of chapter 131 of such title, are re- to the Office of Management and Budget (pur- shall— pealed. suant to OMB Circular A–11 (relating to prepa- ‘‘(A) assess the methodology used by the Sec- (2) Section 1321(a) of title 31, United States ration and submission of budget estimates)) obli- retary in obtaining the information submitted to Code, is amended by striking out paragraphs gations of the Department of Defense for any Congress in that report; and (92), (93), and (94). period of time for contract services, no more ‘‘(B) assess the information submitted to Con- (3) The amendments made by this subsection than 15 percent of the total amount of obliga- gress in that report. shall take effect 90 days after the date of the en- tions so reported is reported in the miscellaneous ‘‘(2) Not later than 120 days after the date on actment of this Act. services object class. which the Secretary submits to Congress the re- SEC. 907. MANAGEMENT REFORM FOR RESEARCH, ‘‘(b) DEFINITION OF REPORTING CATEGORIES port required under subsection (d) for any year, DEVELOPMENT, TEST, AND EVALUA- FOR ADVISORY AND ASSISTANCE SERVICES.—In the Comptroller General shall submit to Con- TION ACTIVITIES. carrying out section 1105(g) of title 31 for the gress the Comptroller General’s report contain- (a) ANALYSIS AND PLAN FOR REFORM OF MAN- Department of Defense (and in determining ing the results of the review for that year under AGEMENT OF RDTE ACTIVITIES.—(1) The Sec- what services are to be reported to the Office of paragraph (1). retary of Defense, acting through the Under Management and Budget in the advisory and ‘‘(f) DEFINITIONS.—In this section: Secretary of Defense for Acquisition and Tech- assistance services object class), the Secretary of ‘‘(1) The term ‘contract services’ means all nology, shall analyze the structures and proc- Defense shall apply to the terms used for the services that are reported to the Office of Man- esses of the Department of Defense for manage- definition of ‘advisory and assistance services’ agement and Budget pursuant to OMB Circular ment of its laboratories and test and evaluation in paragraph (2)(A) of that section the following A–11 (relating to preparation and submission of centers. Taking into consideration the results of meanings (subject to the authorized exemp- budget estimates) in budget object classes that that analysis, the Secretary shall develop a plan tions): are designated in the Object Class 25 series. for improving the management of those labora- ‘‘(1) MANAGEMENT AND PROFESSIONAL SUPPORT ‘‘(2) The term ‘advisory and assistance serv- tories and centers. The plan shall include such SERVICES.—The term ‘management and profes- ices object class’ means those contract services reorganizations and reforms as the Secretary sional support services’ (used in clause (i) of constituting the budget object class that is de- considers appropriate. section 1105(g)(2)(A) of title 31) means services nominated ‘Advisory and Assistance Service and (2) The analysis under paragraph (1) shall in- that provide engineering or technical support, designated (as the date of the enactment of this clude an analysis of each of the following with assistance, advice, or training for the efficient section) as Object Class 25.1 (or any similar ob- respect to Department of Defense laboratories and effective management and operation of or- ject class established after the date of the enact- and test and evaluation centers: ganizations, activities, or systems. Those serv- ment of this section for the reporting of obliga- (A) Opportunities to improve efficiency and ices— tions for advisory and assistance contract serv- reduce duplication of efforts by those labora- ‘‘(A) are closely related to the basic respon- ices). tories and centers by designating a lead agency sibilities and mission of the using organization; ‘‘(3) The term ‘miscellaneous services object or executive agent by area or function or other and class’ means those contract services constituting methods of streamlining management. ‘‘(B) include efforts that support or contribute the budget object class that is denominated (B) Reform of the management processes of to improved organization or program manage- ‘Other Services (services not otherwise specified those laboratories and centers that would re- ment, logistics management, project monitoring in the 25 series)’ and designated (as the date of duce costs and increase efficiency in the con- and reporting, data collection, budgeting, ac- the enactment of this section) as Object Class duct of research, development, test, and evalua- counting, auditing, and administrative or tech- 25.2 (or any similar object class established after tion activities. nical support for conferences and training pro- the date of the enactment of this section for the (C) Opportunities for those laboratories and grams. reporting of obligations for miscellaneous or un- centers to enter into partnership arrangements ‘‘(2) STUDIES, ANALYSES, AND EVALUATIONS.— specified contract services). with laboratories in industry, academia, and The term ‘studies, analyses, and evaluations’ ‘‘(4) The term ‘authorized exemptions’ means other Federal agencies that demonstrate leader- (used in clause (ii) of section 1105(g)(2)(A) of those exemptions authorized (as of the date of ship, initiative, and innovation in research, de- title 31) means services that provide organized, the enactment of this section) under Department velopment, test, and evaluation activities. analytic assessments to understand or evaluate of Defense Directive 4205.2, captioned ‘Acquir- (D) The extent to which there is disseminated complex issues to improve policy development, ing and Managing Contracted Advisory and As- within those laboratories and centers informa- decisionmaking, management, or administration sistance Services (CAAS)’ and issued by the tion regarding initiatives that have successfully and that result in documents containing data or Under Secretary of Defense for Acquisition and improved efficiency through reform of manage- leading to conclusions or recommendations. Technology on February 10, 1992, such exemp- ment processes and other means. Those services may include databases, models, tions being set forth in Enclosure 3 to that direc- (E) Any cost savings that can be derived di- methodologies, and related software created in tive (captioned ‘CAAS Exemptions’).’’. rectly from reorganization of management struc- support of a study, analysis, or evaluation. (2) The table of sections at the beginning of tures of those laboratories and centers. ‘‘(3) ENGINEERING AND TECHNICAL SERVICES.— such chapter is amended by inserting after the (F) Options for reinvesting any such cost sav- The term ‘engineering and technical services’ item relating to section 2211 the following new ings in those laboratories and centers. (used in clause (iii) of section 1105(g)(2)(A) of item: (3) The Secretary shall submit the plan re- title 31) means services that take the form of ad- ‘‘2212. Obligations for contract services: report- quired under paragraph (1) to the congressional vice, assistance, training, or hands-on training ing in budget object classes.’’. defense committees not later than 180 days after necessary to maintain and operate fielded weap- (b) TRANSITION.—For the budget for fiscal the date of the enactment of this Act. on systems, equipment, and components (includ- year 2000, and the reporting of information to (b) COST-BASED MANAGEMENT INFORMATION ing software when applicable) at design or re- the Office of Management and Budget in con- SYSTEM.—(1) The Secretary of Defense shall de- quired levels of effectiveness. nection with the preparation of that budget, September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8149 section 2212 of title 10, United States Code, as (A) specifies the mission; (3) A discussion of the costs and benefits that added by subsection (a), shall be applied by sub- (B) identifies the finance and accounting op- could result from reorganizing the operating lo- stituting ‘‘30 percent’’ in subsection (a) for ‘‘15 erations to be performed; cations of the Defense Finance and Accounting percent’’. (C) describes the work force that is necessary Service on the basis of function performed, to- (c) INITIAL CLASSIFICATION OF ADVISORY AND to perform those operations; gether with the Secretary’s assessment of the ASSISTANCE SERVICES.—Not later than February (D) discusses where the operations are to be feasibility of carrying out such a reorganiza- 1, 1999, the Secretary of Defense, acting through performed; tion. (E) describes how the operations are to be per- the Under Secretary of Defense (Comptroller), (d) SUBMITTAL OF PLAN.—The plan shall be shall conduct a review of Department of Defense formed; and submitted to the Committee on Armed Services of (F) discusses the relationship between how the services performed or expected to be performed the Senate and the Committee on National Secu- operations are to be performed and the mission. as contract services during fiscal year 1999 in (4) An analysis of how Department of Defense rity of the House of Representatives not later order to ensure that those services that are advi- programs or processes would be affected by the than January 15, 1999. sory and assistance services (as defined in ac- performance of the finance and accounting SEC. 915. ANNUAL REPORT ON RESOURCES ALLO- cordance with subsection (b) of section 2212 of functions of the Department of Defense by one CATED TO SUPPORT AND MISSION title 10, United States Code, as added by sub- or more non-DFAS source. ACTIVITIES. section (a)) are in fact properly classified, in ac- (5) The status of the efforts within the De- (a) REQUIREMENT.—Section 113 of title 10, cordance with that subsection, in the advisory partment of Defense to consolidate and elimi- United States Code, is amended by adding at the and assistance services object class (as defined nate redundant finance and accounting systems end the following new subsection: in subsection (f)(2) of that section). and to better integrate the automated and man- ‘‘(l) The Secretary shall include in the annual (d) FISCAL YEAR 1999 REDUCTION.—The total ual systems of the department that provide report to Congress under subsection (c) the fol- amount that may be obligated by the Secretary input to financial management or accounting lowing: of Defense for contracted advisory and assist- systems of the department. ‘‘(1) A comparison of the amounts provided in ance services from amounts appropriated for fis- (6) A description of a feasible and effective the defense budget for support and for mission cal year 1999 is the amount programmed for process for selecting, on a competitive basis, activities for each of the preceding five fiscal those services resulting from the review referred sources to perform the finance and accounting years. to in subsection (c) reduced by $240,000,000. functions of the Department of Defense from ‘‘(2) A comparison of the number of military SEC. 912. REPORT ON DEPARTMENT OF DEFENSE among the Defense Finance and Accounting and civilian personnel, shown by major occupa- FINANCIAL MANAGEMENT IMPROVE- Service and non-DFAS sources, including a dis- tional category, assigned to support positions MENT PLAN. cussion of the selection criteria the Secretary and to mission positions for each of the preced- Not later than 60 days after the date on which considers appropriate. ing five fiscal years. the Secretary of Defense submits the first bien- (7) An analysis of the costs and benefits of the ‘‘(3) An accounting, shown by service and by nial financial management improvement plan various policies and actions recommended. major occupational category, of the number of required by section 2222 of title 10, United States (8) A discussion of any findings, analyses, military and civilian personnel assigned to sup- Code, the Comptroller General shall submit to and recommendations on the performance of the port positions during each of the preceding five Congress an analysis of the plan. The analysis finance and accounting functions of the Depart- fiscal years. shall include a discussion of the content of the ment of Defense that have been made by the ‘‘(4) A listing of the number of military and ci- plan and the extent to which the plan— Task Force on Defense Reform appointed by the vilian personnel assigned to management head- (1) complies with the requirements of such sec- Secretary of Defense on May 14, 1997. quarters and headquarters support activities as tion 2222; and (9) Any additional information and rec- a percentage of military end-strength for each of (2) is a workable plan for addressing the fi- ommendations the Secretary considers appro- the preceding five fiscal years.’’. nancial management problems of the Depart- priate. (b) REPORT ON TERMINOLOGY.—Not later than (c) MARKET RESEARCH.—In carrying out the ment of Defense. 90 days after the date of the enactment of this study, the Secretary shall conduct market re- Act, the Secretary of Defense shall submit to the SEC. 913. STUDY OF FEASIBILITY OF PERFORM- search to determine whether or not an efficient ANCE OF DEPARTMENT OF DEFENSE Committee on Armed Services of the Senate and and competitive domestic market for finance and FINANCE AND ACCOUNTING FUNC- the Committee on National Security of the accounting services exists. In conducting that TIONS BY PRIVATE SECTOR House of Representatives a report setting forth research, the Secretary shall consider whether SOURCES OR OTHER FEDERAL the definitions of the terms ‘‘support’’ and ‘‘mis- SOURCES. the domestic market for finance and accounting sion’’ that the Secretary proposes to use for pur- (a) STUDY REQUIRED.—(1) The Secretary of services could be reasonably expected to gen- poses of the report requirement under section Defense shall carry out a study of the feasibility erate responsive private sector competitors for 113(l) of title 10, United States Code, as added and advisability of selecting on a competitive the provision of the finance and accounting by subsection (a). basis the source or sources for performing the fi- services, or a portion of such services, of the De- nance and accounting functions of the Depart- partment of Defense and whether there are any Subtitle C—Joint Warfighting ment of Defense from among the Defense Fi- substantial barriers to entry or expansion in Experimentation nance and Accounting Service of the Depart- that market. In conducting such research, the SEC. 921. FINDINGS CONCERNING JOINT ment of Defense and non-DFAS sources. Secretary shall consider not only the current WARFIGHTING EXPERIMENTATION. (2) For the purposes of this section, the term state of the domestic market for finance and ac- Congress makes the following findings: ‘‘non-DFAS sources’’ means— counting services, but also the potential effects (1) The assessments of the Quadrennial De- (A) the military departments; that the entry of the Department of Defense as fense Review and the National Defense Panel (B) Federal agencies outside the Department a large, long-term consumer of such services provide a compelling argument— of Defense; and might have on that market. (A) that the security environment in the early (C) private sector sources. SEC. 914. LIMITATION ON REORGANIZATION AND 21st century will include fundamentally dif- (b) REPORT.—Not later than October 1, 1999, CONSOLIDATION OF OPERATING LO- ferent military challenges than the security en- the Secretary shall submit to Congress a report CATIONS OF THE DEFENSE FINANCE vironment in the late 20th century; and in writing on the results of the study. The re- AND ACCOUNTING SERVICE. (B) reinforce the premise of the Goldwater- (a) LIMITATION.—The Secretary of Defense port shall include the following: Nichols Department of Defense Reorganization may not close any operating location of the De- (1) A discussion of how the finance and ac- Act of 1986 that future warfare will require more fense Finance and Accounting Service before counting functions of the Department of De- effective joint operational concepts. the date that is 90 days after the date on which fense are performed, including the necessary op- (2) Joint experimentation is necessary for— the Secretary submits to the Committee on erations, the operations actually performed, the (A) integrating advances in technology with Armed Services of the Senate and the Committee personnel required for the operations, and the changes in organizational structure and joint on National Security of the House of Represent- core competencies that are necessary for the per- operational concepts; and atives the plan required by subsection (b). (B) determining the interdependent aspects of formance of those functions. (b) PLAN REQUIRED.—The Secretary of De- (2) A comparison of the performance of the fi- fense shall submit to the Committee on Armed joint warfare that are key for transforming the nance and accounting functions by the Defense Services of the Senate and the Committee on Na- conduct of military operations to meet future Finance and Accounting Service with the per- tional Security of the House of Representatives challenges successfully. formance of finance and accounting functions a strategic plan for improving the financial (3) It is essential that an energetic and inno- by non-DFAS sources that exemplify the best fi- management operations at each of the operating vative organization be established in the De- nance and accounting practices and results, to- locations of the Defense Finance and Account- partment of Defense with the authority (subject gether with a comparison of the costs of the per- ing Service. to the authority and guidance of the Secretary formance of those functions by the Defense Fi- (c) CONTENT OF PLAN.—The plan shall include of Defense and Chairman of the Joint Chiefs of nance and Accounting Service and the estimated the following: Staff) to design and implement a process of joint costs of the performance of those functions by (1) The workloads that it is necessary to per- experimentation to investigate and test tech- non-DFAS sources. form at those operating locations each fiscal nologies and alternative forces and concepts in (3) The finance and accounting functions, if year. field environments under realistic conditions any, that are appropriate for performance by (2) The capacity and number of operating lo- against the full range of future challenges to as- non-DFAS sources, together with a concept of cations that are necessary for performing those sist in developing and validating new joint operations that— workloads. warfighting concepts and transforming the H8150 CONGRESSIONAL RECORD — HOUSE September 22, 1998 Armed Forces to meet the threats to national se- warfighting experimentation shall submit to the ‘‘(A) the development or acquisition of ad- curity anticipated for the early 21st century. Secretary an initial report on the implementa- vanced technologies; SEC. 922. SENSE OF CONGRESS CONCERNING tion of joint experimentation. Not later than ‘‘(B) changes in organizational structure, JOINT WARFIGHTING EXPERIMEN- April 1, 1999, the Secretary shall submit that re- operational concepts, or joint doctrine; TATION. port, together with any comments that the Sec- ‘‘(C) the conduct of experiments; (a) DESIGNATION OF COMMANDER TO HAVE retary considers appropriate and any comments ‘‘(D) the adequacy of resources; or JOINT WARFIGHTING EXPERIMENTATION MIS- that the Chairman of the Joint Chiefs of Staff ‘‘(E) changes in authority of the commander SION.—It is the sense of Congress that the initia- considers appropriate, to the Committee on to develop or acquire materiel, supplies, services, tive of the Secretary of Defense to designate the Armed Services of the Senate and the Committee or equipment directly for the conduct of joint commander of a combatant command to have on National Security of the House of Represent- warfighting experimentation.’’. the mission of joint warfighting experimentation atives. (2) The table of sections at the beginning of is a key step in exploiting the potential of ad- (2) The report of the commander under para- such chapter is amended by adding at the end vanced technologies, new organizational struc- graph (1) shall include the commander’s assess- the following new item: tures, and new joint operational concepts to ment of the following: ‘‘485. Joint warfighting experimentation.’’. transform the conduct of military operations by (A) The authority and responsibilities of the the Armed Forces. commander as described in section 922(b). (c) FIRST ANNUAL REPORT.—The first report (b) RESOURCES AND AUTHORITY OF COM- (B) The organization of the commander’s com- under section 485 of title 10, United States Code, MANDER.—It is, further, the sense of Congress batant command, and of its staff, for carrying as added by subsection (b), shall be made with that the commander of the combatant command out the joint warfighting experimentation mis- respect to fiscal year 1999. In the case of the re- referred to in subsection (a) should be provided sion. port under that section for fiscal year 1999, the with appropriate and sufficient resources for (C) The process established for tasking forces reference in subsection (b)(1) of that section to joint warfighting experimentation and with the to participate in experimentation and the com- the most recent report under that section shall appropriate authority to execute the command- mander’s specific authority over those forces, in- be treated as referring to the report under sub- er’s assigned responsibilities and that such au- cluding forces designated as joint experimen- section (a) of this section. thority should include the following: tation forces. Subtitle D—Other Matters (1) Planning, preparing, and conducting the (D) The resources provided for initial imple- mentation of joint warfighting experimentation, SEC. 931. FURTHER REDUCTIONS IN DEFENSE AC- program of joint warfighting experimentation, QUISITION AND SUPPORT WORK- which program should include analyses, simula- the process for providing those resources to the FORCE. commander, the categories of the funding, and tions, wargames, experiments, advanced concept (a) REDUCTION OF DEFENSE ACQUISITION AND the authority of the commander for budget exe- technology demonstrations, joint exercises con- SUPPORT WORKFORCE.—The Secretary of De- cution. ducted in virtual and field environments, and, fense shall accomplish reductions in defense ac- (E) The process established for the develop- as a particularly critical aspect, assessments of quisition and support personnel positions during ment and acquisition of the materiel, supplies, ‘‘red team’’ vulnerability. fiscal year 1999 so that the total number of such services, and equipment necessary for the con- (2) Developing scenarios and measures of ef- personnel as of October 1, 1999, is less than the duct of joint warfighting experimentation. fectiveness to meet the operational challenges total number of such personnel as of October 1, expected to be encountered in the early 21st cen- (F) The process established for designing, pre- paring, and conducting joint experiments. 1998, by at least the applicable number deter- tury and assessing the effectiveness of current mined under subsection (b). and new organizational structures, operational (G) The role assigned the commander for— (b) REQUIRED REDUCTION.—(1) The applicable concepts, and technologies in addressing those (i) integrating and testing in joint warfighting experimentation the systems that emerge from number for purposes of subsection (a) is 25,000. challenges. However, the Secretary of Defense may specify (3) Integrating and testing in joint experimen- warfighting experimentation by the Armed Forces or the Defense Agencies; a lower number, which may not be less than tation the systems and concepts that result from 12,500, as the applicable number for purposes of warfighting experimentation conducted by the (ii) assessing the effectiveness of organiza- tional structures, operational concepts, and subsection (a) if the Secretary determines, and Armed Forces and the Defense Agencies. certifies to Congress not later than May 1, 1999, (4) Coordinating with each of the Armed technologies; and that an applicable number greater than the Forces and Defense Agencies regarding the de- (iii) assisting the Secretary of Defense and number specified by the Secretary would be in- velopment and acquisition of equipment (includ- Chairman of the Joint Chiefs of Staff to consistent with the cost-effective management of ing surrogate or real technologies, platforms, prioritize requirements or acquisition programs. (b) ANNUAL REPORT.—(1) Chapter 23 of title the defense acquisition system to obtain best and systems), supplies, and services necessary 10, United States Code, is amended by adding at value equipment and with ensuring military for joint experimentation. the end the following new section: readiness. (5) Providing the Secretary of Defense and the (2) The Secretary shall include with such a Chairman of the Joint Chiefs of Staff with rec- ‘‘§ 485. Joint warfighting experimentation certification a report setting forth a detailed ex- ommendations, based on the conduct of joint ‘‘(a) ANNUAL REPORT.—The commander of the planation of each of the matters certified. The warfighting experimentation, for— combatant command assigned by the Secretary report shall include— (A) improving interoperability; of Defense to have the mission for joint (B) reducing unnecessary redundancy; warfighting experimentation shall submit to the (A) a detailed explanation of all matters in- (C) synchronizing technology fielding; Secretary an annual report on the conduct of corporated in the Secretary’s determination; (D) developing joint operational concepts; joint experimentation activities for the fiscal (B) a definition of the components of the de- (E) prioritizing the most promising joint capa- year ending in the year of the report. Not later fense acquisition and support positions; and bilities for future experimentation; and than December 1 of each year, the Secretary (C) the allocation of the reductions under this (F) prioritizing joint requirements and acqui- shall submit that report, together with any com- section among the occupational elements of sition programs. ments that the Secretary considers appropriate those positions. (6) Making recommendations to the Chairman and any comments that the Chairman of the (3) The authority of the Secretary under para- of the Joint Chiefs of Staff on mission needs Joint Chiefs of Staff considers appropriate, to graph (1) may only be delegated to the Deputy statements and operational requirements docu- the Committee on Armed Services of the Senate Secretary of Defense. ments. and the Committee on National Security of the (c) LIMITATION ON REDUCTION OF CORE AC- (c) CONGRESSIONAL REVIEW.—It is, further, House of Representatives. QUISITION WORKFORCE.—The Secretary shall im- the sense of Congress that Congress— ‘‘(b) MATTERS TO BE INCLUDED.—Each report plement this section so that the core defense ac- (1) should review the adequacy of the process under this section shall include, for the fiscal quisition workforce identified by the Secretary of transformation to meet future challenges to year covered by the report, the following: in the report submitted pursuant to section the national security; and ‘‘(1) Any changes in the assessments of the 912(b) of the National Defense Authorization (2) if progress is determined inadequate, matters described in section 923(a)(2) of the Act for Fiscal Year 1998 (Public Law 105–85; 111 should consider legislation to— Strom Thurmond National Defense Authoriza- Stat. 1860) is reduced proportionally no more (A) establish an appropriate organization to tion Act for Fiscal Year 1999 since the prepara- than the other occupational elements included conduct the mission described in subsection (a); tion of the assessments of those matters set forth as defense acquisition and support positions in and in the latest report submitted under this section. that report. (B) provide to the commander given the re- ‘‘(2) A description of the conduct of joint ex- (d) DEFENSE ACQUISITION AND SUPPORT PER- sponsibility for that mission appropriate and perimentation activities, including the number SONNEL DEFINED.—For purposes of this section, sufficient resources for joint warfighting experi- of activities, the forces involved, the national se- the term ‘‘defense acquisition and support per- mentation and the appropriate authority to exe- curity challenges addressed, the operational sonnel’’ means military and civilian personnel cute that commander’s assigned responsibilities concepts assessed, and the scenarios and meas- (other than civilian personnel who are employed for that mission, including the authorities speci- ures of effectiveness used. at a maintenance depot) who are assigned to, or fied in subsection (b). ‘‘(3) An assessment of the results of joint employed in, acquisition organizations of the SEC. 923. REPORTS ON JOINT WARFIGHTING EX- warfighting experimentation within the Depart- Department of Defense (as specified in Depart- PERIMENTATION. ment of Defense. ment of Defense Instruction numbered 5000.58 (a) INITIAL REPORT.—(1) The commander of ‘‘(4) With respect to joint warfighting experi- dated January 14, 1992), and any other organi- the combatant command assigned by the Sec- mentation, any recommendations that the com- zations which the Secretary may determine to retary of Defense to have the mission for joint mander considers appropriate regarding— have a predominantly acquisition mission. September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8151 SEC. 932. LIMITATION ON OPERATION AND SUP- partment of Transportation (in the case of a ‘‘(B) The Inspector General of the Department PORT FUNDS FOR THE OFFICE OF member of the Coast Guard when the Coast of Transportation, in the case of a member of THE SECRETARY OF DEFENSE. Guard is not operating as a service in the the Coast Guard when the Coast Guard is not Of the amount available for fiscal year 1999 Navy), shall ensure that the Inspector General operating as a service in the Navy. for operation and support activities of the Office conducting the investigation of an allegation ‘‘(C) The Inspector General of the Army, in of the Secretary of Defense, not more than 90 under this subsection is outside the immediate the case of a member of the Army. percent may be obligated until each of the fol- chain of command of both the member submit- ‘‘(D) The Naval Inspector General, in the case lowing reports has been submitted: ting the allegation and the individual or indi- of a member of the Navy. (1) The report required to be submitted to the viduals alleged to have taken the retaliatory ac- ‘‘(E) The Inspector General of the Air Force, congressional defense committees by section tion.’’. in the case of a member of the Air Force. 904(b) of the National Defense Authorization (2) Subsection (d) of such section is amend- ‘‘(F) The Deputy Naval Inspector General for Act for Fiscal Year 1997 (Public Law 104–201; ed— Marine Corps Matters, in the case of a member 110 Stat. 2619). (A) by inserting ‘‘receiving the allegation’’ of the Marine Corps.’’; and (2) The reports required to be submitted to after ‘‘the Inspector General’’ the first place it (3) in the matter preceding subparagraph (A), Congress by sections 911(b) and 911(c) of the Na- appears; and by striking out ‘‘means—’’ and inserting in lieu tional Defense Authorization Act for Fiscal (B) by adding at the end the following: ‘‘In thereof ‘‘means the following:’’. Year 1998 (Public Law 105–85; 111 Stat. 1858, the case of an allegation received by the Inspec- (f) TECHNICAL AND CONFORMING AMEND- 1859). tor General of the Department of Defense, the MENTS.—(1) Subsections (i) and (j) of such sec- SEC. 933. CLARIFICATION AND SIMPLIFICATION Inspector General may delegate that responsibil- tion are redesignated as subsections (h) and (i), OF RESPONSIBILITIES OF INSPEC- ity to the Inspector General of the armed force respectively. TORS GENERAL REGARDING WHIS- concerned.’’. (2) Subsection (b)(1)(B)(ii) of such section is TLEBLOWER PROTECTIONS. (b) MISMANAGEMENT COVERED BY PROTECTED amended by striking out ‘‘subsection (j))’’ and (a) ROLES OF INSPECTORS GENERAL OF THE COMMUNICATIONS.—Subsection (c)(2)(B) of such inserting in lieu thereof ‘‘subsection (i)) or any ARMED FORCES.—(1) Subsection (c) of section section is amended by striking out ‘‘Mismanage- other Inspector General appointed under the In- 1034 of title 10, United States Code, is amend- ment’’ and inserting in lieu thereof ‘‘Gross mis- spector General Act of 1978’’. ed— management’’. SEC. 934. REPEAL OF REQUIREMENT RELATING (A) by striking out paragraph (1) and insert- (c) SIMPLIFIED REPORTING AND NOTICE RE- TO ASSIGNMENT OF TACTICAL AIR- ing in lieu thereof the following: QUIREMENTS.—(1) Paragraph (1) of subsection LIFT MISSION TO RESERVE COMPO- ‘‘(1) If a member of the armed forces submits (e) of such section is amended— NENTS. to an Inspector General an allegation that a (A) by striking out ‘‘Not later than 30 days Section 1438 of the National Defense Author- personnel action prohibited by subsection (b) after completion of an investigation under sub- ization Act for Fiscal Year 1991 (Public Law has been taken (or threatened) against the mem- section (c) or (d),’’ and inserting in lieu thereof 101–510; 104 Stat. 1689), as amended by section ber with respect to a communication described ‘‘After completion of an investigation under 1023 of the National Defense Authorization Act in paragraph (2), the Inspector General shall subsection (c) or (d) or, in the case of an inves- for Fiscal Years 1992 and 1993 (Public Law 102– take the action required under paragraph (3).’’; tigation under subsection (c) by an Inspector 190; 105 Stat. 1460), is repealed. and General within a military department, after ap- SEC. 935. CONSULTATION WITH MARINE CORPS (B) by striking out paragraph (3) and insert- proval of the report of that investigation under ON MAJOR DECISIONS DIRECTLY ing in lieu thereof the following: subsection (c)(3)(E),’’ CONCERNING MARINE CORPS AVIA- TION. ‘‘(3)(A) An Inspector General receiving an al- (B) by striking out ‘‘the Inspector General (a) IN GENERAL.—Chapter 503 of title 10, legation as described in paragraph (1) shall ex- shall submit a report on’’ and inserting in lieu United States Code, is amended by adding at the peditiously determine whether there is sufficient thereof ‘‘the Inspector General conducting the end the following new section: evidence to warrant an investigation of the alle- investigation shall submit a report on’’; gation. (C) by inserting ‘‘shall transmit a copy of the ‘‘§ 5026. Consultation with Commandant of the Ma- ‘‘(B) If the Inspector General receiving such report on the results of the investigation to’’ be- rine Corps on major decisions directly concerning Marine Corps aviation an allegation is an Inspector General within a fore ‘‘the member of the armed forces’’; and ‘‘The Secretary of the Navy shall ensure military department, that Inspector General (D) by adding at the end the following new that the views of the Commandant of the shall promptly notify the Inspector General of sentence: ‘‘The report shall be transmitted to the Marine Corps are given appropriate con- the Department of Defense of the allegation. Secretary, and the copy of the report shall be sideration before a major decision is made Such notification shall be made in accordance transmitted to the member, not later than 30 by an element of the Department of the with regulations prescribed under subsection days after the completion of the investigation Navy outside the Marine Corps on a mat- (h). or, in the case of an investigation under sub- ter that directly concerns Marine Corps ‘‘(C) If an allegation under paragraph (1) is section (c) by an Inspector General within a aviation.’’. submitted to an Inspector General within a mili- military department, after approval of the re- (b) CLERICAL AMENDMENT.—The table of tary department and if the determination of port of that investigation under subsection sections at the beginning of such chapter that Inspector General under subparagraph (A) (c)(3)(E).’’. is amended by adding at the end the fol- is that there is not sufficient evidence to war- (2) Paragraph (2) of such subsection is amend- lowing new item: rant an investigation of the allegation, that In- ed— ‘‘5026. Consultation with Commandant of the spector General shall forward the matter to the (A) by striking out ‘‘submitted’’ after ‘‘In the Marine Corps on major decisions Inspector General of the Department of Defense copy of the report’’ and inserting in lieu thereof directly concerning Marine Corps for review. ‘‘transmitted’’; and aviation.’’. ‘‘(D) Upon determining that an investigation (B) by adding at the end the following new of an allegation under paragraph (1) is war- sentence: ‘‘However, the copy need not include TITLE X—GENERAL PROVISIONS ranted, the Inspector General making the deter- summaries of interviews conducted, nor any Subtitle A—Financial Matters mination shall expeditiously investigate the alle- document acquired, during the course of the in- Sec. 1001. Transfer authority. gation. In the case of a determination made by vestigation. Such items shall be transmitted to Sec. 1002. Incorporation of classified annex. the Inspector General of the Department of De- the member, if the member requests the items, Sec. 1003. Authorization of prior emergency fense, that Inspector General may delegate re- with the copy of the report or after the transmit- supplemental appropriations for sponsibility for the investigation to an appro- tal to the member of the copy of the report, re- fiscal year 1998. priate Inspector General within a military de- gardless of whether the request for those items is Sec. 1004. Authorization of appropriations for partment. made before or after the copy of the report is Bosnia peacekeeping operations ‘‘(E) In the case of an investigation under transmitted to the member.’’. for fiscal year 1999. subparagraph (D) within the Department of De- (3) Paragraph (3) of such subsection is amend- Sec. 1005. Partnership for Peace Information fense, the results of the investigation shall be ed by striking out ‘‘90 days’’ and inserting in Management System. determined by, or approved by, the Inspector lieu thereof ‘‘180 days’’. Sec. 1006. United States contribution to NATO General of the Department of Defense (regard- (d) REPEAL OF POST-INVESTIGATION INTER- common-funded budgets in fiscal less of whether the investigation itself is con- VIEW REQUIREMENT.—Subsection (h) of such sec- year 1999. ducted by the Inspector General of the Depart- tion is repealed. Sec. 1007. Liquidity of working-capital funds. ment of Defense or by an Inspector General (e) DEFINITION OF INSPECTOR GENERAL DE- Sec. 1008. Termination of authority to manage within a military department). FINED.—Subsection (j)(2) of such section is working-capital funds and certain ‘‘(4) Neither an initial determination under amended— activities through the Defense paragraph (3)(A) nor an investigation under (1) by redesignating subparagraph (B) as sub- Business Operations Fund. paragraph (3)(D) is required in the case of an paragraph (G) and, in that subparagraph, by Sec. 1009. Clarification of authority to retain allegation made more than 60 days after the striking out ‘‘an officer’’ and inserting in lieu recovered costs of disposals in date on which the member becomes aware of the thereof ‘‘An officer’’; working-capital funds. personnel action that is the subject of the alle- (2) by striking out subparagraph (A) and in- Sec. 1010. Crediting of amounts recovered from gation. serting in lieu thereof the following: third parties for loss or damage to ‘‘(5) The Inspector General of the Department ‘‘(A) The Inspector General of the Department personal property shipped or of Defense, or the Inspector General of the De- of Defense. stored at Government expense. H8152 CONGRESSIONAL RECORD — HOUSE September 22, 1998 Subtitle B—Naval Vessels and Shipyards Sec. 1075. Clarification of State authority to tax (1) For military personnel, in addition to the Sec. 1011. Revision to requirement for continued compensation paid to certain em- amounts authorized to be appropriated in title listing of two Iowa-class battle- ployees. IV of this Act: ships on the Naval Vessel Reg- Subtitle A—Financial Matters (A) For the Army, $297,700,000. (B) For the Navy, $9,700,000. ister. SEC. 1001. TRANSFER AUTHORITY. (C) For the Marine Corps, $2,700,000. Sec. 1012. Transfer of U.S.S. NEW JERSEY. (a) AUTHORITY TO TRANSFER AUTHORIZA- Sec. 1013. Homeporting of the U.S.S. IOWA in (D) For the Air Force, $33,900,000. TIONS.—(1) Upon determination by the Secretary (E) For the Naval Reserve, $2,200,000. San Francisco, California. of Defense that such action is necessary in the Sec. 1014. Sense of Congress concerning the (2) For operation and maintenance for the national interest, the Secretary may transfer naming of an LPD–17 vessel. Overseas Contingency Operations Transfer amounts of authorizations made available to the Sec. 1015. Reports on naval surface fire-support Fund, in addition to the total amount author- Department of Defense in this division for fiscal capabilities. ized to be appropriated for that fund in section Sec. 1016. Long-term charter of three vessels in year 1999 between any such authorizations for 301(24) of this Act, $1,512,400,000. support of submarine rescue, es- that fiscal year (or any subdivisions thereof). (b) DESIGNATION AS EMERGENCY.—Funds au- cort, and towing. Amounts of authorizations so transferred shall thorized to be appropriated in accordance with Sec. 1017. Transfer of obsolete Army tugboat. be merged with and be available for the same subsection (a) are designated as emergency re- purposes as the authorization to which trans- Subtitle C—Counter Drug Activities and quirements pursuant to section 251(b)(2)(A) of ferred. Other Assistance for Civilian Law Enforce- the Balanced Budget and Emergency Deficit (2) The total amount of authorizations that Control Act of 1985 (2 U.S.C. 901(b)(2)(A)). ment the Secretary may transfer under the authority Sec. 1021. Department of Defense support to (c) LIMITATION.—(1) Funds available for the of this section may not exceed $2,000,000,000. Department of Defense for fiscal year 1999 for other agencies for counter-drug (b) LIMITATIONS.—The authority provided by military personnel for the Army, Navy, Marine activities. this section to transfer authorizations— Corps, Air Force, or Naval Reserve or for oper- Sec. 1022. Department of Defense support of (1) may only be used to provide authority for ation and maintenance for the Overseas Contin- National Guard drug interdiction items that have a higher priority than the items gency Operations Transfer Fund may not be ob- and counter-drug activities. from which authority is transferred; and Sec. 1023. Department of Defense counter-drug (2) may not be used to provide authority for ligated or expended for Bosnia peacekeeping op- activities in transit zone. an item that has been denied authorization by erations in excess of the amount authorized to Subtitle D—Miscellaneous Report Congress. be appropriated for that purpose under sub- Requirements and Repeals (c) EFFECT ON AUTHORIZATION AMOUNTS.—A section (a). (2) The President may waive the limitation in Sec. 1031. Repeal of unnecessary and obsolete transfer made from one account to another paragraph (1) after submitting to Congress the reporting provisions. under the authority of this section shall be Sec. 1032. Report regarding use of tagging sys- deemed to increase the amount authorized for following: (A) The President’s written certification that tem to identify hydrocarbon fuels the account to which the amount is transferred the waiver is necessary in the national security used by Department of Defense. by an amount equal to the amount transferred. interests of the United States. Subtitle E—Armed Forces Retirement Home (d) NOTICE TO CONGRESS.—The Secretary shall promptly notify Congress of each transfer made (B) The President’s written certification that Sec. 1041. Appointment of Director and Deputy under subsection (a). exercising the waiver will not adversely affect Director of the Naval Home. SEC. 1002. INCORPORATION OF CLASSIFIED the readiness of United States military forces. Sec. 1042. Revision of inspection requirements (C) A report setting forth the following: relating to Armed Forces Retire- ANNEX. (a) STATUS OF CLASSIFIED ANNEX.—The Clas- (i) The reasons that the waiver is necessary in ment Home. the national security interests of the United Sec. 1043. Clarification of land conveyance au- sified Annex prepared by the committee of con- ference to accompany the conference report on States. thority, Armed Forces Retirement (ii) The specific reasons that additional fund- Home. the bill H.R. 3616 of the One Hundred Fifth Congress and transmitted to the President is ing is required for the continued presence of Subtitle F—Matters Relating to Defense hereby incorporated into this Act. United States military forces participating in, or Property (b) CONSTRUCTION WITH OTHER PROVISIONS OF supporting, Bosnia peacekeeping operations for Sec. 1051. Plan for improved demilitarization of ACT.—The amounts specified in the Classified fiscal year 1999. excess and surplus defense prop- Annex are not in addition to amounts author- (iii) A discussion of the impact on the military erty. ized to be appropriated by other provisions of readiness of United States Armed Forces of the Sec. 1052. Transfer of F–4 Phantom II aircraft this Act. continuing deployment of United States military to foundation. (c) LIMITATION ON USE OF FUNDS.—Funds ap- forces participating in, or supporting, Bosnia Subtitle G—Other Department of Defense propriated pursuant to an authorization con- peacekeeping operations. Matters tained in this Act that are made available for a (D) A supplemental appropriations request for Sec. 1061. Pilot program on alternative notice of program, project, or activity referred to in the the Department of Defense for such amounts as receipt of legal process for gar- Classified Annex may only be expended for such are necessary for the additional fiscal year 1999 nishment of Federal pay for child program, project, or activity in accordance with costs associated with United States military support and alimony. such terms, conditions, limitations, restrictions, forces participating in, or supporting, Bosnia Sec. 1062. Training of special operations forces and requirements as are set out for that pro- peacekeeping operations. with friendly foreign forces. gram, project, or activity in the Classified (d) TRANSFER AUTHORITY.—The Secretary of Sec. 1063. Research grants competitively award- Annex. Defense may transfer amounts of authorizations ed to service academies. (d) DISTRIBUTION OF CLASSIFIED ANNEX.—The made available to the Department of Defense in Sec. 1064. Department of Defense use of fre- President shall provide for appropriate distribu- subsection (a)(2) for fiscal year 1999 to any of quency spectrum. tion of the Classified Annex, or of appropriate the authorizations for that fiscal year in section Sec. 1065. Department of Defense aviation acci- portions of the annex, within the executive 301. Amounts of authorizations so transferred dent investigations. branch of the Government. shall be merged with and be available for the Sec. 1066. Investigation of actions relating to SEC. 1003. AUTHORIZATION OF PRIOR EMER- same purposes as the authorization to which 174th Fighter Wing of New York GENCY SUPPLEMENTAL APPROPRIA- transferred. The transfer authority under this Air National Guard. TIONS FOR FISCAL YEAR 1998. subsection is in addition to any other transfer Sec. 1067. Program to commemorate 50th anni- Amounts authorized to be appropriated to the authority provided in this Act. versary of the Korean War. Department of Defense for fiscal year 1998 in the (e) BOSNIA PEACEKEEPING OPERATIONS DE- Sec. 1068. Designation of America’s National National Defense Authorization Act for Fiscal FINED.—For the purposes of this section, the Maritime Museum. Year 1998 (Public Law 105–85) are hereby ad- term ‘‘Bosnia peacekeeping operations’’— Sec. 1069. Technical and clerical amendments. justed, with respect to any such authorized (1) means the operation designated as Oper- Subtitle H—Other Matters amount, by the amount by which appropriations ation Joint Forge and any other operation in- Sec. 1071. Act constituting presidential ap- pursuant to such authorization were increased volving the participation of any of the Armed proval of vessel war risk insur- (by a supplemental appropriation) or decreased Forces in peacekeeping or peace enforcement ac- ance requested by the Secretary of (by a rescission), or both, in the 1998 Supple- tivities in and around the Republic of Bosnia Defense. mental Appropriations and Rescissions Act and Herzegovina; and Sec. 1072. Extension and reauthorization of De- (Public Law 105–174). (2) includes, with respect to Operation Joint fense Production Act of 1950. SEC. 1004. AUTHORIZATION OF APPROPRIATIONS Forge or any such other operation, each activity Sec. 1073. Requirement that burial flags fur- FOR BOSNIA PEACEKEEPING OPER- that is directly related to the support of the op- nished by the Secretary of Veter- ATIONS FOR FISCAL YEAR 1999. eration. ans Affairs be wholly produced in (a) AUTHORIZATION OF APPROPRIATIONS.— SEC. 1005. PARTNERSHIP FOR PEACE INFORMA- the United States. Funds are hereby authorized to be appropriated TION SYSTEM MANAGEMENT. Sec. 1074. Sense of Congress concerning tax for the Department of Defense for fiscal year Funds authorized to be appropriated under ti- treatment of principal residence of 1999 for incremental costs of the Armed Forces tles II and III of this Act shall be available for members of Armed Forces while for Bosnia peacekeeping operations in the total the Partnership for Peace Information Manage- away from home on active duty. amount of $1,858,600,000, as follows: ment System as follows: September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8153 (1) Of the amount authorized to be appro- (3) The waiver authority under paragraph (1) ‘‘(A) Amounts necessary to recover the costs of priated under section 201(4) for Defense-wide does not apply to the limitation in subsection (d) a military construction project (as defined in activities, $2,000,000. or the limitation in section 2208(l)(3) of title 10, section 2801(b) of this title), other than a minor (2) Of the amount authorized to be appro- United States Code (as added by subsection (e)). construction project financed by the fund pur- priated under section 301(5) for Defense-wide (d) FISCAL YEAR 1999 LIMITATION ON ADVANCE suant to section 2805(c)(1) of this title. activities, $3,000,000. BILLINGS.—(1) The total amount of the advance ‘‘(B) Amounts necessary to cover costs in- SEC. 1006. UNITED STATES CONTRIBUTION TO billings rendered or imposed for the working- curred in connection with the closure or realign- NATO COMMON-FUNDED BUDGETS capital funds of the Department of Defense and ment of a military installation. IN FISCAL YEAR 1999. the Defense Business Operations Fund in fiscal ‘‘(C) Amounts necessary to recover the costs of (a) FISCAL YEAR 1999 LIMITATION.—The total year 1999— functions designated by the Secretary of De- amount contributed by the Secretary of Defense (A) for the Department of the Navy, may not fense as mission critical, such as ammunition in fiscal year 1999 for the common-funded budg- exceed $400,000,000; and handling safety, and amounts for ancillary ets of NATO may be any amount up to, but not (B) for the Department of the Air Force, may tasks not directly related to the mission of the in excess of, the amount specified in subsection not exceed $400,000,000. function or activity managed through the fund. (b) (rather than the maximum amount that (2) In paragraph (1), the term ‘‘advance bill- ‘‘(p) PROCEDURES FOR ACCUMULATION OF would otherwise be applicable to those contribu- ing’’ has the meaning given such term in section FUNDS.—The Secretary of Defense, with respect tions under the fiscal year 1998 baseline limita- 2208(l) of title 10, United States Code. to each working-capital fund of a Defense tion). (e) PERMANENT LIMITATION ON ADVANCE BIL- Agency, and the Secretary of a military depart- (b) TOTAL AMOUNT.—The amount of the limi- LINGS.—(1) Section 2208(l) of title 10, United ment, with respect to each working-capital fund tation applicable under subsection (a) is the sum States Code, is amended— of the military department, shall establish bill- of the following: (A) by redesignating paragraph (3) as para- ing procedures to ensure that the balance in (1) The amounts of unexpended balances, as graph (4); and that working-capital fund does not exceed the of the end of fiscal year 1998, of funds appro- (B) by inserting after paragraph (2) the fol- amount necessary to provide for the working- priated for fiscal years before fiscal year 1999 for lowing new paragraph (3): capital requirements of that fund, as determined payments for those budgets. ‘‘(3) The total amount of the advance billings by the Secretary. (2) The amount authorized to be appropriated rendered or imposed for all working-capital ‘‘(q) ANNUAL REPORTS AND BUDGET.—The Sec- under section 301(1) that is available for con- funds of the Department of Defense in a fiscal retary of Defense, with respect to each working- tributions for the NATO common-funded mili- year may not exceed $1,000,000,000.’’. capital fund of a Defense Agency, and the Sec- tary budget under section 314. (2) Section 2208(l)(3) of such title, as added by retary of each military department, with respect (3) The amount authorized to be appropriated paragraph (1), applies to fiscal years after fiscal to each working-capital fund of the military de- under section 201 that is available for contribu- year 1999. partment, shall annually submit to Congress, at tion for the NATO common-funded civil budget (f) SEMIANNUAL REPORT.—(1) The Under Sec- the same time that the President submits the under section 243. retary shall submit to the Committee on Armed budget under section 1105 of title 31, the follow- (4) The total amount of the contributions au- Services of the Senate and the Committee on Na- ing: thorized to be made under section 2501. tional Security of the House of Representa- ‘‘(1) A detailed report that contains a state- (c) DEFINITIONS.—For purposes of this section: tives— ment of all receipts and disbursements of the (1) COMMON-FUNDED BUDGETS OF NATO.—The (A) not later than May 1, 1999, a report on the fund (including such a statement for each sub- term ‘‘common-funded budgets of NATO’’ means administration of this section for the six-month account of the fund) for the fiscal year ending the Military Budget, the Security Investment period ending on March 31, 1999; and in the year preceding the year in which the Program, and the Civil Budget of the North At- (B) not later than November 1, 1999, a report budget is submitted. lantic Treaty Organization (and any successor on the administration of this section for the six- ‘‘(2) A detailed proposed budget for the oper- or additional account or program of NATO). month period ending on September 30, 1999. ation of the fund for the fiscal year for which (2) FISCAL YEAR 1998 BASELINE LIMITATION.— (2) Each report shall include, for the period the budget is submitted. The term ‘‘fiscal year 1998 baseline limitation’’ covered by the report, the following: ‘‘(3) A comparison of the amounts actually ex- means the maximum annual amount of Depart- (A) The profit and loss status of each work- pended for the operation of the fund for the fis- ment of Defense contributions for common-fund- ing-capital fund activity. cal year referred to in paragraph (1) with the ed budgets of NATO that is set forth as the an- (B) The actions taken by the Secretary of amount proposed for the operation of the fund nual limitation in section 3(2)(C)(ii) of the reso- each military department to use assessments of for that fiscal year in the President’s budget. lution of the Senate giving the advice and con- surcharges to correct for unbudgeted losses. ‘‘(4) A report on the capital asset subaccount sent of the Senate to the ratification of the Pro- SEC. 1008. TERMINATION OF AUTHORITY TO MAN- of the fund that contains the following informa- tocols to the North Atlantic Treaty of 1949 on AGE WORKING-CAPITAL FUNDS AND tion: the Accession of Poland, Hungary, and the CERTAIN ACTIVITIES THROUGH THE ‘‘(A) The opening balance of the subaccount Czech Republic (as defined in section 4(7) of DEFENSE BUSINESS OPERATIONS as of the beginning of the fiscal year in which that resolution), approved by the Senate on FUND. the report is submitted. April 30, 1998. (a) REVISION OF CERTAIN DBOF PROVISIONS ‘‘(B) The estimated amounts to be credited to SEC. 1007. LIQUIDITY OF WORKING-CAPITAL AND REENACTMENT TO APPLY TO WORKING-CAP- the subaccount in the fiscal year in which the FUNDS. ITAL FUNDS GENERALLY.—Section 2208 of title report is submitted. (a) INCREASED CASH BALANCES.—The Sec- 10, United States Code, is amended by adding at ‘‘(C) The estimated amounts of outlays to be retary of Defense shall administer the working- the end the following: paid out of the subaccount in the fiscal year in capital funds of the Department of Defense dur- ‘‘(m) CAPITAL ASSET SUBACCOUNTS.—Amounts which the report is submitted. ing fiscal year 1999 so as to ensure that the total charged for depreciation of capital assets shall ‘‘(D) The estimated balance of the subaccount amount of the cash balances in such funds on be credited to a separate capital asset sub- at the end of the fiscal year in which the report September 30, 1999, exceeds the total amount of account established within a working-capital is submitted. the cash balances in such funds on September fund. ‘‘(E) A statement of how much of the esti- 30, 1998, by $1,300,000,000. ‘‘(n) SEPARATE ACCOUNTING, REPORTING, AND mated balance at the end of the fiscal year in (b) ACTIONS REGARDING UNBUDGETED AUDITING OF FUNDS AND ACTIVITIES.—The Sec- which the report is submitted will be needed to LOSSES.—The Under Secretary of Defense retary of Defense, with respect to the working- pay outlays in the immediately following fiscal (Comptroller) shall take such actions regarding capital funds of each Defense Agency, and the year that are in excess of the amount to be cred- unbudgeted losses for the working-capital funds Secretary of each military department, with re- ited to the subaccount in the immediately fol- as may be necessary in order to ensure that such spect to the working-capital funds of the mili- lowing fiscal year.’’. unbudgeted losses do not preclude the Secretary tary department, shall provide for separate ac- (b) REPEAL OF AUTHORITY TO MANAGE of Defense from achieving the increase in cash counting, reporting, and auditing of funds and THROUGH THE DEFENSE BUSINESS OPERATIONS balances in working-capital funds required activities managed through the working-capital FUND.—Section 2216a of title 10, United States under subsection (a). funds. Code, and the item relating to that section in (c) WAIVER.—(1) The Secretary of Defense ‘‘(o) CHARGES FOR GOODS AND SERVICES PRO- the table of sections at the beginning of chapter may waive the requirements of this section upon VIDED THROUGH THE FUND.—(1) Charges for 131 of such title, are repealed. certifying to Congress, in writing, that the waiv- goods and services provided for an activity SEC. 1009. CLARIFICATION OF AUTHORITY TO RE- er is necessary to meet requirements associated through a working-capital fund shall include TAIN RECOVERED COSTS OF DISPOS- with— the following: ALS IN WORKING-CAPITAL FUNDS. (A) a contingency operation (as defined in ‘‘(A) Amounts necessary to recover the full Section 2210(a) of title 10, United States Code, section 101(a)(13) of title 10, United States costs of the goods and services provided for that is amended to read as follows: Code); or activity. ‘‘(a)(1) A working-capital fund established (B) an operation of the Armed Forces that ‘‘(B) Amounts for depreciation of capital as- pursuant to section 2208 of this title may retain commenced before October 1, 1998, and contin- sets, set in accordance with generally accepted so much of the proceeds of disposals of property ues during fiscal year 1999. accounting principles. referred to in paragraph (2) as is necessary to (2) The waiver authority under paragraph (1) ‘‘(2) Charges for goods and services provided recover the expenses incurred by the fund in dis- may not be delegated to any official other than through a working-capital fund may not in- posing of such property. Proceeds from the sale the Deputy Secretary of Defense. clude the following: or disposal of such property in excess of H8154 CONGRESSIONAL RECORD — HOUSE September 22, 1998 amounts necessary to recover the expenses may SEC. 1014. SENSE OF CONGRESS CONCERNING United States Code, for the charter through Sep- be credited to current applicable appropriations THE NAMING OF AN LPD–17 VESSEL . tember 30, 2003, of the following vessels: of the Department of Defense. It is the sense of Congress that, consistent (1) The CAROLYN CHOUEST (United States ‘‘(2) Paragraph (1) applies to disposals of sup- with section 1018 of the National Defense Au- official number D102057). plies, material, equipment, and other personal thorization Act for Fiscal Year 1996 (Public Law (2) The KELLIE CHOUEST (United States of- property that were not financed by stock funds 104–106; 110 Stat. 425), the Secretary of the Navy ficial number D1038519). established under section 2208 of this title.’’. should name the next vessel of the LPD–17 class (3) The DOLORES CHOUEST (United States of amphibious vessels to be named after the date SEC. 1010. CREDITING OF AMOUNTS RECOVERED official number D600288). FROM THIRD PARTIES FOR LOSS OR of the enactment of this Act as the U.S.S. Clif- SEC. 1017. TRANSFER OF OBSOLETE ARMY TUG- DAMAGE TO PERSONAL PROPERTY ton B. Cates, in honor of former Commandant of BOAT. SHIPPED OR STORED AT GOVERN- the Marine Corps Clifton B. Cates (1893–1970), a In carrying out section 1023 of the National MENT EXPENSE. native of Tennessee whose distinguished career Defense Authorization Act for Fiscal Year 1998 (a) IN GENERAL.—(1) Chapter 163 of title 10, of service in the Marine Corps included combat (Public Law 105–85; 111 Stat. 1876), the Sec- United States Code, is amended by adding at the service in World War I so heroic that he became retary of the Army may substitute the obsolete, end the following new section: the most decorated Marine Corps officer of that decommissioned tugboat Attleboro (LT–1977) for ‘‘§ 2739. Amounts recovered from third parties war, exemplary combat leadership in the Pacific the tugboat Normandy (LT–1971) as one of the for loss or damage to personal property theater during World War II from Guadalcanal two obsolete tugboats authorized to be trans- shipped or stored at Government expense: to Tinian and Iwo Jima and beyond, and ap- ferred by the Secretary under that section. crediting to appropriations pointment in 1948 as the 19th Commandant of Subtitle C—Counter Drug Activities and the Marine Corps with the rank of lieutenant ‘‘(a) CREDITING OF COLLECTIONS.—Any quali- Other Assistance for Civilian Law Enforce- general, a position from which he led the effi- ment fying military department third-party collection cient and alacritous response of the Marine shall be credited to the appropriate current ap- Corps to the invasion of the Republic of South SEC. 1021. DEPARTMENT OF DEFENSE SUPPORT TO OTHER AGENCIES FOR COUNTER- propriation. Amounts so credited shall be Korea by Communist North Korea. merged with the funds in that appropriation DRUG ACTIVITIES. SEC. 1015. REPORTS ON NAVAL SURFACE FIRE- and shall be available for the same period and (a) CONTINUATION OF AUTHORITY.—Subsection SUPPORT CAPABILITIES. (a) of section 1004 of the National Defense Au- purposes as the funds with which merged. (a) NAVY REPORT.—(1) Not later than March ‘‘(b) APPROPRIATE CURRENT APPROPRIA- thorization Act for Fiscal Year 1991 (Public Law 31, 1999, the Secretary of the Navy shall submit 101–510; 10 U.S.C. 374 note) is amended by strik- TION.—For purposes of subsection (a), the ap- to the Committee on Armed Services of the Sen- propriate current appropriation with respect to ing out ‘‘through 1999’’ and inserting in lieu ate and the Committee on National Security of thereof ‘‘through 2002’’. a qualifying military department third-party the House of Representatives a report on battle- collection is the appropriation currently avail- (b) BASES AND FACILITIES SUPPORT.—Sub- ship readiness for meeting requirements of the section (b)(4) of such section is amended— able, as of the date of the collection, for the Armed Forces for naval surface fire support. payment of claims by that military department (1) by striking out ‘‘unspecified minor con- (2) The report shall contain the following: struction’’ and inserting in lieu thereof ‘‘an un- for loss or damage of personal property shipped (A) The reasons for the Secretary’s failure to specified minor military construction project’’; or stored at Government expense. comply with the requirements of section 1011 of (2) by inserting ‘‘of the Department of Defense ‘‘(c) QUALIFYING MILITARY DEPARTMENT the National Defense Authorization Act for Fis- or any Federal, State, or local law enforcement THIRD-PARTY COLLECTIONS.—For purposes of cal Year 1996 (Public Law 104–106; 110 Stat. 421) agency’’ after ‘‘counter-drug activities’’; and subsection (a), a qualifying military department until February 1998. (3) by inserting before the period at the end third-party collection is any amount that a mili- (B) The requirements for specialized air-naval the following: ‘‘or counter-drug activities of a tary department collects under sections 3711, gunfire liaison units. foreign law enforcement agency outside the 3716, 3717, and 3721 of title 31 from a third party (C) The plans of the Navy for retaining and United States’’. for a loss or damage to personal property that maintaining 16-inch ammunition for the main (c) CONGRESSIONAL NOTIFICATION OF FACILI- occurred during shipment or storage of the prop- guns of battleships. TIES PROJECTS.—Such section is further amend- erty at Government expense and for which the (D) The plans of the Navy for retaining the hammerhead crane essential for lifting battle- ed by adding at the end the following new sec- Secretary of the military department paid the tion: owner in settlement of a claim.’’. ship turrets. (E) An estimate of the cost of reactivating ‘‘(h) CONGRESSIONAL NOTIFICATION OF FACILI- (2) The table of sections at the beginning of TIES PROJECTS.—(1) When a decision is made to such chapter is amended by adding at the end Iowa-class battleships for listing on the Naval Vessel Register, restoring the vessels to sea- carry out a military construction project de- the following new item: scribed in paragraph (2), the Secretary of De- ‘‘2739. Amounts recovered from third parties for worthiness with operational capabilities nec- essary to meet requirements for naval surface fense shall submit to the congressional defense loss or damage to personal prop- committees written notice of the decision, in- erty shipped or stored at Govern- fire-support, and maintaining the battleships in that condition for continued listing on the reg- cluding the justification for the project and the ment expense: crediting to appro- estimated cost of the project. The project may be priations.’’. ister, together with an estimate of the time nec- essary to reactivate and restore the vessels to commenced only after the end of the 21-day pe- (b) EFFECTIVE DATE.—Section 2739 of title 10, riod beginning on the date on which the written United States Code, as added by subsection (a), that condition. (F) An assessment of the short-term costs and notice is received by Congress. applies with respect to amounts collected by a the long-term costs associated with alternative ‘‘(2) Paragraph (1) applies to an unspecified military department on or after the date of the methods for executing the naval surface fire- minor military construction project that— enactment of this Act. support mission of the Navy, including the al- ‘‘(A) is intended for the modification or repair Subtitle B—Naval Vessels and Shipyards ternative of reactivating two battleships. of a Department of Defense facility for the pur- SEC. 1011. REVISION TO REQUIREMENT FOR CON- (3) The Secretary shall act through the Direc- pose set forth in subsection (b)(4); and TINUED LISTING OF TWO IOWA- tor of Expeditionary Warfare Division (N85) of ‘‘(B) has an estimated cost of more than CLASS BATTLESHIPS ON THE NAVAL the Office of the Chief of Naval Operations in $500,000.’’. VESSEL REGISTER. preparing the report. SEC. 1022. DEPARTMENT OF DEFENSE SUPPORT In carrying out section 1011 of the National (b) GAO REPORT.—(1) The Comptroller Gen- OF NATIONAL GUARD DRUG INTER- Defense Authorization Act for Fiscal Year 1996 eral shall submit to the Committee on Armed DICTION AND COUNTER-DRUG AC- (Public Law 104–106; 110 Stat. 421), the Sec- Services of the Senate and the Committee on Na- TIVITIES. (a) PROCUREMENT OF EQUIPMENT.—Subsection retary of the Navy shall list on the Naval Vessel tional Security of the House of Representatives (a)(3) of section 112 of title 32, United States Register, and maintain on that register, the fol- a report on the naval surface fire-support capa- Code, is amended— lowing two Iowa-class battleships: the U.S.S. bilities of the Navy. (1) by striking out ‘‘and leasing of equipment’’ IOWA (BB–61) and the U.S.S. WISCONSIN (2) The report shall contain the following: and inserting in lieu thereof ‘‘and equipment, (BB–64). (A) An assessment of the extent of the compli- ance by the Secretary of the Navy with the re- and the leasing of equipment,’’; and SEC. 1012. TRANSFER OF U.S.S. NEW JERSEY. (2) by adding at the end the following new The Secretary of the Navy shall strike the quirements of section 1011 of the National De- fense Authorization Act for Fiscal Year 1996 sentence: ‘‘However, the use of such funds for U.S.S. NEW JERSEY (BB–62) from the Naval the procurement of equipment may not exceed Vessel Register and shall transfer that vessel to (Public Law 104–106; 110 Stat. 421). (B) The plans of the Navy for executing the $5,000 per purchase order, unless approval for a non-for-profit entity in accordance with sec- naval surface fire-support mission of the Navy. procurement of equipment in excess of that tion 7306 of title 10, United States Code. The (C) An assessment of the short-term costs and amount is granted in advance by the Secretary Secretary shall require as a condition of the the long-term costs associated with the plans. of Defense.’’. transfer of that vessel that the transferee locate (D) An analysis of the assessment required (b) TRAINING AND READINESS.—Subsection the vessel in the State of New Jersey. under subsection (a)(2)(F). (b)(2) of such section is amended to read as fol- SEC. 1013. HOMEPORTING OF THE U.S.S. IOWA IN SEC. 1016. LONG-TERM CHARTER OF THREE VES- lows: SAN FRANCISCO, CALIFORNIA. SELS IN SUPPORT OF SUBMARINE ‘‘(2)(A) A member of the National Guard serv- It is the sense of Congress that the U.S.S. RESCUE, ESCORT, AND TOWING. ing on full-time National Guard duty under or- IOWA (BB–61) should be homeported at the Port The Secretary of the Navy may enter into con- ders authorized under paragraph (1) shall par- of San Francisco, California. tracts in accordance with section 2401 of title 10, ticipate in the training required under section September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8155 502(a) of this title in addition to the duty per- SEC. 1023. DEPARTMENT OF DEFENSE COUNTER- (3) The extent to which such tagging would formed for the purpose authorized under that DRUG ACTIVITIES IN TRANSIT ZONE. assist in determining the source of surface and paragraph. The pay, allowances, and other ben- (a) SENSE OF CONGRESS REGARDING PRIORITY underground pollution in locations having sepa- efits of the member while participating in the OF DRUG INTERDICTION AND COUNTER-DRUG AC- rate fuel storage facilities of the Department training shall be the same as those to which the TIVITIES.—It is the sense of Congress that the and of civilian companies. member is entitled while performing duty for the Secretary of Defense should— (b) SYSTEM ELEMENTS.—In preparing the re- purpose of carrying out drug interdiction and (1) ensure that the international drug inter- port, the Secretary shall ensure that any tag- counter-drug activities. The member is not enti- diction and counter-drug activities of the De- ging system for the Department of Defense con- tled to additional pay, allowances, or other ben- partment of Defense are accorded adequate re- sidered by the Secretary satisfies the following efits for participation in training required under sources within the budget allocation of the De- requirements: section 502(a)(1) of this title. partment to execute the drug interdiction and (1) The tagging system would not harm the ‘‘(B) Appropriations available for the Depart- counter-drug mission under the Global Military environment. ment of Defense for drug interdiction and Force Policy of the Department; and (2) Each chemical that would be used in the counter-drug activities may be used for paying (2) make such changes to that policy as the tagging system is— costs associated with a member’s participation Secretary considers necessary. (A) approved for use under the Toxic Sub- in training described in subparagraph (A). The (b) SUPPORT FOR COUNTER-DRUG OPERATION stances Control Act (15 U.S.C. 2601 et seq.); and (B) substantially similar to the fuel to which appropriation shall be reimbursed in full, out of CAPER FOCUS.—(1) During fiscal year 1999, the added, as determined in accordance with cri- appropriations available for paying those costs, Secretary of Defense shall make available, to teria established by the Environmental Protec- for the amounts paid. Appropriations available the maximum extent practicable, such surface tion Agency for the introduction of additives for paying those costs shall be available for vessels, maritime patrol aircraft, and personnel into hydrocarbon fuels. making the reimbursements. of the Navy as may be necessary to conduct the final phase of the counter-drug operation (3) The tagging system would permit a deter- ‘‘(C) To ensure that the use of units and per- mination if a tag is present and a determination sonnel of the National Guard of a State pursu- known as Caper Focus, which targets the mari- time movement of cocaine on vessels in the east- if the concentration of a tag has changed in ant to a State drug interdiction and counter- order to facilitate identification of tagged fuels drug activities plan does not degrade the train- ern Pacific Ocean. (2) Of the amount authorized to be appro- and detection of dilution of tagged fuels. ing and readiness of such units and personnel, (4) The tagging system would not impair or priated pursuant to section 301(20) for drug the following requirements shall apply in deter- degrade the suitability of tagged fuels for their interdiction and counter-drug activities, mining the drug interdiction and counter-drug intended use. $10,500,000 shall be available for the purpose of activities that units and personnel of the Na- (c) RECOMMENDATIONS.—The report shall in- tional Guard of a State may perform: conducting the counter-drug operation known clude any recommendations for legislation relat- ‘‘(i) The performance of the activities may not as Caper Focus. ing to the tagging of hydrocarbon fuels by the adversely affect the quality of that training or (c) PATROL COASTAL CRAFT FOR DRUG INTER- Department of Defense that the Secretary con- otherwise interfere with the ability of a member DICTION BY SOUTHERN COMMAND.—Of the siders appropriate. amount authorized to be appropriated pursuant or unit of the National Guard to perform the Subtitle E—Armed Forces Retirement Home military functions of the member or unit. to section 301(20) for drug interdiction and counter-drug activities, $14,500,000 shall be SEC. 1041. APPOINTMENT OF DIRECTOR AND DEP- ‘‘(ii) National Guard personnel will not de- UTY DIRECTOR OF THE NAVAL grade their military skills as a result of perform- available for the purpose of equipping and oper- ating six of the Cyclone-class coastal defense HOME. ing the activities. (a) APPOINTMENT AND QUALIFICATIONS OF DI- ships of the Department of Defense in the Carib- ‘‘(iii) The performance of the activities will RECTOR AND DEPUTY DIRECTOR.—Subsection (a) bean Sea and eastern Pacific Ocean in support not result in a significant increase in the cost of of section 1517 of the Armed Forces Retirement of the drug interdiction efforts of the United training. Home Act of 1991 (24 U.S.C. 417) is amended— States Southern Command. ‘‘(iv) In the case of drug interdiction and (1) in paragraph (2)— (d) RESULTING AVAILABILITY OF FUNDS FOR counter-drug activities performed by a unit or- (A) by striking out ‘‘Each Director’’ and in- COUNTERPROLIFERATION AND ganized to serve as a unit, the activities will serting in lieu thereof ‘‘The Director of the COUNTERTERRORISM ACTIVITIES.—(1) In light of United States Soldiers’ and Airmen’s Home’’; support valid unit training requirements.’’. subsection (c), of the amount authorized to be (c) ASSISTANCE TO YOUTH AND CHARITABLE and appropriated pursuant to section 301(5) for the (B) by striking out subparagraph (B) and in- ORGANIZATIONS.—Subsection (b)(3) of such sec- Special Operations Command, $4,500,000 shall be tion is amended to read as follows: serting in lieu thereof the following: available for the purpose of increased training ‘‘(B) meet the requirements of paragraph ‘‘(3) A unit or member of the National Guard and related operations in support of the activi- (4).’’; of a State may be used, pursuant to a State drug ties of the Special Operations Command regard- (2) by redesignating paragraph (3) as para- interdiction and counter-drug activities plan ap- ing counterproliferation of weapons of mass de- graph (5); and proved by the Secretary of Defense under this struction and counterterrorism. (3) by inserting after paragraph (2) the follow- section, to provide services or other assistance (2) The amount made available under this ing new paragraphs (3) and (4): (other than air transportation) to an organiza- subsection is in addition to other funds author- ‘‘(3) The Director, and any Deputy Director, tion eligible to receive services under section 508 ized to be appropriated under section 301(5) for of the Naval Home shall be appointed by the of this title if— the Special Operations Command for such pur- Secretary of Defense from among persons rec- ‘‘(A) the State drug interdiction and counter- pose. ommended by the Secretaries of the military de- drug activities plan specifically recognizes the Subtitle D—Miscellaneous Report partments who— organization as being eligible to receive the serv- Requirements and Repeals ‘‘(A) in the case of the position of Director, ices or assistance; are commissioned officers of the Armed Forces ‘‘(B) in the case of services, the performance SEC. 1031. REPEAL OF UNNECESSARY AND OBSO- serving on active duty in a pay grade above O– LETE REPORTING PROVISIONS. of the services meets the requirements of para- 5; graphs (1) and (2) of subsection (a) of section (a) HEALTH AND MEDICAL CARE STUDIES AND ‘‘(B) in the case of the position of Deputy Di- 508 of this title; and DEMONSTRATIONS.—Section 1092(a) of title 10, rector, are commissioned officers of the Armed United States Code, is amended by striking out ‘‘(C) the services or assistance is authorized Forces serving on active duty in a pay grade paragraph (3). under subsection (b) or (c) of such section or in above O–4; and (b) EXECUTED REQUIREMENT FOR BIANNUAL the State drug interdiction and counter-drug ac- ‘‘(C) meet the requirements of paragraph (4). REPORTS ON ALTERNATIVE UTILIZATION OF MILI- tivities plan’’. ‘‘(4) Each Director shall have appropriate TARY FACILITIES.—Section 2819 of the National (d) DEFINITION OF DRUG INTERDICTION AND leadership and management skills, an apprecia- Defense Authorization Act, Fiscal Year 1989 (10 COUNTER-DRUG ACTIVITIES.—Subsection (i)(1) of tion and understanding of the culture and U.S.C. 2391 note), relating to the Commission on such section is amended by inserting after ‘‘drug norms associated with military service, and sig- Alternative Utilization of Military Facilities, is interdiction and counter-drug law enforcement nificant military background.’’. repealed. activities’’ the following: ‘‘, including drug de- (b) TERM OF DIRECTOR AND DEPUTY DIREC- mand reduction activities,’’. SEC. 1032. REPORT REGARDING USE OF TAGGING TOR.—Subsection (c) of such section is amend- SYSTEM TO IDENTIFY HYDRO- ed— (e) CONFORMING AMENDMENTS.—Subsection CARBON FUELS USED BY DEPART- (1) by striking out ‘‘(c) TERM OF DIRECTOR.—’’ (a) of such section is further amended— MENT OF DEFENSE. and all that follows through ‘‘A Director’’ in (1) by striking out ‘‘for—’’ and inserting in (a) REPORT REQUIRED.—Not later than March the second sentence and inserting in lieu thereof lieu thereof ‘‘for the following:’’; 30, 1999, the Secretary of Defense shall submit to ‘‘(c) TERMS OF DIRECTORS.—(1) The term of of- (2) by striking out ‘‘the’’ at the beginning of Congress a report evaluating the following: fice of the Director of the United States Soldiers’ paragraphs (1), (2), and (3) and inserting in lieu (1) The feasibility of tagging hydrocarbon and Airmen’s Home shall be five years. The Di- thereof ‘‘The’’; fuels used by the Department of Defense for the rector’’; and (3) in paragraph (1), by striking out the semi- purposes of analyzing and identifying such (2) by adding at the end the following new colon at the end and inserting in lieu thereof a fuels. paragraph: period; and (2) The deterrent effect of such tagging on the ‘‘(2) The Director and the Deputy Director of (4) in paragraph (2), by striking out ‘‘; and’’ theft and misuse of fuels purchased by the De- the Naval Home shall serve at the pleasure of and inserting in lieu thereof a period. partment. the Secretary of Defense.’’. H8156 CONGRESSIONAL RECORD — HOUSE September 22, 1998

(c) DEFINITIONS.—Such section is further June 5, 1998, pursuant to section 1067 of the Na- ing or releasing munitions or any other combat amended by adding at the end the following tional Defense Authorization Act for Fiscal capability that it was designed to have. The new subsection: Year 1998 (Public Law 105–85; 111 Stat. 1896). Secretary is not required to repair or alter the ‘‘(g) DEFINITIONS.—In this section: The plan shall provide for the following: condition of the aircraft before conveying own- ‘‘(1) The term ‘United States Soldiers’ and (1) Implementation for all appropriate Depart- ership of the aircraft. Airmen’s Home’ means the separate facility of ment personnel of the mandatory demilitariza- (c) REVERTER UPON BREACH OF CONDITIONS.— the Retirement Home that is known as the tion training specified in Department of Defense The Secretary shall include in the instrument of United States Soldiers’ and Airmen’s Home. revised manual 4160.21–M–1. conveyance of the aircraft— ‘‘(2) The term ‘Naval Home’ means the sepa- (2) Improvement of oversight of the perform- (1) a condition that the foundation not convey rate facility of the Retirement Home that is ance of demilitarization functions and the main- any ownership interest in, or transfer possession known as the Naval Home.’’. tenance of demilitarization codes throughout of, the aircraft to any other party without the (d) EFFECTIVE DATE.—The amendments made the life cycle of defense materials. prior approval of the Secretary; by this section shall take effect on October 1, (3) Assignment of accurate demilitarization (2) a condition that the foundation operate 1998. codes and the issuance of accurate demilitariza- and maintain the aircraft in compliance with all SEC. 1042. REVISION OF INSPECTION REQUIRE- tion execution instructions during the system applicable limitations and maintenance require- MENTS RELATING TO ARMED planning phases of the acquisition process. ments imposed by the Administrator of the Fed- FORCES RETIREMENT HOME. (4) Implementation of such recommendations eral Aviation Administration; and (a) INSPECTION BY INSPECTORS GENERAL OF of the Defense Science Board task force ap- (3) a condition that if the Secretary deter- THE MILITARY DEPARTMENTS.—Section 1518 of pointed by the Under Secretary of Defense for mines at any time that the foundation has con- the Armed Forces Retirement Home Act of 1991 Acquisition and Technology to consider the con- veyed an ownership interest in, or transferred (24 U.S.C. 418) is amended to read as follows: trol of military excess and surplus property as possession of, the aircraft to any other party ‘‘SEC. 1518. INSPECTION OF RETIREMENT HOME. the Secretary of Defense considers to be appro- without the prior approval of the Secretary, or ‘‘(a) TRIENNIAL INSPECTION.—Every three priate. has failed to comply with the condition set forth years the Inspector General of a military depart- (b) DEMILITARIZATION TRAINING.—In connec- in paragraph (2), all right, title, and interest in ment shall inspect the Retirement Home, includ- tion with the demilitarization training that is and to the aircraft, including any repair or al- ing the records of the Retirement Home. required to be addressed in the plan, the Sec- teration of the aircraft, shall revert to the ‘‘(b) ALTERNATING DUTY AMONG INSPECTORS retary shall indicate the time frame for full im- United States, and the United States shall have GENERAL.—The duty to inspect the Retirement plementation of such training and the number the right of immediate possession of the aircraft. Home shall alternate among the Inspector Gen- of Department of Defense personnel to be (d) CONVEYANCE AT NO COST TO THE UNITED eral of the Army, the Naval Inspector General, trained. STATES.—The conveyance of an aircraft author- and the Inspector General of the Air Force on (c) CENTRALIZED DEMILITARIZATION FUNC- ized by this section shall be made at no cost to such schedule as the Secretary of Defense shall TIONS.—In connection with the matters specified the United States. Any costs associated with direct. in paragraphs (2) and (3) of subsection (a) that such conveyance, costs of determining compli- are required to be addressed in the plan, the ance with subsection (b), and costs of operation ‘‘(c) REPORTS.—Not later than 45 days after completing an inspection under subsection (a), Secretary shall consider options for the cen- and maintenance of the aircraft conveyed shall the Inspector General carrying out the inspec- tralization of demilitarization functions and re- be borne by the foundation. DDITIONAL TERMS AND CONDITIONS.—The tion shall submit to the Retirement Home Board, sponsibilities in a single office or agency. The (e) A Secretary may require such additional terms the Secretary of Defense, and Congress a report Secretary shall specify in the plan the respon- and conditions in connection with the convey- describing the results of the inspection and con- sible office or agency, and indicate the time ance under this section as the Secretary consid- taining such recommendations as the Inspector frame for centralizing demilitarization functions ers appropriate to protect the interests of the General considers appropriate.’’. and responsibilities, unless the Secretary deter- United States. (b) FIRST INSPECTION.—The first inspection mines that it is not practical or appropriate to (f) CLARIFICATION OF LIABILITY.—Notwith- under section 1518 of the Armed Forces Retire- centralize demilitarization functions and re- standing any other provision of law, upon the ment Home Act of 1991, as amended by sub- sponsibilities, in which case the Secretary shall conveyance of ownership of the F–4 Phantom II section (a), shall be carried out during fiscal provide the reasons for the determination. aircraft to the foundation under subsection (a), year 1999. (d) DRAFT LEGISLATION.—The Secretary shall include in the plan any draft legislation that the United States shall not be liable for any SEC. 1043. CLARIFICATION OF LAND CONVEY- the Secretary considers appropriate to clarify death, injury, loss, or damage that results from ANCE AUTHORITY, ARMED FORCES RETIREMENT HOME. the authority of the Government to recover criti- any use of that aircraft by any person other than the United States. Section 1053 of the National Defense Author- cal and sensitive defense property that has been ization Act for Fiscal Year 1997 (Public Law inadequately demilitarized. Subtitle G—Other Department of Defense (e) RELATED REPORTS.—(1) The Secretary 104–201; 110 Stat. 2650) is amended— Matters shall submit with the plan— (1) in subsection (a), by striking out ‘‘may SEC. 1061. PILOT PROGRAM ON ALTERNATIVE NO- (A) a copy of recommendations of the Defense convey, by sale or otherwise,’’ and inserting in TICE OF RECEIPT OF LEGAL PROC- Science Board task force referred to in sub- lieu thereof ‘‘shall convey by sale’’; and ESS FOR GARNISHMENT OF FED- section (a)(4); and (2) by striking out subsection (b) and inserting ERAL PAY FOR CHILD SUPPORT AND (B) a copy of the report prepared by an inde- ALIMONY. in lieu thereof the following new subsection (b): pendent contractor in accordance with the Sec- (a) PROGRAM REQUIRED.—The Secretary of ‘‘(b) MANNER, TERMS AND CONDITIONS OF DIS- retary’s report referred to in subsection (a), at Defense shall conduct a pilot program on alter- POSAL.—(1) The sale under subsection (a) shall the request of the Defense Logistics Agency, to native notice procedures for withholding or gar- be made to a neighboring nonprofit organization address options for centralizing demilitarization nishment of pay for the payment of child sup- from whose extensive educational and chari- responsibilities, including a central demilitariza- port and alimony under section 459 of the Social table services the public benefits and has bene- tion office and a central system for coding and Security Act (42 U.S.C. 659). fited from for more than 100 years, or an entity maintaining demilitarization codes through the (b) PURPOSE.—The purpose of the pilot pro- or entities related to such organization, and life cycle of the property involved. gram is to test the efficacy of providing notice in whose substantial investment in the neighbor- (2) With respect to the report of the independ- accordance with subsection (c) to the person hood is consistent with the continued existence ent contractor described in paragraph (1)(B), whose pay is to be withheld or garnished. and purpose of the Armed Forces Retirement the Secretary shall provide an evaluation of the (c) AUTHORIZATION OF ALTERNATIVE TO PRO- Home. recommendations contained in the report and VIDING COPY OF NOTICE OR SERVICE RECEIVED ‘‘(2) As consideration for the real property any plans by the Secretary for implementing the BY THE SECRETARY.—(1) Under the pilot pro- conveyance under subsection (a), the purchaser recommendations. gram, whenever the Secretary of Defense (acting selected under paragraph (1) shall pay to the SEC. 1052. TRANSFER OF F–4 PHANTOM II AIR- through the DOD section 459 agent) provides a United States an amount equal to the fair mar- CRAFT TO FOUNDATION. section 459 notice to an individual, the Sec- ket value of the real property at its highest and (a) AUTHORITY.—The Secretary of the Air retary may include as part of that notice the in- best economic use, as determined by the Armed Force may convey, without consideration, to the formation specified in subsection (e) in lieu of Forces Retirement Home Board, based on an Collings Foundation, Stow, Massachusetts (in sending with that notice a copy (otherwise re- independent appraisal.’’. this section referred to as the ‘‘foundation’’), all quired pursuant to the parenthetical phrase in Subtitle F—Matters Relating to Defense right, title, and interest of the United States in section 459(c)(2)(A) of the Social Security Act) of Property and to one surplus F–4 Phantom II aircraft. The the notice or service received by the DOD sec- SEC. 1051. PLAN FOR IMPROVED DEMILITARIZA- conveyance shall be made by means of a condi- tion 459 agent with respect to that individual’s TION OF EXCESS AND SURPLUS DE- tional deed of gift. child support or alimony payment obligations. FENSE PROPERTY. (b) CONDITION OF AIRCRAFT.—The Secretary (2) Under the pilot program, whenever the (a) PLAN REQUIRED.—Not later than March 1, may not convey ownership of the aircraft under Secretary of Defense (acting through the DOD 1999, the Secretary of Defense shall submit to subsection (a) until the Secretary determines section 5520a agent) provides a section 5520a no- Congress a plan to address the problems with that the foundation has altered the aircraft in tice to an individual, the Secretary may include the sale or other disposal of excess and surplus such manner as the Secretary determines nec- as part of that notice the information specified defense materials identified in the report submit- essary to ensure that the aircraft does not have in subsection (e) in lieu of sending with that no- ted to Congress by the Secretary of Defense on any capability for use as a platform for launch- tice a copy (otherwise required pursuant to the September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8157 second parenthetical phrase in section 5520a(c) (5) The number of individuals who requested intendent of the Academy to accept qualifying of the title 5, United States Code) of the legal the DOD section 5520a agent to provide to them research grants under this section. Any such process received by the DOD section 5520a agent a copy of the actual legal process. grant may only be accepted if the work under with respect to that individual. (6) Any complaint the Secretary received by the grant is to be carried out by a professor or (d) DEFINITIONS.—For purposes of this sec- reason of not having provided the actual legal instructor of the Academy for a scientific, lit- tion: process in the section 5520a notice. erary, or educational purpose. (1) DOD SECTION 459 AGENT.—The term ‘‘DOD SEC. 1062. TRAINING OF SPECIAL OPERATIONS ‘‘(b) QUALIFYING GRANTS.—A qualifying re- section 459 agent’’ means the agent or agents FORCES WITH FRIENDLY FOREIGN search grant under this section is a grant that designated by the Secretary of Defense under FORCES. is awarded on a competitive basis by an entity subsection (c)(1)(A) of section 459 of the Social (a) REQUIREMENT FOR PRIOR APPROVAL OF referred to in subsection (c) for a research SECRETARY OF DEFENSE.—Subsection (c) of sec- Security Act (42 U.S.C. 659) to receive orders project with a scientific, literary, or educational tion 2011 of title 10, United States Code, is and accept service of process in matters related purpose. amended by inserting after the first sentence the to child support or alimony. ‘‘(c) ENTITIES FROM WHICH GRANTS MAY BE following new sentence: ‘‘The regulations shall (2) SECTION 459 NOTICE.—The term ‘‘section 459 ACCEPTED.—A grant may be accepted under this require that training activities may be carried notice’’ means, with respect to the Department section only from a corporation, fund, founda- out under this section only with the prior ap- of Defense, the notice required by subsection tion, educational institution, or similar entity proval of the Secretary of Defense.’’. that is organized and operated primarily for sci- (c)(2)(A) of section 459 of the Social Security Act (b) ELEMENTS OF ANNUAL REPORT.—Sub- entific, literary, or educational purposes. (42 U.S.C. 659) to be sent to an individual in section (e) of such section is amended by adding ‘‘(d) ADMINISTRATION OF GRANT FUNDS.—The writing upon the receipt by the DOD section 459 at the end the following new paragraphs: agent of notice or service with respect to the in- ‘‘(5) A summary of the expenditures under Secretary shall establish an account for admin- dividual’s child support or alimony payment ob- this section resulting from the training for istering funds received as research grants under ligations. which expenses were paid under this section. this section. The Superintendent shall use the (3) DOD SECTION 5520A AGENT.—The term ‘‘(6) A discussion of the unique military train- funds in the account in accordance with appli- ‘‘DOD section 5520a agent’’ means a person who ing benefit to United States special operations cable regulations and the terms and conditions is designated by law or regulation to accept forces derived from the training activities for of the grants received. service of process to which the Department of which expenses were paid under this section.’’. ‘‘(e) RELATED EXPENSES.—Subject to such lim- Defense is subject under section 5520a of title 5, SEC. 1063. RESEARCH GRANTS COMPETITIVELY itations as may be provided in appropriations United States Code (including the regulations AWARDED TO SERVICE ACADEMIES. Acts, appropriations available for the Academy promulgated under subsection (k) of that sec- (a) UNITED STATES MILITARY ACADEMY.—(1) may be used to pay expenses incurred by the tion). Chapter 403 of title 10, United States Code, is Academy in applying for, and otherwise pursu- (4) SECTION 5520A NOTICE.—The term ‘‘section amended by adding at the end the following ing, award of a qualifying research grant. 5520a notice’’ means, with respect to the Depart- new section: ‘‘(f) REGULATIONS.—The Secretary of the ment of Defense, the notice required by sub- ‘‘§ 4358. Grants for faculty research for sci- Navy shall prescribe regulations for the admin- section (c) of section 5520a of title 5, United entific, literary, and educational purposes: istration of this section.’’. States Code, to be sent in writing to an employee acceptance; authorized grantees (2) The table of sections at the beginning of such chapter is amended by adding at the end (or, pursuant to the regulations promulgated ‘‘(a) ACCEPTANCE OF RESEARCH GRANTS.—The under subsection (k) of that section, to a mem- Secretary of the Army may authorize the Super- the following new item: ber of the Armed Forces) upon the receipt by the intendent of the Academy to accept qualifying ‘‘6977. Grants for faculty research for scientific, DOD section 5520a agent of legal process cov- research grants under this section. Any such literary, and educational pur- ered by that section. grant may only be accepted if the work under poses: acceptance; authorized (e) ALTERNATIVE REQUIREMENTS.—The infor- the grant is to be carried out by a professor or grantees.’’. mation referred to in subsection (c) that is to be instructor of the Academy for a scientific, lit- SEC. 1064. DEPARTMENT OF DEFENSE USE OF included as part of a section 459 notice or sec- erary, or educational purpose. FREQUENCY SPECTRUM. tion 5520a notice sent to an individual (in lieu ‘‘(b) QUALIFYING GRANTS.—A qualifying re- (a) FINDING.—Congress finds that the report of sending with that notice a copy of the notice search grant under this section is a grant that submitted to Congress by the Secretary of De- or service received by the DOD section 459 agent is awarded on a competitive basis by an entity fense on April 2, 1998, regarding the reallocation or the DOD section 5520a agent) is the follow- referred to in subsection (c) for a research of the frequency spectrum used or dedicated to ing: project with a scientific, literary, or educational the Department of Defense and the intelligence (1) A description of the pertinent court order, purpose. community does not include a discussion of the notice to withhold, or other order, process, or ‘‘(c) ENTITIES FROM WHICH GRANTS MAY BE costs to the Department of Defense that are as- interrogatory received by the DOD section 459 ACCEPTED.—A grant may be accepted under this sociated with past and potential future realloca- agent or the DOD section 5520a agent. section only from a corporation, fund, founda- tions of the frequency spectrum, although such (2) The identity of the court or judicial forum tion, educational institution, or similar entity a discussion was to be included in the report as involved and (in the case of a notice or process that is organized and operated primarily for sci- directed in connection with the enactment of the concerning the ordering of a support or alimony entific, literary, or educational purposes. National Defense Authorization Act for Fiscal ‘‘(d) ADMINISTRATION OF GRANT FUNDS.—The obligation) the case number, the amount of the Year 1998. Secretary shall establish an account for admin- obligation, and the name of the beneficiary. (b) ADDITIONAL REPORT.—The Secretary of (3) Information on how the individual may istering funds received as research grants under Defense shall, not later than October 31, 1998, obtain from the Department of Defense a copy this section. The Superintendent shall use the submit to the Committee on Armed Services of of the notice, service, or legal process, including funds in the account in accordance with appli- the Senate and the Committee on National Secu- an address and telephone number that the indi- cable regulations and the terms and conditions rity of the House of Representatives a report vidual may be contact for the purpose of obtain- of the grants received. that discusses the costs referred to in subsection ‘‘(e) RELATED EXPENSES.—Subject to such lim- ing such a copy. (a). itations as may be provided in appropriations (f) PERIOD OF PILOT PROGRAM.—The Sec- (c) RELOCATION OF FEDERAL FREQUENCIES.— Acts, appropriations available for the Academy retary shall commence the pilot program not Section 113(g)(1) of the National Telecommuni- may be used to pay expenses incurred by the later than 90 days after the date of the enact- cations and Information Administration Organi- Academy in applying for, and otherwise pursu- ment of this Act. The pilot program shall termi- zation Act (47 U.S.C. 923(g)(1)) is amended— ing, award of a qualifying research grant. nate on September 30, 2001. (1) by striking out ‘‘(1) IN GENERAL.—In ‘‘(f) REGULATIONS.—The Secretary of the (g) REPORT.—Not later than January 1, 2001, Army shall prescribe regulations for the admin- order’’ and inserting in lieu thereof the follow- the Secretary shall submit to Congress a report istration of this section.’’. ing: describing the experience of the Department of (2) The table of sections at the beginning of ‘‘(1) IN GENERAL.— Defense under the authority provided by this such chapter is amended by adding at the end ‘‘(A) AUTHORITY OF FEDERAL ENTITIES TO AC- section. The report shall include the following: the following new item: CEPT COMPENSATION.—In order’’; (1) The number of section 459 notices provided (2) in subparagraph (A), as so designated, by ‘‘4358. Grants for faculty research for scientific, by the DOD section 459 agent during the period striking out the second, third, and fourth sen- literary, and educational pur- the authority provided by this section was in ef- tences and inserting in lieu thereof the follow- poses: acceptance; authorized fect. ing: ‘‘Any such Federal entity which proposes grantees.’’. (2) The number of individuals who requested to so relocate shall notify the NTIA, which in the DOD section 459 agent to provide to them a (b) UNITED STATES NAVAL ACADEMY.—(1) turn shall notify the Commission, before the copy of the actual notice or service. Chapter 603 of title 10, United States Code, is auction concerned of the marginal costs antici- (3) Any complaint the Secretary received by amended by adding at the end the following pated to be associated with such relocation or reason of not having provided the actual notice new section: with modifications necessary to accommodate or service in the section 459 notice. ‘‘§ 6977. Grants for faculty research for sci- prospective licensees. The Commission in turn (4) The number of section 5520a notices pro- entific, literary, and educational purposes: shall notify potential bidders of the estimated vided by the DOD section 5520a agent during acceptance; authorized grantees relocation or modification costs based on the ge- the period the authority provided by this section ‘‘(a) ACCEPTANCE OF RESEARCH GRANTS.—The ographic area covered by the proposed licenses was in effect. Secretary of the Navy may authorize the Super- before the auction.’’; and H8158 CONGRESSIONAL RECORD — HOUSE September 22, 1998

(3) by adding at the end the following: (5) An assessment of the advisability of cen- (b) INITIAL DESIGNATION OF MUSEUMS.—The ‘‘(B) REQUIREMENT TO COMPENSATE FEDERAL tralized training and instruction for military following museums (meeting the criteria speci- ENTITIES.—Any person on whose behalf a Fed- aircraft accident investigators. fied in subsection (a)) are hereby designated as eral entity incurs costs under subparagraph (A) (c) UNIFORM REGULATIONS FOR PROVISION OF museums of America’s National Maritime Mu- shall compensate the Federal entity in advance ACCIDENT INVESTIGATION UPDATE INFORMA- seum: for such costs. Such compensation may take the TION.—The Secretary of Defense shall prescribe (1) The Mariners’ Museum, located at 100 Mu- form of a cash payment or in-kind compensa- regulations, which shall be applied uniformly seum Drive, Newport News, Virginia. tion. across the Department of Defense, establishing (2) The South Street Seaport Museum, located ‘‘(C) DISPOSITION OF PAYMENTS.— procedures by which the military departments at 207 Front Street, New York, New York. ‘‘(i) PAYMENT BY ELECTRONIC FUNDS TRANS- shall provide to the family members of any per- (c) FUTURE DESIGNATION OF OTHER MUSEUMS FER.—A person making a cash payment under son involved in a military aviation accident NOT PRECLUDED.—The designation of the muse- this paragraph shall make the cash payment by periodic update reports on the conduct and ums referred to in subsection (b) as museums of depositing the amount of the payment by elec- progress of investigations into the accident. America’s National Maritime Museum does not tronic funds transfer in the account of the Fed- SEC. 1066. INVESTIGATION OF ACTIONS RELAT- preclude the designation by law after the date eral entity concerned in the Treasury of the ING TO 174TH FIGHTER WING OF of the enactment of this Act of any other mu- United States or in another account as author- NEW YORK AIR NATIONAL GUARD. seum that meets the criteria specified in sub- ized by law. (a) INVESTIGATION.—The Inspector General of section (a) as a museum of America’s National ‘‘(ii) AVAILABILITY.—Subject to the provisions the Department of Defense shall conduct a new Maritime Museum. of authorization Acts and appropriations Acts, investigation into the circumstances that led to (d) REFERENCE TO MUSEUMS.—Any reference amounts deposited under this subparagraph the December 1, 1995, grounding of the 174th in any law, map, regulation, document, paper, shall be available to the Federal entity con- Fighter Wing of the New York Air National or other record of the United States to a museum cerned to pay directly the costs of relocation Guard. The investigation shall review those cir- designated by law to be a museum of America’s under this paragraph, to repay or make ad- cumstances, examine the administrative and dis- National Maritime Museum shall be deemed to vances to appropriations or funds which do or ciplinary actions taken against members of that be a reference to that museum as a museum of will initially bear all or part of such costs, or to wing, and determine whether those administra- America’s National Maritime Museum. refund excess sums when necessary. tive and disciplinary measures were appro- SEC. 1069. TECHNICAL AND CLERICAL AMEND- ‘‘(D) APPLICATION TO CERTAIN OTHER RELOCA- priate. MENTS. TIONS.—The provisions of this paragraph also (b) REPORT.—Not later than 180 days after the (a) TITLE 10, UNITED STATES CODE.—Title 10, apply to any Federal entity that operates a Fed- date of the enactment of this Act, the Inspector United States Code, is amended as follows: eral Government station assigned to used elec- General shall submit to the Committee on Armed (1) The item relating to section 484 in the table tromagnetic spectrum identified for reallocation Services of the Senate and the Committee on Na- of sections at the beginning of chapter 23 is under subsection (a) if before August 5, 1997, the tional Security of the House of Representatives amended to read as follows: Commission has not identified that spectrum for a report describing the results of the investiga- ‘‘484. Annual report on aircraft inventory.’’. service or assigned licenses or otherwise author- tion under subsection (a). ized service for that spectrum. (2) Section 517(a) is amended by striking out SEC. 1067. PROGRAM TO COMMEMORATE 50TH AN- ‘‘Except as provided in section 307 of title 37, ‘‘(E) IMPLEMENTATION PROCEDURES.—The NIVERSARY OF THE KOREAN WAR. the’’ and inserting in lieu thereof ‘‘The’’. NTIA and the Commission shall develop proce- (a) LIMITATION ON EXPENDITURES.—Sub- (3) The item relating to section 2302c in the dures for the implementation of this paragraph, section (f) of section 1083 of the National De- table of sections at the beginning of chapter 137 which procedures shall include a process for re- fense Authorization Act for Fiscal Year 1998 is amended to read as follows: solving any differences that arise between the (Public Law 105–85; 111 Stat. 1918; 10 U.S.C. 113 Federal Government and commercial licensees note) is amended to read as follows: ‘‘2302c. Implementation of electronic commerce regarding estimates of relocation or modification ‘‘(f) LIMITATION ON EXPENDITURES.—The total capability.’’. costs under this paragraph. amount expended by the Department of Defense (4) The table of subchapters at the beginning ‘‘(F) INAPPLICABILITY TO CERTAIN RELOCA- to carry out the commemorative program for fis- of chapter 148 is amended— TIONS.—With the exception of the band of fre- cal year 1999 may not exceed $1,820,000.’’. (A) by striking out ‘‘2491’’ in the item relating quencies located at 1710–1755 megahertz, the (b) REDESIGNATION OF COMMEMORATION AC- to subchapter I and inserting in lieu thereof provisions of this paragraph shall not apply to COUNT.—The account in the Treasury known as ‘‘2500’’; and Federal spectrum identified for reallocation in the ‘‘Department of Defense Korean Conflict (B) by striking out the item relating to sub- the first reallocation report submitted to the Commemoration Account’’ is redesignated as the chapter IV and inserting in lieu thereof the fol- President and Congress under subsection (a).’’. ‘‘Department of Defense Korean War Commemo- lowing: (d) REPORTS ON COSTS OF RELOCATIONS.—The ration Account’’. ‘‘IV. Manufacturing Technology .... 2521’’. head of each department or agency of the Fed- (c) OTHER REFERENCES TO KOREAN WAR.— (5) The subchapter heading for subchapter IV eral Government shall include in the annual Such section is further amended— budget submission of such department or agency (1) in the section heading, by striking out of chapter 148 is amended to read as follows: to the Director of the Office of Management and ‘‘Korean conflict’’ and inserting in lieu thereof ‘‘SUBCHAPTER IV—MANUFACTURING Budget a report assessing the costs to be in- ‘‘Korean War’’; TECHNOLOGY’’ curred by such department or agency as a result (2) by striking out ‘‘Korean conflict’’ each (6) Section 7045(c) is amended by striking out of any frequency relocations of such department place it appears and inserting in lieu thereof ‘‘the’’ after ‘‘are subject to’’. or agency that are anticipated under section 113 ‘‘Korean War’’; (7) Section 7572(b) is repealed. of the National Telecommunications Informa- (3) in subsection (c), by striking out ‘‘names (8) Section 12683(b)(2) is amended by striking tion Administration Organization Act (47 U.S.C. ‘The Department of Defense Korean Conflict out ‘‘; or’’ at the end and inserting in lieu there- 923) as of the date of such report. Commemoration’,’’ and inserting in lieu thereof of a period. SEC. 1065. DEPARTMENT OF DEFENSE AVIATION ‘‘name the ‘Department of Defense Korean War (b) PUBLIC LAW 105–85.—Effective as of No- ACCIDENT INVESTIGATIONS. Commemoration’,’’; and vember 18, 1997, and as if included therein as (a) REPORT REQUIRED.—Not later than March (4) in subsection (d)(1), by striking out ‘‘Ko- enacted, the National Defense Authorization 31, 1999, the Secretary of Defense shall submit to rean Conflict’’ and inserting in lieu thereof Act for Fiscal Year 1998 (Public Law 105–85) is Congress a report on the roles of the Office of ‘‘Korean War’’. amended as follows: the Secretary of Defense and of the Joint Staff (d) CROSS REFERENCES.—Any reference to the (1) Section 389(g) (111 Stat. 1715) is amended in the investigation of Department of Defense Department of Defense Korean Conflict Com- by striking out ‘‘Secretary of Defense’’ and in- aviation accidents. memoration or the Department of Defense Ko- serting in lieu thereof ‘‘Comptroller General’’. (b) CONTENT OF REPORT.—The report shall in- rean Conflict Commemoration Account in any (2) Section 1006(a) (111 Stat. 1869) is amended clude the following: law, regulation, document, record, or other by striking out ‘‘or’’ in the quoted matter and (1) An assessment of whether the Office of the paper of the United States shall be considered to inserting in lieu thereof ‘‘and’’. Secretary of Defense and the Joint Staff should be a reference to the Department of Defense Ko- (3) Section 3133(b)(3) (111 Stat. 2036) is amend- have more direct involvement in the investiga- rean War Commemoration or the Department of ed by striking out ‘‘III’’ and inserting in lieu tion of military aviation accidents. Defense Korean War Commemoration Account, thereof ‘‘XIV’’. (2) The advisability of the Office of the Sec- respectively. (c) DEFENSE AGAINST WEAPONS OF MASS DE- retary of Defense, the Joint Staff, or another SEC. 1068. DESIGNATION OF AMERICA’S NA- STRUCTION ACT OF 1996.—The Defense Against Department of Defense entity independent of TIONAL MARITIME MUSEUM. Weapons of Mass Destruction Act of 1996 (title the military departments supervising the con- (a) IN GENERAL.—America’s National Mari- XIV of Public Law 104–201) is amended as fol- duct of aviation accident investigations. time Museum is comprised of those museums des- lows: (3) An assessment of the minimum training ignated by law to be museums of America’s Na- (1) Section 1423(b)(4) (50 U.S.C. 2332(b)(4); 110 and experience required for aviation accident tional Maritime Museum on the basis that Stat. 2726) is amended by striking out ‘‘(22 investigation board presidents and board mem- they— U.S.C. 2156a(c))’’ and inserting in lieu thereof bers. (1) house a collection of maritime artifacts ‘‘(42 U.S.C. 2139a(c))’’. (4) An assessment whether or not the proce- clearly representing the Nation’s maritime herit- (2) Section 1441(b)(2) (50 U.S.C. 2351(b)(2); 110 dures for sharing the results of military aviation age; and Stat. 2727) is amended by striking out ‘‘estab- accident investigations among the military de- (2) provide outreach programs to educate the lished under section 1342’’ and inserting in lieu partments should be improved. public about the Nation’s maritime heritage. thereof ‘‘of the National Security Council’’. September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8159 (3) Section 1444 (50 U.S.C. 2354; 110 Stat. 2730) ‘‘(B) the processing (including spinning, United States for personal services as an em- is amended by striking out ‘‘1341’’ and ‘‘1342’’ weaving, dyeing, and finishing) of such mate- ployee of the United States at a hydroelectric and inserting in lieu thereof ‘‘1441’’ and ‘‘1442’’, rials and components is entirely performed in facility— respectively. the United States; and ‘‘(1) which is owned by the United States; (4) Section 1453(1) (50 U.S.C. 2363(1); 110 Stat. ‘‘(C) the manufacture and assembling of such ‘‘(2) which is located on the Missouri River; 2730) is amended by striking out ‘‘the National materials and components into the flag is en- and Defense Authorization Act for Fiscal Years 1993 tirely performed in the United States.’’. ‘‘(3) portions of which are within the States of and 1994’’ and inserting in lieu thereof ‘‘title (b) EFFECTIVE DATE.—Subsection (g) of sec- South Dakota and Nebraska, XIV of the National Defense Authorization Act tion 2301 of title 38, United States Code, as shall be subject to taxation by the State or any for Fiscal Year 1993 (Public Law 102–484; 22 added by subsection (a), shall apply to flags political subdivision thereof of which such em- U.S.C. 5901 et seq.)’’. procured by the Secretary of Veterans Affairs ployee is a resident.’’. (d) OTHER ACTS.— for the purposes of section 2301 of title 38, (2) EFFECTIVE DATE.—The amendment made (1) Section 18(c)(1) of the Office of Federal United States Code, after the end of the 30-day by this subsection shall apply to pay and com- Procurement Policy Act (41 U.S.C. 416(c)(1)) is period beginning on the date of the enactment pensation paid after the date of the enactment amended by striking out the period at the end of of this Act. of this Act. subparagraph (A) and inserting in lieu thereof a SEC. 1074. SENSE OF CONGRESS CONCERNING TITLE XI—DEPARTMENT OF DEFENSE semicolon. TAX TREATMENT OF PRINCIPAL RES- CIVILIAN PERSONNEL (2) Section 3(c)(2) of Public Law 101–533 (22 IDENCE OF MEMBERS OF ARMED U.S.C. 3142(c)(2)) is amended by striking out FORCES WHILE AWAY FROM HOME Sec. 1101. Defense Advanced Research Projects ‘‘included in the most recent plan submitted to ON ACTIVE DUTY. Agency experimental personnel the Congress under section 2506 of title 10’’ and It is the sense of Congress that a member of management program for tech- inserting in lieu thereof ‘‘identified in the most the Armed Forces should be treated for purposes nical personnel. recent assessment prepared under section 2505 of of section 121 of the Internal Revenue Code of Sec. 1102. Maximum pay rate comparability for title 10’’. 1986 as using property as a principal residence faculty members of the United (e) COORDINATION WITH OTHER AMEND- during any continuous period that the member States Air Force Institute of Tech- MENTS.—For purposes of applying amendments is serving on active duty for 180 days or more nology. made by provisions of this Act other than provi- with the Armed Forces, but only if the member Sec. 1103. Authority for release to Coast Guard sions of this section, this section shall be treated used the property as a principal residence for of drug test results of civil service as having been enacted immediately before the any period during or immediately before that mariners of the Military Sealift other provisions of this Act. period of active duty. Command. Sec. 1104. Limitations on back pay awards. Subtitle H—Other Matters SEC. 1075. CLARIFICATION OF STATE AUTHORITY Sec. 1105. Restoration of annual leave accumu- SEC. 1071. ACT CONSTITUTING PRESIDENTIAL AP- TO TAX COMPENSATION PAID TO lated by civilian employees at in- CERTAIN EMPLOYEES. PROVAL OF VESSEL WAR RISK IN- stallations in the Republic of (a) LIMITATION ON STATE AUTHORITY TO TAX SURANCE REQUESTED BY THE SEC- Panama to be closed pursuant to RETARY OF DEFENSE. COMPENSATION PAID TO INDIVIDUALS PERFORM- the Panama Canal Treaty of 1977. (a) IN GENERAL.—Section 1205(b) of the Mer- ING SERVICES AT FORT CAMPBELL, KENTUCKY.— Sec. 1106. Repeal of program providing pref- chant Marine Act, 1936 (46 U.S.C. App. 1285(b)), (1) IN GENERAL.—Chapter 4 of title 4, United erence for employment of military is amended by adding at the end the following States Code, is amended by adding at the end spouses in military child care fa- new sentence: ‘‘The signature of the President the following: cilities. (or of an official designated by the President) on ‘‘§ 115. Limitation on State authority to tax Sec. 1107. Observance of certain holidays at the agreement shall be treated as an expression compensation paid to individuals perform- duty posts outside the United of the approval required under section 1202(a) to ing services at Fort Campbell, Kentucky States. provide the insurance.’’. ‘‘Pay and compensation paid to an individual Sec. 1108. Continuation of random drug testing (b) EFFECTIVE DATE.—The amendment made for personal services at Fort Campbell, Ken- program for certain Department by subsection (a) shall apply only to a signature tucky, shall be subject to taxation by the State of Defense employees. of the President (or of an official designated by or any political subdivision thereof of which Sec. 1109. Department of Defense employee vol- the President) on or after the date of the enact- such employee is a resident.’’. untary early retirement authority. ment of this Act. (2) CONFORMING AMENDMENT.—The table of SEC. 1101. DEFENSE ADVANCED RESEARCH SEC. 1072. EXTENSION AND REAUTHORIZATION sections for chapter 4 of title 4, United States PROJECTS AGENCY EXPERIMENTAL OF DEFENSE PRODUCTION ACT OF PERSONNEL MANAGEMENT PRO- 1950. Code, is amended by adding at the end the fol- lowing: GRAM FOR TECHNICAL PERSONNEL. (a) EXTENSION OF TERMINATION DATE.—Sec- (a) PROGRAM AUTHORIZED.—During the five- ‘‘115. Limitation on State authority to tax com- tion 717(a) of the Defense Production Act of 1950 year period beginning on the date of the enact- pensation paid to individuals per- (50 U.S.C. App. 2166(a)) is amended by striking ment of this Act, the Secretary of Defense may forming services at Fort Campbell, ‘‘September 30, 1998’’ and inserting ‘‘September carry out a program of experimental use of the Kentucky.’’. 30, 1999’’. special personnel management authority pro- (b) EXTENSION OF AUTHORIZATION.—Section (3) EFFECTIVE DATE.—The amendments made vided in subsection (b) in order to facilitate re- 711(b) of the Defense Production Act of 1950 (50 by this subsection shall apply to pay and com- cruitment of eminent experts in science or engi- U.S.C. App. 2161(b)) is amended by striking pensation paid after the date of the enactment neering for research and development projects ‘‘and 1998’’ and inserting ‘‘1998, and 1999’’. of this Act. administered by the Defense Advanced Research SEC. 1073. REQUIREMENT THAT BURIAL FLAGS (b) CLARIFICATION OF STATE AUTHORITY TO Projects Agency. FURNISHED BY THE SECRETARY OF TAX COMPENSATION PAID TO CERTAIN FEDERAL (b) SPECIAL PERSONNEL MANAGEMENT AU- VETERANS AFFAIRS BE WHOLLY EMPLOYEES.— PRODUCED IN THE UNITED STATES. THORITY.—Under the program, the Secretary (1) IN GENERAL.—Section 111 of title 4, United may— (a) REQUIREMENT.—Section 2301 of title 38, States Code, is amended— United States Code, as amended by section 517, (1) appoint scientists and engineers from out- (A) by inserting ‘‘(a) GENERAL RULE.—’’ be- side the civil service and uniformed services (as is further amended by adding at the end the fol- fore ‘‘The United States’’ the first place it ap- lowing new subsection: such terms are defined in section 2101 of title 5, pears; and United States Code) to not more than 20 sci- ‘‘(g)(1) The Secretary may not procure any (B) by adding at the end the following: flag for the purposes of this section that is not entific and engineering positions in the Defense ‘‘(b) TREATMENT OF CERTAIN FEDERAL EM- Advanced Research Projects Agency without re- wholly produced in the United States. PLOYEES EMPLOYED AT FEDERAL HYDRO- ‘‘(2)(A) The Secretary may waive the require- gard to any provision of title 5, United States ELECTRIC FACILITIES LOCATED ON THE COLUMBIA ment of paragraph (1) if the Secretary deter- Code, governing the appointment of employees RIVER.—Pay or compensation paid by the in the civil service; mines— United States for personal services as an em- ‘‘(i) that the requirement cannot be reason- (2) prescribe the rates of basic pay for posi- ployee of the United States at a hydroelectric ably met; or tions to which employees are appointed under ‘‘(ii) that compliance with the requirement facility— paragraph (1) at rates not in excess of the maxi- would not be in the national interest of the ‘‘(1) which is owned by the United States; mum rate of basic pay authorized for senior- ‘‘(2) which is located on the Columbia River; United States. level positions under section 5376 of title 5, ‘‘(B) The Secretary shall submit to Congress and United States Code, notwithstanding any provi- in writing notice of a determination under sub- ‘‘(3) portions of which are within the States of sion of such title governing the rates of pay or paragraph (A) not later than 30 days after the Oregon and Washington, classification of employees in the executive date on which such determination is made. shall be subject to taxation by the State or any branch; and ‘‘(3) For the purpose of paragraph (1), a flag political subdivision thereof of which such em- (3) pay any employee appointed under para- shall be considered to be wholly produced in the ployee is a resident. graph (1) payments in addition to basic pay United States only if— ‘‘(c) TREATMENT OF CERTAIN FEDERAL EM- within the limit applicable to the employee ‘‘(A) the materials and components of the flag PLOYEES EMPLOYED AT FEDERAL HYDRO- under subsection (d)(1). are entirely grown, manufactured, or created in ELECTRIC FACILITIES LOCATED ON THE MISSOURI (c) LIMITATION ON TERM OF APPOINTMENT.— the United States; RIVER.—Pay or compensation paid by the (1) Except as provided in paragraph (2), the H8160 CONGRESSIONAL RECORD — HOUSE September 22, 1998 service of an employee under an appointment SEC. 1103. AUTHORITY FOR RELEASE TO COAST an employee at a duty post outside the United under subsection (b)(1) may not exceed four GUARD OF DRUG TEST RESULTS OF States whose basic workweek is other than Mon- years. CIVIL SERVICE MARINERS OF THE day through Friday, and for whom Monday is (2) The Secretary may, in the case of a par- MILITARY SEALIFT COMMAND. a regularly scheduled workday, the legal public (a) IN GENERAL.—Chapter 643 of title 10, ticular employee, extend the period to which holiday is the first workday of the workweek in United States Code, is amended by adding at the service is limited under paragraph (1) by up to which the Monday designated for the observ- end the following new section: two years if the Secretary determines that such ance of such holiday under subsection (a) oc- action is necessary to promote the efficiency of ‘‘§ 7479. Civil service mariners of Military Sea- curs.’’. the Defense Advanced Research Projects Agen- lift Command: release of drug test results to SEC. 1108. CONTINUATION OF RANDOM DRUG cy. Coast Guard TESTING PROGRAM FOR CERTAIN (d) LIMITATIONS ON ADDITIONAL PAYMENTS.— ‘‘(a) RELEASE OF DRUG TEST RESULTS TO DEPARTMENT OF DEFENSE EMPLOY- (1) The total amount of the additional payments COAST GUARD.—The Secretary of the Navy may EES. paid to an employee under subsection (b)(3) for release to the Commandant of the Coast Guard (a) CONTINUATION OF EXISTING PROGRAM.— any 12-month period may not exceed the least of the results of a drug test of any employee of the The Secretary of Defense shall continue to ac- the following amounts: Department of the Navy who is employed in any tively carry out the drug testing program, origi- (A) $25,000. capacity on board a vessel of the Military Sea- nally required by section 3(a) of Executive Order (B) The amount equal to 25 percent of the em- lift Command. Any such release shall be in ac- 12564 (51 Fed. Reg. 32889; September 15, 1986), ployee’s annual rate of basic pay. cordance with the standards and procedures ap- involving civilian employees of the Department (C) The amount of the limitation that is appli- plicable to the disclosure and reporting to the of Defense who are considered to be employees cable for a calendar year under section Coast Guard of drug tests results and drug test in sensitive positions. The Secretary shall com- 5307(a)(1) of title 5, United States Code. records of individuals employed on vessels docu- ply with the drug testing procedures prescribed (2) An employee appointed under subsection mented under the laws of the United States. pursuant to section 4 of the Executive Order. (b)(1) is not eligible for any bonus, monetary ‘‘(b) WAIVER.—The results of a drug test of an (b) TESTING UPON REASONABLE SUSPICION OF award, or other monetary incentive for service employee may be released under subsection (a) ILLEGAL DRUG USE.—The Secretary of Defense except for payments authorized under sub- without the prior written consent of the em- shall ensure that the drug testing program re- section (b)(3). ployee that is otherwise required under section ferred to in subsection (a) authorizes the testing (e) PERIOD OF PROGRAM.—(1) The program 503(e) of the Supplemental Appropriations Act, of a civilian employee of the Department of De- authorized under this section shall terminate at 1987 (5 U.S.C. 7301 note).’’. fense for illegal drug use when there is a reason- the end of the five-year period referred to in (b) CLERICAL AMENDMENT.—The table of sec- able suspicion that the employee uses illegal subsection (a). tions at the beginning of such chapter is amend- drugs. (2) After the termination of the program— ed by adding at the end the following new item: (c) NOTIFICATION TO APPLICANTS.—The Sec- (A) no appointment may be made under para- ‘‘7479. Civil service mariners of Military Sealift retary of Defense shall notify persons who graph (1) of subsection (b); Command: release of drug test re- apply for employment with the Department of (B) a rate of basic pay prescribed under para- sults to Coast Guard.’’. Defense that, as a condition of employment by graph (2) of that subsection may not take effect SEC. 1104. LIMITATIONS ON BACK PAY AWARDS. the Department, the person may be required to for a position; and (a) In General.—Section 5596(b) of title 5, submit to drug testing under the drug testing (C) no period of service may be extended United States Code, is amended— program required by Executive Order 12564 (51 under subsection (c)(1). (1) by redesignating paragraph (4) as para- Fed. Reg. 32889; September 15, 1986) pursuant to (f) SAVINGS PROVISIONS.—In the case of an graph (5); and the terms of the Executive Order. employee who, on the day before the termi- (2) by inserting after paragraph (3) the follow- (d) DEFINITIONS.—In this section, the terms nation of the program, is serving in a position ing new paragraph: ‘‘illegal drugs’’ and ‘‘employee in a sensitive po- pursuant to an appointment under subsection ‘‘(4) The pay, allowances, or differentials sition’’ have the meanings given such terms in (b)(1)— granted under this section for the period for section 7 of Executive Order 12564 (51 Fed. Reg. (1) the termination of the program does not which an unjustified or unwarranted personnel 32889; September 15, 1986). terminate the employee’s employment in that po- action was in effect shall not exceed that au- SEC. 1109. DEPARTMENT OF DEFENSE EMPLOYEE sition before the expiration of the lesser of— thorized by the applicable law, rule, regula- VOLUNTARY EARLY RETIREMENT AU- (A) the period for which the employee was ap- tions, or collective bargaining agreement under THORITY. pointed; or which the unjustified or unwarranted personnel (a) CIVIL SERVICE RETIREMENT SYSTEM.—Sec- (B) the period to which the employee’s service action is found, except that in no case may pay, tion 8336 of title 5, United States Code, is is limited under subsection (c), including any allowances, or differentials be granted under amended— extension made under paragraph (2) of that sub- this section for a period beginning more than 6 (1) in subsection (d)(2), by inserting ‘‘except in section before the termination of the program; years before the date of the filing of a timely ap- the case of an employee described in subsection and peal or, absent such filing, the date of the ad- (o)(1),’’ after ‘‘(2)’’; and (2) the rate of basic pay prescribed for the po- ministrative determination.’’. (2) by adding at the end the following: sition under subsection (b)(2) may not be re- (b) CONFORMING AMENDMENT.—Section 7121 of ‘‘(o)(1) An employee of the Department of De- duced for so long (within the period applicable title 5, United States Code, is amended by add- fense who is separated from the service under to the employee under paragraph (1)) as the em- ing at the end the following new subsection: conditions described in paragraph (2) after com- ployee continues to serve in the position without ‘‘(h) Settlements and awards under this chap- pleting 25 years of service or after becoming 50 a break in service. ter shall be subject to the limitations in section years of age and completing 20 years of service (g) ANNUAL REPORT.—(1) Not later than Octo- 5596(b)(4) of this title.’’. is entitled to an annuity. ber 15 of each year, beginning in 1999 and end- SEC. 1105. RESTORATION OF ANNUAL LEAVE AC- ‘‘(2) Paragraph (1) applies to an employee ing in 2004, the Secretary of Defense shall sub- CUMULATED BY CIVILIAN EMPLOY- who— mit a report on the program to the Committee on EES AT INSTALLATIONS IN THE RE- ‘‘(A) has been employed continuously by the Armed Services of the Senate and the Committee PUBLIC OF PANAMA TO BE CLOSED Department of Defense for more than 30 days PURSUANT TO THE PANAMA CANAL on National Security of the House of Represent- before the date on which the Secretary con- TREATY OF 1977. cerned requests the determinations required atives. The report submitted in a year shall Section 6304(d)(3)(A) of title 5, United States under in subparagraph (D)(i); cover the 12-month period ending on the day be- Code, is amended by inserting ‘‘the closure of an fore the anniversary, in that year, of the date of ‘‘(B) is serving under an appointment that is installation of the Department of Defense in the not limited by time; the enactment of this Act. Republic of Panama in accordance with the (2) The annual report shall contain, for the ‘‘(C) has not received a decision notice of in- Panama Canal Treaty of 1977,’’ after ‘‘2687 voluntary separation for misconduct or unac- period covered by the report, the following: note) during any period,’’. (A) A detailed discussion of the exercise of au- ceptable performance that is pending decision; SEC. 1106. REPEAL OF PROGRAM PROVIDING thority under this section. and PREFERENCE FOR EMPLOYMENT OF ‘‘(D) is separated from the service voluntarily (B) The sources from which individuals ap- MILITARY SPOUSES IN MILITARY pointed under subsection (b)(1) were recruited. CHILD CARE FACILITIES. during a period in which— (C) The methodology used for identifying and Section 1792 of title 10, United States Code, is ‘‘(i) the Department of Defense or the military selecting such individuals. amended— department or subordinate organization within (D) Any additional information that the Sec- (1) by striking out subsection (d); and the Department of Defense or military depart- retary considers helpful for assessing the utility (2) by redesignating subsection (e) as sub- ment in which the employee is serving is under- of the authority under this section. section (d). going a major reorganization, a major reduction SEC. 1102. MAXIMUM PAY RATE COMPARABILITY SEC. 1107. OBSERVANCE OF CERTAIN HOLIDAYS in force, or a major transfer of function, and FOR FACULTY MEMBERS OF THE AT DUTY POSTS OUTSIDE THE employees comprising a significant percentage of UNITED STATES AIR FORCE INSTI- UNITED STATES. the employees serving in that department or or- TUTE OF TECHNOLOGY. Section 6103(b) of title 5, United States Code, ganization are to be separated or subject to an Section 9314(b)(2)(B) of title 10, United States is amended by inserting after paragraph (2) the immediate reduction in the rate of basic pay Code, is amended by striking out ‘‘section following new paragraph: (without regard to subchapter VI of chapter 53, 5306(e)’’ and inserting in lieu thereof ‘‘section ‘‘(3) Instead of a holiday that is designated or comparable provisions of law), as determined 5373’’. under subsection (a) to occur on a Monday, for by the Office of Personnel Management (under September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8161 regulations prescribed by the Office) upon the (c) CONFORMING AMENDMENTS.—(1) Section (5) With that certification, the President sub- request of the Secretary concerned; and 8339(h) of such title is amended by striking out mitted to Congress a report stating that the goal ‘‘(ii) the employee is within the scope of an ‘‘or (j)’’ in the first sentence and inserting in of the military presence in Bosnia and offer of voluntary early retirement (as defined lieu thereof ‘‘(j), or (o)’’. Herzegovina is to establish the conditions under by organizational unit, occupational series or (2) Section 8464(a)(1)(A)(i) of such title is which implementation of the Dayton Accords level, geographical location, any other similar amended by striking out ‘‘or (b)(1)(B)’’ and in- can continue without the support of a major factor that the Office of Personnel Management serting in lieu thereof ‘‘, (b)(1)(B), or (d)’’. NATO-led military force and setting forth the determines appropriate, or any combination of (d) EFFECTIVE DATE; APPLICABILITY.—The criteria for determining when that goal has been such definitions of scope), as determined by the amendments made by this section— accomplished. Secretary concerned under regulations pre- (1) shall take effect on October 1, 2000; and (6) Since the administration has not specified scribed by the Office. (2) shall apply with respect to an approval for how long achievement of that goal is expected to ‘‘(3) In this subsection, the term ‘Secretary voluntary early retirement made on or after that take, the mission of United States ground com- concerned’ means— date. bat forces in Bosnia and Herzegovina is essen- ‘‘(A) the Secretary of Defense, with respect to TITLE XII—MATTERS RELATING TO OTHER tially of indefinite duration. an employee of the Department of Defense not NATIONS (7) The NATO operations plan for the Sta- employed in a position in a military department; Subtitle A—United States Armed Forces in bilization Force (Operations Plan 10407, which ‘‘(B) the Secretary of the Army, with respect Bosnia and Herzegovina went into effect on June 20, 1998, after approval to an employee of the Department of the Army; by allied foreign ministers) incorporates all of ‘‘(C) the Secretary of the Navy, with respect Sec. 1201. Findings. Sec. 1202. Sense of Congress. the benchmarks set forth in the report referred to an employee of the Department of the Navy; Sec. 1203. Presidential reports. to in paragraph (5) and states that the Sta- and Sec. 1204. Secretary of Defense reports on oper- bilization Force will develop detailed criteria for ‘‘(D) the Secretary of the Air Force, with re- ations in Bosnia and assessing progress in achieving those bench- spect to an employee of the Department of the Herzegovina. marks in close coordination with key inter- Air Force.’’. Sec. 1205. Definitions. national organizations participating in civilian (b) FEDERAL EMPLOYEES’ RETIREMENT SYS- implementation of the Dayton Accords. Subtitle B—Matters Relating to Contingency TEM.—Section 8414 of such title is amended— (8) The military representatives of NATO Operations (1) in subsection (b)(1)(B), by inserting ‘‘ex- member nations have been tasked by the North cept in the case of an employee described in sub- Sec. 1211. Report on involvement of Armed Atlantic Council to provide estimates of the time section (d)(1),’’ after ‘‘(B)’’; and Forces in contingency and ongo- likely to be required for implementation of the (2) by adding at the end the following: ing operations. Dayton Accords. Sec. 1212. Submission of report on objectives of ‘‘(d)(1) An employee of the Department of De- (9) NATO has decided to conduct formal re- a contingency operation with re- fense who is separated from the service under views when appropriate (but at intervals of not quests for funding for the oper- conditions described in paragraph (2) after com- more than six months) to assess the security sit- ation. pleting 25 years of service or after becoming 50 uation and the progress being made in the im- years of age and completing 20 years of service Subtitle C—Matters Relating to NATO and plementation of the civil aspects of the Dayton is entitled to an annuity. Europe Accords. Those reviews will enable the Alliance ‘‘(2) Paragraph (1) applies to an employee Sec. 1221. Limitation on United States share of to make decisions as to reductions in the size or who— costs of NATO expansion. the Stabilization Force, leading to its eventual ‘‘(A) has been employed continuously by the Sec. 1222. Report on military capabilities of an full withdrawal. Department of Defense for more than 30 days expanded NATO alliance. (10) NATO has approved the creation of a before the date on which the Secretary con- Sec. 1223. Reports on the development of the multinational specialized unit of gendarmes or cerned requests the determinations required European security and defense paramilitary police composed of European secu- under subparagraph (D)(i); identity. rity forces to help promote public security in ‘‘(B) is serving under an appointment that is Bosnia and Herzegovina as a part of the post- not limited by time; Subtitle D—Other Matters June 1998 mission for the Stabilization Force. ‘‘(C) has not received a decision notice of in- Sec. 1231. Limitation on assignment of United (11) The limit established for spending by the voluntary separation for misconduct or unac- States forces for certain United United States for the defense discretionary ceptable performance that is pending decision; Nations purposes. budget category for fiscal year 1998 in the Bal- and Sec. 1232. Prohibition on restriction of Armed ‘‘(D) is separated from the service voluntarily Forces under Kyoto Protocol to anced Budget and Emergency Deficit Control during a period in which— the United Nations Framework Act of 1985 does not take into account the con- ‘‘(i) the Department of Defense or the military Convention on Climate Change. tinued deployment of United States forces in department or subordinate organization within Sec. 1233. Defense burdensharing. Bosnia and Herzegovina after June 30, 1998, the Department of Defense or military depart- Sec. 1234. Transfer of excess UH–1 Huey and leading to the request by the President for emer- ment in which the employee is serving is under- AH–1 Cobra helicopters to foreign gency supplemental appropriations for the Bos- going a major reorganization, a major reduction countries. nia and Herzegovina mission through September in force, or a major transfer of function, and Sec. 1235. Transfers of naval vessels to certain 30, 1998. employees comprising a significant percentage of foreign countries. (12) Amounts for Department of Defense oper- the employees serving in that department or or- Sec. 1236. Repeal of landmine moratorium. ations in Bosnia and Herzegovina during fiscal Sec. 1237. Application of authorities under the ganization are to be separated or subject to an year 1999 were not included in the budget of the International Emergency Eco- immediate reduction in the rate of basic pay President for fiscal year 1999, as submitted to nomic Powers Act to Communist (without regard to subchapter VI of chapter 53, Congress on February 2, 1998. Chinese military companies. or comparable provisions of law), as determined (13) The President requested $1,858,600,000 in by the Office of Personnel Management (under Subtitle A—United States Armed Forces in emergency appropriations in his March 4, 1998, regulations prescribed by the Office) upon the Bosnia and Herzegovina amendment to the fiscal year 1999 budget to cover the shortfall in funding in fiscal year 1999 request of the Secretary concerned; and SEC. 1201. FINDINGS. ‘‘(ii) the employee is within the scope of an Congress makes the following findings: for the costs of extending the mission in Bosnia. offer of voluntary early retirement (as defined (1) The contributions of the people of the SEC. 1202. SENSE OF CONGRESS. by organizational unit, occupational series or United States and other nations have, in large (a) SENSE OF CONGRESS CONCERNING UNITED level, geographical location, any other similar measure, resulted in the suspension of fighting STATES FORCES AND ACCOMPLISHMENT OF TASKS factor that the Office of Personnel Management and alleviated the suffering of the people of IN BOSNIA AND HERZEGOVINA.—It is the sense of determines appropriate, or any combination of Bosnia and Herzegovina since December 1995. Congress that— such definitions of scope), as determined by the (2) The United States has expended approxi- (1) United States ground combat forces should Secretary concerned under regulations pre- mately $9,500,000,000 between 1992 and mid-1998 not remain in Bosnia and Herzegovina indefi- scribed by the Office. just in support of the United States military op- nitely in view of the worldwide commitments of ‘‘(3) In this subsection, the term ‘Secretary erations in Bosnia to achieve those results. the Armed Forces of the United States; concerned’ means— (3) Efforts to restore the economy and political (2) the President should work with NATO al- ‘‘(A) the Secretary of Defense, with respect to structure in Bosnia and Herzegovina have lies and the other nations whose military forces an employee of the Department of Defense not achieved some success in accordance with the are participating in the NATO-led Stabilization employed in a position in a military department; Dayton Accords. Force to withdraw United States ground combat ‘‘(B) the Secretary of the Army, with respect (4) On March 3, 1998, the President certified to forces from Bosnia and Herzegovina within a to an employee of the Department of the Army; Congress (A) that the continued presence of reasonable period of time, consistent with the ‘‘(C) the Secretary of the Navy, with respect United States forces in Bosnia and Herzegovina safety of those forces and the accomplishment of to an employee of the Department of the Navy; after June 30, 1998, was required in order to the Stabilization Force’s military tasks; and meet the national security interests of the (3) a NATO-led force without the participa- ‘‘(D) the Secretary of the Air Force, with re- United States, and (B) that United States Armed tion of United States ground combat forces in spect to an employee of the Department of the Forces will not serve as, or be used as, civil po- Bosnia and Herzegovina might be suitable for a Air Force.’’. lice in Bosnia and Herzegovina. follow-on force for Bosnia and Herzegovina if H8162 CONGRESSIONAL RECORD — HOUSE September 22, 1998 the European Security and Defense Identity is extent, if any, to which members of the Armed manders of the unified combatant commands. not sufficiently developed or is otherwise consid- Forces of the United States are participating (or Such information shall include information on ered inappropriate for such a mission; and are to participate) in the force. the effects of those operations on anticipated de- (4) the United States may decide to provide (4) The military and nonmilitary missions that ployment plans for major theater wars in South- appropriate support to a Western European the President has directed for United States west Asia or on the Korean peninsula, including Union-led or NATO-led follow-on force for Bos- forces in Bosnia and Herzegovina, including a the following: nia and Herzegovina, including command and specific discussion of— (1) Deficiencies or delays in deployment of control, intelligence, logistics, and, if necessary, (A) the mission of those forces, if any, in con- strategic lift, logistics support and infrastruc- a ready reserve force in the region. nection with the pursuit and apprehension of ture, ammunition (including precision guided (b) SENSE OF CONGRESS CONCERNING PRESI- war criminals; munitions), support forces, intelligence assets, DENTIAL ACTIONS.—It is the sense of Congress (B) the mission of those forces, if any, in con- follow-on forces used for planned that the President— nection with civilian police functions; counteroffensives, and similar forces. (1) should inform the European NATO allies (C) the mission of those forces, if any, in con- (2) Additional planned reserve component mo- of the expression of the sense of Congress in nection with the resettlement of refugees; and bilization, including specific units to be ordered subsection (a) and should strongly urge them to (D) the missions undertaken by those forces, if to active duty and required dates for activation undertake preparations for establishing a West- any, in support of international and local civil- of presidential call-up authority. ern European Union-led or a NATO-led force as ian authorities. (3) Specific plans and timelines for redeploy- a follow-on force to the Stabilization Force if (5) An assessment of the risk for the United ment of United States forces from Bosnia and needed to maintain peace and stability in Bos- States forces in Bosnia and Herzegovina, in- Herzegovina, the Balkans region, or supporting nia and Herzegovina; and cluding, for each mission identified pursuant to forces in the region, to both the first and second (2) should consult closely with the congres- paragraph (4), the assessment of the Chairman major theater war. sional leadership and the congressional defense of the Joint Chiefs of Staff regarding the nature (4) Preventative actions or deployments in- committees with respect to the progress being and level of risk of the mission for the safety volving United States forces in Bosnia and made toward achieving a sustainable peace in and well-being of United States military person- Herzegovina and the Balkans region that would Bosnia and Herzegovina and the progress being nel. be taken in the event of a single theater war to made toward a reduction and ultimate with- (6) An assessment of the cost to the United deter the outbreak of a second theater war. drawal of United States ground combat forces States, by fiscal year, of carrying out the mis- (5) Specific plans and timelines to replace from Bosnia and Herzegovina. sions identified pursuant to paragraph (4) and a forces deployed to Bosnia and Herzegovina, the detailed projection of any additional funding Balkans region, or the surrounding region to (c) SENSE OF CONGRESS CONCERNING DEFENSE that will be required by the Department of De- maintain United States military presence. BUDGET.—It is the sense of Congress that— (6) An assessment, undertaken in consultation (1) the President should include in the budget fense to meet mission requirements for those op- with the Chairman of the Joint Chiefs of Staff for the Department of Defense that the Presi- erations for the remainder of the fiscal year. (7) A joint assessment by the Secretary of De- and the commanders of the unified combatant dent submits to Congress under section 1105(a) fense and the Secretary of State of the status of commands, of the level of increased risk to suc- of title 31, United States Code, for each fiscal planning for— cessful conduct of the major theater wars and year sufficient amounts to pay for any proposed (A) the assumption of all remaining military the maintenance of security and stability in continuation of the participation of United missions inside Bosnia and Herzegovina by Eu- Bosnia and Herzegovina and the Balkans re- States forces in NATO operations in Bosnia and ropean military and paramilitary forces; and gion, by the requirement to redeploy forces from Herzegovina during that fiscal year; and (B) the establishment and support of a for- Bosnia and the Balkans in the event of a major (2) amounts included in the budget for the ward-based United States rapid response force theater war. purpose stated in paragraph (1) should be over outside of Bosnia and Herzegovina that would and above the defense discretionary estimates as SEC. 1205. DEFINITIONS. be capable of deploying rapidly to defeat mili- identified in the Bipartisan Budget Agreement As used in this subtitle: tary threats to a European follow-on force in- of May 16, 1997 and the fiscal year 1998 concur- (1) DAYTON PEACE ACCORDS.—The term ‘‘Day- side Bosnia and Herzegovina and of providing rent budget resolution and not be transferred ton Peace Accords’’ means the General Frame- whatever logistical, intelligence, and air support from amounts in the budget of any other agency work Agreement for Peace in Bosnia and is needed to ensure that a European follow-on of the executive branch, but instead should be Herzegovina, initialed by the parties in Dayton, force is fully capable of accomplishing its mis- an overall increase in the budget for the Depart- Ohio, on November 21, 1995, and signed in Paris sions under the Dayton Accords. ment of Defense and the discretionary spending on December 14, 1995. (2) STABILIZATION FORCE.—The term ‘‘Sta- limits in the Balanced Budget Act of 1997. SEC. 1204. SECRETARY OF DEFENSE REPORTS ON OPERATIONS IN BOSNIA AND bilization Force’’ means the NATO-led force in SEC. 1203. PRESIDENTIAL REPORTS. HERZEGOVINA. Bosnia and Herzegovina and other countries in (a) REQUIRED REPORTS.—The President shall (a) REPORT ON EFFECTS ON CAPABILITIES OF the region (referred to as ‘‘SFOR’’), authorized ensure that the semiannual reports required by UNITED STATES MILITARY FORCES.—Not later under United Nations Security Council Resolu- section 7(b) of the general provisions of chapter than December 15, 1998, the Secretary of Defense tion 1088 (December 12, 1996). I of the 1998 Supplemental Appropriations and shall submit to the congressional defense com- (3) NATO.—The term ‘‘NATO’’ means the Rescissions Act (Public Law 105–174; 112 Stat. mittees a report on the effects of military oper- North Atlantic Treaty Organization. 64) are submitted to Congress in a timely man- ations in Bosnia and Herzegovina and the Bal- Subtitle B—Matters Relating to Contingency ner as long as United States ground combat kans region on the capabilities of United States Operations forces continue to participate in the Stabiliza- military forces. The report shall, in particular, tion Force (SFOR). In addition, whenever the SEC. 1211. REPORT ON INVOLVEMENT OF ARMED describe the effects of those operations on the FORCES IN CONTINGENCY AND ON- President submits to Congress a request for capability of United States military forces to GOING OPERATIONS. funds for continued operations of United States conduct successfully two nearly simultaneous (a) REPORT REQUIRED.—Not later than Janu- forces in Bosnia and Herzegovina, the President major theater wars as specified in current De- ary 31, 1999, the Secretary of Defense shall sub- shall submit a supplemental report providing in- fense Planning Guidance and in accordance mit to the Committee on Armed Services of the formation to update Congress on developments with the deployment timelines called for in the Senate and the Committee on National Security since the last semiannual report. war plans of the commanders of the unified of the House of Representatives a report on the (b) REQUIRED INFORMATION.—In addition to combatant commands. involvement of the Armed Forces in major con- the information required by the section referred (b) ADDITIONAL REPORTS.—Whenever the tingency operations and major ongoing oper- to in subsection (a) to be included in a report number of United States ground combat forces ations since the end of the Persian Gulf War. under that section, each report under that sec- in Bosnia and Herzegovina increases or de- The report shall include the following: tion or under subsection (a) shall include the creases by 20 percent or more compared to the (1) A discussion of the effects of the involve- following: number of such forces as of the most recent pre- ment of the Armed Forces in those operations on (1) The expected duration of the deployment vious report under this section, the Secretary retention of personnel in the Armed Forces, of United States ground combat forces in Bosnia shall submit an additional report as specified in shown in the aggregate and separately for offi- and Herzegovina in support of implementation subsection (a). Any such additional report shall cers and enlisted personnel. of the benchmarks set forth in the President’s be submitted within 30 days of the date on (2) The extent to which the use of combat sup- report of March 3, 1998 (referred to in section which the requirement to submit the report be- port and combat service support personnel and 1201(5)) for achieving a sustainable peace proc- comes effective under the preceding sentence. equipment of the Armed Forces in those oper- ess. (c) MATTERS TO BE INCLUDED.—The Secretary ations has resulted in shortages of Armed Forces (2) The percentage of those benchmarks that shall include in each report under this section personnel and equipment in other regions of the have been completed as of the date of the report, information with respect to the effects of mili- world. the percentage that are expected to be completed tary operations in Bosnia and Herzegovina and (3) The accounts from which funds have been within the next reporting period, and the ex- the Balkans region on the capabilities of United drawn to pay for those operations and the spe- pected time for completion of the remaining States military forces to conduct successfully cific programs for which those funds were avail- tasks. two nearly simultaneous major theater wars as able until diverted to pay for those operations. (3) The status of the NATO force of gendarmes specified in current Defense Planning Guidance (4) For each such operation— or paramilitary police, including the mission of and in accordance with the deployment (A) a statement of the vital interests of the the force, the composition of the force, and the timelines called for in the war plans of the com- United States that are involved in the operation September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8163 or, if none, the interests of the United States Subtitle C—Matters Relating to NATO and and cumulatively) of each current and new alli- that are involved in the operation and a charac- Europe ance member nation— terization of those interests; SEC. 1221. LIMITATION ON UNITED STATES (A) including planned investments in capabili- (B) a statement of what clear and distinct ob- SHARE OF COSTS OF NATO EXPAN- ties pursuant to Article V to ensure that— jectives guide the activities of United States SION. (i) the nation’s military force structure, de- forces in the operation; and (a) LIMITATION.—The United States share of fense planning, command structures, and force goals promote NATO’s capacity to project power (C) a statement of what the President has defined NATO expansion costs may not exceed when the security of a NATO member is threat- identified on the basis of those objectives as the the lesser of— (1) the amount equal to 25 percent of those ened; and date, or the set of conditions, that defines the (ii) NATO members possess national military end of the operation. costs; or (2) $2,000,000,000. capabilities to rapidly deploy forces over long (b) FORM OF REPORT.—The report shall be (b) DEFINED NATO EXPANSION COSTS.—For distances, sustain operations for extended peri- submitted in unclassified form, but may also be purposes of subsection (a), the term ‘‘defined ods, and operate jointly with the United States submitted in a classified form if necessary. NATO expansion costs’’ means the commonly in high intensity conflicts as well as potential (c) MAJOR OPERATION DEFINED.—For the pur- funded costs of the North Atlantic Treaty Orga- alliance contingency operations; poses of this section, a contingency operation or nization (NATO) during fiscal years 1999 (B) showing both planned national efforts as an ongoing operation is a major contingency op- through 2011 for enlargement of NATO due to well as planned alliance common efforts; and eration or a major ongoing operation, respec- the admission to NATO of Poland, Hungary, (C) describing any deficiencies in investments tively, if the operation involves the deployment and the Czech Republic. by current or new alliance member nations. of more than 500 members of the Armed Forces. (5) A detailed comparison and description of SEC. 1222. REPORT ON MILITARY CAPABILITIES the differences in scope, methodology, and as- OF AN EXPANDED NATO ALLIANCE. SEC. 1212. SUBMISSION OF REPORT ON OBJEC- sessments of common alliance or national re- TIVES OF A CONTINGENCY OPER- (a) REPORT.—The Secretary of Defense shall sponsibilities, or any other factor related to alli- ATION WITH REQUESTS FOR FUND- prepare a report, in both classified and unclassi- ance capabilities between (A) the report on alli- ING FOR THE OPERATION. fied form, on the planned future military capa- ance expansion costs prepared by the Depart- (a) FINDINGS.—Congress makes the following bilities of the North Atlantic Treaty Organiza- ment of Defense (in the report submitted to Con- findings: tion (NATO) with the anticipated accession of gress in February 1998 entitled ‘‘Report to the Poland, the Czech Republic, and Hungary to (1) On May 3, 1994, the President issued Presi- Congress on the Military Requirements and the NATO alliance. The report shall set forth dential Decision Directive 25 declaring that Costs of NATO Enlargement’’), and (B) the re- the following: American participation in United Nations and port on alliance expansion costs prepared by (1) An assessment of the tactical, operational, other peace operations would depend in part on NATO collectively and referred to as the and strategic military requirements, including whether the role of United States forces is tied ‘‘NATO estimate’’, issued at Brussels in Novem- interoperability, reinforcement, and force mod- to clear objectives and an endpoint for United ber 1997. States participation can be identified. ernization issues, as well as strategic and terri- (6) Any other factor that, in the judgment of (2) Between that date and mid-1998, the Presi- torial issues, that are raised by the inclusion of the Secretary of Defense, bears upon the strate- dent and other executive branch officials have Poland, the Czech Republic, and Hungary in gic, operational, or tactical military capabilities obligated or requested appropriations of ap- the NATO alliance. of an expanded NATO alliance. (2) The minimum military requirements to be proximately $9,400,000,000 for military-related (c) SUBMISSION OF REPORT.—The report shall operations throughout Bosnia and Herzegovina satisfied by those countries before accession to be submitted to Congress not later than March without providing to Congress, in conjunction the NATO alliance in April 1999. 15, 1999. (3) The improvements to common alliance mili- with the budget submission for any fiscal year, SEC. 1223. REPORTS ON THE DEVELOPMENT OF a strategic plan for such operations under the tary assets that are necessary as a result of ex- THE EUROPEAN SECURITY AND DE- criteria set forth in that Presidential Decision panding the NATO alliance to include those na- FENSE IDENTITY. Directive. tions. (a) REQUIREMENT FOR REPORTS.—The Sec- (4) The improvements to national capabilities (3) Between November 27, 1995, and mid-1998 retary of Defense shall submit to the Committee of current NATO members that would be neces- the President has established three deadlines, on Armed Services of the Senate and the Com- sitated by the inclusion of those nations in the since elapsed, for the termination of United mittee on National Security of the House of Rep- alliance. States military-related operations throughout resentatives in accordance with this section re- (5) The necessary improvements to national Bosnia and Herzegovina. ports on the development of the European Secu- capabilities of the military forces of those new rity and Defense Identity (ESDI) within the (4) On December 17, 1997, the President an- member nations. NATO Alliance that would enable the Western nounced that United States ground combat (6) Any additional necessary improvements to European Union (WEU), with the consent of the forces would remain in Bosnia and Herzegovina common alliance military assets of the military NATO Alliance, to assume the political control for an unknown period of time. forces of those new members for which funds are and strategic direction of NATO assets and ca- (5) Approximately 47,880 United States mili- not planned to be included in the NATO budget. pabilities made available by the Alliance. tary personnel (excluding personnel serving in (7) The additional requirements, related to (b) REPORTS TO BE SUBMITTED.—The reports units assigned to the Republic of Korea) have NATO expansion, that the United States would required to be submitted under subsection (a) participated in 14 international contingency op- agree to assist each new member nation to meet are as follows: erations between fiscal years 1991 and 1998. on a bilateral basis. (1) An initial report, submitted not later than (6) The 1998 posture statements of the Navy (b) MATTERS TO BE INCLUDED.—The report December 15, 1998, that contains a discussion of and Air Force included declarations that the shall include the following: the actions taken, and the plans for future ac- pace of military operations over fiscal year 1997 (1) An assessment of the tactical and oper- tions, to build the European Security and De- adversely affected the readiness of non-deployed ational capabilities of the military forces of Po- fense Identity, together with the matters re- forces, personnel retention rates, and spare land, the Czech Republic, and Hungary. quired under subsection (c). parts inventories of the Navy and Air Force. (2) An assessment of the ability of each such (2) A semiannual report on the progress made new member nation to meet the minimum mili- (b) INFORMATION TO BE REPORTED WITH toward establishing the European Security and tary requirements upon accession to the NATO FUNDING REQUESTS.—Section 113 of title 10, Defense Identity, submitted not later than June United States Code, is amended by adding after alliance in April 1999, and the ability of that 15 and December 15 of each year after 1998. subsection (l), as added by section 915, the fol- nation to provide logistical, command and con- (c) CONTENT OF REPORTS.—The Secretary lowing new subsection: trol, and other vital infrastructure required for shall include in each report under this section alliance defense (as specified in Article V of the the following: ‘‘(m) INFORMATION TO ACCOMPANY FUNDING NATO Charter), including a description in gen- (1) A discussion of the arrangements between REQUEST FOR CONTINGENCY OPERATION.—When- eral terms of alliance plans for reinforcing each NATO and the Western European Union for the ever the President submits to Congress a request new NATO member nation during a crisis or war release, transfer, monitoring, return, and recall for appropriations for costs associated with a and detailing means for deploying both United of NATO assets and capabilities. contingency operation that involves, or likely States and other NATO forces from current (2) A discussion of the development of such will involve, the deployment of more than 500 member states and from the continental United planning and other capabilities by the Western members of the armed forces, the Secretary of States or other United States bases worldwide European Union that are necessary to provide Defense shall submit to Congress a report on the and, in particular, describing plans for ground political control and strategic direction of NATO objectives of the operation. The report shall in- reinforcement of Hungary. assets and capabilities. clude a discussion of the following: (3) An assessment of the ability of the current (3) A discussion of the development of terms of ‘‘(1) What clear and distinct objectives guide and new alliance members to deploy and sustain reference for the Deputy Supreme Allied Com- the activities of United States forces in the oper- combat forces in alliance defense missions con- mander, Europe, with respect to the European ation. ducted in the territory of any of the new mem- Security and Defense Identity. ‘‘(2) What the President has identified on the ber nations, as specified in Article V of the (4) A discussion of the arrangements for the basis of those objectives as the date, or the set NATO Charter. assignment or appointment of NATO officers to of conditions, that defines the endpoint of the (4) A description of projected defense pro- serve in two positions concurrently (commonly operation.’’. grams through 2009 (shown on an annual basis referred to as ‘‘dual-hatting’’). H8164 CONGRESSIONAL RECORD — HOUSE September 22, 1998 (5) A discussion of the development of the (A) by striking out ‘‘economic’’ and all that eign countries on a grant basis under section 516 Combined Joint Task Force (CJTF) concept, in- follows through ‘‘rights’’ and inserting in lieu of the Foreign Assistance Act of 1961 (22 U.S.C. cluding lessons-learned from the NATO-led Sta- thereof ‘‘governmental accountability and 2321j) as follows: bilization Force in Bosnia. transparency, economic stabilization and devel- (1) To the Government of Argentina, the (6) Identification within the NATO Alliance of opment, defense economic conversion, respect NEWPORT class tank landing ship NEWPORT the types of separable but not separate capabili- for the rule of law and internationally recog- (LST 1179). ties, assets, and support assets for Western Eu- nized human rights, and humanitarian relief ef- (2) To the Government of Greece— ropean Union-led operations. forts)’’; and (A) the KNOX class frigate HEPBURN (FF (7) Identification of separable but not separate (B) by striking out ‘‘at least to a level com- 1055); and headquarters, headquarters elements, and com- mensurate to that of the United States by Sep- (B) the ADAMS class guided missile destroyers mand positions for command and conduct of tember 30, 1998’’ and inserting in lieu thereof STRAUSS (DDG 16), SEMMS (DDG 18), and Western European Union-led operations. ‘‘to provide such foreign assistance at an an- WADDELL (DDG 24). (8) The conduct by NATO, at the request of nual rate that is not less than one percent of its (3) To the Government of Portugal, the STAL- and in coordination with the Western European gross domestic product, by September 30, 1999’’; WART class ocean surveillance ship ASSUR- Union, of military planning and exercises for il- and ANCE (T-AGOS 5). lustrative missions. (3) in paragraph (4)— (4) To the Government of Turkey, the KNOX (9) A discussion of the arrangements between (A) by striking out ‘‘amount of’’; class frigates PAUL (FF 1080), MILLER (FF NATO and the Western European Union for the (B) by striking out ‘‘, or would be prepared to 1091), and W.S. SIMMS (FF 1059). sharing of information, including intelligence. contribute,’’ and inserting in lieu thereof ‘‘or (b) TRANSFERS BY SALE.—The Secretary of the (10) Such other information as the Secretary has pledged to contribute’’; and Navy is authorized to transfer vessels to foreign considers useful for a complete understanding of (C) by inserting before the period at the end countries on a sales basis under section 21 of the the establishment of the European Security and the following: ‘‘by 10 percent by September 30, Arms Export Control Act (22 U.S.C. 2761) as fol- Defense Identity within the NATO Alliance. 1999’’. lows: (d) TERMINATION OF REPORTING REQUIRE- (b) REVISED REQUIREMENT FOR REPORT ON (1) To the Government of Brazil, the NEW- MENT.—The requirement to submit reports under PROGRESS IN INCREASING ALLIED PORT class tank landing ships CAYUGA (LST subsection (b)(2) terminates upon the submission BURDENSHARING.—Subsection (c) of such section 1186) and PEORIA (LST 1183). by the Secretary under that subsection of a re- is amended— (2) To the Government of Chile— port in which the Secretary states that the Eu- (1) by striking out ‘‘March 1, 1998’’ in the (A) the NEWPORT class tank landing ship ropean Security and Defense Identity has been matter preceding paragraph (1) and inserting in SAN BERNARDINO (LST 1189); and fully established. lieu thereof ‘‘March 1, 1999’’; and (B) the auxiliary repair dry dock WATER- FORD (ARD 5). Subtitle D—Other Matters (2) in paragraph (3), by striking out ‘‘March 1, 1996’’ and all that follows through the semi- (3) To the Government of Greece— SEC. 1231. LIMITATION ON ASSIGNMENT OF colon and inserting in lieu thereof ‘‘October 1, (A) the OAK RIDGE class medium dry dock UNITED STATES FORCES FOR CER- ALAMAGORDO (ARDM 2); and TAIN UNITED NATIONS PURPOSES. 1996, and ending on September 30, 1997, and during the period beginning on October 1, 1997, (B) the KNOX class frigates VREELAND (FF (a) LIMITATION ON PARTICIPATION IN UNITED and ending on September 30, 1998, or, in the 1068) and TRIPPE (FF 1075). NATIONS RAPIDLY DEPLOYABLE MISSION HEAD- case of any nation for which the data for such (4) To the Government of Mexico— QUARTERS.—If members of the Armed Forces are periods is inadequate, the difference between (A) the auxiliary repair dock SAN ONOFRE assigned during fiscal year 1999 to the United the amounts for the latest periods for which (ARD 30); and Nations Rapidly Deployable Mission Head- adequate data is available;’’. (B) the KNOX class frigate PHARRIS (FF quarters, the number of members so assigned (c) EXTENSION OF DEADLINE FOR REPORT RE- 1094). may not exceed eight at any time during that GARDING NATIONAL SECURITY BASES FOR FOR- (5) To the Government of the Philippines, the year. WARD DEPLOYMENT AND BURDENSHARING RELA- STALWART class ocean surveillance ship TRI- (b) PROHIBITION.—No funds available to the TIONSHIPS.—Subsection (d)(2) of such section is UMPH (T-AGOS 4). Department of Defense may be used— amended by striking out ‘‘March 1, 1998’’ and (6) To the Government of Spain, the NEW- (1) for a monetary contribution to the United inserting in lieu thereof ‘‘March 1, 1999’’. PORT class tank landing ships HARLAN Nations for the establishment of a standing SEC. 1234. TRANSFER OF EXCESS UH–1 HUEY AND COUNTY (LST 1196) and BARNSTABLE international force under the United Nations; or COUNTY (LST 1197). (2) to assign or detail any member of the AH–1 COBRA HELICOPTERS TO FOR- EIGN COUNTRIES. (7) To the Taipai Economic and Cultural Rep- Armed Forces to duty with a United Nations (a) IN GENERAL.—Chapter 153 of title 10, resentative Office in the United States (the Tai- Stand By Force. United States Code, is amended by adding at the wan instrumentality that is designated pursu- SEC. 1232. PROHIBITION ON RESTRICTION OF end the following new section: ant to section 10(a) of the Taiwan Relations ARMED FORCES UNDER KYOTO PRO- Act)— ‘‘§ 2581. Excess UH–1 Huey and AH–1 Cobra TOCOL TO THE UNITED NATIONS (A) the KNOX class frigates PEARY (FF helicopters: requirements for transfer to for- FRAMEWORK CONVENTION ON CLI- 1073), JOSEPH HEWES (FF 1078), COOK (FF MATE CHANGE. eign countries 1083), BREWTON (FF 1086), KIRK (FF 1987), (a) IN GENERAL.—Notwithstanding any other ‘‘(a) REQUIREMENTS.—(1) Before an excess and BARBEY (FF 1088); provision of law, no provision of the Kyoto Pro- UH–1 Huey helicopter or AH–1 Cobra helicopter (B) the NEWPORT class tank landing ships tocol to the United Nations Framework Conven- is transferred on a grant or sales basis to a for- MANITOWOC (LST 1180) and SUMTER (LST tion on Climate Change, or any regulation eign country for the purpose of flight operations 1181); issued pursuant to such protocol, shall restrict by that country, the Secretary of Defense shall (C) the floating dry dock COMPETENT the training or operations of the United States make all reasonable efforts to ensure that the (AFDM 6); and Armed Forces or limit the military equipment helicopter receives, to the extent necessary, (D) the ANCHORAGE class dock landing ship procured by the United States Armed Forces. maintenance and repair equivalent to the depot- PENSACOLA (LSD 38). (b) WAIVER.—A provision of law may not be level maintenance and repair (as defined in sec- (8) To the Government of Turkey— construed as modifying or superseding the pro- tion 2460 of this title) that the helicopter would (A) the OLIVER HAZARD PERRY class guid- visions of subsection (a) unless that provision of need were the helicopter to remain in oper- ed missile frigates MAHLON S. TISDALE (FFG law— ational use with the armed forces. Any such 27), REID (FFG 30), and DUNCAN (FFG 10); (1) specifically refers to this section; and maintenance and repair work shall be performed and (2) specifically states that such provision of at no cost to the Department of Defense. (B) the KNOX class frigates REASONER (FF law modifies or supersedes the provisions of this ‘‘(2) The Secretary shall make all reasonable 1063), FANNING (FF 1076), BOWEN (FF 1079), section. efforts to ensure that maintenance and repair MCCANDLESS (FF 1084), DONALD BEARY (c) MATTERS NOT AFFECTED.—Nothing in this work described in paragraph (1) is performed in (FF 1085), AINSWORTH (FF 1090), THOMAS C. section shall be construed to preclude the De- the United States. HART (FF 1092), and CAPODANNO (FF 1093). partment of Defense from implementing any ‘‘(b) EXCEPTION.—Subsection (a) does not (9) To the Government of Venezuela, the me- measure to achieve efficiencies or for any other apply with respect to salvage helicopters pro- dium auxiliary floating dry dock bearing hull reason independent of the Kyoto Protocol. vided to the foreign country solely as a source number AFDM 2. SEC. 1233. DEFENSE BURDENSHARING. for spare parts.’’. (c) TRANSFERS ON A COMBINED LEASE-SALE (a) REVISED GOALS FOR EFFORTS TO INCREASE (b) CLERICAL AMENDMENT.—The table of sec- BASIS.—The Secretary of the Navy is authorized ALLIED BURDENSHARING.—Effective October 1, tions at the beginning of such chapter is amend- to transfer vessels to foreign countries on a com- 1998, subsection (a) of section 1221 of the Na- ed by adding at the end the following new item: bined lease-sale basis under sections 61 and 21 of tional Defense Authorization Act for Fiscal ‘‘2581. Excess UH–1 Huey and AH–1 Cobra heli- the Arms Export Control Act (22 U.S.C. 2796, Year 1998 (Public Law 105–85; 111 Stat. 1935; 22 copters: requirements for transfer 2761) and in accordance with subsection (d) as U.S.C. 1928 note) is amended— to foreign countries.’’. follows: (1) in paragraph (2), by striking out ‘‘Septem- SEC. 1235. TRANSFERS OF NAVAL VESSELS TO (1) To the Government of Brazil, the CIM- ber 30, 1998’’ and inserting in lieu thereof ‘‘Sep- CERTAIN FOREIGN COUNTRIES. ARRON class oiler MERRIMACK (AO 179). tember 30, 1999’’; (a) TRANSFERS BY GRANT.—The Secretary of (2) To the Government of Greece, the KIDD (2) in paragraph (3)— the Navy is authorized to transfer vessels to for- class guided missile destroyers KIDD (DDG 993), September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8165

CALLAGHAN (DDG 994), SCOTT (DDG 995), charged to the recipient (notwithstanding sec- (c) PEOPLE’S LIBERATION ARMY.—For pur- and CHANDLER (DDG 996). tion 516(e)(1) of the Foreign Assistance Act of poses of this section, the term ‘‘People’s Libera- (d) CONDITIONS RELATING TO COMBINED 1961 (22 U.S.C. 2321j(e)(1)) in the case of a tion Army’’ means the land, naval, and air mili- LEASE-SALE TRANSFERS.—A transfer of a vessel transfer authorized to be made on a grant basis tary services, the police, and the intelligence on a combined lease-sale basis authorized by under subsection (a)). services of the Communist Government of the subsection (c) shall be made in accordance with (j) REPAIR AND REFURBISHMENT IN UNITED People’s Republic of China, and any member of the following requirements: STATES SHIPYARDS.—To the maximum extent any such service or of such police. (1) The Secretary may initially transfer the practicable, the Secretary of the Navy shall re- TITLE XIII—COOPERATIVE THREAT RE- vessel by lease, with lease payments suspended quire, as a condition of the transfer of a vessel DUCTION WITH STATES OF THE FORMER for the term of the lease, if the country entering under this section, that the country to which SOVIET UNION into the lease for the vessel simultaneously en- the vessel is transferred have such repair or re- Sec. 1301. Specification of Cooperative Threat ters into a foreign military sales agreement for furbishment of the vessel as is needed, before the Reduction Programs and funds. the transfer of title to the vessel. vessel joins the naval forces of that country, Sec. 1302. Funding allocations. (2) The Secretary may not deliver to the pur- performed at a shipyard located in the United Sec. 1303. Prohibition on use of funds for speci- chasing country title to the vessel until the pur- States, including a United States Navy ship- fied purposes. chase price of the vessel under such a foreign yard. Sec. 1304. Limitation on use of funds for chemi- military sales agreement is paid in full. (k) EXPIRATION OF AUTHORITY.—The author- cal weapons destruction activities (3) Upon payment of the purchase price in full ity to transfer a vessel under this section shall in Russia. under such a sales agreement and delivery of expire at the end of the two-year period begin- Sec. 1305. Limitation on use of funds for bio- title to the recipient country, the Secretary shall ning on the date of the enactment of this Act. logical weapons proliferation pre- terminate the lease. SEC. 1236. REPEAL OF LANDMINE MORATORIUM. vention activities in Russia. (4) If the purchasing country fails to make Section 580 of the Foreign Operations Appro- Sec. 1306. Cooperative counter proliferation full payment of the purchase price in accord- priations Act, 1996 (Public Law 104–107; 110 Sat program. ance with the sales agreement by the date re- 751), is repealed. Sec. 1307. Requirement to submit summary of quired under the sales agreement— amounts requested by project cat- (A) the sales agreement shall be immediately SEC. 1237. APPLICATION OF AUTHORITIES UNDER THE INTERNATIONAL EMERGENCY egory. terminated; ECONOMIC POWERS ACT TO COM- Sec. 1308. Report on biological weapons pro- (B) the suspension of lease payments under MUNIST CHINESE MILITARY COMPA- grams in Russia. the lease shall be vacated; and NIES. Sec. 1309. Report on individuals with expertise (C) the United States shall be entitled to re- (a) PRESIDENTIAL AUTHORITY.— in former Soviet weapons of mass tain all funds received on or before the date of (1) IN GENERAL.—The President may exercise destruction programs. the termination under the sales agreement, up IEEPA authorities (other than authorities relat- SEC. 1301. SPECIFICATION OF COOPERATIVE to the amount of the lease payments due and ing to importation) without regard to section 202 THREAT REDUCTION PROGRAMS payable under the lease and all other costs re- of the International Emergency Economic Pow- AND FUNDS. quired by the lease to be paid to that date. ers Act (50 U.S.C. 1701) in the case of any com- (a) SPECIFICATION OF CTR PROGRAMS.—(1) (5) If a sales agreement is terminated pursu- mercial activity in the United States by a person For purposes of section 301 and other provisions ant to paragraph (4), the United States shall not that is on the list published under subsection of this Act, Cooperative Threat Reduction pro- be required to pay any interest to the recipient (b). grams are the programs specified in section country on any amount paid to the United (2) PENALTIES.—The penalties set forth in sec- 1501(b) of the National Defense Authorization States by the recipient country under the sales tion 206 of the International Emergency Eco- Act for Fiscal Year 1997 (Public Law 104–201; agreement and not retained by the United States nomic Powers Act (50 U.S.C. 1705) apply to vio- 110 Stat. 2731; 50 U.S.C. 2362 note) (as amended under the lease. lations of any license, order, or regulation by paragraph (2)). (e) REQUIREMENT FOR PROVISION IN ADVANCE issued under paragraph (1). (2) Section 1501(b)(3) of such Act is amended IN AN APPROPRIATIONS ACT.—Authority to (3) IEEPA AUTHORITIES.—For purposes of para- by inserting ‘‘materials, ’’ after ‘‘components,’’. transfer vessels on a sale basis under subsection graph (1), the term ‘‘IEEPA authorities’’ means (b) FISCAL YEAR 1999 COOPERATIVE THREAT (b) or a combined lease-sale basis under sub- the authorities set forth in section 203(a) of the REDUCTION FUNDS DEFINED.—As used in this section (c) is effective only to the extent that au- International Emergency Economic Powers Act title, the term ‘‘fiscal year 1999 Cooperative thority to effectuate such transfers, together (50 U.S.C. 1702(a)). Threat Reduction funds’’ means the funds ap- with appropriations to cover the associated cost (b) DETERMINATION AND PUBLICATION OF propriated pursuant to the authorization of ap- (as defined in section 502 of the Congressional COMMUNIST CHINESE MILITARY COMPANIES OP- propriations in section 301 for Cooperative Budget of 1974 (2 U.S.C. 661a)), are provided in ERATING IN UNITED STATES.— Threat Reduction programs. advance in an appropriations Act. (1) INITIAL DETERMINATION AND PUBLICA- (c) AVAILABILITY OF FUNDS.—Funds appro- (f) AUTHORIZATION OF APPROPRIATIONS FOR TION.—Not later than 90 days after the date of priated pursuant to the authorization of appro- CERTAIN COSTS OF TRANSFERS.—There is estab- the enactment of this Act, the Secretary of De- priations in section 301 for Cooperative Threat lished in the Treasury of the United States a fense shall make a determination of those per- Reduction programs shall be available for obli- special account to be known as the Defense Ves- sons operating directly or indirectly in the gation for three fiscal years. sels Transfer Program Account. There is hereby United States or any of its territories and pos- SEC. 1302. FUNDING ALLOCATIONS. authorized to be appropriated into that account sessions that are Communist Chinese military (a) FUNDING FOR SPECIFIC PURPOSES.—Of the such sums as may be necessary for the costs (as companies and shall publish a list of those per- amounts authorized to be appropriated to the defined in section 502 of the Congressional sons in the Federal Register. Department of Defense for fiscal year 1999 in Budget Act of 1974 (2 U.S.C. 661a)) of the lease- (2) REVISIONS TO LIST.—The Secretary of De- section 301(23), $440,400,000 shall be available to sale transfers authorized by subsection (c). fense shall make additions or deletions to the carry out Cooperative Threat Reduction pro- Funds in that account are available only for the list published under paragraph (1) on an ongo- grams, of which not more than the following purpose of covering those costs. ing basis based on the latest information avail- amounts may be obligated for the purposes spec- (g) NOTIFICATION OF CONGRESS.—Not later able. ified: than 30 days after the date of the enactment of (3) CONSULTATION.—The Secretary of Defense (1) For strategic offensive arms elimination in this Act, the Secretary of the Navy shall submit shall consult with the following officers in car- Russia, $142,400,000. to Congress, for each naval vessel that is to be rying out paragraphs (1) and (2): (2) For strategic nuclear arms elimination in transferred under this section before January 1, (A) The Attorney General. Ukraine, $47,500,000. 1999, the notifications required under section 516 (B) The Director of Central Intelligence. (3) For activities to support warhead dis- of the Foreign Assistance Act of 1961 (22 U.S.C. (C) The Director of the Federal Bureau of In- mantlement processing in Russia, $9,400,000. 2321j) and section 525 of the Foreign Operations, vestigation. (4) For activities associated with chemical Export Financing, and Related Programs Ap- (4) COMMUNIST CHINESE MILITARY COMPANY.— weapons destruction in Russia, $88,400,000. propriations Act, 1998 (Public Law 105–118; 111 For purposes of making the determination re- (5) For weapons transportation security in Stat. 2413). quired by paragraph (1) and of carrying out Russia, $10,300,000. (h) GRANTS NOT COUNTED IN ANNUAL TOTAL paragraph (2), the term ‘‘Communist Chinese (6) For planning, design, and construction of OF TRANSFERRED EXCESS DEFENSE ARTICLES.— military company’’ means— a storage facility for Russian fissile material, The value of a vessel transferred to another (A) any person identified in the Defense Intel- $60,900,000. country on a grant basis under section 516 of ligence Agency publication numbered VP–1920– (7) For weapons storage security in Russia, the Foreign Assistance Act of 1961 (22 U.S.C. 271–90, dated September 1990, or PC–1921–57–95, $41,700,000. 2321j) pursuant to authority provided by sub- dated October 1995, and any update of those (8) For development of a cooperative program section (a) shall not be counted for the purposes publications for the purposes of this section; with the Government of Russia to eliminate the of subsection (g) of that section in the aggregate and production of weapons grade plutonium at Rus- value of excess defense articles transferred to (B) any other person that— sian reactors, $29,800,000. countries under that section in any fiscal year. (i) is owned or controlled by the People’s Lib- (9) For biological weapons proliferation pre- (i) COSTS OF TRANSFERS.—Any expense in- eration Army; and vention activities in Russia, $2,000,000. curred by the United States in connection with (ii) is engaged in providing commercial serv- (10) For activities designated as Other Assess- a transfer authorized by this section shall be ices, manufacturing, producing, or exporting. ments/Administrative Support $8,000,000. H8166 CONGRESSIONAL RECORD — HOUSE September 22, 1998

(b) LIMITED AUTHORITY TO VARY INDIVIDUAL mined by a policy of the United States not to would compromise the national security inter- AMOUNTS.—(1) If the Secretary of Defense deter- carry out chemical weapons destruction activi- ests of the United States. In such case, the Sec- mines that it is necessary to do so in the na- ties under Cooperative Threat Reduction pro- retary shall promptly notify the congressional tional interest, the Secretary may, subject to grams for which funds are authorized to be ap- defense committees of the circumstances regard- paragraphs (2) and (3), obligate amounts for the propriated under this Act or any other Act for ing such determination in advance of providing purposes stated in any of the paragraphs of sub- fiscal year 1999. assistance under subsection (a) and shall submit section (a) in excess of the amount specified for (b) DEFINITIONS.—In this section: the certification required not later than 30 days those purposes in that paragraph. However, the (1) The term ‘‘Bilateral Destruction Agree- after providing such assistance. total amount obligated for the purposes stated ment’’ means the Agreement Between the United (c) CONTENT OF CERTIFICATIONS.—Each cer- in the paragraphs in subsection (a) may not by States of America and the Union of Soviet So- tification required under subsection (b) shall reason of the use of the authority provided in cialist Republics on Destruction and Non-pro- contain information on the following with re- the preceding sentence exceed the sum of the duction of Chemical Weapons and on Measures spect to the assistance being provided: amounts specified in those paragraphs. to Facilitate the Multilateral Convention on (1) The specific assistance provided and the (2) An obligation for the purposes stated in Banning Chemical Weapons signed on June 1, purposes for which the assistance is being pro- any of the paragraphs in subsection (a) in ex- 1990. vided. cess of the amount specified in that paragraph (2) The term ‘‘Wyoming Memorandum of Un- (2) The sources of funds for the assistance. may be made using the authority provided in derstanding’’ means the Memorandum of Under- (3) Whether any assistance is being provided paragraph (1) only after— standing Between the Government of the United by any other Federal department or agency. (A) the Secretary submits to Congress notifica- States of America and the Government of the (4) The options considered and rejected for tion of the intent to do so together with a com- Union of Soviet Socialist Republics Regarding a preventing the transfer of the weapons, mate- plete discussion of the justification for doing so; Bilateral Verification Experiment and Data Ex- rials, equipment, or technology, as described in and change Related to Prohibition on Chemical subsection (b)(1)(C). (B) 15 days have elapsed following the date of Weapons, signed at Jackson Hole, Wyoming, on (5) Whether funding was requested by the Sec- the notification. September 23, 1989. retary from other Federal departments or agen- (3) The Secretary may not, under the author- SEC. 1305. LIMITATION ON USE OF FUNDS FOR BI- cies. ity provided in paragraph (1), obligate amounts OLOGICAL WEAPONS PROLIFERA- (6) Any additional information that the Sec- appropriated for the purposes stated in any of TION PREVENTION ACTIVITIES IN retary determines is relevant to the assistance paragraphs (3) through (10) of subsection (a) in RUSSIA. being provided. excess of 115 percent of the amount stated in No fiscal year 1999 Cooperative Threat Reduc- (d) ADDITIONAL SOURCES OF FUNDING.—The those paragraphs. tion funds may be obligated or expended for bio- Secretary may request assistance and accept SEC. 1303. PROHIBITION ON USE OF FUNDS FOR logical weapons proliferation prevention activi- funds from other Federal departments or agen- SPECIFIED PURPOSES. ties in Russia until 15 days after the date on cies in carrying out this section. (a) IN GENERAL.—No fiscal year 1999 Coopera- which the Secretary submits to the congres- (e) DEFINITIONS.—In this section: tive Threat Reduction funds, and no funds ap- sional defense committees a report on— (1) The term ‘‘restricted foreign state or en- propriated for Cooperative Threat Reduction (1) whether Cooperative Threat Reduction tity’’, with respect to weapons, materials, equip- programs for any prior fiscal year and remain- funds provided for cooperative research activi- ment, or technology covered by a certification or ing available for obligation, may be obligated or ties at biological research institutes in Russia notification of the Secretary of Defense under expended for any of the following purposes: have been used— subsection (b), means— (1) Conducting with Russia any peacekeeping (A) to support activities to develop new strains (A) any foreign country the government of exercise or other peacekeeping-related activity. of anthrax; or which has repeatedly provided support for acts (2) Provision of housing. (B) for any purpose inconsistent with the ob- of international terrorism, as determined by the (3) Provision of assistance to promote environ- jectives of providing such funds; and Secretary of State under section 620A of the For- mental restoration. (2) the new strains of anthrax alleged to have eign Assistance Act of 1961 (22 U.S.C. 2371); or (4) Provision of assistance to promote job re- been developed at a biological research institute (B) any foreign state or entity that the Sec- training. in Russia and any efforts by the United States retary of Defense determines would constitute a (b) LIMITATION WITH RESPECT TO DEFENSE to examine such strains. military threat to the United States, its allies, or CONVERSION ASSISTANCE.—None of the funds SEC. 1306. COOPERATIVE COUNTER PROLIFERA- interests, if that foreign state or entity were to appropriated pursuant to this Act may be obli- TION PROGRAM. possess the weapons, materials, equipment, or gated or expended for the provision of assistance (a) IN GENERAL.—Of the amount authorized to technology. to Russia or any other state of the former Soviet be appropriated in section 1302 (other than the (2) The term ‘‘weapon of mass destruction’’ Union to promote defense conversion. amounts authorized to be appropriated in sub- has the meaning given that term in section SEC. 1304. LIMITATION ON USE OF FUNDS FOR sections (a)(1) and (a)(2) of that section) and 1403(1) of the Defense Against Weapons of Mass CHEMICAL WEAPONS DESTRUCTION subject to the limitations in that section and Destruction Act of 1996 (title XIV of Public Law ACTIVITIES IN RUSSIA. subsection (b), the Secretary of Defense may 104–201; 50 U.S.C. 2302(1)). (a) LIMITATION.—Subject to the limitation in provide a country of the former Soviet Union SEC. 1307. REQUIREMENT TO SUBMIT SUMMARY section 1405(b) of the National Defense Author- with emergency assistance for removing or ob- OF AMOUNTS REQUESTED BY ization Act for Fiscal Year 1998 (Public Law taining from that country— PROJECT CATEGORY. 105–85; 111 Stat. 1961), no funds authorized to be (1) weapons of mass destruction; or (a) SUMMARY REQUIRED.—The Secretary of appropriated for Cooperative Threat Reduction (2) materials, equipment, or technology related Defense shall submit to Congress as part of the programs under this Act or any other Act may to the development or delivery of weapons of Secretary’s annual budget request to Congress— be obligated or expended for chemical weapons mass destruction. (1) a descriptive summary, with respect to the destruction activities in Russia (including ac- (b) CERTIFICATION REQUIRED.—(1) The Sec- appropriations requested for Cooperative Threat tivities for the planning, design, or construction retary may not provide assistance under sub- Reduction programs for the fiscal year after the of a chemical weapons destruction facility or for section (a) until 15 days after the date that the fiscal year in which the summary is submitted, the dismantlement of an existing chemical weap- Secretary submits to the congressional defense of the amounts requested for each project cat- ons production facility) until the President sub- committees a certification in writing that the egory under each Cooperative Threat Reduction mits to Congress a written certification described weapons, materials, equipment, or technology program element; and in subsection (b). described in that subsection meet each of the (2) a descriptive summary, with respect to ap- (b) PRESIDENTIAL CERTIFICATION.—A certifi- following requirements: propriations for Cooperative Threat Reduction cation under this subsection is either of the fol- (A) The weapons, materials, equipment, or programs for the fiscal year in which the list is lowing certifications by the President: technology are at risk of being sold or otherwise submitted and the previous fiscal year, of the (1) A certification that— transferred to a restricted foreign state or en- amounts obligated or expended, or planned to be (A) Russia is making reasonable progress to- tity. obligated or expended, for each project category ward the implementation of the Bilateral De- (B) The transfer of the weapons, materials, under each Cooperative Threat Reduction pro- struction Agreement; equipment, or technology would pose a signifi- gram element. (B) the United States and Russia have made cant near-term threat to the national security (b) DESCRIPTION OF PURPOSE AND INTENT.— substantial progress toward the resolution, to interests of the United States or would signifi- The descriptive summary required under sub- the satisfaction of the United States, of out- cantly advance a foreign country’s weapon pro- section (a) shall include a narrative description standing compliance issues under the Wyoming gram that threatens the national security inter- of each program and project category under Memorandum of Understanding and the Bilat- ests of the United States. each Cooperative Threat Reduction program ele- eral Destruction Agreement; and (C) Other options for securing or otherwise ment that explains the purpose and intent of the (C) Russia has fully and accurately declared preventing the transfer of the weapons, mate- funds requested. all information regarding its unitary and binary rials, equipment, or technology have been con- SEC. 1308. REPORT ON BIOLOGICAL WEAPONS chemical weapons, chemical weapons facilities, sidered and rejected as ineffective or inad- PROGRAMS IN RUSSIA. and other facilities associated with chemical equate. (a) REPORT.—Not later than March 1, 1999, weapons. (2) The 15-day notice requirement in para- the Secretary of Defense shall submit to the con- (2) A certification that the national security graph (1) may be waived if the Secretary deter- gressional defense committees a report, in classi- interests of the United States could be under- mines that compliance with the requirement fied and unclassified forms, containing— September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8167 (1) an assessment of the extent of compliance (4) An identification of the nature, scope, and ticipating Federal department, agency, and bu- by Russia with international agreements relat- cost of activities conducted by the United States reau. ing to the control of biological weapons; and and other countries to assist in the employment ‘‘(5) The program budget request for the fol- (2) a detailed evaluation of the potential polit- in nonproliferation and nonmilitary-related en- lowing fiscal year for each participating Federal ical and military costs and benefits of collabo- deavors and enterprises of individuals involved department, agency, and bureau. rative biological pathogen research efforts by in the weapons complex of the former Soviet ‘‘(6) Recommendations for improving Federal, the United States and Russia. Union, and which categories of individuals are State, and local domestic emergency prepared- (b) CONTENT OF REPORT.—The report required being targeted in these efforts. ness to respond to incidents involving weapons under subsection (a) shall include the following: (5) An assessment of whether the activities of mass destruction that have been made by the (1) An evaluation of the extent of the control identified under paragraph (4) should be re- advisory panel to assess the capabilities of do- and oversight by the Government of Russia over duced, maintained, or expanded. mestic response to terrorism involving weapons the military and civilian-military biological war- of mass destruction (as established under section fare programs formerly controlled or overseen by TITLE XIV—DOMESTIC PREPAREDNESS FOR DEFENSE AGAINST WEAPONS OF 1405 of the Defense Against Weapons of Mass states of the former Soviet Union. Destruction Act of 1998), and actions taken as a (2) The extent and scope of continued biologi- MASS DESTRUCTION result of such recommendations. cal warfare research, development, testing, and Sec. 1401. Short title. ‘‘(7) Additional program measures and legisla- production in Russia, including the sites where Sec. 1402. Domestic preparedness for response to tive authority for which congressional action such activity is occurring and the types of activ- threats of terrorist use of weapons may be required.’’. ity being conducted. of mass destruction. (3) An assessment of compliance by Russia Sec. 1403. Report on domestic emergency pre- SEC. 1404. THREAT AND RISK ASSESSMENTS. with the terms of the Biological Weapons Con- paredness. (a) REQUIREMENT TO DEVELOP METHODOLO- vention. Sec. 1404. Threat and risk assessments. GIES.— The Attorney General, in consultation (4) An identification and assessment of the Sec. 1405. Advisory panel to assess domestic re- with the Director of the Federal Bureau of In- measures taken by Russia to comply with the sponse capabilities for terrorism vestigation and representatives of appropriate obligations assumed under the Joint Statement involving weapons of mass de- Federal, State, and local agencies, shall develop on Biological Weapons, agreed to by the United struction. and test methodologies for assessing the threat States, the United Kingdom, and Russia on Sep- SEC. 1401. SHORT TITLE. and risk of terrorist employment of weapons of tember 14, 1992. This title may be cited as the ‘‘Defense mass destruction against cities and other local (5) A description of the extent to which Russia Against Weapons of Mass Destruction Act of areas. The results of the tests may be used to de- has permitted individuals from the United States 1998’’. termine the training and equipment require- or other countries to visit military and non- SEC. 1402. DOMESTIC PREPAREDNESS FOR RE- ments under the program developed under sec- military biological research, development, test- SPONSE TO THREATS OF TERRORIST tion 1402. The methodologies required by this ing, and production sites in order to resolve am- USE OF WEAPONS OF MASS DE- subsection shall be developed using cities or biguities regarding activities at such sites. STRUCTION. local areas selected by the Attorney General, (6) A description of the information provided (a) ENHANCED RESPONSE CAPABILITY.—In acting in consultation with the Director of the by Russia about its biological weapons dis- light of the continuing potential for terrorist use Federal Bureau of Investigation and appro- mantlement efforts to date. of weapons of mass destruction against the priate representatives of Federal, State, and (7) An assessment of the accuracy and com- United States and the need to develop a more local agencies. prehensiveness of declarations by Russia regard- fully coordinated response to that threat on the (b) REQUIRED COMPLETION DATE.—The re- ing its biological weapons activities. part of Federal, State, and local agencies, the quirements in subsection (a) shall be completed (8) An identification of collaborative biologi- President shall act to increase the effectiveness not later than one year after the date of the en- cal research projects carried out by the United at the Federal, State, and local level of the do- actment of this Act. States and Russia for which Cooperative Threat mestic emergency preparedness program for re- SEC. 1405. ADVISORY PANEL TO ASSESS DOMES- Reduction funds have been used. sponse to terrorist incidents involving weapons (9) An evaluation of the political and military TIC RESPONSE CAPABILITIES FOR of mass destruction by utilizing the President’s TERRORISM INVOLVING WEAPONS utility of prior, existing, and prospective cooper- existing authorities to develop an integrated OF MASS DESTRUCTION. ative biological pathogen research programs car- program that builds upon the program estab- (a) REQUIREMENT FOR PANEL.—The Secretary ried out between the United States and Russia, lished under the Defense Against Weapons of of Defense, in consultation with the Attorney and an assessment of the impact of such pro- Mass Destruction Act of 1996 (title XIV of Pub- General, the Secretary of Energy, the Secretary grams on increasing Russian military trans- lic Law 104–201; 110 Stat. 2714; 50 U.S.C. 2301 et of Health and Human Services, and the Director parency with respect to biological weapons ac- seq.). of the Federal Emergency Management Agency, tivities. (b) REPORT.—Not later than January 31, 1999, shall enter into a contract with a federally (10) An assessment of the political and mili- the President shall submit to Congress a report funded research and development center to es- tary utility of the long-term collaborative pro- containing information on the actions taken at tablish a panel to assess the capabilities for do- gram advocated by the National Academy of the Federal, State, and local level to develop an mestic response to terrorism involving weapons Sciences in its October 27, 1997 report, ‘‘Control- integrated program to prevent and respond to of mass destruction. ling Dangerous Pathogens: A Blueprint for terrorist incidents involving weapons of mass (b) COMPOSITION OF PANEL; SELECTION.—(1) U.S.-Russian Cooperation’’. destruction. The panel shall be composed of members who SEC. 1309. REPORT ON INDIVIDUALS WITH EXPER- shall be private citizens of the United States TISE IN FORMER SOVIET WEAPONS SEC. 1403. REPORT ON DOMESTIC EMERGENCY OF MASS DESTRUCTION PROGRAMS. PREPAREDNESS. with knowledge and expertise in emergency re- Not later than January 31, 1999, the Secretary Section 1051 of the National Defense Author- sponse matters. of Defense, in consultation with the Secretary of ization Act for Fiscal Year 1998 (Public Law (2) Members of the panel shall be selected by State, the Secretary of Energy, and any other 105–85; 111 Stat. 1889; 31 U.S.C. 1113 note) is the federally funded research and development appropriate officials, shall submit to the con- amended by adding at the end the following center in accordance with the terms of the con- gressional defense committees a report on the new subsection: tract established pursuant to subsection (a). number of individuals in the former Soviet ‘‘(c) ANNEX ON DOMESTIC EMERGENCY PRE- (c) PROCEDURES FOR PANEL.—The federally Union who have significant expertise in the re- PAREDNESS PROGRAM.—As part of the annual funded research and development center shall be search, development, production, testing, and report submitted to Congress under subsection responsible for establishing appropriate proce- operational employment of ballistic missiles and (b), the President shall include an annex which dures for the panel, including procedures for se- weapons of mass destruction. The report shall provides the following information on the do- lection of a panel chairman. contain the following: mestic emergency preparedness program for re- (d) DUTIES OF PANEL.— The panel shall— (1) A listing of the specific expertise of the in- sponse to terrorist incidents involving weapons (1) assess Federal agency efforts to enhance dividuals, by category and discipline. of mass destruction (as established under section domestic preparedness for incidents involving (2) An assessment of which categories of ex- 1402 of the Defense Against Weapons of Mass weapons of mass destruction; pertise would pose the greatest risks to the secu- Destruction Act of 1998): (2) assess the progress of Federal training pro- rity of the United States if that expertise were ‘‘(1) Information on program responsibilities grams for local emergency responses to incidents transferred to potentially hostile states. for each participating Federal department, involving weapons of mass destruction; (3) An estimate, by category, of the number of agency, and bureau. (3) assess deficiencies in programs for response the individuals in paragraph (1) who are fully ‘‘(2) A summary of program activities per- to incidents involving weapons of mass destruc- or partly employed at the time the report is sub- formed during the preceding fiscal year for each tion, including a review of unfunded commu- mitted by the military-industrial complex of the participating Federal department, agency, and nications, equipment, and planning require- former Soviet Union, the number of such indi- bureau. ments, and the needs of maritime regions; viduals who are fully employed at the time the ‘‘(3) A summary of program obligations and (4) recommend strategies for ensuring effective report is submitted by commercial ventures out- expenditures during the preceding fiscal year coordination with respect to Federal agency side the military-industrial complex of the for each participating Federal department, weapons of mass destruction response efforts, former Soviet Union, and the number of such in- agency, and bureau. and for ensuring fully effective local response dividuals who are unemployed and under- ‘‘(4) A summary of the program plan and capabilities for weapons of mass destruction in- employed at the time the report is submitted. budget for the current fiscal year for each par- cidents; and H8168 CONGRESSIONAL RECORD — HOUSE September 22, 1998 (5) assess the appropriate roles of State and Sec. 1504. Russian nonstrategic nuclear weap- fense shall submit to the Committee on Armed local government in funding effective local re- ons. Services of the Senate and the Committee on Na- sponse capabilities. Subtitle B—Satellite Export Controls tional Security of the House of Representatives (e) DEADLINE TO ENTER INTO CONTRACT.—The a report on the status and adequacy of current Sec. 1511. Sense of Congress. Secretary of Defense shall enter into the con- direct communications capabilities between the Sec. 1512. Certification of exports of missile tract required under subsection (a) not later governments of the United States and Russia. equipment or technology to than 60 days after the date of the enactment of The report shall identify each existing direct China. this Act. communications link between those governments Sec. 1513. Satellite controls under the United (f) DEADLINE FOR SELECTION OF PANEL MEM- and each such link that is designed to be used, States Munitions List. BERS.—Selection of panel members shall be made or is available to be used, in an emergency situ- Sec. 1514. National security controls on satellite not later than 30 days after the date on which ation. The Secretary shall describe in the report export licensing. the Secretary enters into the contract required any shortcomings with the existing communica- by subsection (a). Sec. 1515. Report on export of satellites for launch by People’s Republic of tions capabilities and shall include such propos- (g) INITIAL MEETING OF THE PANEL.— The als as the Secretary considers appropriate to im- panel shall conduct its first meeting not later China. Sec. 1516. Related items defined. prove those capabilities. In considering improve- than 30 days after the date that all the selec- ments to propose, the Secretary shall assess the tions to the panel have been made. Subtitle C—Other Export Control Matters feasibility and desirability of establishing a di- (h) REPORTS.—(1) Not later than 6 months Sec. 1521. Authority for export control activities rect communications link between the command- after the date of the first meeting of the panel, of the Department of Defense. ers of appropriate United States unified and the panel shall submit to the President and to Sec. 1522. Release of export information by De- specified commands, including the United States Congress an initial report setting forth its find- partment of Commerce to other Space Command and the United States Strategic ings, conclusions, and recommendations for im- agencies for purpose of national Command, and their Russian counterparts. proving Federal, State, and local domestic emer- security assessment. SEC. 1504. RUSSIAN NONSTRATEGIC NUCLEAR gency preparedness to respond to incidents in- Sec. 1523. Nuclear export reporting requirement. WEAPONS. volving weapons of mass destruction. Sec. 1524. Execution of objection authority (a) FINDINGS.—The Congress makes the fol- (2) Not later than December 15 of each year, within the Department of De- lowing findings: beginning in 1999 and ending in 2001, the panel fense. (1) The 7,000 to 12,000 or more nonstrategic (or shall submit to the President and to the Con- Subtitle D—Counterproliferation Matters ‘‘tactical’’) nuclear weapons estimated by the gress a report setting forth its findings, conclu- United States Strategic Command to be in the Sec. 1531. One-year extension of sions, and recommendations for improving Fed- Russian arsenal may present the greatest threat counterproliferation authorities eral, State, and local domestic emergency pre- of sale or theft of a nuclear warhead in the for support of United Nations paredness to respond to incidents involving world today. Special Commission on Iraq. weapons of mass destruction. (2) As the number of deployed strategic war- Sec. 1532. Sense of Congress on nuclear tests in (i) COOPERATION OF OTHER AGENCIES.—(1) heads in the Russian and United States arsenals South Asia. The panel may secure directly from the Depart- declines to just a few thousand under the Sec. 1533. Report on requirements for response ment of Defense, the Department of Energy, the START accords, Russia’s vast superiority in tac- to increased missile threat in Department of Health and Human Services, the tical nuclear warheads—many of which have Asia-Pacific region. Department of Justice, and the Federal Emer- yields equivalent to strategic nuclear weapons— gency Management Agency, or any other Fed- Subtitle A—Arms Control Matters could become strategically destabilizing. eral department or agency information that the SEC. 1501. ONE-YEAR EXTENSION OF LIMITATION (3) While the United States has unilaterally panel considers necessary for the panel to carry ON RETIREMENT OR DISMANTLE- reduced its inventory of tactical nuclear weap- out its duties. MENT OF STRATEGIC NUCLEAR DE- ons by nearly 90 percent since the end of the (2) The Attorney General, the Secretary of De- LIVERY SYSTEMS. Cold War, Russia is behind schedule in imple- fense, the Secretary of Energy, the Secretary of Section 1302 of the National Defense Author- menting the steep tactical nuclear arms reduc- Health and Human Services, the Director of the ization Act for Fiscal Year 1998 (Public Law tions pledged by former Soviet President Gorba- Federal Emergency Management Agency, and 105–85; 111 Stat. 1948) is amended— chev in 1991 and Russian President Yeltsin in any other official of the United States shall pro- (1) in subsections (a), (b), and (c)(2), by strik- 1992, perpetuating the dangers from Russia’s vide the panel with full and timely cooperation ing out ‘‘during fiscal year 1998’’ and inserting tactical nuclear stockpile. in carrying out its duties under this section. in lieu thereof ‘‘during the strategic delivery (b) SENSE OF CONGRESS.—It is the sense of (j) FUNDING.—The Secretary of Defense shall systems retirement limitation period’’ ; Congress that the President should call on Rus- provide the funds necessary for the panel to (2) in subsection (c)(1), by striking out ‘‘dur- sia to expedite reduction of its tactical nuclear carry out its duties from the funds available to ing fiscal year 1998’’; arsenal in accordance with the promises made in the Department of Defense for weapons of mass (3) in subsection (d)(1)— 1991 and 1992. destruction preparedness initiatives. (A) by striking out ‘‘for fiscal year 1998’’; and (c) REPORT.—Not later than March 15, 1999, (k) COMPENSATION OF PANEL MEMBERS.—(1) (B) by striking out ‘‘during fiscal year 1998’’; the Secretary of Defense shall submit to Con- Members of the panel shall serve without pay by and gress a report on the nonstrategic nuclear weap- reason of their work on the panel. (4) by adding at the end the following new ons of Russia. The report shall include— (2) Members of the panel shall be allowed subsection: (1) estimates regarding the current numbers, travel expenses, including per diem in lieu of ‘‘(g) STRATEGIC DELIVERY SYSTEMS RETIRE- types, yields, viability, and locations of those subsistence, at rates authorized for employees of MENT LIMITATION PERIOD.—For purposes of this weapons; agencies under subchapter 57 of title 5, United section, the term ‘‘strategic delivery systems re- (2) an assessment of the strategic implications States Code, while away from their homes or tirement limitation period’’ means the period of of Russia’s nonstrategic arsenal, including the regular place of business in performance of serv- fiscal years 1998 and 1999.’’. potential use of those weapons in a strategic ices for the panel. SEC. 1502. TRANSMISSION OF EXECUTIVE role or the use of their components in strategic (l) TERMINATION OF THE PANEL.—The panel nuclear systems and the potential of Russian shall terminate three years after the date of the BRANCH REPORTS PROVIDING CON- GRESS WITH CLASSIFIED SUM- superiority in tactical nuclear weapons to desta- appointment of the member selected as chairman MARIES OF ARMS CONTROL DEVEL- bilize the overall nuclear balance as strategic of the panel. OPMENTS. nuclear weapons are sharply reduced under the (m) DEFINITION.—In this section, the term (a) REPORTING REQUIREMENT.—The Director START accords; ‘‘weapon of mass destruction’’ has the meaning of the Arms Control and Disarmament Agency (3) an assessment of the extent of the current given that term in section 1403(1) of the Defense (or the Secretary of State, if the Arms Control threat of theft, sale, or unauthorized use of the Against Weapons of Mass Destruction Act of and Disarmament Agency becomes an element of warheads of those weapons, including an anal- 1996 (50 U.S.C. 2302(1)). the Department of State) shall transmit to the ysis of Russian command and control as it con- TITLE XV—MATTERS RELATING TO ARMS Committee on National Security of the House of cerns the use of tactical nuclear weapons; CONTROL, EXPORT CONTROLS, AND Representatives on a periodic basis reports con- (4) a summary of past, current, and planned COUNTER- taining classified summaries of arms control de- efforts to work cooperatively with Russia to ac- PROLIFERATION velopments. count for, secure, and reduce Russia’s stockpile Subtitle A—Arms Control Matters (b) CONTENTS OF REPORTS.—The reports re- of tactical nuclear weapons and associated Sec. 1501. One-year extension of limitation on quired by subsection (a) shall include informa- fissile material; retirement or dismantlement of tion reflecting the activities of forums estab- (5) a summary of how the United States would strategic nuclear delivery systems. lished to consider issues relating to treaty imple- prevent, or plans to cope militarily with, sce- Sec. 1502. Transmission of executive branch re- mentation and treaty compliance. narios in which a deterioration in relations with ports providing Congress with SEC. 1503. REPORT ON ADEQUACY OF EMER- Moscow causes Russia to redeploy tactical nu- classified summaries of arms con- GENCY COMMUNICATIONS CAPABILI- clear weapons or in which Russia threatens to trol developments. TIES BETWEEN UNITED STATES AND employ, or actually employs, tactical nuclear Sec. 1503. Report on adequacy of emergency RUSSIA. weapons in a local or regional conflict involving communications capabilities be- Not later than three months after the date of the United States or allies of the United States; tween United States and Russia. the enactment of this Act, the Secretary of De- and September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8169 (6) an assessment of the steps that could be (1) in subsection (a)— (iii) activities relating to launch failure, taken by the United States to enhance military (A) by striking out ‘‘$700,000’’ and inserting in delay, or cancellation, including post-launch preparedness in order (A) to deter any potential lieu thereof ‘‘100 percent’’; and failure investigations; and attempt by Russia to possibly exploit its advan- (B) by striking out ‘‘(a) DEFENSE TRADE CON- (iv) all other aspects of the launch. tage in tactical nuclear weapons through coer- TROLS REGISTRATION FEES.—’’; and (3) MANDATORY LICENSES FOR CRASH-INVES- cive ‘‘nuclear diplomacy’’ or on the battlefield, (2) by striking out subsection (b). TIGATIONS.—In the event of the failure of a or (B) to counter Russia if Russia should make (c) EFFECTIVE DATE.—(1) Subsection (a) shall launch from a foreign country of a satellite of such an attempt to exploit its advantage in tac- take effect on March 15, 1999, and shall not United States origin— tical nuclear weapons. apply to any export license issued before such (A) the activities of United States persons or (d) VIEWS.—The Secretary of Defense shall in- effective date or to any export license applica- entities in connection with any subsequent in- clude in the report under subsection (c) the tion made under the Export Administration Reg- vestigation of the failure are subject to the con- views of the Director of Central Intelligence and ulations before such effective date. trols established under section 38 of the Arms of the commander of the United States Strategic (2) The amendments made by subsection (b) Export Control Act, including requirements for Command. shall be effective as of October 1, 1998. licenses issued by the Secretary of State for par- Subtitle B—Satellite Export Controls (d) REPORT.—Not later than January 1, 1999, ticipation in that investigation; the Secretary of State, in consultation with the (B) officials of the Department of Defense SEC. 1511. SENSE OF CONGRESS. shall monitor all activities associated with the It is the sense of Congress that— Secretary of Defense and the Secretary of Com- merce, shall submit to Congress a report con- investigation to insure against unauthorized (1) United States business interests must not transfer of technical data or services; and be placed above United States national security taining— (1) a detailed description of the plans of the (C) the Secretary of Defense shall establish interests; and implement a technology transfer control (2) United States foreign policy and the poli- Department of State to implement the require- ments of this section, including any organiza- plan for the conduct of the investigation to pre- cies of the United States regarding commercial vent the transfer of information that could be relations with other countries should affirm the tional changes that are required and any Exec- utive orders or regulations that may be required; used by the foreign country to improve its mis- importance of observing and adhering to the sile or space launch capabilities. Missile Technology Control Regime (MTCR); (2) an identification and explanation of any steps that should be taken to improve the license (4) MANDATORY NOTIFICATION AND CERTIFI- (3) the United States should encourage uni- CATION.—All technology transfer control plans versal observance of the Guidelines to the Mis- review process for exports of the satellites and related items described in subsection (a), includ- for satellites or related items shall require any sile Technology Control Regime; United States person or entity involved in the (4) the exportation or transfer of advanced ing measures to shorten the timelines for license application reviews, and any measures relating export of a satellite of United States origin or re- communication satellites and related tech- lated items to notify the Department of Defense nologies from United States sources to foreign to the transparency of the license review process and dispute resolution procedures; in advance of all meetings and interactions with recipients should not increase the risks to the any foreign person or entity providing launch national security of the United States; (3) an evaluation of the adequacy of resources available to the Department of State, including services and require the United States person or (5) due to the military sensitivity of the tech- entity to certify after the launch that it has nologies involved, it is in the national security fiscal and personnel resources, to carry out the additional activities required by this section; complied with this notification requirement. interests of the United States that United States (5) MANDATORY INTELLIGENCE COMMUNITY RE- and satellites and related items be subject to the VIEW.—The Secretary of Commerce and the Sec- (4) any recommendations for additional ac- same export controls that apply under United retary of State shall provide to the Secretary of tions, including possible legislation, to improve States law and practices to munitions; Defense and the Director of Central Intelligence the export licensing process under the Arms Ex- (6) the United States should not issue any copies of all export license applications and port Control Act for the satellites and related blanket waiver of the suspensions contained in technical assistance agreements submitted for items described in subsection (a). section 902 of the Foreign Relations Authoriza- approval in connection with launches in foreign tion Act, Fiscal Years 1990 and 1991 (Public Law SEC. 1514. NATIONAL SECURITY CONTROLS ON countries of satellites to verify the legitimacy of SATELLITE EXPORT LICENSING. 101-246), regarding the export of satellites of the stated end-user or end-users. United States origin intended for launch from a (a) ACTIONS BY THE PRESIDENT.—Notwith- (6) MANDATORY SHARING OF APPROVED LI- launch vehicle owned by the People’s Republic standing any other provision of law, the Presi- CENSES AND AGREEMENTS.—The Secretary of of China; dent shall take such actions as are necessary to State shall provide copies of all approved export (7) the United States should pursue policies implement the following requirements for im- licenses and technical assistance agreements as- that protect and enhance the United States proving national security controls in the export sociated with launches in foreign countries of space launch industry; and licensing of satellites and related items: satellites to the Secretaries of Defense and En- (8) the United States should not export to the (1) MANDATORY TECHNOLOGY CONTROL ergy, the Director of Central Intelligence, and People’s Republic of China missile equipment or PLANS.—All export licenses shall require a tech- the Director of the Arms Control and Disar- technology that would improve the missile or nology transfer control plan approved by the mament Agency. space launch capabilities of the People’s Repub- Secretary of Defense and an encryption tech- (7) MANDATORY NOTIFICATION TO CONGRESS ON lic of China. nology transfer control plan approved by the LICENSES.—Upon issuing a license for the export SEC. 1512. CERTIFICATION OF EXPORTS OF MIS- Director of the National Security Agency. of a satellite or related items for launch in a for- SILE EQUIPMENT OR TECHNOLOGY (2) MANDATORY MONITORS AND REIMBURSE- eign country, the head of the department or TO CHINA. MENT.— agency issuing the license shall so notify Con- The President shall certify to the Congress at (A) MONITORING OF PROPOSED FOREIGN gress. least 15 days in advance of any export to the LAUNCH OF SATELLITES.—In any case in which (8) MANDATORY REPORTING ON MONITORING People’s Republic of China of missile equipment a license is approved for the export of a satellite ACTIVITIES.—The Secretary of Defense shall pro- or technology (as defined in section 74 of the or related items for launch in a foreign country, vide to Congress an annual report on the mon- Arms Export Control Act (22 U.S.C. 2797c)) the Secretary of Defense shall monitor all as- itoring of all launches in foreign countries of that— pects of the launch in order to ensure that no satellites of United States origin. (1) such export is not detrimental to the unauthorized transfer of technology occurs, in- (9) ESTABLISHING SAFEGUARDS PROGRAM.—The United States space launch industry; and cluding technical assistance and technical data. Secretary of Defense shall establish a program (2) the missile equipment or technology, in- The costs of such monitoring services shall be for recruiting, training, and maintaining a staff cluding any indirect technical benefit that could fully reimbursed to the Department of Defense dedicated to monitoring launches in foreign be derived from such export, will not measurably by the person or entity receiving such services. countries of satellites and related items of improve the missile or space launch capabilities All reimbursements received under this subpara- United States origin. of the People’s Republic of China. graph shall be credited to current appropria- (b) EXCEPTION.—This section shall not apply SEC. 1513. SATELLITE CONTROLS UNDER THE tions available for the payment of the costs in- to the export of a satellite or related items for UNITED STATES MUNITIONS LIST. curred in providing such services. launch in, or by nationals of, a country that is (a) CONTROL OF SATELLITES ON THE UNITED (B) CONTENTS OF MONITORING.—The monitor- a member of the North Atlantic Treaty Organi- STATES MUNITIONS LIST.—Notwithstanding any ing under subparagraph (A) shall cover, but not zation or that is a major non-NATO ally of the other provision of law, all satellites and related be limited to— United States. items that are on the Commerce Control List of (i) technical discussions and activities, includ- (c) EFFECTIVE DATE.—The President shall dual-use items in the Export Administration ing the design, development, operation, mainte- take the actions required by subsection (a) not Regulations (15 C.F.R. Part 730 et seq.) on the nance, modification, and repair of satellites, later than 45 days after the date of the enact- date of the enactment of this Act shall be trans- satellite components, missiles, other equipment, ment of this Act. ferred to the United States Munitions List and launch facilities, and launch vehicles; SEC. 1515. REPORT ON EXPORT OF SATELLITES controlled under section 38 of the Arms Export (ii) satellite processing and launch activities, FOR LAUNCH BY PEOPLE’S REPUB- Control Act (22 U.S.C. 2778). including launch preparation, satellite trans- LIC OF CHINA. (b) DEFENSE TRADE CONTROLS REGISTRATION portation, integration of the satellite with the (a) REQUIREMENT FOR REPORT.—Each report FEES.—Section 45 of the State Department Basic launch vehicle, testing and checkout prior to to Congress submitted pursuant to subsection (b) Authorities Act of 1956 (22 U.S.C. 2717) is launch, satellite launch, and return of equip- of section 902 of the Foreign Relations Author- amended— ment to the United States; ization Act, Fiscal Years 1990 and 1991 (22 H8170 CONGRESSIONAL RECORD — HOUSE September 22, 1998 U.S.C. 2151 note; Public Law 101–246) to waive ment, test equipment, payload adapter or inter- SEC. 1522. RELEASE OF EXPORT INFORMATION BY the restrictions contained in subsection (a) of face hardware, replacement parts, and non-em- DEPARTMENT OF COMMERCE TO that section on the export to the People’s Re- bedded solid propellant orbit transfer engines OTHER AGENCIES FOR PURPOSE OF public of China of any satellite of United States described in the report submitted to Congress by NATIONAL SECURITY ASSESSMENT. origin or related items shall be accompanied by the Department of State on February 6, 1998, (a) RELEASE OF EXPORT INFORMATION.—The a detailed justification setting forth the follow- pursuant to section 38(f) of the Arms Export Secretary of Commerce shall, upon the written ing: Control Act (22 U.S.C. 2778(f)). request of an official specified in subsection (c), transmit to that official any information relat- (1) A detailed description of all militarily sen- Subtitle C—Other Export Control Matters sitive characteristics integrated within, or asso- ing to exports that is held by the Department of ciated with, the satellite. SEC. 1521. AUTHORITY FOR EXPORT CONTROL AC- Commerce and is requested by that official for (2) An estimate of the number of United States TIVITIES OF THE DEPARTMENT OF the purpose of assessing national security risks. DEFENSE. civilian contract personnel expected to be need- The Secretary shall transmit such information ed in country to carry out the proposed satellite (a) FUNCTIONS OF THE UNDER SECRETARY FOR within 10 business days after receiving such a launch. POLICY.—Section 134(b) of title 10, United States request. (b) NATURE OF INFORMATION.—The informa- (3)(A) A detailed description of the United Code, is amended by adding at the end the fol- tion referred to in subsection (a) includes infor- States Government’s plan to monitor the pro- lowing new paragraph: mation concerning— posed satellite launch to ensure that no unau- ‘‘(3) Subject to the authority, direction, and (1) export licenses issued by the Department of thorized transfer of technology occurs, together control of the Secretary of Defense, the Under Commerce; with an estimate of the number of officers and Secretary shall have responsibility for super- vising and directing activities of the Department (2) exports that were carried out under an ex- employees of the United States that are expected port license issued by the Department of Com- to be needed in country to carry out monitoring of Defense relating to export controls.’’. (b) ESTABLISHMENT OF DEPUTY UNDER SEC- merce; and of the proposed satellite launch; and (3) exports from the United States that were (B) the estimated cost to the Department of RETARY FOR TECHNOLOGY SECURITY POLICY.— (1) Chapter 4 of title 10, United States Code, is carried out without an export license. Defense of monitoring the proposed satellite (c) REQUESTING OFFICIALS.—The officials re- amended by inserting after section 134a the fol- launch and the amount of such cost that is to ferred to in subsection (a) are the Secretary of lowing new section: be reimbursed to the department. State, the Secretary of Defense, the Secretary of (4) The reasons why the proposed satellite ‘‘§ 134b. Deputy Under Secretary of Defense for Energy, and the Director of Central Intel- launch is in the national security interest of the Technology Security Policy ligence. Each of those officials may delegate to United States. ‘‘(a) There is in the Office of the Under Sec- any other official within their respective depart- (5) The impact of the proposed export on em- retary of Defense for Policy a Deputy Under ments and agency the authority to request in- ployment in the United States, including the Secretary of Defense for Technology Security formation under subsection (a). number of new jobs created in the United States, Policy. SEC. 1523. NUCLEAR EXPORT REPORTING RE- on a State-by-State basis, as a direct result of ‘‘(b) The Deputy Under Secretary serves as QUIREMENT. the proposed export. the Director of the Defense Technology Security (a) NOTIFICATION OF CONGRESS.—The Presi- (6) The number of existing jobs in the United Administration (or any successor organization dent shall notify Congress upon the granting of States that would be lost, on a State-by-State charged with similar responsibilities). a license by the Nuclear Regulatory Commission basis, as a direct result of the proposed export ‘‘(c) The principal duties of the Deputy Under for the export or reexport of any nuclear-related not being licensed. technology or equipment, including source mate- (7) The impact of the proposed export on the Secretary are— ‘‘(1) assisting the Under Secretary of Defense rial, special nuclear material, or equipment or balance of trade between the United States and material especially designed or prepared for the the People’s Republic of China and on reducing for Policy in supervising and directing the ac- tivities of the Department of Defense relating to processing, use, or production of special nuclear the current United States trade deficit with the material. People’s Republic of China. export controls; and ‘‘(2) assisting the Under Secretary of Defense (b) APPLICABILITY.—The requirements of this (8) The impact of the proposed export on the section shall apply only to an export or reexport transition of the People’s Republic of China for Policy in developing policies and positions regarding the appropriate export control policies to a country that— from a nonmarket economy to a market economy (1) the President has determined is a country and the long-term economic benefit to the and procedures that are necessary to protect the national security interests of the United States. that has detonated a nuclear explosive device; United States. and ‘‘(d) The Deputy Under Secretary shall per- (9) The impact of the proposed export on (2) is not a member of the North Atlantic form such additional duties and exercise such opening new markets to United States-made Treaty Organization. products through the purchase by the People’s authority as the Secretary of Defense may pre- scribe.’’. SEC. 1524. EXECUTION OF OBJECTION AUTHOR- Republic of China of United States-made goods ITY WITHIN THE DEPARTMENT OF and services not directly related to the proposed (2) The table of sections at the beginning of DEFENSE. export. such chapter is amended by inserting after the Section 1211 of the National Defense Author- (10) The impact of the proposed export on re- item relating to section 134a the following new ization Act for Fiscal Year 1998 (Public Law ducing acts, policies, and practices that con- item: 105–85; 111 Stat. 1932) is amended by adding at stitute significant trade barriers to United States ‘‘134b. Deputy Under Secretary of Defense for the end the following new subsection: exports or foreign direct investment in the Peo- Technology Security Policy.’’. ‘‘(g) DELEGATION OF OBJECTION AUTHORITY ple’s Republic of China by United States nation- (c) TIME FOR IMPLEMENTATION.—The Sec- WITHIN THE DEPARTMENT OF DEFENSE.—For the als. retary of Defense shall complete the actions nec- purposes of the Department of Defense, the au- (11) The increase that will result from the pro- essary to implement the amendment made by thority to issue an objection referred to in sub- posed export in the overall market share of the subsection (a) and to establish the office of Dep- section (a) shall be executed for the Secretary of United States for goods and services in compari- uty Under Secretary of Defense for Technology Defense by an official at the Assistant Secretary son to Japan, France, Germany, the United Security Policy in accordance with section 134b level within the office of the Under Secretary of Kingdom, and Russia. of title 10, United States Code, as added by sub- Defense for Policy. In implementing subsection (12) The impact of the proposed export on the section (b), not later than 60 days after the date (a), the Secretary of Defense shall ensure that willingness of the People’s Republic of China to of the enactment of this Act. Department of Defense procedures maximize the modify its commercial and trade laws, practices, (d) REPORT.—Not later than 90 days after the ability of the Department of Defense to be able and regulations to make United States-made date of the enactment of this Act, the Secretary to issue an objection within the 10–day period goods and services more accessible to that mar- of Defense shall submit to the Committee on specified in subsection (c).’’. ket. Armed Services of the Senate and the Committee Subtitle D—Counterproliferation Matters (13) The impact of the proposed export on the on National Security of the House of Represent- willingness of the People’s Republic of China to SEC. 1531. ONE-YEAR EXTENSION OF COUNTER- atives a report on the plans of the Secretary for PROLIFERATION AUTHORITIES FOR reduce formal and informal trade barriers and implementing the amendments made by sub- SUPPORT OF UNITED NATIONS SPE- tariffs, duties, and other fees on United States- sections (a) and (b). The report shall include the CIAL COMMISSION ON IRAQ. made goods and services entering that country. following: (a) AMOUNT AUTHORIZED FOR FISCAL YEAR (b) MILITARILY SENSITIVE CHARACTERISTICS (1) A description of any organizational 1999.—The total amount of assistance for fiscal DEFINED.—In this section, the term ‘‘militarily changes that are to be made within the Depart- year 1999 provided by the Secretary of Defense sensitive characteristics’’ includes antijamming ment of Defense to implement those amend- under section 1505 of the Weapons of Mass De- capability, antennas, crosslinks, baseband proc- ments. struction Control Act of 1992 (22 U.S.C. 5859a) essing, encryption devices, radiation-hardened (2) A description of the role of the Chairman that is provided for activities of the Department devices, propulsion systems, pointing accuracy, of the Joint Chiefs of Staff in the export control of Defense in support of the United Nations Spe- kick motors, and other such characteristics as activities of the Department of Defense after cial Commission on Iraq, may not exceed are specified by the Secretary of Defense. those subsections are implemented, together $15,000,000. SEC. 1516. RELATED ITEMS DEFINED. with a discussion of how that role compares to (b) EXTENSION OF AUTHORITY TO PROVIDE AS- In this subtitle, the term ‘‘related items’’ the Chairman’s role in those activities before the SISTANCE.—Subsection (f) of section 1505 of the means the satellite fuel, ground support equip- implementation of those subsections. Weapons of Mass Destruction Control Act of September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8171 1992 (22 U.S.C. 5859a) is amended by striking out DIVISION B—MILITARY CONSTRUCTION Army: Outside the United States— ‘‘1998’’ and inserting in lieu thereof ‘‘1999’’. AUTHORIZATIONS Continued SEC. 1532. SENSE OF CONGRESS ON NUCLEAR SEC. 2001. SHORT TITLE. TESTS IN SOUTH ASIA. Installation or loca- This division may be cited as the ‘‘Military Country tion Amount The Congress— Construction Authorization Act for Fiscal Year 1999’’. Wurzburg ...... $4,250,000 (1) strongly condemns the decisions by the TITLE XXI—ARMY Korea ...... Camp Casey ...... $21,400,000 Governments of India and Pakistan to conduct Camp Castle ...... $18,226,000 nuclear tests in May 1998; Sec. 2101. Authorized Army construction and Camp Humphreys ...... $8,500,000 (2) calls for the Governments of India and land acquisition projects. Camp Stanley ...... $5,800,000 Pakistan to commit not to conduct any addi- Sec. 2102. Family housing. Kwajalein ..... Kwajalein Atoll ...... $48,600,000 tional nuclear tests; Sec. 2103. Improvements to military family housing units. Total ...... $131,076,000 (3) urges the Governments of India and Paki- Sec. 2104. Authorization of appropriations, SEC. 2102. FAMILY HOUSING. stan to take immediate steps to reduce tensions Army. between the two countries; Sec. 2105. Modification of authority to carry (a) CONSTRUCTION AND ACQUISITION.—Using (4) urges India and Pakistan to engage in out fiscal year 1998 projects. amounts appropriated pursuant to the author- ization of appropriations in section high-level dialogue aimed at reducing the likeli- SEC. 2101. AUTHORIZED ARMY CONSTRUCTION hood of armed conflict, enacting confidence and AND LAND ACQUISITION PROJECTS. 2104(a)(5)(A), the Secretary of the Army may construct or acquire family housing units (in- security building measures, and resolving areas (a) INSIDE THE UNITED STATES.—Using cluding land acquisition) at the installations, of dispute; amounts appropriated pursuant to the author- for the purposes, and in the amounts set forth (5) commends all nations to take steps which ization of appropriations in section 2104(a)(1), in the following table: will reduce tensions in South Asia, including the Secretary of the Army may acquire real appropriate measures to prevent the transfer of property and carry out military construction Army: Family Housing technology that could further exacerbate the projects for the installations and locations in- arms race in South Asia, and thus avoid further side the United States, and in the amounts, set Installa- deterioration of security there; forth in the following table: State tion or Purpose Amount location (6) calls upon the President, leaders of all na- Army: Inside the United States tions, and the United Nations to encourage a Alabama ..... Redstone 118 Units $14,000,000 diplomatic, negotiated solution between the gov- Arsenal. Installation or loca- ernments of India and Pakistan to promote State tion Amount Hawaii ...... Schofield 64 Units .. $14,700,000 peace and stability in South Asia and resolve Barracks. the current impasse; Alabama ...... Anniston Army Depot $3,550,000 North Caro- Fort Bragg 170 Units $19,800,000 Fort Rucker ...... $14,300,000 lina. (7) encourages United States diplomatic lead- Redstone Arsenal ...... $1,550,000 Texas ...... Fort Hood 154 Units $21,600,000 ership in assisting the governments of India and Alaska ...... Fort Wainwright ...... $22,600,000 Virginia ...... Fort Lee .... 80 Units .. $13,000,000 Pakistan to seek a negotiated resolution of their California .... Fort Irwin ...... $14,800,000 50-year conflict over the disputed territory in Georgia ...... Fort Benning ...... $28,600,000 Total ... $83,100,000 Kashmir; Hawaii ...... Schofield Barracks ...... $71,000,000 Illinois ...... Rock Island Arsenal ... $5,300,000 (b) PLANNING AND DESIGN.—Using amounts (8) urges India and Pakistan to take imme- Indiana ...... Crane Army Ammuni- appropriated pursuant to the authorization of diate, binding, and verifiable steps to roll back tion Activity ...... $7,100,000 appropriations in section 2104(a)(5)(A), the Sec- their nuclear programs and come into compli- Kansas ...... Fort Riley ...... $41,000,000 retary of the Army may carry out architectural ance with internationally accepted norms re- Kentucky ..... Blue Grass Army Depot $5,300,000 and engineering services and construction de- garding the proliferation of weapons of mass de- Fort Campbell ...... $75,000,000 sign activities with respect to the construction struction; and Fort Knox ...... $23,000,000 Louisiana .... Fort Polk ...... $8,300,000 or improvement of family housing units in an (9) urges the United States to reevaluate its bi- Maryland ..... Fort Detrick ...... $3,550,000 amount not to exceed $6,350,000. lateral relationship with India and Pakistan, in Fort Meade ...... $5,300,000 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY light of the new regional security realities in Missouri ...... Fort Leonard Wood .... $28,200,000 HOUSING UNITS. South Asia, with the goal of preventing further New Jersey ... Fort Monmouth ...... $7,600,000 Subject to section 2825 of title 10, United nuclear and ballistic missile proliferation, dif- Picatinny Arsenal ...... $8,400,000 States Code, and using amounts appropriated fusing long-standing regional rivalries between New York ..... Fort Drum ...... $4,650,000 pursuant to the authorization of appropriations India and Pakistan, and securing commitments United States Military Academy, West Point $85,000,000 in section 2104(a)(5)(A), the Secretary of the from India and Pakistan which, if carried out, North Caro- Fort Bragg ...... $95,900,000 Army may improve existing military family could result in a calibrated lifting of United lina. housing units in an amount not to exceed States sanctions imposed under the Arms Export Oklahoma .... Fort Sill ...... $13,800,000 $48,479,000. Control Act and the Nuclear Proliferation Pre- McAlester Army Am- vention Act of 1994. munition Plant ...... $10,800,000 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, Texas ...... Fort Bliss ...... $4,100,000 ARMY. SEC. 1533. REPORT ON REQUIREMENTS FOR RE- Fort Hood ...... $32,500,000 (a) IN GENERAL.—Funds are hereby author- SPONSE TO INCREASED MISSILE Fort Sam Houston ...... $27,300,000 THREAT IN ASIA-PACIFIC REGION. ized to be appropriated for fiscal years begin- Utah ...... Tooele Army Depot ..... $3,900,000 ning after September 30, 1998, for military con- Virginia ...... National Ground Intel- (a) STUDY.—The Secretary of Defense shall struction, land acquisition, and military family carry out a study of the architecture require- ligence Center, Char- lottesville ...... $46,200,000 housing functions of the Department of the ments for the establishment and operation of a Fort Eustis ...... $41,181,000 Army in the total amount of $2,098,713,000 as theater ballistic missile defense system in the Fort Myer ...... $6,200,000 follows: Asia-Pacific region that would have the capabil- Washington Fort Lewis ...... $18,200,000 (1) For military construction projects inside ity to protect key regional allies of the United CONUS Clas- Classified Location ..... $4,600,000 the United States authorized by section 2101(a), sified. States. $609,781,000. (b) REPORT.—(1) Not later than January 1, Total ...... $768,781,000 (2) For military construction projects outside 1999, the Secretary shall submit to the Commit- the United States authorized by section 2101(b), tee on National Security of the House of Rep- (b) OUTSIDE THE UNITED STATES.—Using $95,076,000. resentatives and the Committee on Armed Serv- amounts appropriated pursuant to the author- (3) For unspecified minor construction ices of the Senate a report containing— ization of appropriations in section 2104(a)(2), projects authorized by section 2805 of title 10, (A) the results of the study conducted under the Secretary of the Army may acquire real United States Code, $12,500,000. subsection (a); property and carry out military construction (4) For architectural and engineering services (B) the factors used to obtain such results; projects for the locations outside the United and construction design under section 2807 of and States, and in the amounts, set forth in the fol- title 10, United States Code, $64,269,000. lowing table: (C) a description of any United States missile (5) For military family housing functions: defense system currently deployed or under de- Army: Outside the United States (A) For construction and acquisition, plan- velopment that could be transferred to key allies ning and design, and improvement of military of the United States in the Asia-Pacific region Country Installation or loca- Amount family housing and facilities, $137,929,000. to provide for their self-defense against limited tion (B) For support of military family housing ballistic missile attacks. Belgium ...... 80th Area Support $6,300,000 (including the functions described in section (2) The report shall be submitted in both clas- Group. 2833 of title 10, United States Code), sified and unclassified form. Germany ...... Schweinfurt ...... $18,000,000 $1,097,697,000. H8172 CONGRESSIONAL RECORD — HOUSE September 22, 1998 (6) For the construction of the missile software (1) in the item relating to Fort Drum, New Navy: Inside the United States— engineering annex, phase II, Redstone Arsenal, York, by striking out ‘‘$24,400,000’’ in the Continued Alabama, authorized by section 2101(a) of the amount column and inserting in lieu thereof Military Construction Authorization Act for ‘‘$24,900,000’’; State Installation or loca- Amount Fiscal Year 1998 (division B of Public Law 105– (2) in the item relating to Fort Sill, Oklahoma, tion 85; 111 Stat. 1966), $13,600,000. by striking out ‘‘$25,000,000’’ in the amount col- (7) For the construction of a disciplinary bar- umn and inserting in lieu thereof ‘‘$28,500,000’’; Naval Shipyard, Pearl $11,400,000 Harbor. racks, phase II, Fort Leavenworth, Kansas, au- and Naval Station, Pearl $18,180,000 thorized by section 2101(a) of the Military Con- (3) by striking out the amount identified as Harbor. struction Authorization Act for Fiscal Year the total in the amount column and inserting in Naval Submarine Base, 1998, $29,000,000. lieu thereof ‘‘$602,750,000’’. Pearl Harbor ...... $8,060,000 (8) For the construction of the whole barracks (b) CONFORMING AMENDMENTS.—Section 2104 Navy Public Works complex renewal, Fort Sill, Oklahoma, author- of that Act (111 Stat. 1968) is amended— Center, Pearl Harbor $28,967,000 ized by section 2101(a) of the Military Construc- (1) in subsection (a)— Illinois ...... Naval Training Center, tion Authorization Act for Fiscal Year 1998, (A) in the matter preceding paragraph (1), by Great Lakes ...... $19,950,000 striking out ‘‘$2,010,466,000’’ and inserting in Indiana ...... Naval Surface Warfare $20,500,000. Center, Crane ...... $11,110,000 (9) For rail yard expansion at Fort Carson, lieu thereof ‘‘$2,013,966,000’’; and Maryland ..... Naval Surface Warfare Colorado, authorized by section 2101(a) of the (B) in paragraph (1), by striking out Center, Indian Head Military Construction Authorization Act for ‘‘$435,350,000’’ and inserting in lieu thereof Division, Indian Fiscal Year 1998, $23,000,000. ‘‘$438,850,000’’; and Head ...... $13,270,000 (10) For the construction of an aerial gunnery (2) in subsection (b)(8), by striking out United States Naval range at Fort Drum, New York, authorized by ‘‘$8,500,000’’ and inserting in lieu thereof Academy ...... $4,300,000 section 2101(a) of the Military Construction Au- ‘‘$9,000,000’’. Mississippi ... Naval Air Station, Me- $3,280,000 ridian. thorization Act for Fiscal Year 1998, $9,000,000. TITLE XXII—NAVY Naval Construction (b) LIMITATION ON TOTAL COST OF CONSTRUC- Sec. 2201. Authorized Navy construction and Battalion Center, TION PROJECTS.—Notwithstanding the cost vari- land acquisition projects. Gulfport ...... $10,670,000 ations authorized by section 2853 of title 10, Sec. 2202. Family housing. North Caro- Marine Corps Air Sta- United States Code, and any other cost vari- Sec. 2203. Improvements to military family lina. tion, Cherry Point ... $6,040,000 ation authorized by law, the total cost of all housing units. Marine Corps Base, projects carried out under section 2101 of this Sec. 2204. Authorization of appropriations, Camp LeJeune ...... $14,600,000 Act may not exceed— Navy. Pennsylvania Naval Surface Warfare (1) the total amount authorized to be appro- Sec. 2205. Authorization to accept road con- Center Ship Systems Engineering Station, priated under paragraphs (1) and (2) of sub- struction project, Marine Corps Philadelphia ...... $2,410,000 section (a); Base, Camp Lejeune, North Caro- Naval Inventory Con- (2) $16,000,000 (the balance of the amount au- lina. trol Point, Mechan- thorized under section 2101(a) for the construc- SEC. 2201. AUTHORIZED NAVY CONSTRUCTION icsburg ...... $1,600,000 tion of a multipurpose digital training range at AND LAND ACQUISITION PROJECTS. Naval Inventory Con- Fort Knox, Kentucky); (a) INSIDE THE UNITED STATES.—Using trol Point, Philadel- (3) $15,000,000 (the balance of the amount au- amounts appropriated pursuant to the author- phia ...... $1,550,000 thorized under section 2101(a) for the construc- Rhode Island Naval Education and ization of appropriations in section 2204(a)(1), Training Center, tion of a railhead facility at Fort Hood, Texas); the Secretary of the Navy may acquire real Newport ...... $5,630,000 (4) $73,000,000 (the balance of the amount au- property and carry out military construction Naval Undersea War- thorized under section 2101(a) for the construc- projects for the installations and locations in- fare Center Division, tion of a cadet development center at the United side the United States, and in the amounts, set Newport ...... $9,140,000 States Military Academy, West Point, New forth in the following table: South Caro- Marine Corps Air Sta- York); lina. tion, Beaufort ...... $1,770,000 (5) $36,000,000 (the balance of the amount au- Navy: Inside the United States Marine Corps Reserve thorized under section 2101(b) for the construc- Detachment, Parris Island ...... $15,990,000 tion of a powerplant on Roi Namur Island at Installation or loca- State tion Amount Naval Weapons Sta- Kwajalein Atoll, Kwajalein); tion, Charleston ...... $9,737,000 (6) $3,500,000 (the balance of the amount au- Arizona ...... Marine Corps Air Sta- $11,010,000 Texas ...... Naval Station, $12,200,000 thorized under section 2101(a) for the construc- tion, Yuma. Ingleside. tion of the whole barracks complex renewal at Naval Observatory De- Virginia ...... Fleet and Industrial Fort Wainwright, Alaska); tachment, Flagstaff $990,000 Supply Center, Nor- (7) $24,500,000 (the balance of the amount au- California .... Marine Corps Air Sta- folk (Craney Island) $1,770,000 thorized under section 2101(a) for the construc- tion, Miramar ...... $29,570,000 Fleet Training Center, $5,700,000 tion of the whole barracks complex renewal at Marine Corps Base, Norfolk. Naval Air Station, $6,400,000 Fort Riley, Kansas); and Camp Pendleton ...... $40,430,000 Naval Air Station, $20,640,000 Oceana. (8) $27,000,000 (the balance of the amount au- Naval Shipyard, Nor- thorized under section 2101(a) for the construc- Lemoore. Naval Air Warfare $10,140,000 folk, Portsmouth ...... $6,180,000 tion of the whole barracks complex renewal at Center Weapons Di- Naval Station, Norfolk $45,530,000 Fort Campbell, Kentucky). vision, China Lake. Naval Surface Warfare (c) ADJUSTMENTS.—The total amount author- Naval Facility, San Center, Dahlgren ..... $15,680,000 ized to be appropriated pursuant to paragraphs Clemente Island ...... $8,350,000 Tactical Training (1) through (10) of subsection (a) is the sum of Naval Submarine Base, $11,400,000 Group Atlantic, Dam Neck ...... $2,430,000 the amounts authorized to be appropriated in San Diego. Connecticut .. Naval Submarine Base, Washington Naval Shipyard, Puget $4,300,000 such paragraphs, reduced by— Sound. (1) $2,639,000, which represents the combina- New London ...... $11,330,000 District of Naval District, Wash- $790,000 Strategic Weapons Fa- tion of project savings in military family hous- Columbia. ington. cility Pacific, Brem- ing construction resulting from favorable bids, Florida ...... Naval Air Station, Key $3,730,000 erton ...... $2,750,000 reduced overhead costs, and cancellations due West. to force structure changes; Naval Air Station, $1,500,000 Total ...... $521,497,000 (2) $3,000,000, which represents the combina- Jacksonville. tion of savings in military family housing sup- Naval Air Station, $1,400,000 (b) OUTSIDE THE UNITED STATES.—Using port resulting from favorable bids, reduced over- Whiting Field. amounts appropriated pursuant to the author- head costs, and cancellations due to force struc- Naval Station, $6,163,000 ization of appropriations in section 2204(a)(2), Mayport. the Secretary of the Navy may acquire real ture changes; and Georgia ...... Marine Corps Logistics (3) $8,000,000, which represents the combina- Base, Albany ...... $2,800,000 property and carry out military construction tion of project savings in military construction Naval Submarine Base, projects for the installations and locations out- resulting from favorable bids, reduced overhead Kings Bay ...... $2,550,000 side the United States, and in the amounts, set costs, and cancellations due to force structure Hawaii ...... Fleet and Industrial forth in the following table: changes. Supply Center, Pearl Harbor ...... $9,730,000 SEC. 2105. MODIFICATION OF AUTHORITY TO Navy: Outside the United States Marine Corps Air Sta- CARRY OUT FISCAL YEAR 1998 tion, Kaneohe Bay ... $46,410,000 PROJECTS. Installation or loca- Naval Communications Country tion Amount (a) MODIFICATION.—The table in section & Telecommuni- 2101(a) of the Military Construction Authoriza- cations Area Master Greece ...... Naval Support Activ- tion Act for Fiscal Year 1998 (division B of Pub- Station Eastern Pa- ity, Souda Bay ...... $5,260,000 lic Law 105–85; 111 Stat. 1967) is amended— cific, Wahiawa ...... $1,970,000 Guam ...... Naval Activities, Guam $10,310,000 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8173 Navy: Outside the United States— projects carried out under section 2201 of this Air Force: Inside the United States— Continued Act may not exceed— Continued (1) the total amount authorized to be appro- priated under paragraphs (1) and (2) of sub- Installation or loca- Country Installation or loca- Amount State Amount tion section (a); tion (2) $13,500,000 (the balance of the amount au- Italy ...... Naval Support Activ- $18,270,000 thorized under section 2202(a) for the construc- Hawaii ...... Hickam Air Force Base $5,890,000 ity, Naples. Idaho ...... Mountain Home Air United King- Joint Maritime Com- tion of a berthing pier at Naval Station, Nor- Force Base ...... $17,897,000 dom. munications Center, folk, Virginia); and Kansas ...... McConnell Air Force $4,450,000 St. Mawgan ...... $2,010,000 (3) $4,000,000 (the balance of the amount au- Base. thorized under section 2201(a) for the construc- Louisiana .... Barksdale Air Force $9,300,000 Total ...... $35,850,000 tion of a bachelor enlisted quarters at Marine Base. Corps Air Station, Kaneohe Bay, Hawaii). Maryland ..... Andrews Air Force $4,448,000 SEC. 2202. FAMILY HOUSING. Base. (c) ADJUSTMENT.—The total amount author- (a) CONSTRUCTION AND ACQUISITION.—Using Massachu- Hanscom Air Force $10,000,000 ized to be appropriated pursuant to paragraphs setts. Base. amounts appropriated pursuant to the author- (1) through (5) of subsection (a) is the sum of ization of appropriations in section Mississippi ... Columbus Air Force $5,700,000 the amounts authorized to be appropriated in Base. 2204(a)(5)(A), the Secretary of the Navy may such paragraphs, reduced by— Keesler Air Force Base $35,526,000 construct or acquire family housing units (in- (1) $7,323,000, which represents the combina- Montana ...... Malmstrom Air Force $7,900,000 cluding land acquisition) at the installations, tion of project savings in military family hous- Base. for the purposes, and in the amounts set forth ing construction resulting from favorable bids, Nevada ...... Indian Springs Air in the following table: Force Auxiliary Air reduced overhead costs, and cancellations due Field ...... $15,013,000 to force structure changes; Navy: Family Housing Nellis Air Force Base .. $6,378,000 (2) $3,000,000, which represents the combina- New Jersey ... McGuire Air Force $6,044,000 Base. Installa- tion of savings in military family housing sup- State tion or lo- Purpose Amount port resulting from favorable bids, reduced over- New Mexico .. Holloman Air Force $11,100,000 cation head costs, and cancellations due to force struc- Base. ture changes; and Kirtland Air Force $8,574,000 Base. California .. Naval Air (3) $6,000,000, which represents the combina- Station, North Caro- Seymour Johnson Air Lemoore 162 Units .. $30,379,000 tion of project savings in military construction lina. Force Base ...... $6,100,000 Hawaii ...... Navy Pub- resulting from favorable bids, reduced overhead North Dakota Grand Forks Air Force $11,486,000 lic Works costs, and cancellations due to force structure Base. Center, changes. Minot Air Force Bae ... $8,500,000 Ohio ...... Wright-Patterson Air Pearl SEC. 2205. AUTHORIZATION TO ACCEPT ROAD Harbor .. 150 Units .. $29,125,000 Force Base ...... $22,000,000 CONSTRUCTION PROJECT, MARINE Oklahoma .... Altus Air Force Base ... $9,300,000 CORPS BASE, CAMP LEJEUNE, Total ..... $59,504,000 Tinker Air Force Base $24,985,000 NORTH CAROLINA. Vance Air Force Base $6,223,000 The Secretary of the Navy may accept from (b) PLANNING AND DESIGN.—Using amounts South Caro- Charleston Air Force $24,330,000 appropriated pursuant to the authorization of the State of North Carolina a road construction lina. Base. appropriations in section 2204(a)(5)(A), the Sec- project valued at approximately $2,000,000, South Dakota Ellsworth Air Force $6,500,000 Base. retary of the Navy may carry out architectural which is to be constructed at Marine Corps Base, Camp Lejeune, North Carolina, in accord- Tennessee .... Arnold Air Force Base $11,600,000 and engineering services and construction de- Texas ...... Dyess Air Force Base .. $4,750,000 sign activities with respect to the construction ance with plans and specifications acceptable to Goodfellow Air Force $7,300,000 or improvement of military family housing units the Secretary. Base. in an amount not to exceed $15,618,000. TITLE XXIII—AIR FORCE Lackland Air Force $14,930,000 Sec. 2301. Authorized Air Force construction Base. SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY Laughlin Air Force $7,315,000 HOUSING UNITS. and land acquisition projects. Base. Subject to section 2825 of title 10, United Sec. 2302. Family housing. Randolph Air Force $3,166,000 States Code, and using amounts appropriated Sec. 2303. Improvements to military family Base. pursuant to the authorization of appropriations housing units. Utah ...... Hill Air Force Base ..... $2,600,000 in section 2204(a)(5)(A), the Secretary of the Sec. 2304. Authorization of appropriations, Air Washington Fairchild Air Force $15,220,000 Navy may improve existing military family Force. Base. McChord Air Force $51,847,000 housing units in an amount not to exceed SEC. 2301. AUTHORIZED AIR FORCE CONSTRUC- Base. $227,791,000. TION AND LAND ACQUISITION PROJECTS. SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, Total ...... $514,880,000 NAVY. (a) INSIDE THE UNITED STATES.—Using amounts appropriated pursuant to the author- (b) OUTSIDE THE UNITED STATES.—Using (a) IN GENERAL.—Funds are hereby author- ized to be appropriated for fiscal years begin- ization of appropriations in section 2304(a)(1), amounts appropriated pursuant to the author- ning after September 30, 1998, for military con- the Secretary of the Air Force may acquire real ization of appropriations in section 2304(a)(2), struction, land acquisition, and military family property and carry out military construction the Secretary of the Air Force may acquire real housing functions of the Department of the projects for the installations and locations in- property and carry out military construction Navy in the total amount of $1,812,476,000 as side the United States, and in the amounts, set projects for the installations and locations out- follows: forth in the following table: side the United States, and in the amounts, set (1) For military construction projects inside forth in the following table: Air Force: Inside the United States the United States authorized by section 2201(a), Air Force: Outside the United States $503,997,000. State Installation or loca- Amount (2) For military construction projects outside tion Installation or loca- the United States authorized by section 2201(b), Country tion Amount $35,850,000. Alabama ...... Maxwell Air Force $19,398,000 (3) For unspecified minor construction Base. Germany ...... Spangdahlem Air Base $9,501,000 Alaska ...... Eielson Air Force Base $4,352,000 Korea ...... Kunsan Air Base ...... $5,958,000 projects authorized by section 2805 of title 10, Arizona ...... Luke Air Force Base ... $3,400,000 Osan Air Base ...... $7,496,000 United States Code, $9,900,000. Arkansas ..... Little Rock Air Force $1,500,000 Turkey ...... Incirlik Air Base ...... $2,949,000 (4) For architectural and engineering services Base. United King- Royal Air Force, $15,838,000 and construction design under section 2807 of California .... Edwards Air Force $10,361,000 dom. Lakenheath. title 10, United States Code, $60,846,000. Base. Royal Air Force, $24,960,000 (5) For military family housing functions: Travis Air Force Base $4,250,000 Mildenhall. (A) For construction and acquisition, plan- Vandenberg Air Force $18,709,000 Base. Total ...... $66,702,000 ning and design, and improvement of military Colorado ...... Falcon Air Force Sta- $9,601,000 family housing and facilities, $302,913,000. tion. SEC. 2302. FAMILY HOUSING. (B) For support of military housing (including United States Air Force (a) CONSTRUCTION AND ACQUISITION.—Using functions described in section 2833 of title 10, Academy ...... $4,413,000 amounts appropriated pursuant to the author- United States Code), $915,293,000. District of Bolling Air Force Base $2,948,000 ization of appropriations in section (b) LIMITATION ON TOTAL COST OF CONSTRUC- Columbia. 2304(a)(5)(A), the Secretary of the Air Force may Florida ...... Eglin Air Force Base ... $20,437,000 TION PROJECTS.—Notwithstanding the cost vari- construct or acquire family housing units (in- Eglin Auxiliary Field 9 $3,837,000 ations authorized by section 2853 of title 10, MacDill Air Force Base $9,808,000 cluding land acquisition) at the installations, United States Code, and any other cost vari- Tyndall Air Force Base $3,600,000 for the purposes, and in the amounts set forth ation authorized by law, the total cost of all Georgia ...... Robins Air Force Base $11,894,000 in the following table: H8174 CONGRESSIONAL RECORD — HOUSE September 22, 1998 (2) For military construction projects outside Defense Agencies: Inside the United Air Force: Family Housing the United States authorized by section 2301(b), States—Continued $66,702,000. State Installation Purpose Amount or location (3) For unspecified minor construction Agency Installation or loca- Amount projects authorized by section 2805 of title 10, tion Alabama ...... Maxwell Air United States Code, $8,135,000. Defense Lo- Force Base 143 $16,300,000 (4) For architectural and engineering services gistics Units. and construction design under section 2807 of Agency ...... Defense Fuel Support Alaska ...... Eielson Air Point, Fort Sill, Force Base 46 Units $12,932,000 title 10, United States Code, $38,092,000. Oklahoma ...... $3,500,000 California .... Edwards Air (5) For military housing functions: Defense Fuel Support Force Base 48 Units $12,580,000 (A) For construction and acquisition, plan- Point, Jacksonville Vandenberg ning and design, and improvement of military Annex, Mayport, Air Force family housing and facilities, $291,549,000. Florida ...... $11,020,000 Base ...... 95 Units $18,499,000 Defense Fuel Support Delaware ..... Dover Air 55 Units $8,998,000 (B) For support of military family housing Point, Jacksonville, Force Base. (including the functions described in section Florida ...... MacDill Air 48 Units $7,609,000 2833 of title 10, United States Code), $785,204,000. Florida ...... $11,000,000 Defense General Sup- Force Base. (b) LIMITATION ON TOTAL COST OF CONSTRUC- Patrick Air 46 Units $9,692,000 ply Center, Rich- TION PROJECTS.—Notwithstanding the cost vari- mond (DLA), Vir- Force Base. ations authorized by section 2853 of title 10, Tyndall Air 122 $14,500,000 ginia ...... $10,500,000 Defense Fuel Supply Force Base. Units. United States Code, and any other cost vari- Mississippi ... Columbus 52 Units $6,800,000 ation authorized by law, the total cost of all Center, Camp Shel- Air Force projects carried out under section 2301 of this by, Mississippi ...... $5,300,000 Defense Fuel Supply Base. Act may not exceed the total amount authorized Keesler Air 52 Units $6,800,000 Center, Elmendorf to be appropriated under paragraphs (1) and (2) Air Force Base, Alas- Force Base. of subsection (a). Montana ...... Malmstrom 50 Units $10,000,000 ka ...... $19,500,000 Air Force (c) ADJUSTMENT.—The total amount author- Defense Fuel Supply Base. ized to be appropriated pursuant to paragraphs Center, Pope Air Nebraska ..... Offutt Air (1) through (5) of subsection (a) is the sum of Force Base, North Force Base Ancil- the amounts authorized to be appropriated in Carolina ...... $4,100,000 lary Various Locations ...... $1,300,000 such paragraphs, reduced by— Defense Medi- Facil- (1) $10,584,000, which represents the combina- cal Facili- ity .... $870,000 Offutt Air tion of project savings in military family hous- ties Office .. Barksdale Air Force Force Base Ancil- ing construction resulting from favorable bids, Base, Louisiana ...... $3,450,000 Beale Air Force Base, lary reduced overhead costs, and cancellations due California ...... $3,500,000 Facil- to force structure changes; Carlisle Barracks, ity .... $900,000 (2) $2,000,000,000, which represents the com- Offutt Air Pennsylvania ...... $4,678,000 bination of savings in military family housing Cheatham Annex, Vir- $11,300,000 Force Base 90 Units $12,212,000 Nevada ...... Nellis Air support resulting from favorable bids, reduced ginia. Edwards Air Force Force Base 28 Units $5,000,000 overhead costs, and cancellations due to force New Mexico Kirtland Air structure changes; and Base, California ...... $6,000,000 Eglin Air Force Base, $9,200,000 Force Base 37 Units $6,400,000 (3) $12,000,000, which represents the combina- Ohio ...... Wright-Pat- Florida. tion of project savings in military construction Fort Bragg, North $6,500,000 terson Air resulting from favorable bids, reduced overhead Carolina. Force Base 40 Units $5,600,000 Fort Hood, Texas ...... $14,100,000 Texas ...... Dyess Air 64 Units $9,415,000 costs, and cancellations due to force structure Fort Stewart/Hunter Force Base. changes. Army Air Field, Sheppard TITLE XXIV—DEFENSE AGENCIES Air Force Georgia ...... $10,400,000 Grand Forks Air Force Base ...... 65 Units $7,000,000 Sec. 2401. Authorized Defense Agencies con- Washington Fairchild struction and land acquisition Base, North Dakota $5,600,000 Air Force projects. Holloman Air Force Base ...... Ancil- Base, New Mexico ... $1,300,000 Sec. 2402. Improvements to military family Keesler Air Force Base, lary housing units. Mississippi ...... $700,000 Facil- Marine Corps Air Sta- ity .... $1,692,000 Sec. 2403. Energy conservation projects. Fairchild Sec. 2404. Authorization of appropriations, De- tion, Camp Pendle- Air Force fense Agencies. ton, California...... $6,300,000 McChord Air Force Base ...... 14 Units $2,300,000 Sec. 2405. Repeal of fiscal year 1997 authoriza- Base, Washington ... $20,000,000 tion of appropriations for certain Total $176,099,000 Moody Air Force Base, military housing improvement Georgia ...... $11,000,000 (b) PLANNING AND DESIGN.—Using amounts program. Naval Air Station, appropriated pursuant to the authorization of Sec. 2406. Modification of authority to carry Pensacola, Florida .. $25,400,000 out certain fiscal year 1995 Naval Hospital, Brem- appropriations in section 2304(a)(5)(A), the Sec- erton, Washington ... $28,000,000 retary of the Air Force may carry out architec- projects. Naval Hospital, Great tural and engineering services and construction Sec. 2407. Modification of authority to carry Lakes, Illinois ...... $7,100,000 design activities with respect to the construction out fiscal year 1990 project. Naval Station, San or improvement of military family housing units SEC. 2401. AUTHORIZED DEFENSE AGENCIES Diego, California ..... $1,350,000 in an amount not to exceed $11,342,000. CONSTRUCTION AND LAND ACQUISI- Naval Submarine Base, Bangor, Washington $5,700,000 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY TION PROJECTS. Travis Air Force Base, HOUSING UNITS. (a) INSIDE THE UNITED STATES.—Using California ...... $1,700,000 Subject to section 2825 of title 10, United amounts appropriated pursuant to the author- Defense Edu- States Code, and using amounts appropriated ization of appropriations in section 2404(a)(1), cation Ac- pursuant to the authorization of appropriations the Secretary of Defense may acquire real prop- tivity ...... Marine Corps Base, in section 2304(a)(5)(A), the Secretary of the Air erty and carry out military construction projects Camp LeJeune, Force may improve existing military family for the installations and locations inside the North Carolina ...... $16,900,000 United States Military housing units in an amount not to exceed United States, and in the amounts, set forth in $104,108,000. Academy, West the following table: Point, New York ...... $2,840,000 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, National Se- AIR FORCE. Defense Agencies: Inside the United curity (a) IN GENERAL.—Funds are hereby author- States Agency ...... Fort Meade, Maryland $668,000 ized to be appropriated for fiscal years begin- Special Oper- ning after September 30, 1998, for military con- Installation or loca- ations Com- struction, land acquisition, and military family Agency tion Amount mand ...... Eglin Auxiliary Field housing functions of the Department of the Air 3, Florida ...... $7,310,000 Force in the total amount of $1,679,978,000 as Chemical De- Elgin Auxiliary Field militariza- 9, Florida ...... $2,400,000 follows: tion ...... Aberdeen Proving Fort Campbell, Ken- $15,000,000 (1) For military construction projects inside Ground, Maryland .. $186,350,000 tucky. the United States authorized by section 2301(a), Newport Army Depot, MacDill Air Force $514,880,000. Indiana ...... $191,550,000 Base, Florida ...... $8,400,000 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8175 Defense Agencies: Inside the United (4) For construction of the Ammunition De- (1) in subsection (a)— States—Continued militarization Facility, Umatilla Army Depot, (A) by striking out ‘‘(1)’’ before ‘‘Of’’; and Oregon, authorized by section 2401 of the Mili- (B) by striking out paragraph (2); and tary Construction Authorization Act for Fiscal (2) in subsection (b)— Agency Installation or loca- Amount tion Year 1995, as amended by section 2407 of the (A) by striking out ‘‘(1)’’ before ‘‘The’’; (B) by striking out ‘‘subsection (a)(1)’’ and in- Military Construction Authorization Act for Naval Amphibious serting in lieu thereof ‘‘subsection (a)’’; and Fiscal Year 1996, section 2408 of the Military Base, Coronado, (C) by striking out paragraph (2). California ...... $3,600,000 Construction Authorization Act for Fiscal Year SEC. 2406. MODIFICATION OF AUTHORITY TO Stennis Space Center, 1998, and section 2406 of this Act, $50,950,000. CARRY OUT CERTAIN FISCAL YEAR Mississippi ...... $5,500,000 (5) For military construction projects at Ports- 1995 PROJECTS. mouth Naval Hospital, Virginia, hospital re- Total ...... $690,016,000 The table in section 2401 of the Military Con- placement, authorized by section 2401(a) of the struction Authorization Act for Fiscal Year 1995 Military Construction Authorization Act for (b) OUTSIDE THE UNITED STATES.—Using (division B of Public Law 103–337; 108 Stat. amounts appropriated pursuant to the author- Fiscal Years 1990 and 1991 (division B of Public 3040), as amended by section 2407 of the Military ization of appropriations in section 2404(a)(2), Law 101–189; 106 Stat. 1640), as amended by sec- Construction Authorization Act for Fiscal Year the Secretary of Defense may acquire real prop- tion 2407 of this Act, $17,954,000. 1996 (division B of Public Law 104–106; 110 Stat. (6) For unspecified minor construction erty and carry out military construction projects 539) and section 2408 of the Military Construc- projects under section 2805 of title 10, United for the installations and locations outside the tion Authorization Act for Fiscal Year 1998 (di- States Code, $13,394,000. United States, and in the amounts, set forth in vision B of Public Law 105–85; 111 Stat. 1982), (7) For contingency construction projects of the following table: under the agency heading relating to Chemical the Secretary of Defense under section 2804 of Weapons and Munitions Destruction, is amend- Defense Agencies: Outside the United title 10, United States Code, $4,890,000. (8) For architectural and engineering services ed— (1) in the item relating to Pine Bluff Arsenal, States and construction design under section 2807 of Arkansas, by striking out $134,000,000’’ in the title 10, United States Code, $41,005,000. Installation or loca- amount column and inserting in lieu thereof Agency tion Amount (9) For energy conservation projects author- ized by section 2403, $46,950,000. ‘‘$154,400,000’’; and Defense Lo- (10) For base closure and realignment activi- (2) in the item relating to Umatilla Army gistics ties as authorized by the Defense Base Closure Depot, Oregon, by striking out ‘‘$187,000,000’’ in Agency ...... Lajes Field, Azores, and Realignment Act of 1990 (part A of title the amount column and inserting in lieu thereof Portugal ...... $7,700,000 ‘‘$193,377,000’’. Defense Medi- XXIX of Public Law 101–510; 10 U.S.C. 2687 SEC. 2407. MODIFICATION OF AUTHORITY TO cal Facili- note), $1,630,902,000. CARRY OUT FISCAL YEAR 1990 ties Office .. Naval Air Station, (11) For military family housing functions: PROJECT. Sigonella, Italy ...... $5,300,000 (A) For improvement of military family hous- Royal Air Force, ing and facilities, $345,000. (a) INCREASE.—The table in section 2401(a) of Lakenheath, United (B) For support of military housing (including the Military Construction Authorization Act for Kingdom ...... $10,800,000 functions described in section 2833 of title 10, Fiscal Years 1990 and 1991 (division B of Public Defense Edu- United States Code), $36,899,000 of which not Law 100–189; 103 Stat. 1640) is amended in the cation Ac- more than $31,139,000 may be obligated or ex- item relating to Portsmouth Naval Hospital, Vir- tivity ...... Fort Buchanan, Puer- $8,805,000 ginia, by striking out ‘‘$330,000,000’’ and insert- to Rico. pended for the leasing of military family hous- Naval Activities, Guam $13,100,000 ing units worldwide. ing in lieu thereof ‘‘$351,354,000’’. Special Oper- (C) For credit to the Department of Defense (b) CONFORMING AMENDMENT.—Section ations Com- Family Housing Improvement Fund established 2405(b)(2) of that Act (103 Stat. 1642) is amended mand ...... Naval Station, Roo- by section 2883(a)(1) of title 10, United States by striking out ‘‘$321,500,000’’ and inserting in sevelt Roads, Puerto Code, $2,000,000. lieu thereof ‘‘$342,854,000’’. Rico ...... $9,600,000 (b) LIMITATION OF TOTAL COST OF CONSTRUC- TITLE XXV—NORTH ATLANTIC TREATY Total ...... $55,305,000 TION PROJECTS.—Notwithstanding the cost vari- ORGANIZATION SECURITY INVESTMENT ation authorized by section 2853 of title 10, PROGRAM SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY United States Code, and any other cost vari- Sec. 2501. Authorized NATO construction and HOUSING UNITS. ation authorized by law, the total cost of all land acquisition projects. Subject to section 2825 of title 10, United projects carried out under section 2401 of this Sec. 2502. Authorization of appropriations, States Code, and using amounts appropriated Act may not exceed— NATO. pursuant to the authorization of appropriation (1) the total amount authorized to be appro- SEC. 2501. AUTHORIZED NATO CONSTRUCTION in section 2404(a)(11)(A), the Secretary of De- priated under paragraphs (1) and (2) of sub- AND LAND ACQUISITION PROJECTS. fense may improve existing military family hous- section (a); The Secretary of Defense may make contribu- ing units in an amount not to exceed $345,000. (2) $162,050,000 (the balance of the amount au- tions for the North Atlantic Treaty Organiza- SEC. 2403. ENERGY CONSERVATION PROJECTS. thorized under section 2401(a) for the construc- tion Security Investment program as provided in Using amounts appropriated pursuant to the tion of the Ammunition Demilitarization Facil- section 2806 of title 10, United States Code, in an authorization of appropriations in section ity at Newport Army Depot, Indiana); and amount not to exceed the sum of the amount au- 2404(a)(9), the Secretary of Defense may carry (3) $158,000,000 (the balance of the amount au- thorized to be appropriated for this purpose in out energy conservation projects under section thorized under section 2401(a) for the construc- section 2502 and the amount collected from the 2865 of title 10, United States Code. tion of the Ammunition Demilitarization Facil- North Atlantic Treaty Organization as a result SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, ity at Aberdeen Proving Ground, Maryland). of construction previously financed by the DEFENSE AGENCIES. (c) ADJUSTMENT.—The total amount author- United States. (a) IN GENERAL.—Funds are hereby author- ized to be appropriated pursuant to paragraphs ized to be appropriated for fiscal years begin- SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, (1) through (11) of subsection (a) is the sum of NATO. ning after September 30, 1998, for military con- the amounts authorized to be appropriated in Funds are hereby authorized to be appro- struction, land acquisition, and military family such paragraphs, reduced by $63,800,000 (of priated for fiscal years beginning after Septem- housing functions of the Department of Defense which $50,500,000 represents savings from mili- ber 30, 1998, for contributions by the Secretary (other than the military departments) in the tary construction for chemical demilitarization), of Defense under section 2806 of title 10, United total amount of $2,223,260,000 as follows: which represents the combination of project sav- States Code, for the share of the United States (1) For military construction projects inside ings in military construction resulting from fa- the United States authorized by section 2401(a), of the cost of projects for the North Atlantic vorable bids, reduced overhead costs, and can- Treaty Organization Security Investment pro- $369,966,000. cellations due to force structure changes. (2) For military construction projects outside gram authorized by section 2501, in the amount SEC. 2405. REPEAL OF FISCAL YEAR 1997 AUTHOR- of $154,000,000. the United States authorized by section 2401(a), IZATION OF APPROPRIATIONS FOR $55,305,000. CERTAIN MILITARY HOUSING IM- TITLE XXVI—GUARD AND RESERVE (3) For construction of the Ammunition De- PROVEMENT PROGRAM. FORCES FACILITIES militarization Facility, Pine Bluff Arsenal, Ar- (a) AUTHORIZATION OF APPROPRIATIONS.—Sec- Sec. 2601. Authorized Guard and Reserve con- kansas authorized by section 2401 of the Mili- tion 2406(a) of the Military Construction Au- struction and land acquisition tary Construction Authorization Act for Fiscal thorization Act for Fiscal Year 1997 (division B projects. Year 1995 (division B of Public Law 103–337; 108 of Public Law 104–201; 110 Stat. 2778) is amend- Sec. 2602. Modification of authority to carry Stat. 3040), as amended by section 2407 of the ed— out fiscal year 1998 project. Military Construction Authorization Act for (1) by striking out ‘‘$3,379,703,000’’ and insert- SEC. 2601. AUTHORIZED GUARD AND RESERVE Fiscal Year 1996 (division B of Public Law 104– ing in lieu thereof ‘‘$3,374,703,000’’; and CONSTRUCTION AND LAND ACQUISI- 106; 110 Stat. 539), section 2408 of the Military (2) in paragraph (14), by striking out subpara- TION PROJECTS. Construction Authorization Act for Fiscal Year graph (D). (a) AUTHORIZATION OF APPROPRIATIONS.— 1998 (division B of Public Law 105–85; 111 Stat. (b) CREDIT AND USE OF FUNDS.—Section 2404 There are authorized to be appropriated for fis- 1982), and section 2406 of this Act, $16,500,000. of that Act (110 Stat. 2777) is amended— cal years beginning after September 30, 1998, for H8176 CONGRESSIONAL RECORD — HOUSE September 22, 1998

the costs of acquisition, architectural and engi- (2) the date of enactment of an Act authoriz- (b) TABLE.—The table referred to in subsection neering services, and construction of facilities ing funds for fiscal year 2002 for military con- (a) is as follows: for the Guard and Reserve Forces, and for con- struction projects, land acquisition, family tributions therefor, under chapter 1803 of title housing projects and facilities, or contributions Navy: Extension of 1995 Project 10, United States Code (including the cost of ac- to the North Atlantic Treaty Organization Secu- Authorization quisition of land for those facilities), the follow- rity Investment program. ing amounts: Installa- SEC. 2702. EXTENSION OF AUTHORIZATIONS OF State tion or lo- Project Amount (1) For the Department of the Army— CERTAIN FISCAL YEAR 1996 cation (A) for the Army National Guard of the PROJECTS. United States, $142,403,000; and (a) EXTENSIONS.—Notwithstanding section Maryland ... Indian (B) for the Army Reserve, $102,119,000. 2701 of the Military Construction Authorization Head (2) For the Department of the Navy, for the Act for Fiscal Year 1996 (division B of Public Naval Naval and Marine Corps Reserve, $31,621,000. Law 104–106; 110 Stat. 541), authorizations for Surface (3) For the Department of the Air Force— Warfare the projects set forth in the tables in subsection Center .... Denitrifi- (A) for the Air National Guard of the United (b), as provided in section 2201, 2202, 2302, or cation/ States, $169,801,000; and 2601 of that Act, shall remain in effect until Oc- Acid (B) for the Air Force Reserve, $34,371,000. tober 1, 1999, or the date of enactment of an Act Mixing (b) ADJUSTMENT.—(1) The amount authorized authorizing funds for military construction for Facility $6,400,000 to be appropriated pursuant to subsection fiscal year 2000, whichever is later. (a)(1)(A) is reduced by $2,000,000, which rep- SEC. 2704. EFFECTIVE DATE. (b) TABLES.—The tables referred to in sub- Titles XXI, XXII, XXIII, XXIV, XXV, and resents the combination of project savings in section (a) are as follows: military construction resulting from favorable XXVI shall take effect on the later of— bids, reduced overhead costs, and cancellations (1) October 1, 1998; or Navy: Extension of 1996 Project (2) the date of the enactment of this Act. due to force structure changes. Authorizations (2) The amount authorized to be appropriated TITLE XXVIII—GENERAL PROVISIONS pursuant to subsection (a)(3)(A) is reduced by Installa- Subtitle A—Military Construction Program $4,000,000, which represents the combination of State tion or lo- Project Amount and Military Family Housing Changes project savings in military construction result- cation Sec. 2801. Architectural and engineering serv- ing from favorable bids, reduced overhead costs, Puerto Rico Naval Sta- ices and construction design. and cancellations due to force structure tion Roo- Sec. 2802. Expansion of Army overseas family changes. sevelt housing lease authority. SEC. 2602. MODIFICATION OF AUTHORITY TO Roads ..... Housing $710,000 Sec. 2803. Definition of ancillary supporting fa- CARRY OUT FISCAL YEAR 1998 Office. cilities under alternative author- PROJECT. California ... Camp Pen- Family ity for acquisition and improve- dleton. Hous- Section 2603 of the Military Construction Au- ment of military housing. ing Sec. 2804. Purchase of build-to-lease family thorization Act for Fiscal Year 1998 (division B Con- of Public Law 105–85; 111 Stat. 1983) is amended struc- housing at Eielson Air Force to read as follows: tion Base, Alaska. ‘‘SEC. 2603. ARMY RESERVE CONSTRUCTION (138 Sec. 2805. Report relating to improvement of PROJECT, SALT LAKE CITY, UTAH. units) .. $20,000,000 housing for unaccompanied mem- bers. ‘‘With regard to the military construction Air Force: Extension of 1996 Project project for the Army Reserve concerning con- Authorization Subtitle B—Real Property and Facilities struction of a reserve center and organizational Administration maintenance shop at an appropriate site in, or Installa- Sec. 2811. Exceptions to real property trans- in the vicinity of, Salt Lake City, Utah, to be State tion or lo- Project Amount action reporting requirements for carried out using funds appropriated pursuant cation war and certain emergency and to the authorization of appropriations in section Texas ...... Lackland other operations. 2601(a)(1)(B), the Secretary of the Army shall Air Force Sec. 2812. Restoration of Department of Defense enter into an agreement with the State of Utah Base ...... Family lands used by another Federal under which the State agrees to provide finan- Hous- agency. cial or in-kind contributions in connection with ing (67 Sec. 2813. Outdoor recreation development on the project.’’. units) .. $6,200,000 military installations for disabled TITLE XXVII—EXPIRATION AND Army National Guard: Extension of 1996 veterans, military dependents EXTENSION OF AUTHORIZATIONS Project Authorizations with disabilities, and other per- sons with disabilities. Sec. 2701. Expiration of authorizations and Sec. 2814. Report on leasing and other alter- amounts required to be specified Installa- State tion or lo- Project Amount native uses of non-excess military by law. cation property. Sec. 2702. Extension of authorizations of cer- Sec. 2815. Report on implementation of utility tain fiscal year 1996 projects. Mississippi .. Camp Shel- Multipur- system conveyance authority. Sec. 2703. Extension of authorization of fiscal by. pose Subtitle C—Defense Base Closure and year 1995 project. Range Com- Realignment Sec. 2704. Effective date. plex Sec. 2821. Applicability of property disposal SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND (Phase laws to leases at installations to AMOUNTS REQUIRED TO BE SPECI- I) ...... $5,000,000 FIED BY LAW. Missouri ..... National be closed or realigned under base (a) EXPIRATION OF AUTHORIZATIONS AFTER Guard closure laws. Sec. 2822. Elimination of waiver authority re- THREE YEARS.—Except as provided in subsection Training (b), all authorizations contained in titles XXI Site, Jef- garding prohibition against cer- ferson through XXVI for military construction tain conveyances of property at City ...... Multipur- Naval Station, Long Beach, Cali- projects, land acquisition, family housing pose projects and facilities, and contributions to the fornia. Range $2,236,000 Sec. 2823. Payment of stipulated penalties as- North Atlantic Treaty Organization Security In- sessed under CERCLA in connec- vestment program (and authorizations of appro- SEC. 2703. EXTENSION OF AUTHORIZATION OF tion with McClellan Air Force priations therefor) shall expire on the later of— FISCAL YEAR 1995 PROJECT. Base, California. (1) October 1, 2001; or (a) EXTENSION.—Notwithstanding section 2701 (2) the date of enactment of an Act authoriz- of the Military Construction Authorization Act Subtitle D—Land Conveyances ing funds for military construction for fiscal for Fiscal Year 1995 (division B of Public Law PART I—ARMY CONVEYANCES year 2002. 103–337; 108 Stat. 3046), the authorization for Sec. 2831. Modification of land conveyance, (b) EXCEPTION.—Subsection (a) shall not the project set forth in the table in subsection Army Reserve Center, Youngs- apply to authorizations for military construc- (b), as provided in section 2201 of that Act and town, Ohio. tion projects, land acquisition, family housing extended by section 2702 of the Military Con- Sec. 2832. Release of interests in real property, projects and facilities, and contributions to the struction Authorization Act for Fiscal Year 1998 former Kennebec Arsenal, Au- North Atlantic Treaty Organization Security In- (division B of Public Law 105–85; 111 Stat. 1985), gusta, Maine. vestment program (and authorizations of appro- shall remain in effect until October 1, 1999, or Sec. 2833. Release, waiver, or conveyance of in- priations therefor), for which appropriated the date of enactment of an Act authorizing terests in real property, former funds have been obligated before the later of— funds for military construction for fiscal year Redstone Army Arsenal property, (1) October 1, 2001; or 2000, whichever is later. Alabama. September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8177 Sec. 2834. Conveyance of utility systems, Lone (1) in paragraph (2), by inserting, ‘‘, and the military installations for unaccompanied mem- Star Army Ammunition Plant, Secretary of the Army may lease not more than bers of the Armed Forces, including an assess- Texas. 500 units of family housing in Italy,’’ after ment of the requirement, a schedule to imple- Sec. 2835. Conveyance of water rights and re- ‘‘family housing in Italy’’; ment such plans and programs, and an expla- lated interests, Rocky Mountain (2) by redesignating paragraphs (3) and (4) as nation of the standards used to determine the Arsenal, Colorado, for purposes of paragraphs (4) and (5), respectively; and adequacy, suitability, and availability of hous- acquisition of perpetual contracts (3) by inserting after paragraph (2) the follow- ing outside of military installations. for water. ing new paragraph (3): (2) A justification for the initiative to build Sec. 2836. Land conveyance, Army Reserve Cen- ‘‘(3) In addition to the 450 units of family single occupancy rooms with a shared bath ter, Massena, New York. housing referred to in paragraph (1) for which (commonly known as the ‘‘1 Plus 1 Initiative’’), Sec. 2837. Land conveyance, Army Reserve Cen- the maximum lease amount is $25,000 per unit including— ter, Ogdensburg, New York. per year, the Secretary of the Army may lease (A) a description of the manner in which the Sec. 2838. Land conveyance, Army Reserve Cen- not more than 800 units of family housing in initiative is designed to enhance the quality of ter, Jamestown, Ohio. Korea subject to that maximum lease amount.’’. life for enlisted members and the retention of Sec. 2839. Land conveyance, Army Reserve Cen- (b) CONFORMING AMENDMENT.—Paragraph (4) such members in adequate numbers; and ter, Peoria, Illinois. of that section, as redesignated by subsection (B) an assessment of the analysis and data Sec. 2840. Land conveyance, Army Reserve Cen- (a)(2) of this section, is amended by striking out used in the justification to implement the initia- ter, Bridgton, Maine. ‘‘and (2)’’ and inserting in lieu thereof ‘‘, (2), tive. Sec. 2841. Land conveyance, Fort Sheridan, Il- and (3)’’. (3) The cost for each military department of linois. SEC. 2803. DEFINITION OF ANCILLARY SUPPORT- implementing the initiative, including the Sec. 2842. Land conveyance, Skaneateles, New ING FACILITIES UNDER ALTER- amount of funds, by fiscal year, authorized and York. NATIVE AUTHORITY FOR ACQUISI- Sec. 2843. Land conveyance, Indiana Army Am- appropriated for military construction and real TION AND IMPROVEMENT OF MILI- property maintenance obligated or expended on munition Plant, Charlestown, In- TARY HOUSING. diana. Section 2871(1) of title 10, United States Code, the improvement of military housing for unac- Sec. 2844. Land conveyance, Volunteer Army is amended by inserting after ‘‘including’’ the companied members beginning on October 1, Ammunition Plant, Chattanooga, following: ‘‘facilities to provide or support ele- 1996, and the amount of funds required to be ex- Tennessee. mentary or secondary education,’’. pended to ensure the suitability of such housing Sec. 2845. Land conveyance, Stewart Amy Sub- for unaccompanied members. SEC. 2804. PURCHASE OF BUILD-TO-LEASE FAM- (4) An explanation of the difference in cost be- Post, New Windsor, New York. ILY HOUSING AT EIELSON AIR tween— PART II—NAVY CONVEYANCES FORCE BASE, ALASKA. (A) upgrading existing military housing to the Sec. 2851. Conveyance of easement, Marine (a) AUTHORITY TO PURCHASE.—The Secretary of the Air Force may purchase the entire inter- standard proposed in the initiative; and Corps Base, Camp Pendleton, (B) rehabilitating such housing within exist- California. est of the developer in the military family hous- ing project at Eielson Air Force Base, Alaska, ing standards. Sec. 2852. Land exchange, Naval Reserve Read- (5) An assessment of the viability and utility described in subsection (b) if the Secretary de- iness Center, Portland, Maine. of the authorities provided by subchapter IV of termines that the purchase is in the best eco- Sec. 2853. Land conveyance, Naval and Marine chapter 169 of title 10, United States Code, to nomic interests of the Air Force. Corps Reserve facility, Youngs- contribute to the improvement of the condition, (b) DESCRIPTION OF PROJECT.—The military town, Ohio. suitability, and availability of housing for unac- Sec. 2854. Land conveyance, Naval Air Reserve family housing project referred to in this section companied members, especially members in jun- Center, Minneapolis, Minnesota. is the 366-unit military family housing project at Eielson Air Force Base that was constructed by ior grades. PART III—AIR FORCE CONVEYANCES (6) The views of the Chief of Staff of the the developer and is being leased by the Sec- Sec. 2861. Modification of land conveyance, Army, the Chief of Naval Operations, the Chief retary under the authority of former subsection Eglin Air Force Base, Florida. of Staff of the Air Force, the Commandant of (g) of section 2828 of title 10, United States Code Sec. 2862. Modification of land conveyance, the Marine Corps, the Commandant of the Coast (now section 2835 of such title), as added by sec- Finley Air Force Station, North Guard, and each of the senior enlisted members tion 801 of the Military Construction Authoriza- Dakota. of the Armed Forces regarding the initiative re- tion Act, 1984 (Public Law 98–115; 97 Stat. 782). Sec. 2863. Land conveyance, Lake Charles Air ferred to in paragraph (2) and regarding any al- Force Station, Louisiana. (c) PURCHASE PRICE.—The purchase price to be paid by the Secretary under this section for ternatives to the initiative having the potential Sec. 2864. Land conveyance, Air Force Housing of enhancing the quality of life for unaccom- Facility, La Junta, Colorado. the interest of the developer in the military fam- ily housing project may not exceed an amount panied members, improving the readiness of the Subtitle E—Other Matters equal to the amount of the outstanding indebt- Armed Forces, and improving the retention of Sec. 2871. Modification of authority relating to edness of the developer to the lender for the enlisted members in adequate numbers. Department of Defense Labora- project that would have remained at the time of Subtitle B—Real Property and Facilities tory Revitalization Demonstration the purchase under this section if the developer Administration Program. had paid down its indebtedness to the lender for Sec. 2872. Repeal of prohibition on joint use of SEC. 2811. EXCEPTIONS TO REAL PROPERTY the project in accordance with the original debt TRANSACTION REPORTING RE- Gray Army Airfield, Fort Hood, instruments for the project. QUIREMENTS FOR WAR AND CER- Texas, with civil aviation. (d) TIME FOR PURCHASE.—(1) Subject to para- TAIN EMERGENCY AND OTHER OPER- Sec. 2873. Modification of demonstration project graph (2), the Secretary may elect to make the ATIONS. for purchase of fire, security, po- purchase authorized by subsection (a) at any (a) EXCEPTIONS.—Section 2662 of title 10, lice, public works, and utility time during or after the term of the lease for the United States Code, is amended by adding at the services from local government military family housing project. end the following new subsection: agencies. (2) The Secretary may not make the purchase ‘‘(g) EXCEPTIONS FOR TRANSACTIONS FOR WAR Sec. 2874. Designation of building containing until 30 days after the date on which the Sec- AND CERTAIN EMERGENCY AND OTHER OPER- Navy and Marine Corps Reserve retary notifies the congressional defense commit- ATIONS.—(1) The reporting requirement set forth Center, Augusta, Georgia. tees of the Secretary’s election to make the pur- in subsection (a) shall not apply with respect to Subtitle A—Military Construction Program chase under paragraph (1). a real property transaction otherwise covered by and Military Family Housing Changes SEC. 2805. REPORT RELATING TO IMPROVEMENT that subsection, and the reporting requirement SEC. 2801. ARCHITECTURAL AND ENGINEERING OF HOUSING FOR UNACCOMPANIED set forth in subsection (e) shall not apply with SERVICES AND CONSTRUCTION DE- MEMBERS. respect to a real property transaction otherwise SIGN. (a) REPORT REQUIRED.—(1) Not later than covered by that subsection, if the Secretary con- (a) INCREASE IN THRESHOLD FOR NOTICE TO April 1, 1999, the Secretary of Defense shall sub- cerned determines that the transaction is made CONGRESS.—Subsection (b) of section 2807 of mit to Congress a report on— as a result of any of the following: title 10, United States Code, is amended by strik- (A) the plans of each of the military depart- ‘‘(A) A declaration of war. ing out ‘‘$300,000’’ and inserting in lieu thereof ments to improve the condition, suitability, and ‘‘(B) A declaration of a national emergency by ‘‘$500,000’’. availability of housing for members of the the President pursuant to the National Emer- (b) AVAILABILITY OF APPROPRIATIONS.—Sub- Armed Forces who are unaccompanied by de- gencies Act (50 U.S.C. 1601 et seq.). section (d) of that section is amended by striking pendents; and ‘‘(C) A declaration of an emergency or major out ‘‘study, planning, design, architectural, and (B) the costs associated with the implementa- disaster pursuant to the Robert T. Stafford Dis- engineering services’’ and inserting in lieu tion of the plans. aster Relief and Emergency Assistance Act (42 thereof ‘‘architectural and engineering services (2) The Secretary of Defense shall prepare the U.S.C. 5121 et seq.). and construction design’’. report in consultation with the Secretaries of ‘‘(D) The use of the militia or the armed forces SEC. 2802. EXPANSION OF ARMY OVERSEAS FAM- the military departments. after a proclamation to disperse under section ILY HOUSING LEASE AUTHORITY. (b) ELEMENTS.—The report under subsection 334 of this title. (a) ALTERNATIVE MAXIMUM UNIT AMOUNTS.— (a) shall include the following: ‘‘(E) A contingency operation. Section 2828(e) of title 10, United States Code, is (1) The plans and programs of each of the ‘‘(2) The reporting requirement set forth in amended— military departments to improve housing on subsection (a) shall not apply with respect to a H8178 CONGRESSIONAL RECORD — HOUSE September 22, 1998 real property transaction otherwise covered by practicable, that outdoor recreation opportuni- sector, including the potential effect of the use that subsection if the Secretary concerned deter- ties (including fishing, hunting, trapping, wild- of the leases on force protection and the military mines that— life viewing, boating, and camping) made avail- functions of the installations. ‘‘(A) an event listed in paragraph (1) is immi- able to the public also provide access for persons (4) An assessment of the current efforts of the nent; and described in paragraph (2) when topographic, Department of Defense to identify for the pri- ‘‘(B) the transaction is necessary for purposes vegetative, and water resources allow access for vate sector any surplus capacity at military in- of preparation for such event. such persons without substantial modification stallations that could be leased or otherwise ‘‘(3) Not later than 30 days after entering into to the natural environment. used by the private sector. a real property transaction covered by para- ‘‘(2) Persons referred to in paragraph (1) are (5) An assessment of the proposal of the Sec- graph (1) or (2), the Secretary concerned shall the following: retary of the Air Force to reduce infrastructure submit to the committees named in subsection ‘‘(A) Disabled veterans. costs at Brooks Air Force Base, Texas, using the (a) a report on the transaction. The report shall ‘‘(B) Military dependents with disabilities. authority provided in section 2667 of title 10, set forth any facts or information which would ‘‘(C) Other persons with disabilities, when ac- United States Code, and the proposal of the Sec- otherwise have been submitted in a report on cess to a military installation for such persons retary of the Navy regarding the potential for the transaction under subsection (a) or (e), as and other civilians is not otherwise restricted. development of Ford Island as part of Naval the case may be, but for the operation of para- ‘‘(3) The Secretary of Defense shall carry out Complex, Pearl Harbor, Hawaii. graph (1) or (2).’’. this subsection in consultation with the Sec- (6) An assessment (including an economic (b) STYLISTIC AMENDMENTS.—That section is retary of Veterans Affairs, national service, analysis) of the ability of the military depart- further amended— military, and veterans organizations, and sport- ments and Defense Agencies to reduce the quan- (1) in subsection (a), by inserting ‘‘GENERAL ing organizations in the private sector that par- tity of real property leased by them through the NOTICE AND WAIT REQUIREMENTS.—’’ after ticipate in outdoor recreation projects for per- relocation of activities located in such leased ‘‘(a)’’; sons described in paragraph (2). space to property of a military installation, or (2) in subsection (b), by inserting ‘‘ANNUAL ‘‘(c) ACCEPTANCE OF DONATIONS.—In connec- another Federal agency, that is unutilized or REPORTS ON CERTAIN MINOR TRANSACTIONS.—’’ tion with the facilities and programs for public underutilized, while also lowering operational after ‘‘(b)’’; outdoor recreation at military installations, in and maintenance costs and minimizing the need (3) in subsection (c), by inserting ‘‘GEO- particular the requirement under subsection (b) for new construction. GRAPHIC SCOPE; EXCEPTED PROJECTS.—’’ after to provide access for persons described in para- (c) ADDITIONAL ELEMENTS OF REPORT.—In the ‘‘(c)’’; graph (2) of such subsection, the Secretary of event that the Secretary of Defense considers (4) in subsection (d), by inserting ‘‘STATE- Defense may accept— the authority under section 2667 or 2667a of title MENTS OF COMPLIANCE IN TRANSACTION INSTRU- ‘‘(1) the voluntary services of individuals and 10, United States Code, to be insufficient, the MENTS.—’’ after ‘‘(d)’’; organizations; and Secretary shall also include in the report— (5) in subsection (e), by inserting ‘‘NOTICE AND ‘‘(2) donations of property, whether real or (1) a proposal for authority to conduct a pilot WAIT REGARDING LEASES OF SPACE FOR DOD BY personal. project based on the assessment made under GSA.—’’ after ‘‘(e)’’; and ‘‘(d) TREATMENT OF VOLUNTEERS.—A volun- subsection (b)(5) or for such general legislative (6) in subsection (f), by inserting ‘‘REPORTS ON teer under subsection (c) shall not be considered authority as the Secretary considers appropriate TRANSACTIONS INVOLVING INTELLIGENCE COMPO- to be a Federal employee and shall not be sub- to enhance the ability of the Department of De- NENTS.—’’ after ‘‘(f)’’. ject to the provisions of law relating to Federal fense to utilize surplus capacity at military in- SEC. 2812. RESTORATION OF DEPARTMENT OF employment, including those relating to hours of stallations in order to improve military readi- DEFENSE LANDS USED BY ANOTHER work, rates of compensation, leave, unemploy- ness, achieve cost savings with respect to such FEDERAL AGENCY. ment compensation, and Federal employee bene- installations, or decrease the cost of operating (a) RESTORATION AS TERM OF AGREEMENT.— fits, except that— such installations; Section 2691 of title 10, United States Code, is ‘‘(1) for the purposes of the tort claims provi- (2) an estimate of the income that could ac- amended by adding at the end the following sions of chapter 171 of title 28, United States crue to the Department of Defense as a result of new subsection: Code, the volunteer shall be considered to be a the implementation of enhanced authority pro- ‘‘(c)(1) As a condition of any lease, permit, li- Federal employee; and posed under paragraph (1) during the five-year cense, or other grant of access entered into by ‘‘(2) for the purposes of subchapter I of chap- period beginning on the date of such implemen- the Secretary of a military department with an- ter 81 of title 5, United States Code, relating to tation; and other Federal agency authorizing the agency to compensation to Federal employees for work in- (3) an assessment of the extent to which any use lands under the control of the Secretary, the juries, the volunteer shall be considered to be an such income should be reserved for the use of Secretary may require the agency to agree to re- employee, as defined in section 8101(1)(B) of title the installations exercising such authority and move any improvements and to take any other 5, United States Code, and the provisions of of the extent to which installations would be action necessary in the judgment of the Sec- such subchapter shall apply.’’. likely to enter into such leases if they cannot re- retary to restore the land used by the agency to (b) CONFORMING AMENDMENT.—Such section tain such income. its condition before its use by the agency. is further amended by striking out ‘‘SEC. 103.’’ SEC. 2815. REPORT ON IMPLEMENTATION OF ‘‘(2) In lieu of performing any removal or res- and inserting in lieu thereof the following: UTILITY SYSTEM CONVEYANCE AU- toration work under paragraph (1), a Federal ‘‘SEC. 103. PROGRAM FOR PUBLIC OUTDOOR THORITY. agency may elect, with the consent of the Sec- RECREATION. Not later than March 1, 1999, the Secretary of retary, to reimburse the Secretary for the costs ‘‘(a) PROGRAM AUTHORIZED.—’’. Defense, in consultation with the Secretaries of incurred by the military department in perform- SEC. 2814. REPORT ON LEASING AND OTHER AL- the military departments, shall submit to Con- ing such removal or restoration work.’’. TERNATIVE USES OF NON-EXCESS gress a report containing— (b) CLERICAL AMENDMENTS.—(1) The heading MILITARY PROPERTY. (1) the criteria to be used by the Secretary of of such section is amended to read as follows: (a) REPORT REQUIRED.—Not later than March a military department to select utility systems, ‘‘§ 2691. Restoration of land used by permit or 15, 1999, the Secretary of Defense shall submit to and related improvements, easements, and lease’’. the Committee on Armed Services of the Senate rights-of-way, under the jurisdiction of the Sec- (2) The table of sections at the beginning of and the Committee on National Security of the retary, for conveyance to a municipal, private, chapter 159 of title 10, United States Code, is House of Representatives a report regarding the regional, district, or cooperative utility company amended by striking the item relating to section authority of the military departments and De- or other entity under the authority of section 2691 and inserting in lieu thereof the following fense Agencies to lease to the private sector non- 2688 of title 10, United States Code; (2) an assessment of the need to include, as new item: excess real and personal property. The Secretary ‘‘2691. Restoration of land used by permit or shall prepare the report in consultation with the part of the conveyance authority under such lease.’’. Secretaries of the military departments and the section, authority for the Secretary to convey Director of the Office of Management and real property associated with a utility system SEC. 2813. OUTDOOR RECREATION DEVELOP- conveyed under such section; and MENT ON MILITARY INSTALLATIONS Budget. FOR DISABLED VETERANS, MILITARY (b) REQUIRED ELEMENTS OF REPORT.—The re- (3) a description of the manner in which the DEPENDENTS WITH DISABILITIES, port shall set forth the following: Secretary will ensure that any conveyance AND OTHER PERSONS WITH DISABIL- (1) The number and purpose of all leases en- under such section does not adversely affect the ITIES. tered into under sections 2667 and 2667a of title national security of the United States. (a) ACCESS ENHANCEMENT.—Section 103 of the 10, United States Code, other than leases under Subtitle C—Defense Base Closure and Sikes Act (16 U.S.C. 670c) is amended by adding section 2667(f) of that title, during the five-year Realignment at the end the following new subsections: period ending on the date of the enactment of SEC. 2821. APPLICABILITY OF PROPERTY DIS- ‘‘(b) ACCESS FOR DISABLED VETERANS, MILI- this Act. POSAL LAWS TO LEASES AT INSTAL- TARY DEPENDENTS WITH DISABILITIES, AND (2) The types and amounts of payments re- LATIONS TO BE CLOSED OR RE- OTHER PERSONS WITH DISABILITIES.—(1) In de- ceived under the leases specified in paragraph ALIGNED UNDER BASE CLOSURE veloping facilities and conducting programs for (1) and the costs, if any, foregone as a result of LAWS. public outdoor recreation at military installa- the leases. Section 2667(f)(1) of title 10, United States tions, consistent with the primary military mis- (3) An assessment of the positive and negative Code, is amended by inserting after ‘‘subsection sion of the installations, the Secretary of De- aspects of leasing real property and surplus ca- (a)(3)’’ the following: ‘‘or the Federal Property fense shall ensure, to the extent reasonably pacity at military installations to the private and Administrative Services Act of 1949 (to the September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8179 extent such Act is inconsistent with this sub- Science Exhibit Commission under the authority State of Alabama. Any deed conveying title to section)’’. of the following provisions of law: any portion of the real property described in SEC. 2822. ELIMINATION OF WAIVER AUTHORITY (1) The first section of Public Law 90–276 (82 subsection (b) shall restrict the further use of REGARDING PROHIBITION AGAINST Stat. 68). the conveyed property to purposes and uses con- CERTAIN CONVEYANCES OF PROP- (2) Section 813 of the Military Construction sistent with the master plan approved and cer- ERTY AT NAVAL STATION, LONG Authorization Act, 1980 (Public Law 96–125; 93 tified as provided in subsection (d), unless oth- BEACH, CALIFORNIA. Stat. 952). erwise approved by the Secretary. Section 2826 of the Military Construction Au- (3) Section 813 of the Military Construction (3) Paragraph (2) does not prevent the Ala- thorization Act for Fiscal Year 1998 (division B Authorization Act, 1984 (Public Law 98–115; 97 bama Space Science Exhibit Commission or any of Public Law 105–85; 111 Stat. 2001) is amended Stat. 790). future deed holder of the real property described by striking out subsection (e). (c) RELEASE, WAIVER, OR CONVEYANCE OF in subsection (b) from giving a mortgage with re- SEC. 2823. PAYMENT OF STIPULATED PENALTIES OTHER RIGHTS, TERMS, AND CONDITIONS.—As spect to any portion of the real property to any ASSESSED UNDER CERCLA IN CON- part of the release under subsection (a), the Sec- person, except that any such mortgage shall NECTION WITH MCCLELLAN AIR retary may release, waive, or convey, without provide that the further use of the real property FORCE BASE, CALIFORNIA. consideration and to such extent as the Sec- shall be restricted to purposes and uses consist- (a) SOURCE OF PAYMENT.—Notwithstanding retary considers appropriate to protect the inter- ent with the master plan approved and certified subsection (b) of section 2906 of the Defense ests of the United States— as provided in subsection (d), unless otherwise Base Closure and Realignment Act of 1990 (part (1) any and all other rights retained by the approved by the Secretary. A of title XXIX of Public Law 101–510; 10 U.S.C. United States in and to the real property de- SEC. 2834. CONVEYANCE OF UTILITY SYSTEMS, 2687 note), the Secretary of Defense may use scribed in subsection (b) when the property was LONE STAR ARMY AMMUNITION amounts in the Department of Defense Base conveyed to the Alabama Space Science Exhibit PLANT, TEXAS. Closure Account 1990 established under sub- Commission; and (a) CONVEYANCE AUTHORIZED.—The Secretary section (a) of such section to pay stipulated pen- (2) any and all terms and conditions and re- of the Army may convey all right, title, and in- alties assessed under the Comprehensive Envi- strictions on the use of the real property im- terest of the United States in and to any utility ronmental Response, Compensation, and Liabil- posed as part of the conveyances described in system, or part thereof, including any real prop- ity Act of 1980 (42 U.S.C. 9601 et seq.) against subsection (b). erty associated with such system, at the Lone McClellan Air Force Base, California. (d) CONDITIONS ON RELEASE, WAIVER, OR CON- Star Army Ammunition Plant, Texas, to the re- (b) AMOUNT OF PAYMENT.—The amount ex- VEYANCE.—(1) The Secretary may execute the re- development authority for the Red River Army pended under the authority of subsection (a) lease under subsection (a) or a release, waiver, Depot, Texas, in conjunction with the disposal may not exceed $15,000. or conveyance under subsection (c) only after— of property at the Depot under the Defense Base Subtitle D—Land Conveyances (A) the Secretary approves of the master plan Closure and Realignment Act of 1990 (part A of PART I—ARMY CONVEYANCES prepared by the Alabama Space Science Exhibit title XXIX of Public Law 101–510; 10 U.S.C. 2687 note). SEC. 2831. MODIFICATION OF LAND CONVEYANCE, Commission, as such plan may exist or be re- vised from time to time, for development of the (b) CONSIDERATION.—As consideration for the ARMY RESERVE CENTER, YOUNGS- conveyance under subsection (a), the redevelop- TOWN, OHIO. real property described in subsection (b); and ment authority shall pay to the United States Section 2861(b) of the Military Construction (B) the installation commander at Redstone an amount equal to the fair market value of the Authorization Act for Fiscal Year 1996 (division Arsenal, Alabama, certifies to the Secretary that conveyed utility system and any real property B of Public Law 104–106; 110 Stat. 573) is amend- the release, waiver, or conveyance is consistent conveyed as part of the conveyance, as deter- ed by striking out ‘‘retain’’ and all that follows with the master plan. mined by an independent appraisal satisfactory through the period at the end and inserting in (2) A new facility or structure may not be con- to the Secretary and paid for by the redevelop- lieu thereof ‘‘develop the parcel for educational structed on the real property described in sub- ment authority. purposes.’’. section (b) unless the facility or structure is in- (c) RULE OF CONSTRUCTION.—Nothing in sub- SEC. 2832. RELEASE OF INTERESTS IN REAL cluded in the master plan, which has been ap- proved and certified as provided in paragraph section (a) may be construed to prohibit or oth- PROPERTY, FORMER KENNEBEC AR- erwise limit the Secretary from conveying any SENAL, AUGUSTA, MAINE. (1). utility system referred to in that subsection (a) AUTHORITY TO RELEASE.—The Secretary (e) INSTRUMENT OF RELEASE, WAIVER, OR CON- under any other provision of law, including sec- of the Army may release, without consideration, VEYANCE.—In making a release, waiver, or con- tion 2688 of title 10, United States Code. all right, title, and interest of the United States veyance authorized by this section, the Sec- retary shall execute and file in the appropriate (d) UTILITY SYSTEM DEFINED.—In this section, in and to the real property described in sub- the term ‘‘utility system’’ has the meaning given section (b). office or offices a deed of release, amended deed, or other appropriate instrument effectuating the that term in section 2688(g) of title 10, United (b) COVERED PROPERTY.—The real property States Code. referred to in subsection (a) is the parcel of real release, waiver, or conveyance. SEC. 2835. CONVEYANCE OF WATER RIGHTS AND property consisting of approximately 40 acres lo- (f) EFFECT OF RELEASE.—Except as provided in subsection (g), upon release of any reversion- RELATED INTERESTS, ROCKY MOUN- cated in Augusta, Maine, and formerly known TAIN ARSENAL, COLORADO, FOR as the Kennebec Arsenal, which parcel was con- ary interest under this section, the right, title PURPOSES OF ACQUISITION OF PER- veyed by the Secretary of War to the State of and interest of the Alabama Space Science Ex- PETUAL CONTRACTS FOR WATER. Maine under the provisions of the Act entitled hibit Commission in and to the real property de- (a) CONVEYANCE AUTHORIZED.—Subject to ‘‘An Act Authorizing the Secretary of War to scribed in subsection (b) shall, to the extent of subsection (c), the Secretary of the Army may convey the Kennebec Arsenal property, situated the release, no longer be subject to the condi- convey any and all interest of the United States in Augusta, Maine, to the State of Maine for tions prescribed in the provisions of law speci- in the water rights and related rights at Rocky public purposes’’, approved March 3, 1905 (33 fied in such subsection. Except as provided in Mountain Arsenal, Colorado, described in sub- Stat. 1270), as amended by section 771 of the De- subsection (g), the Alabama Space Science Ex- section (b) to the City and County of Denver, partment of Defense Appropriations Act, 1981 hibit Commission may use the real property for Colorado, acting through its Board of Water (Public Law 96–527; 94 Stat. 3093). any such purpose or purposes as it considers ap- Commissioners. (c) INSTRUMENT OF RELEASE.—The Secretary propriate consistent with the master plan ap- (b) COVERED WATER RIGHTS AND RELATED of the Army shall execute and file in the appro- proved and certified as provided in subsection RIGHTS.—The water rights and related rights priate office a deed of release, amended deed, or (d), and the real property may be conveyed by authorized to be conveyed under subsection (a) other appropriate instrument effectuating the the Alabama Space Science Exhibit Commission are the following: release of interests authorized by this section. without restriction and unencumbered by any (1) Any and all interest in 300 acre rights to SEC. 2833. RELEASE, WAIVER, OR CONVEYANCE claims or rights of the United States with re- water from Antero Reservoir as set forth in OF INTERESTS IN REAL PROPERTY, spect to the property, subject to such rights, Antero Reservoir Contract No. 382 dated August FORMER REDSTONE ARMY ARSENAL terms, and conditions of the United States pre- 22, 1923, for 160 acre rights; Antero Reservoir PROPERTY, ALABAMA. viously imposed on the real property and not re- Contract No. 383 dated August 22, 1923, for 50 (a) RELEASE AUTHORIZED.—The Secretary of leased, waived, or conveyed by the Secretary acre rights; Antero Reservoir Contract No. 384 the Army may release, without consideration under subsection (c). dated October 30, 1923, for 40 acre rights; Antero and to such extent as the Secretary considers (g) EXCEPTIONS.—(1) Conveyance of the drain- Reservoir Contract No. 387 dated March 3, 1923, appropriate to protect the interests of the United age and utility easement reserved to the United for 50 acre rights; and Supplemental Contract States, the reversionary interests of the United States pursuant to section 813(b)(3) of the Mili- No. 382–383–384–387 dated July 24, 1932, defining States in the real property described in sub- tary Construction Authorization Act, 1984 (Pub- the amount of water to be delivered under the section (b), which were retained by the United lic Law 98–115; 97 Stat. 791), is not authorized 300 acre rights in the prior contracts as 220 acre States when the property was conveyed to the under this section. feet. Alabama Space Science Exhibit Commission, an (2) In no event may title to any portion of the (2) Any and all interest in the 305 acre rights agency of the State of Alabama. The release real property described in subsection (b) be con- of water from the High Line Canal, diverted at shall be executed in the manner provided in this veyed by the Alabama Space Science Exhibit its headgate on the South Platte River and de- section. Commission or any future deed holder of the livered to the Fitzsimons Army Medical Center (b) DESCRIPTION OF PROPERTY.—The real real property to any person other than an agen- and currently subject to cost assessments pursu- property referred to in this section is the real cy, instrumentality, political subdivision, mu- ant to Denver Water Department contract property conveyed to the Alabama Space nicipal corporation, or public corporation of the #001990. H8180 CONGRESSIONAL RECORD — HOUSE September 22, 1998 (3) Any and all interest in the 2,603.55 acre section shall be made on the record after an op- SEC. 2839. LAND CONVEYANCE, ARMY RESERVE rights of water from the High Line Canal, di- portunity for a hearing. CENTER, PEORIA, ILLINOIS. verted at its headgate on the South Platte River (d) ADDITIONAL TERMS AND CONDITIONS.—The (a) CONVEYANCE AUTHORIZED.—The Secretary and delivered to the Rocky Mountain Arsenal in Secretary may require such additional terms of the Army may convey, without consideration, Adams County, Colorado, and currently subject and conditions in connection with the convey- to the Peoria School District #150 of Peoria, Illi- to cost assessments by the Denver Water Depart- ance under subsection (a) as the Secretary con- nois (in this section referred to as the ‘‘School ment, including 680 acre rights transferred from siders appropriate to protect the interests of the District’’), all right, title, and interest of the Lowry Field to the Rocky Mountain Arsenal by United States. United States in and to a parcel of real prop- erty, including improvements thereon, consisting the October 5, 1943, agreement between the City SEC. 2837. LAND CONVEYANCE, ARMY RESERVE and County of Denver, acting by and through CENTER, OGDENSBURG, NEW YORK. of the Army Reserve Center located at 1429 its Board of Water Commissioners, and the Northmoor Road in Peoria, Illinois, for the pur- (a) CONVEYANCE AUTHORIZED.—The Secretary pose of permitting the School District to develop United States of America. of the Army may convey, without consideration, (4) Any and all interest in 4,058.34 acre rights the parcel for educational and transportation to the City of Ogdensburg, New York (in this of water not currently subject to cost assess- purposes. section referred to as the ‘‘City’’), all right, title, ments by the Denver Water Department. (b) DESCRIPTION OF PROPERTY.—The exact and interest of the United States in and to a (5) A new easement for the placement of water acreage and legal description of the real prop- parcel of real property, including improvements lines approximately 50 feet wide inside the erty to be conveyed under subsection (a) shall be thereon, consisting of the Army Reserve Center Southern boundary of Rocky Mountain Arsenal determined by a survey satisfactory to the Sec- in Ogdensburg, New York, for the purpose of and across the Reserve Center along the north- retary. The cost of the survey shall be borne by permitting the City to develop the parcel for ern side of 56th Avenue. the School District. public benefit, including the development of mu- (6) A permanent easement for utilities where (c) REVERSIONARY INTEREST.—During the five- nicipal office space. Denver has an existing temporary easement year period beginning on the date the Secretary near the southern and western boundaries of (b) DESCRIPTION OF PROPERTY.—The exact makes the conveyance authorized under sub- Rocky Mountain Arsenal. acreage and legal description of the real prop- section (a), if the Secretary determines that the (c) CONSIDERATION.—(1) The Secretary of the erty to be conveyed under subsection (a) shall be conveyed real property is not being used in ac- Army may make the conveyance under sub- determined by a survey satisfactory to the Sec- cordance with the purpose of the conveyance section (a) only if the Board of Water Commis- retary. The cost of the survey shall be borne by specified in such subsection, all right, title, and sioners, on behalf of the City and County of the City. interest in and to the property, including any Denver, Colorado— (c) REVERSIONARY INTEREST.—During the five- improvements thereon, shall revert to the United (A) enters into a permanent contract with the year period beginning on the date the Secretary States, and the United States shall have the Secretary of the Army for purposes of ensuring makes the conveyance authorized under sub- right of immediate entry onto the property. Any the delivery of nonpotable water and potable section (a), if the Secretary determines that the determination of the Secretary under this sub- water to Rocky Mountain Arsenal; and conveyed real property is not being used in ac- section shall be made on the record after an op- (B) enters into a permanent contract with the cordance with the purpose of the conveyance portunity for a hearing. Secretary of the Interior for purposes of ensur- specified in such subsection, all right, title, and (d) ADDITIONAL TERMS AND CONDITIONS.—The ing the delivery of nonpotable water and pota- interest in and to the property, including any Secretary may require such additional terms ble water to Rocky Mountain Arsenal National improvements thereon, shall revert to the United and conditions in connection with the convey- Wildlife Refuge, Colorado. States, and the United States shall have the ance under subsection (a) as the Secretary con- (2) Section 2809(e) of title 10, United States right of immediate entry onto the property. Any siders appropriate to protect the interests of the Code, shall not operate to limit the term of the determination of the Secretary under this sub- United States. contract entered into under paragraph (1)(A). section shall be made on the record after an op- (d) REQUIREMENT RELATING TO CONVEY- SEC. 2840. LAND CONVEYANCE, ARMY RESERVE portunity for a hearing. CENTER, BRIDGTON, MAINE. ANCE.—The Secretary of the Army may not (d) ADDITIONAL TERMS AND CONDITIONS.—The (a) CONVEYANCE AUTHORIZED.—The Secretary make the conveyance authorized by subsection Secretary may require such additional terms (a) until the execution of the proposed agree- of the Army may convey, without consideration, and conditions in connection with the convey- to the Town of Bridgton, Maine (in this section ment provided for under subsection (c) between ance under subsection (a) as the Secretary con- the City and County of Denver, Colorado, act- referred to as the ‘‘Town’’), all right, title, and siders appropriate to protect the interests of the interest of the United States in and to a parcel ing through its Board of Water Commissioners, United States. the South Adams County Water and Sanitation of real property, including improvements there- SEC. 2838. LAND CONVEYANCE, ARMY RESERVE on, consisting of approximately 3.65 acres and District, the United States Fish and Wildlife CENTER, JAMESTOWN, OHIO. Service, and the Army. containing the Army Reserve Center in (a) CONVEYANCE AUTHORIZED.—The Secretary (e) ADDITIONAL TERMS AND CONDITIONS.—The Bridgton, Maine, for the purpose of permitting Secretary of the Army may require such addi- of the Army may convey, without consideration, the Town to develop the parcel for public bene- tional terms and conditions in connection with to the Greeneview Local School District of fit, including the development of municipal of- the conveyance under subsection (a) as the Sec- Jamestown, Ohio, all right, title, and interest of fice space. retary considers appropriate to protect the inter- the United States in and to a parcel of real (b) DESCRIPTION OF PROPERTY.—The exact ests of the United States. property, including improvements thereon, that acreage and legal description of the real prop- is located at 5693 Plymouth Road in Jamestown, SEC. 2836. LAND CONVEYANCE, ARMY RESERVE erty to be conveyed under subsection (a) shall be CENTER, MASSENA, NEW YORK. Ohio, and contains an Army Reserve Center, for determined by a survey satisfactory to the Sec- the purpose of permitting the Greeneview Local (a) CONVEYANCE AUTHORIZED.—The Secretary retary. The cost of the survey shall be borne by of the Army may convey, without consideration, School District to retain and use the conveyed the Town. to the Village of Massena, New York (in this property for educational purposes. (c) REVERSIONARY INTEREST.—During the five- section referred to as the ‘‘Village’’), all right, (b) DESCRIPTION OF PROPERTY.—The exact year period beginning on the date the Secretary title, and interest of the United States in and to acreage and legal description of the real prop- makes the conveyance authorized under sub- a parcel of real property, including improve- erty to be conveyed under subsection (a) shall be section (a), if the Secretary determines that the ments thereon, consisting of the Army Reserve determined by a survey satisfactory to the Sec- conveyed real property is not being used in ac- Center in Massena, New York, for the purpose retary. The cost of the survey shall be borne by cordance with the purpose of the conveyance of permitting the Village to develop the parcel the Greeneview Local School District. specified in such subsection, all right, title, and for public benefit, including the development of (c) REVERSIONARY INTEREST.—During the five- interest in and to the property, including any municipal office space. year period beginning on the date the Secretary improvements thereon, shall revert to the United (b) DESCRIPTION OF PROPERTY.—The exact makes the conveyance authorized under sub- States, and the United States shall have the acreage and legal description of the real prop- section (a), if the Secretary determines that the right of immediate entry onto the property. Any erty to be conveyed under subsection (a) shall be conveyed real property is not being used in ac- determination of the Secretary under this sub- determined by a survey satisfactory to the Sec- cordance with the purpose of the conveyance section shall be made on the record after an op- retary. The cost of the survey shall be borne by specified in such subsection, all right, title, and portunity for a hearing. the Village. interest in and to the property, including any (d) ADDITIONAL TERMS AND CONDITIONS.—The (c) REVERSIONARY INTEREST.—During the five- improvements thereon, shall revert to the United Secretary may require such additional terms year period beginning on the date the Secretary States, and the United States shall have the and conditions in connection with the convey- makes the conveyance authorized under sub- right of immediate entry onto the property. Any ance under subsection (a) as the Secretary con- section (a), if the Secretary determines that the determination of the Secretary under this sub- siders appropriate to protect the interests of the conveyed real property is not being used in ac- section shall be made on the record after an op- United States. cordance with the purpose of the conveyance portunity for a hearing. SEC. 2841. LAND CONVEYANCE, FORT SHERIDAN, specified in such subsection, all right, title, and (d) ADDITIONAL TERMS AND CONDITIONS.—The ILLINOIS. interest in and to the property, including any Secretary may require such additional terms (a) CONVEYANCE AUTHORIZED.—The Secretary improvements thereon, shall revert to the United and conditions in connection with the convey- of the Army may convey to the City of Lake States, and the United States shall have the ance under subsection (a) as the Secretary con- Forest, Illinois (in this section referred to as the right of immediate entry onto the property. Any siders appropriate to protect the interests of the ‘‘City’’), all right, title, and interest, of the determination of the Secretary under this sub- United States. United States in and to all or some portion of September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8181 the parcel of real property, including improve- provements thereon, consisting of approximately II of the Defense Authorization Amendments ments thereon, at the former Fort Sheridan, Illi- 4660 acres located at the Indiana Army Ammu- and Base Closure and Realignment Act (Public nois, consisting of approximately 14 acres and nition Plant, Charlestown, Indiana, for the pur- Law 100–526; 10 U.S.C. 2687 note).’’. known as the northern Army Reserve enclave pose of developing the parcel as an industrial SEC. 2844. LAND CONVEYANCE, VOLUNTEER ARMY area. park to replace all or part of the economic activ- AMMUNITION PLANT, CHAT- (b) CONSIDERATION.—As consideration for the ity lost at the inactivated plant. TANOOGA, TENNESSEE. conveyance under subsection (a), the City shall (b) CONSIDERATION.—Except as provided in (a) CONVEYANCE AUTHORIZED.—The Secretary pay to the United States an amount equal to not subsection (d), as consideration for the convey- of the Army may convey to Hamilton County, less than the fair market value of the real prop- ance under subsection (a), the Reuse Authority Tennessee (in this section referred to as the erty to be conveyed, as determined by the Sec- shall pay to the Secretary an amount equal to ‘‘County’’), all right, title, and interest of the retary. the fair market value of the conveyed property United States in and to a parcel of real prop- (c) USE OF PROCEEDS.—In such amounts as as of the time of the conveyance, determined by erty, including improvements thereon, consisting are provided in advance in appropriations Acts, the Secretary in accordance with Federal ap- of approximately 1033 acres located at the Vol- the Secretary may use the funds paid by the praisal standards and procedures. unteer Army Ammunition Plant, Chattanooga, City under subsection (b) to provide for the con- (c) TIME FOR PAYMENT.—The consideration struction of replacement facilities and for the re- required under subsection (b) shall be paid by Tennessee, for the purpose of developing the location costs for Reserve units and activities af- the Reuse Authority at the end of the 10-year parcel as an industrial park to replace all or fected by the conveyance. period beginning on the date on which the con- part of the economic activity lost at the inac- tivated plant. (d) DESCRIPTION OF PROPERTY.—The exact veyance under subsection (a) is completed. acreage and legal description of the real prop- (d) EFFECT OF RECONVEYANCE OR LEASE.—(1) (b) CONSIDERATION.—Except as provided in erty to be conveyed under subsection (a) shall be If, during the 10-year period specified in sub- subsection (d), as consideration for the convey- determined by a survey satisfactory to the Sec- section (c), the Reuse Authority reconveys all or ance under subsection (a), the County shall pay retary. The cost of the survey shall be borne by any part of the property conveyed under sub- to the Secretary an amount equal to the fair the City. section (a), the Reuse Authority shall pay to the market value of the conveyed property as of the (e) NOTICE AND WAIT.—The Secretary may not United States an amount equal to the fair mar- time of the conveyance, determined by the Sec- make the conveyance authorized by subsection ket value of the reconveyed property as of the retary in accordance with Federal appraisal (a) until 21 days after the date on which the time of the reconveyance, excluding the value of standards and procedures. Secretary submits to the congressional defense any improvements made to the property by the (c) TIME FOR PAYMENT.—The consideration committees a certification that the relocation of Reuse Authority, determined by the Secretary in required under subsection (b) shall be paid by the Reserve units and activities affected by the accordance with Federal appraisal standards the County at the end of the 10-year period be- conveyance is consistent with an approved mas- and procedures. ginning on the date on which the conveyance ter plan for the consolidation of Reserve activi- (2) The Secretary may treat a lease of the under subsection (a) is completed. ties in, or in the vicinity of, Chicago, Illinois. property within such 10-year period as a re- (d) EFFECT OF RECONVEYANCE OR LEASE.—(1) (f) ADDITIONAL TERMS AND CONDITIONS.—The conveyance if the Secretary determines that the If the County reconveys all or any part of the Secretary may require such additional terms lease is being used to avoid application of para- conveyed property during the 10-year period and conditions in connection with the convey- graph (1). specified in subsection (c), the County shall pay ance under subsection (a) as the Secretary con- (e) DEPOSIT OF PROCEEDS.—The Secretary to the United States an amount equal to the fair siders appropriate to protect the interests of the shall deposit any proceeds received under sub- market value of the reconveyed property as of United States. section (b) or (d) in the special account estab- the time of the reconveyance, excluding the SEC. 2842. LAND CONVEYANCE, SKANEATELES, lished pursuant to section 204(h)(2) of the Fed- value of any improvements made to the property NEW YORK. eral Property and Administrative Services Act of by the County, determined by the Secretary in (a) CONVEYANCE AUTHORIZED.—The Secretary 1949 (40 U.S.C. 485(h)(2)). accordance with Federal appraisal standards of the Army may convey, without consideration, (f) ADMINISTRATIVE EXPENSES.—In connection and procedures. to the Town of Skaneateles, New York (in this with the conveyance under subsection (a), the section referred to as the ‘‘Town’’), all right, Secretary may accept amounts provided by the (2) The Secretary may treat a lease of the title, and interest of the United States in and to Reuse Authority or other persons to cover ad- property within such 10-year period as a re- a parcel of real property, including improve- ministrative expenses incurred by the Secretary conveyance if the Secretary determines that the ments thereon, consisting of approximately in making the conveyance. Amounts received lease is being used to avoid application of para- 147.10 acres in Skaneateles, New York, and com- under this subsection for administrative ex- graph (1). monly known as the ‘‘Federal Farm’’, for the penses shall be credited to the appropriation, (e) DEPOSIT OF PROCEEDS.—The Secretary purpose of permitting the Town to develop the fund, or account from which the expenses were shall deposit any proceeds received under sub- parcel for public benefit, including for rec- paid. Amounts so credited shall be merged with section (b) or (d) in the special account estab- reational purposes. funds in such appropriation, fund, or account lished pursuant to section 204(h)(2) of the Fed- (b) DESCRIPTION OF PROPERTY.—The exact and shall be available for the same purposes eral Property and Administrative Services Act of acreage and legal description of the real prop- and subject to the same limitations as the funds 1949 (40 U.S.C. 485(h)(2)). erty to be conveyed under subsection (a) shall be with which merged. (f) EFFECT ON EXISTING LEASES.—The convey- determined by a survey satisfactory to the Sec- (g) DESCRIPTION OF PROPERTY.—The property ance of the real property under subsection (a) retary. The cost of the survey shall be borne by to be conveyed under subsection (a) includes the shall not affect the terms or length of any con- the Town. administrative area of the Indiana Army Ammu- tract entered into by the Secretary before the (c) REVERSIONARY INTEREST.—During the five- nition Plant as well as open space in the south- date of the enactment of this Act with regard to year period beginning on the date the Secretary ern end of the plant. The exact acreage and the property to be conveyed. makes the conveyance authorized under sub- legal description of the property to be conveyed (g) ADMINISTRATIVE EXPENSES.—In connection section (a), if the Secretary determines that the shall be determined by a survey satisfactory to with the conveyance under subsection (a), the conveyed real property is not being used in ac- the Secretary. The cost of the survey shall be Secretary may accept amounts provided by the cordance with the purpose of the conveyance borne by the Reuse Authority. County or other persons to cover administrative (h) ADDITIONAL TERMS AND CONDITIONS.—The specified in such subsection, all right, title, and expenses incurred by the Secretary in making Secretary may require such additional terms interest in and to the property, including any the conveyance. Amounts received under this and conditions in connection with the convey- improvements thereon, shall revert to the United subsection for administrative expenses shall be ance under subsection (a) as the Secretary con- States, and the United States shall have the credited to the appropriation, fund, or account siders appropriate to protect the interests of the right of immediate entry onto the property. Any from which the expenses were paid. Amounts so United States. determination of the Secretary under this sub- credited shall be merged with funds in such ap- (i) ADDITIONAL CONVEYANCE FOR REC- section shall be made on the record after an op- propriation, fund, or account and shall be REATIONAL PURPOSES.—Section 2858(a) of the portunity for a hearing. available for the same purposes and subject to (d) ADDITIONAL TERMS AND CONDITIONS.—The Military Construction Authorization Act for the same limitations as the funds with which Secretary may require such additional terms Fiscal Year 1996 (division B of Public Law 104– merged. and conditions in connection with the convey- 106; 110 Stat. 571), as amended by section 2838 of ance under subsection (a) as the Secretary con- the Military Construction Authorization Act for (h) DESCRIPTION OF PROPERTY.—The exact siders appropriate to protect the interest of the Fiscal Year 1998 (division B of Public Law 105– acreage and legal description of the property to United States. 85; 111 Stat. 2006), is further amended by adding be conveyed under subsection (a) shall be deter- mined by a survey satisfactory to the Secretary. SEC. 2843. LAND CONVEYANCE, INDIANA ARMY at the end the following new paragraph: AMMUNITION PLANT, CHARLES- ‘‘(3) The Secretary may also convey to the The cost of the survey shall be borne by the TOWN, INDIANA. State, without consideration, another parcel of County. (a) CONVEYANCE AUTHORIZED.—The Secretary real property at the Indiana Army Ammunition (i) ADDITIONAL TERMS AND CONDITIONS.—The of the Army may convey to the Indiana Army Plant consisting of approximately 2,000 acres of Secretary may require such additional terms Ammunition Plant Reuse Authority (in this sec- additional riverfront property in order to con- and conditions in connection with the convey- tion referred to as the ‘‘Reuse Authority’’) all nect the parcel conveyed under paragraph (2) ance under subsection (a) as the Secretary con- right, title, and interest of the United States in with the parcels of Charlestown State Park con- siders appropriate to protect the interests of the and to a parcel of real property, including im- veyed to the State under paragraph (1) and title United States. H8182 CONGRESSIONAL RECORD — HOUSE September 22, 1998 SEC. 2845. LAND CONVEYANCE, STEWART ARMY and conditions in connection with the grant of determined by a survey satisfactory to the Sec- SUB-POST, NEW WINDSOR, NEW an easement under subsection (a) as the Sec- retary. The cost of the survey shall be borne by YORK. retary considers appropriate to protect the inter- the City. (a) CONVEYANCE AUTHORIZED.—The Secretary ests of the United States. (c) REVERSIONARY INTEREST.—During the five- of the Army may convey, without consideration, SEC. 2852. LAND EXCHANGE, NAVAL RESERVE year period beginning on the date the Secretary to the Town of New Windsor, New York (in this READINESS CENTER, PORTLAND, makes the conveyance authorized under sub- section referred to as the ‘‘Town’’), all right, MAINE. section (a), if the Secretary determines that the title, and interest of the United States in and to (a) CONVEYANCE AUTHORIZED.—(1) The Sec- conveyed real property is not being used in ac- a parcel of real property, including improve- retary of the Navy may convey to the Gulf of cordance with the purpose of the conveyance ments thereon, consisting of approximately 291 Maine Aquarium Development Corporation, specified in such subsection, all right, title, and acres at the Stewart Army Sub-Post in New Portland, Maine (in this section referred to as interest in and to the property, including any Windsor, New York, for the purpose of permit- the ‘‘Corporation’’), all right, title, and interest improvements thereon, shall revert to the United ting the Town to develop the parcel for eco- of the United States in and to a parcel of real States, and the United States shall have the nomic purposes. property, including improvements thereon, con- right of immediate entry onto the property. Any (b) EXCLUSION.—The real property to be con- sisting of approximately 3.72 acres in Portland, determination of the Secretary under this sub- veyed under subsection (a) does not include any Maine, and containing the Naval Reserve Read- portion of the approximately 89.2-acre parcel at section shall be made on the record after an op- iness Center, Portland, Maine, for the purpose Stewart Army Sub-Post that is proposed for portunity for a hearing. of permitting the Corporation to use the parcel (d) ADDITIONAL TERMS AND CONDITIONS.—The transfer to the jurisdiction and control of the for economic development and as the site for an Secretary may require such additional terms Marine Corps or the approximately 22-acre par- aquarium and marine research facility. and conditions in connection with the convey- cel at Stewart Army Sub-Post that is proposed (2) As part of the conveyance under para- ance under subsection (a) as the Secretary con- for transfer to the jurisdiction and control of the graph (1), the Secretary shall also convey to the siders appropriate to protect the interests of the Army Reserve. Corporation any interest of the United States in United States. (c) CONDITIONS OF CONVEYANCE.—The convey- the submerged lands adjacent to the real prop- ance authorized by subsection (a) may only be SEC. 2854. LAND CONVEYANCE, NAVAL AIR RE- erty conveyed under that paragraph that is ap- made subject to the following conditions: SERVE CENTER, MINNEAPOLIS, MIN- (1) The Town must agree to provide connec- purtenant to the real property conveyed under NESOTA. tions to the local wastewater and sewage treat- that paragraph. (a) CONVEYANCE AUTHORIZED.—The Secretary ment system for all existing and future improve- (b) PROVISION OF REPLACEMENT FACILITIES.— of the Navy may convey to the Minneapolis-St. ments to the parcels of real property referred to As consideration for the conveyance authorized Paul Metropolitan Airports Commission, Min- in subsection (b). by subsection (a), the Corporation shall design nesota (in this section referred to as the ‘‘Com- (2) The Town must agree to provide waste- and construct such facilities as the Secretary mission’’), all right, title, and interest of the water and sewage treatment service to such par- determines appropriate for the Naval Reserve to United States in and to a parcel of real prop- cels at a rate established by the appropriate replace the facilities conveyed under that sub- erty, including improvements thereon, consisting Federal or State regulatory authority. section. of approximately 32 acres located in Minneapo- (d) DESCRIPTION OF PROPERTY.—The exact (c) LOCATION OF REPLACEMENT FACILITIES.— lis, Minnesota, and comprising the Naval Air acreage and legal description of the real prop- (1) To provide a location for the replacement fa- Reserve Center, Minneapolis, Minnesota, for the erty to be conveyed under subsection (a) shall be cilities required under subsection (b), the Cor- purpose of facilitating the expansion of the determined by a survey satisfactory to the Sec- poration shall— Minneapolis-St. Paul International Airport. retary. The cost of the survey shall be borne by (A) convey to the United States all right, title, (b) ALTERNATIVE LEASE AUTHORITY.—In lieu the Town. and interest in and to a parcel of real property of the conveyance authorized by subsection (a), (e) ADDITIONAL TERMS AND CONDITIONS.—The determined by the Secretary to be an appro- the Secretary may elect to lease the property re- Secretary may require such additional terms priate location for such facilities; or ferred to in that subsection to the Commission if and conditions in connection with the convey- (B) design and construct such facilities on the Secretary determines that a lease of the ance under subsection (a) as the Secretary con- such parcel of real property under the jurisdic- property would better serve the interests of the siders appropriate to protect the interests of the tion of the Secretary as the Secretary shall United States. United States. specify. (c) PROVISION OF REPLACEMENT FACILITIES.— (2) The Secretary shall select the alternative PART II—NAVY CONVEYANCES As consideration for the conveyance under sub- provided under paragraph (1) to be used by the section (a), or the lease under subsection (b), the SEC. 2851. CONVEYANCE OF EASEMENT, MARINE Corporation. Commission shall— CORPS BASE, CAMP PENDLETON, (d) NOTICE AND WAIT.—The Secretary may not CALIFORNIA. (1) provide for such facilities as the Secretary make the conveyance authorized by subsection (a) EASEMENT AUTHORIZED.—The Secretary of considers appropriate for the Naval Reserve to (a) until 21 days after the date on which the the Navy may grant an easement, in perpetuity, replace the facilities conveyed or leased under Secretary submits to the congressional defense to the Foothill/Eastern Transportation Corridor this section; committees a report specifying the terms and Agency (in this section referred to as the ‘‘Agen- (2) assume the costs of designing and con- conditions under which the conveyance will cy’’) over a parcel of real property at Marine structing such replacement facilities, as may be occur. Corps Base, Camp Pendleton, California, con- acceptable to the Secretary; and (e) DESCRIPTION OF PROPERTY.—The exact (3) assume any costs incurred by the Secretary sisting of approximately 340 acres to permit the acreage and legal description of the real prop- in relocating the operations of the Naval Air Re- recipient of the easement to construct, operate, erty to be conveyed under subsection (a)(1), of serve Center to such replacement facilities. and maintain a restricted access highway. The any interest to be conveyed under subsection (d) LOCATION OF REPLACEMENT FACILITIES.— area covered by the easement shall include (a)(2), and of the real property, if any, to be To provide a location for the replacement facili- slopes and all necessary incidents thereto. conveyed under subsection (c)(1)(A) shall be de- ties required under subsection (c), the Commis- (b) CONSIDERATION.—As consideration for the grant of an easement under subsection (a), the termined by surveys satisfactory to the Sec- sion may— (1) convey to the United States all right, title, Agency shall pay to the United States an retary. The cost of the surveys shall be borne by and interest in and to a parcel of real property amount equal to the fair market value of the the Corporation. (f) ADDITIONAL TERMS AND CONDITIONS.—The determined by the Secretary to be an appro- easement, as determined by an independent ap- Secretary may require such additional terms priate location for such facilities, if the Sec- praisal satisfactory to the Secretary and paid and conditions in connection with the convey- retary elects to make the conveyance authorized for by the Agency. (c) USE OF PROCEEDS.—In such amounts as ance under subsection (a) as the Secretary con- by subsection (a); or are provided in advance in appropriation Acts, siders appropriate to protect the interests of the (2) lease to the United States a parcel of real the Secretary shall use the funds paid by the United States. property determined by the Secretary to be an Agency under subsection (b) to carry out one or SEC. 2853. LAND CONVEYANCE, NAVAL AND MA- appropriate location for such facilities, if the more of the following programs at Camp Pendle- RINE CORPS RESERVE FACILITY, Secretary elects to make the lease authorized by YOUNGSTOWN, OHIO. ton: subsection (b). (1) Enhancement of access from Red, White, (a) CONVEYANCE AUTHORIZED.—The Secretary (e) AVAILABILITY OF REPLACEMENT FACILI- and Green Beaches under Interstate Route 5 of the Navy may convey, without consideration, TIES.—The Secretary may not make the convey- and railroad crossings to inland areas. to the City of Youngstown, Ohio (in this section ance authorized by subsection (a), or enter into (2) Improvement of roads and bridge struc- referred to as the ‘‘City’’), all right, title, and the lease authorized by subsection (b), until the tures in the range and training area. interest of the United States in and to a parcel replacement facilities required by subsection (c) (3) Realignment of Basilone Road. of real property, including improvements there- are available for the relocation of the operations (d) DESCRIPTION OF PROPERTY.—The exact on, that is located at 315 East Laclede Avenue of the Naval Air Reserve Center. acreage and legal description of the easement to in Youngstown, Ohio, and is the location of a (f) AGREEMENT RELATING TO CONVEYANCE.— be granted under subsection (a) shall be deter- Naval and Marine Corps Reserve facility, for (1) If the Secretary determines to proceed with mined by a survey satisfactory to the Secretary. the purpose of permitting the City to use the the conveyance authorized by subsection (a), or The cost of the survey shall be borne by the parcel for educational purposes. the lease authorized by subsection (b), the Sec- Agency. (b) DESCRIPTION OF PROPERTY.—The exact retary and the Commission shall enter into an (e) ADDITIONAL TERMS AND CONDITIONS.—The acreage and legal description of the real prop- agreement specifying the terms and conditions Secretary may require such additional terms erty to be conveyed under subsection (a) shall be under which the conveyance or lease will occur. September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8183 (2) The Secretary may not enter into the ation, to McNeese State University of Louisiana the Secretary shall establish procedures for the agreement under paragraph (1) until 21 days (in this section referred to as the ‘‘University’’), review and approval of requests from Depart- after the date on which the Secretary submits to all right, title, and interest of the United States ment of Defense laboratories for construction the congressional defense committees a report in and to a parcel of real property, including under the program. specifying the terms and conditions under which improvements thereon, consisting of approxi- ‘‘(2) The laboratories at which construction the conveyance or lease will occur. mately 4.38 acres at Lake Charles Air Force Sta- may be carried out under the program may not (g) DESCRIPTION OF PROPERTY.—The exact tion, Louisiana, for the purpose of permitting include Department of Defense laboratories that acreage and legal description of the real prop- the University to use the parcel for educational are contractor-owned.’’. erty to be conveyed to the Commission under purposes and agricultural research. (b) REPORT.—Subsection (d) of that section is subsection (a), or leased to the Commission (b) DESCRIPTION OF PROPERTY.—The exact amended to read as follows: under subsection (b), and the exact acreage and acreage and legal description of the real prop- ‘‘(d) REPORT.—Not later than February 1, legal description of the real property to be con- erty to be conveyed under subsection (a) shall be 2003, the Secretary shall submit to Congress a veyed or leased under subsection (d) to the determined by a survey satisfactory to the Sec- report on the program. The report shall include United States, shall be determined by surveys retary. The cost of the survey shall be borne by the Secretary’s conclusions and recommendation satisfactory to the Secretary. The cost of the the University. regarding the desirability of making the author- surveys shall be borne by the Commission. (c) REVERSIONARY INTEREST.—During the five- ity set forth under subsection (b) permanent.’’. (h) ADDITIONAL TERMS AND CONDITIONS.—The year period beginning on the date the Secretary (c) EXTENSION.—Subsection (g) of that section Secretary may require such additional terms makes the conveyance authorized under sub- is amended by striking out ‘‘September 30, 1998’’ and conditions in connection with the convey- section (a), if the Secretary determines that the and inserting in lieu thereof ‘‘September 30, ance under subsection (a), or the lease under conveyed real property is not being used in ac- 2003’’. subsection (b), as the Secretary considers appro- cordance with the purpose of the conveyance SEC. 2872. REPEAL OF PROHIBITION ON JOINT priate to protect the interests of the United specified in such subsection, all right, title, and USE OF GRAY ARMY AIRFIELD, FORT States. HOOD, TEXAS, WITH CIVIL AVIATION. interest in and to the property, including any Section 319 of the National Defense Author- PART III—AIR FORCE CONVEYANCES improvements thereon, shall revert to the United ization Act for Fiscal Year 1987 (Public Law 99– SEC. 2861. MODIFICATION OF LAND CONVEYANCE, States, and the United States shall have the 661; 100 Stat. 3855) is repealed. EGLIN AIR FORCE BASE, FLORIDA. right of immediate entry onto the property. Any Section 809(c) of the Military Construction determination of the Secretary under this sub- SEC. 2873. MODIFICATION OF DEMONSTRATION Authorization Act, 1979 (Public Law 95–356; 92 PROJECT FOR PURCHASE OF FIRE, section shall be made on the record after an op- SECURITY, POLICE, PUBLIC WORKS, Stat. 587), as amended by section 2826 of the portunity for a hearing. Military Construction Authorization Act, 1989 AND UTILITY SERVICES FROM LOCAL (d) ADDITIONAL TERMS AND CONDITIONS.—The GOVERNMENT AGENCIES. (division B of Public Law 100–456; 102 Stat. Secretary may require such additional terms Section 816 of the National Defense Author- 2123), is further amended by striking out ‘‘and and conditions in connection with the convey- ization Act for Fiscal Year 1995 (Public Law a third parcel containing forty-two acres’’ and ance under subsection (a) as the Secretary con- 103–337; 108 Stat. 2820), as amended by section inserting in lieu thereof ‘‘, a third parcel con- siders appropriate to protect the interests of the 352 of the National Defense Authorization Act taining forty-two acres, a fourth parcel contain- United States. for Fiscal Year 1997 (Public Law 104–201; 110 ing approximately 3.43 acres, and a fifth parcel SEC. 2864. LAND CONVEYANCE, AIR FORCE HOUS- Stat. 2491), is further amended— containing approximately 0.56 acres’’. ING FACILITY, LA JUNTA, COLO- (1) in subsection (a), by striking out ‘‘, begin- SEC. 2862. MODIFICATION OF LAND CONVEYANCE, RADO. ning October 1, 1994,’’; FINLEY AIR FORCE STATION, NORTH (a) CONVEYANCE AUTHORIZED.—The Secretary (2) in subsection (b), by striking out ‘‘and DAKOTA. Section 2835 of the Military Construction Au- of the Air Force may convey, without consider- 1998’’ and inserting in lieu thereof ‘‘through thorization Act for Fiscal Year 1995 (division B ation, to the City of La Junta, Colorado (in this 2000’’; and of Public Law 103–337; 108 Stat. 3063) is amend- section referred to as the ‘‘City’’), all right, title, (3) by adding at the end the following new ed— and interest of the United States in and to the subsection: (1) by striking out subsections (a), (b), and (c) unused Air Force housing facility, consisting of ‘‘(c) DURATION OF PROJECT.—The authority to and inserting in lieu thereof the following new approximately 28 acres and improvements there- purchase or receive services under the dem- subsections: on, located within the southern-most boundary onstration project shall expire on September 30, ‘‘(a) CONVEYANCE AUTHORIZED.—The Sec- of the City, for the purpose of permitting the 2000.’’. retary of the Air Force may convey, without City to develop the conveyed property for hous- SEC. 2874. DESIGNATION OF BUILDING CONTAIN- consideration, to the City of Finley, North Da- ing and educational purposes. ING NAVY AND MARINE CORPS RE- kota (in this section referred to as the ‘City’), all (b) DESCRIPTION OF PROPERTY.—The exact SERVE CENTER, AUGUSTA, GEORGIA. right, title, and interest of the United States in acreage and legal description of the property to The building containing the Navy and Marine and to the parcels of real property, including be conveyed under subsection (a) shall be deter- Corps Reserve Center located at 2869 Central improvements thereon, in the vicinity of Finley, mined by a survey satisfactory to the Secretary. Avenue in Augusta, Georgia, shall be known North Dakota, described in subsection (b), for The cost of the survey shall be borne by the and designated as the ‘‘A. James Dyess Build- the purpose of permitting the City to use the City. ing’’. parcels for economic development. (c) REVERSIONARY INTEREST.—During the five- TITLE XXIX—JUNIPER BUTTE RANGE ‘‘(b) COVERED PARCELS.—The parcels of real year period beginning on the date the Secretary WITHDRAWAL property authorized for conveyance under sub- makes the conveyance authorized under sub- Sec. 2901. Short title. section (a) are as follows: section (a), if the Secretary determines that the Sec. 2902. Withdrawal and reservation. ‘‘(1) A parcel of approximately 14 acres that conveyed real property is not being used in ac- Sec. 2903. Map and legal description. served as the support complex of the Finley Air cordance with the purpose of the conveyance Sec. 2904. Agency agreement. Force Station and Radar Site. specified in such subsection, all right, title, and Sec. 2905. Right-of-way grants. ‘‘(2) A parcel of approximately 57 acres known interest in and to the property, including any Sec. 2906. Indian sacred sites. as the Finley Air Force Station Complex. improvements thereon, shall revert to the United Sec. 2907. Actions concerning ranching oper- ‘‘(3) A parcel of approximately 6 acres that in- States, and the United States shall have the ations in withdrawn area. cludes a well site and wastewater treatment sys- right of immediate entry onto the property. Any Sec. 2908. Management of withdrawn and re- tem. determination of the Secretary under this sub- served lands. ‘‘(c) REVERSIONARY INTEREST.—During the Sec. 2909. Integrated natural resource man- five-year period beginning on the date the Sec- section shall be made on the record after an op- portunity for a hearing. agement plan. retary makes the conveyance authorized under Sec. 2910. Memorandum of understanding. (d) ADDITIONAL TERMS AND CONDITIONS.—The subsection (a), if the Secretary determines that Sec. 2911. Maintenance of roads. the conveyed real property is not being used in Secretary may require such additional terms Sec. 2912. Management of withdrawn and ac- accordance with the purpose of the conveyance and conditions in connection with the convey- quired mineral resources. specified in such subsection, all right, title, and ance under subsection (a) as the Secretary con- Sec. 2913. Hunting, fishing, and trapping. interest in and to the property, including any siders appropriate to protect the interests of the Sec. 2914. Water rights. improvements thereon, shall revert to the United United States. Sec. 2915. Duration of withdrawal. States, and the United States shall have the Subtitle E—Other Matters Sec. 2916. Environmental remediation of re- right of immediate entry onto the property. Any SEC. 2871. MODIFICATION OF AUTHORITY RELAT- linquished withdrawn lands or upon ter- determination of the Secretary under this sub- ING TO DEPARTMENT OF DEFENSE mination of withdrawal. section shall be made on the record after an op- LABORATORY REVITALIZATION DEM- Sec. 2917. Delegation of authority. portunity for a hearing.’’; and ONSTRATION PROGRAM. Sec. 2918. Hold harmless. (2) in subsections (d) and (e), by striking out (a) PROGRAM REQUIREMENTS.—Subsection (c) Sec. 2919. Authorization of appropriations. ‘‘subsection (a)(1)’’ and inserting in lieu thereof of section 2892 of the Military Construction Au- SEC. 2901. SHORT TITLE. ‘‘subsection (a)’’. thorization Act for Fiscal Year 1996 (division B This title may be cited as the ‘‘Juniper Butte SEC. 2863. LAND CONVEYANCE, LAKE CHARLES of Public Law 104–106; 110 Stat. 590; 10 U.S.C. Range Withdrawal Act’’. AIR FORCE STATION, LOUISIANA. 2805 note) is amended to read as follows: SEC. 2902. WITHDRAWAL AND RESERVATION. (a) CONVEYANCE AUTHORIZED.—The Secretary ‘‘(c) PROGRAM REQUIREMENTS.—(1) Not later (a) WITHDRAWAL.—Subject to valid existing of the Air Force may convey, without consider- than 30 days before commencing the program, rights and except as otherwise provided in this H8184 CONGRESSIONAL RECORD — HOUSE September 22, 1998

title, the lands at the Juniper Butte Range, (f) REIMBURSEMENT OF COSTS.—The Secretary Interior acknowledges to exist as an Indian tribe Idaho, referred to in subsection (c), are with- of the Air Force shall reimburse the Secretary of pursuant to the Federally Recognized Indian drawn from all forms of appropriation under the the Interior for the costs incurred by the De- Tribe List Act of 1994 (25 U.S.C. 479a–1). public land laws, including the mining laws and partment of the Interior in implementing this (3) The term ‘‘Indian’’ refers to a member of the mineral and geothermal leasing laws but not section. an Indian tribe. the Act of July 31, 1947 (commonly known as the SEC. 2904. AGENCY AGREEMENT. SEC. 2907. ACTIONS CONCERNING RANCHING OP- Materials Act of 1947; 30 U.S.C. 601 et seq.). (a) FINDINGS.—Congress makes the following ERATIONS IN WITHDRAWN AREA. (b) RESERVED USES.—The lands withdrawn findings: (a) AUTHORITY TO CONCLUDE AND IMPLEMENT under subsection (a) are reserved for use by the (1) The Bureau of Land Management and the AGREEMENTS.—The Secretary of the Air Force is Secretary of the Air Force for— Air Force have agreed upon additional mitiga- authorized and directed to, upon such terms (1) a high hazard training area; tion measures associated with this land with- and conditions as the Secretary of the Air Force (2) dropping non-explosive training ordnance drawal as specified in the ‘‘ENHANCED considers just and in the national interest, con- with spotting charges; TRAINING IN IDAHO Memorandum of Under- clude and implement agreements with the graz- (3) electronic warfare and tactical maneuver- standing Between The Bureau of Land Manage- ing permittees to provide appropriate consider- ing and air support; and ment and The United States Air Force’’ dated ation, including future grazing arrangements. (4) other defense-related purposes consistent June 11, 1998. (b) IMPLEMENTATION.—(1) Upon the conclu- with the purposes specified in paragraphs (1), (2) This agreement specifies that these mitiga- sion of these agreements, the Assistant Secretary (2), and (3), including continued natural re- tion measures will be adopted as part of the Air of the Interior for Land and Minerals Manage- source management and environmental remedi- Force’s Record of Decision for Enhanced Train- ment shall grant rights-of-way and approvals ation in accordance with section 2916. ing in Idaho. and take such actions as are necessary to imple- (c) SITE DEVELOPMENT PLANS.—(1) Site devel- (3) Congress endorses this collaborative effort ment promptly this title and the agreements opment plans shall be prepared before construc- between the agencies and directs that the agree- with the grazing permittees. tion. ment be implemented. (2) The Secretary of the Air Force and the (2) Site development plans shall be incor- (b) MODIFICATION.—The parties may, in ac- Secretary of the Interior shall allow the grazing porated in the integrated natural resource man- cordance with the National Environmental Pol- permittees for lands withdrawn and reserved by agement plan developed under section 2909. icy Act of 1969 (42 U.S.C. 4321 et seq.), mutually this title to continue their activities on the lands (3) Except in the case of any minimal improve- agree to modify the mitigation measures speci- in accordance with the permits and their appli- ments, development on the withdrawn lands of fied in the agreement in light of experience cable regulations until the Secretary of the Air any facilities beyond those proposed and ana- gained through the actions called for in the Force has fully implemented the agreement with lyzed in the Environmental Impact Statement agreement or as a result of changed military cir- the grazing permittees under this section. concerning Enhanced Training in Idaho, pre- cumstances. (3) Upon the implementation of these agree- pared by the Secretary of the Air Force, the (c) CONSTRUCTION.—Neither the agreement, ments, the Bureau of Land Management is au- Record of Decision dated March 10, 1998, con- any modification thereof, nor this section cre- thorized and directed, subject to the limitations cerning Enhanced Training in Idaho, prepared ates any right, benefit, or trust responsibility, included in this section, to terminate grazing on by the Secretary of the Air Force, and the site substantive or procedural, enforceable at law or the lands withdrawn. development plans shall be contingent upon re- equity by a party against the United States, its SEC. 2908. MANAGEMENT OF WITHDRAWN AND view and approval of the Idaho State Director agencies, its officers, or any person. RESERVED LANDS. of the Bureau of Land Management. SEC. 2905. RIGHT-OF-WAY GRANTS. (a) IN GENERAL.—Except as provided in sec- (d) GENERAL DESCRIPTION.—(1) The public In addition to the withdrawal under section tion 2916(d), during the withdrawal and res- lands withdrawn and reserved by this section 2902 and in accordance with all applicable laws, ervation of any lands under this title, the Sec- comprise approximately 11,300 acres of public the Secretary of the Interior shall process and retary of the Air Force shall manage such lands land in Owhyee County, Idaho, as generally de- grant the Secretary of the Air Force rights-of- for purposes relating to the uses set forth in sec- picted on the map entitled ‘‘Juniper Butte way using the Department of the Interior regu- tion 2902(b). Range Withdrawal—Proposed’’, dated June lations and policies in effect at the time of filing (b) MANAGEMENT ACCORDING TO PLAN.—The 1998, that will be filed in accordance with sec- applications for the one-quarter acre electronic lands withdrawn and reserved by this title shall tion 2903. warfare threat emitter sites, roads, powerlines, be managed in accordance with the provisions (2) The withdrawal is for an approximately and other ancillary facilities as described and of this title under the integrated natural re- 10,600-acre tactical training range, a 640-acre analyzed in the Enhanced Training in Idaho sources management plan prepared under sec- no-drop target site, four 5-acre no-drop target Final Environmental Impact Statement, dated tion 2909. sites and nine 1-acre electronic threat emitter January 1998. (c) AUTHORITY TO CLOSE LAND.—(1) If the sites. SEC. 2906. INDIAN SACRED SITES. Secretary of the Air Force determines that mili- SEC. 2903. MAP AND LEGAL DESCRIPTION. (a) MANAGEMENT.—(1) In the management of tary operations, public safety, or the interests of (a) IN GENERAL.—As soon as practicable after the Federal lands withdrawn and reserved by national security require the closure to public the date of the enactment of this Act, the Sec- this title, the Air Force shall, to the extent prac- use of any road, trail, or other portion of the retary of the Interior shall— ticable and not clearly inconsistent with essen- lands withdrawn by this title that are commonly (1) publish in the Federal Register a notice tial agency functions— in public use, the Secretary of the Air Force may containing the legal description of the lands (A) accommodate access to and ceremonial use take such action. withdrawn and reserved by this title; and of Indian sacred sites by Indian religious practi- (2) Closures under paragraph (1) shall be lim- (2) file a map or maps and the legal descrip- tioners; and ited to the minimum areas and periods required tion of the lands withdrawn and reserved by (B) avoid adversely affecting the integrity of for the purposes specified in this subsection. this title with the Committee on Energy and such sacred sites. (3) During closures, the Secretary of the Air Natural Resources of the Senate and with the (2) The Secretary of the Air Force shall main- Force shall keep appropriate warning notices Committee on Resources of the House of Rep- tain the confidentiality of such sites where ap- posted and take appropriate steps to notify the resentatives. propriate. public about the closures. (b) INCORPORATION BY REFERENCE.—Such (b) CONSULTATION.—The commander of Moun- (d) LEASE AUTHORITY.—The Secretary of the maps and legal description shall have the same tain Home Air Force Base, Idaho, shall regu- Air Force may enter into leases for State lands force and effect as if included in this title. larly consult with the Tribal Chairman of the with the State of Idaho in support of the Juni- (c) CORRECTION OF ERRORS.—The Secretary of Shoshone-Paiute Tribes of the Duck Valley Res- per Butte Range and operations at the Juniper the Interior may correct clerical and typo- ervation to assure that tribal government rights Butte Range. graphical errors in such map or maps and legal and concerns are fully considered during the de- (e) PREVENTION AND SUPPRESSION OF FIRE.— description. velopment of the Juniper Butte Range. (1) The Secretary of the Air Force shall take ap- (d) AVAILABILITY.—Copies of such map or (c) DEFINITIONS.—In this section: propriate precautions to prevent and suppress maps and the legal description shall be available (1) The term ‘‘sacred site’’ shall mean any spe- brush fires and range fires that occur within the for public inspection in the following offices: cific, discrete, narrowly delineated location on boundaries of the Juniper Butte Range, as well (1) The office of the Idaho State Director of Federal land that is identified by an Indian as brush and range fires occurring outside the the Bureau of Land Management. tribe, or Indian individual determined to be an boundaries of the Range resulting from military (2) The offices of the managers of the Lower appropriately authoritative representative of an activities. Snake River District, Bureau Field Office and Indian religion, as sacred by virtue of its estab- (2) Notwithstanding section 2465 of title 10, Jarbidge Field Office of the Bureau of Land lished religious significance to, or ceremonial United States Code, the Secretary of the Air Management. use by, an Indian religion but only to the extent Force may obligate funds appropriated or other- (3) The Office of the commander of Mountain that the tribe or appropriately authoritative wise available to the Secretary to enter into con- Home Air Force Base, Idaho. representative of an Indian religion has in- tracts for fire-fighting. (e) UTILIZATION OF AIR FORCE DESCRIPTIONS formed the Air Force of the existence of such a (3)(A) The memorandum of understanding AND MAPS.—To the extent practicable, the Sec- site. under section 2910 shall provide for the Bureau retary of the Interior shall adopt the legal de- (2) The term ‘‘Indian tribe’’ means an Indian of Land Management to assist the Secretary of scription and maps prepared by the Secretary of or Alaska Native tribe, band, nation, pueblo, the Air Force in the suppression of the fires de- the Air Force in support of this title. village, or community that the Secretary of the scribed in paragraph (1). September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8185 (B) The memorandum of understanding shall SEC. 2910. MEMORANDUM OF UNDERSTANDING. of intent to relinquish jurisdiction under para- provide that the Secretary of the Air Force reim- (a) REQUIREMENT.—The Secretary of the Air graph (1) if the Secretary of the Interior deter- burse the Bureau of Land Management for any Force, the Secretary of the Interior, and the mines that the Secretary of the Air Force has costs incurred by the Bureau of Land Manage- Governor of the State of Idaho shall jointly completed the environmental review required ment under this paragraph. enter into a memorandum of understanding to under section 2916(a) and the conditions under (f) USE OF MINERAL MATERIALS.—Notwith- implement the integrated natural resources section 2916(c) have been met. standing any other provision of this title or the management plan required under section 2909. (3) If the Secretary of the Interior decides to Act of July 31, 1947 (commonly known as the (b) TERM.—The memorandum of understand- accept jurisdiction over lands under paragraph Materials Act of 1947; 30 U.S.C. 601 et seq.), the ing under subsection (a) shall apply to any (2) before the date of termination, as provided Secretary of the Air Force may use, from the lands withdrawn and reserved by this title until for in subsection (a)(1), the Secretary of the In- lands withdrawn and reserved by this title, their relinquishment by the Secretary of the Air terior shall publish in the Federal Register an sand, gravel, or similar mineral material re- Force under this title. appropriate order which shall— sources of the type subject to disposition under (c) MODIFICATION.—The memorandum of un- (A) revoke the withdrawal and reservation of the Act of July 31, 1947, when the use of such derstanding under subsection (a) may be modi- such lands under this title; resources is required for construction needs of fied by agreement of all the parties specified in (B) constitute official acceptance of adminis- the Juniper Butte Range. that subsection. trative jurisdiction over the lands by the Sec- SEC. 2911. MAINTENANCE OF ROADS. retary of the Interior; and SEC. 2909. INTEGRATED NATURAL RESOURCE (C) state the date upon which such lands MANAGEMENT PLAN. The Secretary of the Air Force shall enter into shall be opened to the operation of the general (a) REQUIREMENT.—(1)(A) Not later than 2 agreements with the Owyhee County Highway land laws, including the mining laws and the years after the date of the enactment of this District, Idaho, and the Three Creek Good mineral and geothermal leasing laws, if appro- Act, the Secretary of the Air Force shall, in co- Roads Highway District, Idaho, under which the Secretary of the Air Force shall pay the priate. operation with the Secretary of the Interior, the (4) The Secretary of the Interior shall manage costs of road maintenance incurred by such dis- State of Idaho, and Owyhee County, Idaho, de- any lands relinquished under this subsection as tricts that are attributable to operations of the velop an integrated natural resources manage- multiple use status lands. ment plan to address the management of the re- Department of the Air Force associated with the (5) If the Secretary of the Interior declines sources of the lands withdrawn and reserved by Juniper Butte Range. pursuant to subsection (b)(2) to accept jurisdic- this title during their withdrawal and reserva- SEC. 2912. MANAGEMENT OF WITHDRAWN AND tion of any parcel of land proposed for relin- tion under this title. ACQUIRED MINERAL RESOURCES. quishment, that parcel shall remain under the (B) Additionally, the integrated natural re- Except as provided in subsection 2908(f), the continued administration of the Secretary of the source management plan shall address mitiga- Secretary of the Interior shall manage all with- Air Force pursuant to section 2916(d). tion and monitoring activities by the Air Force drawn and acquired mineral resources within (c) EXTENSION.—(1) In the case of any lands for State and Federal lands affected by military the boundaries of the Juniper Butte Range in withdrawn and reserved by this title that the training activities associated with the Juniper accordance with the Act of February 28, 1958 Air Force proposes to include in a notice of ex- Butte Range. (commonly known as the Engle Act; 43 U.S.C. tension because of continued military need (C) The foregoing will be done cooperatively 155 et seq.). under paragraph (2), the Secretary of the Air between the Air Force, the Bureau of Land SEC. 2913. HUNTING, FISHING, AND TRAPPING. Force shall, before issuing the notice under Management, the State of Idaho, and Owyhee All hunting, fishing, and trapping on the paragraph (2)— County, Idaho. lands withdrawn and reserved by this title shall (A) evaluate the environmental effects of the (2) Except as otherwise provided under this be conducted in accordance with section 2671 of extension of the withdrawal and reservation of title, the integrated natural resources manage- title 10, United States Code. such lands in accordance with all applicable ment plan under this section shall be developed SEC. 2914. WATER RIGHTS. laws and regulations; and in accordance with, and meet the requirements (a) LIMITATION.—The Secretary of the Air (B) hold at least one public meeting in the of, section 101 of the Sikes Act (16 U.S.C. 670a). Force shall not seek or obtain any water rights State of Idaho regarding that evaluation. (3)(A) Site development plans shall be pre- associated with any water pipeline modified or (2)(A) Not later than 2 years before the termi- pared before construction of facilities. extended, or aboveground water reservoir con- nation of the withdrawal and reservation of (B) Such plans shall be reviewed by the Bu- structed, for purposes of consideration under lands by this title under subsection (a), the Sec- reau of Land Management, for Federal lands, section 2907. retary of the Air Force shall notify Congress and the State of Idaho, for State lands, for con- (b) NEW RIGHTS.—(1) Nothing in this title and the Secretary of the Interior as to whether sistency with the proposal assessed in the En- shall be construed to establish a reservation in or not the Air Force has a continuing military hanced Training in Idaho Environmental Im- favor of the United States with respect to any need for any of the lands withdrawn and re- pact Statement. water or water right on the lands withdrawn served by this title, and not previously relin- (C) The portion of such development plans de- and reserved by this title. quished under this section, after the termination scribing reconfigurable or replacement targets (2) Nothing in this title shall be construed to date as specified in subsection (a). may be conceptual. authorize the appropriation of water on the (B)(i) The Secretary of the Air force shall (b) ELEMENTS.—The integrated natural re- lands withdrawn and reserved by this title by specify in the notice under subparagraph (A) sources management plan under subsection (a) the United States after the date of the enact- the duration of any extension or further exten- shall— ment of this Act unless such appropriation is sion of withdrawal and reservation of such (1) include provisions for the proper manage- carried out in accordance with the laws of the lands under this title. ment and protection of the natural, cultural, State of Idaho. (ii) The duration of each extension or further extension under clause (i) shall not exceed 25 and other resources and values of the lands (c) APPLICABILITY.—This section may not be withdrawn and reserved by this title and for the construed to affect any water rights acquired by years. (C) The notice under subparagraph (A) shall use of such resources in a manner consistent the United States before the date of the enact- be published in the Federal Register and a with the uses set forth in section 2902(b); ment of this Act. newspaper of local distribution with the oppor- (2) permit livestock grazing at the discretion of SEC. 2915. DURATION OF WITHDRAWAL. tunity for comments, within a 60-day period, the Secretary of the Air Force in accordance (a) TERMINATION—(1) Except as otherwise pro- which shall be provided to the Secretary of the with section 2907 or any other authorities relat- vided in this section and section 2916, the with- Air Force and the Secretary of the Interior. ing to livestock grazing that are available to drawal and reservation made by this title shall (3)(A) Subject to subparagraph (B), in the that Secretary; terminate 25 years after the date of the enact- case of any lands withdrawn and reserved by (3) permit fencing, water pipeline modifica- ment of this Act. this title that are covered by a notice of exten- tions and extensions, and the construction of (2) At the time of termination, the previously sion under subsection (c)(2), the withdrawal aboveground water reservoirs, and the mainte- withdrawn lands shall not be open to the gen- and reservation of such lands shall extend nance and repair of these items on the lands eral land laws, including the mining laws and under the provisions of this title after the termi- withdrawn and reserved by this title, and on the mineral and geothermal leasing laws, until nation date otherwise provided for under sub- other lands under the jurisdiction of the Bureau the Secretary of the Interior publishes in the section (a) for such period as is specified in the of Land Management; and Federal Register an appropriate order which notice under subsection (c)(2). (4) otherwise provide for the management by shall state the date upon which such lands shall (B) Subparagraph (A) shall not apply with re- the Secretary of the Air Force of any lands be opened. spect to any lands covered by a notice referred withdrawn and reserved by this title while re- (b) RELINQUISHMENT.—(1) If the Secretary of to in that paragraph until 90 legislative days tained under the jurisdiction of that Secretary the Air Force determines under subsection (c) after the date on which the notice with respect under this title. that the Air Force has no continuing military to such lands is submitted to Congress under (c) PERIODIC REVIEW.—The Secretary of the need for any lands withdrawn and reserved by paragraph (2). Air Force shall, in cooperation with the Sec- this title, the Secretary of the Air Force shall SEC. 2916. ENVIRONMENTAL REMEDIATION OF retary of the Interior and the State of Idaho, re- submit to the Secretary of the Interior a notice RELINQUISHED WITHDRAWN LANDS view the adequacy of the provisions of the inte- of intent to relinquish jurisdiction over such OR UPON TERMINATION OF WITH- grated natural resources management plan de- lands to the Secretary of the Interior. DRAWAL. veloped under this section at least once every 5 (2) The Secretary of the Interior may accept (a) ENVIRONMENTAL REVIEW.—(1) Before sub- years after the effective date of the plan. jurisdiction over any lands covered by a notice mitting under section 2915 a notice of an intent H8186 CONGRESSIONAL RECORD — HOUSE September 22, 1998 to relinquish jurisdiction over lands withdrawn cisions of the Secretary of the Interior, or the Subtitle D—Other Matters and reserved by this title, and in all cases not Assistant Secretary for Land and Minerals Sec. 3151. Study and plan relating to worker later than 2 years before the date of termination Management. and community transition assist- of withdrawal and reservation, the Secretary of SEC. 2918. HOLD HARMLESS. ance. the Air Force shall, in consultation with the Any party conducting any mining, mineral, or Sec. 3152. Extension of authority for appoint- Secretary of the Interior, complete a review that geothermal leasing activity on lands withdrawn ment of certain scientific, engi- fully characterizes the environmental conditions and reserved by this title shall indemnify the neering, and technical personnel. of such lands (including any water and air as- United States against any costs, fees, damages, Sec. 3153. Requirement for plan to modify em- sociated with such lands) in order to identify or other liabilities (including costs of litigation) ployment system used by Depart- any contamination on such lands. incurred by the United States and arising from ment of Energy in defense envi- (2) The Secretary of the Air Force shall submit or relating to such mining activities, including ronmental management programs. to the Secretary of the Interior a copy of the re- costs of mineral materials disposal, whether Sec. 3154. Department of Energy nuclear mate- view prepared with respect to any lands under arising under the Comprehensive Environmental rials couriers. paragraph (1). The Secretary of the Air Force Response, Compensation, and Liability Act of Sec. 3155. Increase in maximum rate of pay for shall also submit at the same time any notice of 1980 (42 U.S.C. 9601 et seq.), the Solid Waste Dis- scientific, engineering, and tech- intent to relinquish jurisdiction over such lands posal Act (42 U.S.C. 6901 et seq.), or otherwise. nical personnel responsible for under section 2915. SEC. 2919. AUTHORIZATION OF APPROPRIATIONS. safety at defense nuclear facili- (3) The Secretary of the Air Force shall submit There are authorized to be appropriated such ties. a copy of any such review to Congress. sums as may be necessary to carry out this title. Sec. 3156. Extension of authority of Department (b) ENVIRONMENTAL REMEDIATION OF of Energy to pay voluntary sepa- DIVISION C—DEPARTMENT OF ENERGY LANDS.—The Secretary of the Air Force shall, in ration incentive payments. NATIONAL SECURITY AUTHORIZATIONS accordance with applicable State and Federal Sec. 3157. Repeal of fiscal year 1998 statement AND OTHER AUTHORIZATIONS law, carry out and complete environmental re- of policy on stockpile stewardship mediation— TITLE XXXI—DEPARTMENT OF ENERGY program. (1) before relinquishing jurisdiction to the Sec- NATIONAL SECURITY PROGRAMS Sec. 3158. Report on stockpile stewardship cri- retary of the Interior over any lands identified Subtitle A—National Security Programs teria. in a notice of intent to relinquish under section Authorizations Sec. 3159. Panel to assess the reliability, safety, 2915(b); or Sec. 3101. Weapons activities. and security of the United States (2) before the date of termination of the with- Sec. 3102. Defense environmental restoration nuclear stockpile. drawal and reservation, except as provided and waste management. Sec. 3160. International cooperative information under subsection (d). Sec. 3103. Other defense activities. exchange. Sec. 3161. Protection against inadvertent re- (c) POSTPONEMENT OF RELINQUISHMENT.—The Sec. 3104. Defense nuclear waste disposal. Secretary of the Interior shall not accept juris- Sec. 3105. Defense environmental management lease of Restricted Data and For- diction over any lands that are the subject of privatization. merly Restricted Data. Sec. 3162. Sense of Congress regarding treat- activities under subsection (b) until the Sec- Subtitle B—Recurring General Provisions ment of Formerly Utilized Sites retary of the Interior determines that environ- Sec. 3121. Reprogramming. Remedial Action Program under a mental conditions on the lands are such that— Sec. 3122. Limits on general plant projects. nondefense discretionary budget (1) all necessary environmental remediation Sec. 3123. Limits on construction projects. function. has been completed by the Secretary of the Air Sec. 3124. Fund transfer authority. Sec. 3163. Reports relating to tritium produc- Force; Sec. 3125. Authority for conceptual and con- tion. (2) the lands are safe for nonmilitary uses; struction design. and Sec. 3126. Authority for emergency planning, Subtitle A—National Security Programs (3) the lands could be opened consistent with design, and construction activi- Authorizations the Secretary of the Interior’s public land man- ties. SEC. 3101. WEAPONS ACTIVITIES. agement responsibilities. Sec. 3127. Funds available for all national secu- (a) IN GENERAL.—Funds are hereby author- (d) JURISDICTION WHEN WITHDRAWAL TERMI- rity programs of the Department ized to be appropriated to the Department of NATES.—If the determination required by section of Energy. Energy for fiscal year 1999 for weapons activi- (c) cannot be achieved for any parcel of land Sec. 3128. Availability of funds. ties in carrying out programs necessary for na- subject to the withdrawal and reservation before Sec. 3129. Transfers of defense environmental tional security in the amount of $4,511,600,000, the termination date of the withdrawal and res- management funds. to be allocated as follows: ervation, the Secretary of the Air Force shall re- Subtitle C—Program Authorizations, (1) STOCKPILE STEWARDSHIP.—Funds are here- tain administrative jurisdiction over such par- Restrictions, and Limitations by authorized to be appropriated to the Depart- cels of land notwithstanding the termination Sec. 3131. Permanent extension of funding pro- ment of Energy for fiscal year 1999 for stockpile date for the limited purposes of— hibition relating to international stewardship in carrying out weapons activities (1) environmental remediation activities under cooperative stockpile stewardship. necessary for national security programs in the subsection (b); and Sec. 3132. Support of ballistic missile defense amount of $2,148,375,000, to be allocated as fol- (2) any activities relating to the management activities of the Department of lows: of such lands after the termination of the with- Defense. (A) For core stockpile stewardship, drawal reservation for military purposes that Sec. 3133. Nonproliferation activities. $1,591,375,000, to be allocated as follows: are provided for in the integrated natural re- Sec. 3134. Licensing of certain mixed oxide fuel (i) For operation and maintenance, sources management plan under section 2909. fabrication and irradiation facili- $1,475,832,000. (ii) For plant projects (including maintenance, (e) EFFECT ON OTHER LAWS.—Nothing in this ties. title shall affect, or be construed to affect, the Sec. 3135. Continuation of processing, treat- restoration, planning, construction, acquisition, obligations, if any, of the Secretary of the Air ment, and disposition of legacy modification of facilities, and the continuation Force to decontaminate lands withdrawn by this nuclear materials. of projects authorized in prior years, and land title pursuant to applicable law, including the Sec. 3136. Authority for Department of Energy acquisition related thereto), $115,543,000, to be Comprehensive Environmental Response, Com- federally funded research and de- allocated as follows: pensation, and Liability Act of 1980 (42 U.S.C. velopment centers to participate Project 99–D–102, rehabilitation of mainte- 9601 et seq.) and the Solid Waste Disposal Act in merit-based technology re- nance facility, Lawrence Livermore National (42 U.S.C. 6901 et seq.). search and development pro- Laboratory, Livermore, California, $6,500,000. grams. Project 99–D–103, isotope sciences facilities, SEC. 2917. DELEGATION OF AUTHORITY. Sec. 3137. Activities of Department of Energy Lawrence Livermore National Laboratory, (a) DEPARTMENT OF THE AIR FORCE FUNC- facilities. Livermore, California, $4,000,000. TIONS.—Except for executing the agreement re- Sec. 3138. Hanford overhead and service center Project 99–D–104, protection of real property ferred to in section 2907, the Secretary of the Air costs. (roof reconstruction, Phase II), Lawrence Liver- Force may delegate that Secretary’s functions Sec. 3139. Hanford waste tank cleanup program more National Laboratory, Livermore, Califor- under this title. reforms. nia, $7,300,000. (b) DEPARTMENT OF THE INTERIOR FUNC- Sec. 3140. Hanford Health Information Net- Project 99–D–105, central health physics cali- TIONS.—(1) Except as provided in paragraph (2), work. bration facility, Los Alamos National Labora- the Secretary of the Interior may delegate that Sec. 3141. Hazardous materials management tory, Los Alamos, New Mexico, $3,900,000. Secretary’s functions under this title. and emergency response training Project 99–D–106, model validation and system (2) The order referred to in section 2915(b)(3) program. certification test center, Sandia National Lab- may be approved and signed only by the Sec- Sec. 3142. Support for public education in the oratories, Albuquerque, New Mexico, $1,600,000. retary of the Interior, the Deputy Secretary of vicinity of Los Alamos National Project 99–D–107, joint computational engi- the Interior, or an Assistant Secretary of the In- Laboratory, New Mexico. neering laboratory, Sandia National Labora- terior. Sec. 3143. Relocation of National Atomic Mu- tories, Albuquerque, New Mexico, $1,800,000. (3) The approvals granted by the Bureau of seum, Albuquerque, New Mexico. Project 99–D–108, renovate existing roadways, Land Management shall be pursuant to the de- Sec. 3144. Tritium production. Nevada Test Site, Nevada, $2,000,000. September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8187 Project 97–D–102, dual-axis radiographic of Energy for fiscal year 1999 for program direc- Project 86–D–103, decontamination and waste hydrotest facility, Los Alamos National Labora- tion in carrying out weapons activities nec- treatment facility, Lawrence Livermore National tory, Los Alamos, New Mexico, $36,000,000. essary for national security programs in the Laboratory, Livermore, California, $4,752,000. Project 96–D–102, stockpile stewardship facili- amount of $250,000,000. (3) POST-2006 COMPLETION.—For post-2006 ties revitalization, Phase VI, various locations, (b) ADJUSTMENTS.— project completion in carrying out environ- $20,423,000. (1) CONSTRUCTION.—The total amount author- mental restoration and waste management ac- Project 96–D–103, ATLAS, Los Alamos Na- ized to be appropriated pursuant to paragraphs tivities necessary for national security programs tional Laboratory, Los Alamos, New Mexico, (1)(A)(ii), (1)(B)(ii), and (2)(B) of subsection (a) in the amount of $2,744,451,000, to be allocated $6,400,000. is the sum of the amounts authorized to be ap- as follows: Project 96–D–104, processing and environ- propriated in those paragraphs, reduced by (A) For operation and maintenance, mental technology laboratory, Sandia National $13,600,000. $2,663,195,000. Laboratories, Albuquerque, New Mexico, (2) NON-CONSTRUCTION.—The total amount (B) For plant projects (including mainte- $18,920,000. authorized to be appropriated pursuant to para- nance, restoration, planning, construction, ac- Project 96–D–105, contained firing facility ad- graphs (1)(A)(i), (1)(B)(i), (1)(C), (2)(A), and (3) quisition, modification of facilities, and the con- of subsection (a) is the sum of the amounts au- dition, Lawrence Livermore National Labora- tinuation of projects authorized in prior years, thorized to be appropriated in those paragraphs, tory, Livermore, California, $6,700,000. and land acquisition related thereto), reduced by $178,900,000, to be derived from use (B) For inertial fusion, $498,000,000, to be allo- $81,256,000, to be allocated as follows: of prior year balances. cated as follows: Project 99–D–403, privatization phase I infra- (i) For operation and maintenance, SEC. 3102. DEFENSE ENVIRONMENTAL RESTORA- structure support, Richland, Washington, TION AND WASTE MANAGEMENT. $213,800,000. $14,800,000. (ii) For the following plant project (including (a) IN GENERAL.—Funds are hereby author- Project 97–D–402, tank farm restoration and maintenance, restoration, planning, construc- ized to be appropriated to the Department of safe operations, Richland, Washington, tion, acquisition, and modification of facilities, Energy for fiscal year 1999 for environmental $22,723,000. and land acquisition related thereto), restoration and waste management in carrying Project 96–D–408, waste management up- $284,200,000, to be allocated as follows: out programs necessary for national security in grades, Richland, Washington, $171,000. Project 96–D–111, national ignition facility, the amount of $5,446,143,000, to be allocated as Project 94–D–407, initial tank retrieval sys- Lawrence Livermore National Laboratory, follows: tems, Richland, Washington, $32,860,000. Livermore, California, $284,200,000. (1) CLOSURE PROJECTS.—For closure projects (C) For technology partnership and edu- carried out in accordance with section 3143 of Project 93–D–187, high-level waste removal cation, $59,000,000, to be allocated as follows: the National Defense Authorization Act for Fis- from filled waste tanks, Savannah River Site, (i) For technology partnership, $50,000,000. cal Year 1997 (Public Law 104–201; 110 Stat. Aiken, South Carolina, $10,702,000. (ii) For education, $9,000,000. 2836; 42 U.S.C. 7274n) in the amount of (4) SCIENCE AND TECHNOLOGY.—For science (2) STOCKPILE MANAGEMENT.—Funds are here- $1,038,240,000. and technology in carrying out environmental by authorized to be appropriated to the Depart- (2) SITE PROJECT AND COMPLETION.—For site restoration and waste management activities ment of Energy for fiscal year 1999 for stockpile project and completion in carrying out environ- necessary for national security programs in the management in carrying out weapons activities mental restoration and waste management ac- amount of $250,000,000. necessary for national security programs in the tivities necessary for national security programs (5) PROGRAM DIRECTION.—For program direc- amount of $2,113,225,000, to be allocated as fol- in the amount of $1,067,253,000, to be allocated tion in carrying out environmental restoration lows: as follows: and waste management activities necessary for (A) For operation and maintenance, (A) For operation and maintenance, national security programs in the amount of $2,014,303,000. $868,090,000. $346,199,000. (B) For plant projects (including mainte- (B) For plant projects (including mainte- (b) ADJUSTMENT.—The total amount author- nance, restoration, planning, construction, ac- nance, restoration, planning, construction, ac- ized to be appropriated pursuant to paragraphs quisition, modification of facilities, and the con- quisition, modification of facilities, and the con- (1), (2)(A), (3)(A), (4), and (5) of subsection (a) tinuation of projects authorized in prior years, tinuation of projects authorized in prior years, is the sum of the amounts authorized to be ap- and land acquisition related thereto), and land acquisition related thereto), propriated in those paragraphs, reduced by $98,922,000, to be allocated as follows: $199,163,000, to be allocated as follows: $94,100,000, to be derived from use of prior year Project 99–D–122, rapid reactivation, various Project 99–D–402, tank farm support services, balances. F&H areas, Savannah River Site, Aiken, South locations, $11,200,000. SEC. 3103. OTHER DEFENSE ACTIVITIES. Project 99–D–123, replace mechanical utility Carolina, $2,745,000. Project 99–D–404, health physics instrumenta- (a) IN GENERAL.—Funds are hereby author- systems, Y–12 Plant, Oak Ridge, Tennessee, tion laboratory, Idaho National Engineering ized to be appropriated to the Department of $1,900,000. Energy for fiscal year 1999 for other defense ac- Project 99–D–125, replace boilers and controls, Laboratory, Idaho, $950,000. Project 98–D–401, H-tank farm storm water tivities in carrying out programs necessary for Kansas City Plant, Kansas City, Missouri, systems upgrade, Savannah River Site, Aiken, national security in the amount of $1,000,000. South Carolina, $3,120,000. $1,716,160,000, to be allocated as follows: Project 99–D–127, stockpile management re- Project 98–D–453, plutonium stabilization and (1) NONPROLIFERATION AND NATIONAL SECU- structuring initiative, Kansas City Plant, Kan- handling system for plutonium finishing plant, RITY.—For nonproliferation and national secu- sas City, Missouri, $13,700,000. Richland, Washington, $26,814,000. rity, $699,300,000, to be allocated as follows: Project 99–D–128, stockpile management re- Project 98–D–700, road rehabilitation, Idaho (A) For verification and control technology, structuring initiative, Pantex Plant consolida- National Engineering Laboratory, Idaho, $503,500,000, to be allocated as follows: tion, Amarillo, Texas, $1,108,000. $7,710,000. (i) For nonproliferation and verification re- Project 99–D–132, stockpile management re- Project 97–D–450, Actinide packaging and search and development, $210,000,000. structuring initiative, nuclear material safe- storage facility, Savannah River Site, Aiken, (ii) For arms control, $256,900,000. guards and security upgrades project, Los Ala- South Carolina, $79,184,000. (iii) For intelligence, $36,600,000. mos National Laboratory, Los Alamos, New Project 97–D–470, environmental monitoring (B) For nuclear safeguards and security, Mexico, $9,700,000. laboratory, Savannah River Site, Aiken, South $53,200,000. Project 98–D–123, stockpile management re- Carolina, $7,000,000. (C) For security investigations, $30,000,000. structuring initiative, tritium facility mod- Project 96–D–406, spent nuclear fuels canister (D) For emergency management, $23,700,000. ernization and consolidation, Savannah River storage and stabilization facility, Richland, (E) For program direction, $88,900,000. Site, Aiken, South Carolina, $27,500,000. Washington, $38,680,000. Project 98–D–124, stockpile management re- Project 96–D–408, waste management up- (2) WORKER AND COMMUNITY TRANSITION AS- structuring initiative, Y–12 Plant consolidation, grades, Kansas City Plant, Kansas City, Mis- SISTANCE.—For worker and community transi- Oak Ridge, Tennessee, $10,700,000. souri, and Savannah River Site, Aiken, South tion assistance, $40,000,000, to be allocated as Project 97–D–122, nuclear materials storage fa- Carolina, $4,512,000. follows: cility renovation, Los Alamos National Labora- Project 96–D–464, electrical and utility systems (A) For worker and community transition, tory, Los Alamos, New Mexico, $3,764,000. upgrade, Idaho Chemical Processing Plant, $36,000,000. Project 97–D–123, structural upgrades, Kansas Idaho National Engineering Laboratory, Idaho, (B) For program direction, $4,000,000. City Plant, Kansas City, Missouri, $6,400,000. $11,544,000. (3) FISSILE MATERIALS CONTROL AND DISPOSI- Project 96–D–122, sewage treatment quality Project 96–D–471, chlorofluorocarbon heating, TION.—For fissile materials control and disposi- upgrade, Pantex Plant, Amarillo, Texas, ventilation, and air conditioning and chiller ret- tion, $168,960,000, to be allocated as follows: $3,700,000. rofit, Savannah River Site, Aiken, South Caro- (A) For operation and maintenance, Project 95–D–102, chemistry and metallurgy lina, $8,000,000. $111,372,000. research building upgrades, Los Alamos Na- Project 95–D–456, security facilities consolida- (B) For program direction, $4,588,000. tional Laboratory, Los Alamos, New Mexico, tion, Idaho Chemical Processing Plant, Idaho (C) For plant projects (including mainte- $5,000,000. National Engineering Laboratory, Idaho, nance, restoration, planning, construction, ac- Project 93–D–122, life safety upgrades, Y–12 $485,000. quisition, modification of facilities, and the con- Plant, Oak Ridge, Tennessee, $3,250,000. Project 92–D–140, F&H canyon exhaust up- tinuation of projects authorized in prior years, (3) PROGRAM DIRECTION.—Funds are hereby grades, Savannah River Site, Aiken, South and land acquisition related thereto), authorized to be appropriated to the Department Carolina, $3,667,000. $53,000,000, to be allocated as follows: H8188 CONGRESSIONAL RECORD — HOUSE September 22, 1998 Project 99–D–141, pit disassembly and conver- (1) in amounts that exceed, in a fiscal year— to be appropriated to the Department of Energy sion facility, various locations, $25,000,000. (A) 110 percent of the amount authorized for pursuant to this title between any such author- Project 99–D–143, mixed oxide fuel fabrication that program by this title; or izations. Amounts of authorizations so trans- facility, various locations, $28,000,000. (B) $1,000,000 more than the amount author- ferred may be merged with and be available for (4) ENVIRONMENT, SAFETY, AND HEALTH.—For ized for that program by this title; or the same purposes and for the same period as environment, safety, and health, defense, (2) which has not been presented to, or re- the authorization to which the amounts are $89,000,000, to be allocated as follows: quested of, Congress. transferred. (A) For the Office of Environment, Safety, (b) REPORT.—(1) The report referred to in sub- (2) Not more than five percent of any such au- and Health (Defense), $84,231,000. section (a) is a report containing a full and com- thorization may be transferred between author- (B) For program direction, $4,769,000. plete statement of the action proposed to be izations under paragraph (1). No such author- (5) OFFICE OF HEARINGS AND APPEALS.—For taken and the facts and circumstances relied ization may be increased or decreased by more the Office of Hearings and Appeals, $2,400,000. upon in support of such proposed action. than five percent by a transfer under such para- (6) INTERNATIONAL NUCLEAR SAFETY.—For (2) In the computation of the 30-day period graph. international nuclear safety, $35,000,000. under subsection (a), there shall be excluded (c) LIMITATION.—The authority provided by (7) NAVAL REACTORS.—For naval reactors, any day on which either House of Congress is this section to transfer authorizations— $681,500,000, to be allocated as follows: not in session because of an adjournment of (1) may only be used to provide funds for (A) For naval reactors development, more than 3 days to a day certain. items relating to activities necessary for na- $661,400,000, to be allocated as follows: (c) LIMITATIONS.—(1) In no event may the tional security programs that have a higher pri- (i) For operation and maintenance, total amount of funds obligated pursuant to this ority than the items from which the funds are $639,600,000. title exceed the total amount authorized to be transferred; and (ii) For plant projects (including maintenance, appropriated by this title. (2) may not be used to provide funds for an restoration, planning, construction, acquisition, (2) Funds appropriated pursuant to this title item for which Congress has specifically denied modification of facilities, and the continuation may not be used for an item for which Congress funds. of projects authorized in prior years, and land has specifically denied funds. (d) NOTICE TO CONGRESS.—The Secretary of acquisition related thereto), $21,800,000, to be al- SEC. 3122. LIMITS ON GENERAL PLANT Energy shall promptly notify the Committee on located as follows: PROJECTS. Armed Services of the Senate and the Committee GPN–101 general plant projects, various loca- (a) IN GENERAL.—The Secretary of Energy on National Security of the House of Represent- tions, $9,000,000. may carry out any construction project under atives of any transfer of funds to or from au- Project 98–D–200, site laboratory/facility up- the general plant projects authorized by this thorizations under this title. grade, various locations, $7,000,000. title if the total estimated cost of the construc- SEC. 3125. AUTHORITY FOR CONCEPTUAL AND Project 90–N–102, expended core facility dry tion project does not exceed $5,000,000. CONSTRUCTION DESIGN. cell project, Naval Reactors Facility, Idaho, (b) REPORT TO CONGRESS.—If, at any time (a) REQUIREMENT FOR CONCEPTUAL DESIGN.— $5,800,000. during the construction of any general plant (1) Subject to paragraph (2) and except as pro- (B) For program direction, $20,100,000. project authorized by this title, the estimated vided in paragraph (3), before submitting to (b) ADJUSTMENT.—(1) The total amount au- cost of the project is revised because of unfore- Congress a request for funds for a construction thorized to be appropriated pursuant to this sec- seen cost variations and the revised cost of the project that is in support of a national security tion is the sum of the amounts authorized to be project exceeds $5,000,000, the Secretary shall program of the Department of Energy, the Sec- appropriated in paragraphs (1) through (7) of immediately furnish a complete report to the retary of Energy shall complete a conceptual de- subsection (a) reduced by $2,000,000. congressional defense committees explaining the sign for that project. (2) The amount authorized to be appropriated reasons for the cost variation. (2) If the estimated cost of completing a con- pursuant to subsection(a)(1)(C) is reduced by SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS. ceptual design for a construction project exceeds $20,000,000 to reflect an offset provided by user $3,000,000, the Secretary shall submit to Con- (a) IN GENERAL.—(1) Except as provided in organizations for security investigations. paragraph (2), construction on a construction gress a request for funds for the conceptual de- SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. project may not be started or additional obliga- sign before submitting a request for funds for Funds are hereby authorized to be appro- tions incurred in connection with the project the construction project. (3) The requirement in paragraph (1) does not priated to the Department of Energy for fiscal above the total estimated cost, whenever the apply to a request for funds— year 1999 for payment to the Nuclear Waste current estimated cost of the construction (A) for a construction project the total esti- Fund established in section 302(c) of the Nuclear project, which is authorized by section 3101, mated cost of which is less than $5,000,000; or Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in 3102, or 3103, or which is in support of national the amount of $190,000,000. (B) for emergency planning, design, and con- security programs of the Department of Energy struction activities under section 3126. SEC. 3105. DEFENSE ENVIRONMENTAL MANAGE- and was authorized by any previous Act, ex- (b) AUTHORITY FOR CONSTRUCTION DESIGN.— MENT PRIVATIZATION. ceeds by more than 25 percent the higher of— (a) IN GENERAL.—Funds are hereby author- (1) Within the amounts authorized by this title, (A) the amount authorized for the project; or the Secretary of Energy may carry out construc- ized to be appropriated to the Department of (B) the amount of the total estimated cost for Energy for fiscal year 1999 for privatization ini- tion design (including architectural and engi- the project as shown in the most recent budget neering services) in connection with any pro- tiatives in carrying out environmental restora- justification data submitted to Congress. tion and waste management activities necessary posed construction project if the total estimated (2) An action described in paragraph (1) may cost for such design does not exceed $600,000. for national security programs in the amount of be taken if— $286,857,000, to be allocated as follows: (2) If the total estimated cost for construction (A) the Secretary of Energy has submitted to design in connection with any construction Project 99–PVT–1, remote handled transuranic the congressional defense committees a report on waste transportation, Carlsbad, New Mexico, project exceeds $600,000, funds for such design the actions and the circumstances making such must be specifically authorized by law. $19,605,000. action necessary; and SEC. 3126. AUTHORITY FOR EMERGENCY PLAN- Project 98–PVT–2, spent nuclear fuel dry stor- (B) a period of 30 days has elapsed after the age, Idaho Falls, Idaho, $30,000,000. NING, DESIGN, AND CONSTRUCTION date on which the report is received by the com- ACTIVITIES. Project 98–PVT–5, waste disposal, Oak Ridge, mittees. Tennessee, $50,000,000. (a) AUTHORITY.—The Secretary of Energy (3) In the computation of the 30-day period may use any funds available to the Department Project 97–PVT–1, tank waste remediation sys- under paragraph (2), there shall be excluded tem phase I, Hanford, Washington, $100,000,000. of Energy pursuant to an authorization in this any day on which either House of Congress is title, including those funds authorized to be ap- Project 97–PVT–2, advanced mixed waste not in session because of an adjournment of treatment facility, Idaho Falls, Idaho, propriated for advance planning and construc- more than 3 days to a day certain. tion design under sections 3101, 3102, and 3103, $87,252,000. (b) EXCEPTION.—Subsection (a) shall not (b) ADJUSTMENT.—The amount authorized to to perform planning, design, and construction apply to any construction project which has a activities for any Department of Energy na- be appropriated in subsection (a) is the sum of current estimated cost of less than $5,000,000. the amounts authorized to be appropriated for tional security program construction project SEC. 3124. FUND TRANSFER AUTHORITY. the projects set forth in that subsection, reduced that, as determined by the Secretary, must pro- (a) TRANSFER TO OTHER FEDERAL AGENCIES.— by $32,000,000 for use of prior year balances of ceed expeditiously in order to protect public The Secretary of Energy may transfer funds au- funds for defense environmental management health and safety, to meet the needs of national thorized to be appropriated to the Department of privatization. defense, or to protect property. Energy pursuant to this title to other Federal (b) LIMITATION.—The Secretary may not exer- Subtitle B—Recurring General Provisions agencies for the performance of work for which cise the authority under subsection (a) in the SEC. 3121. REPROGRAMMING. the funds were authorized. Funds so transferred case of any construction project until the Sec- (a) IN GENERAL.—Until the Secretary of En- may be merged with and be available for the retary has submitted to the congressional de- ergy submits to the congressional defense com- same purposes and for the same period as the fense committees a report on the activities that mittees the report referred to in subsection (b) authorizations of the Federal agency to which the Secretary intends to carry out under this and a period of 30 days has elapsed after the the amounts are transferred. section and the circumstances making such ac- date on which such committees receive the re- (b) TRANSFER WITHIN DEPARTMENT OF EN- tivities necessary. port, the Secretary may not use amounts appro- ERGY.—(1) Subject to paragraph (2), the Sec- (c) SPECIFIC AUTHORITY.—The requirement of priated pursuant to this title for any program— retary of Energy may transfer funds authorized section 3125(b)(2) does not apply to emergency September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8189 planning, design, and construction activities Subtitle C—Program Authorizations, (4) For purposes of paragraph (1)(B), a legis- conducted under this section. Restrictions, and Limitations lative day is a day on which both Houses of SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SEC. 3131. PERMANENT EXTENSION OF FUNDING Congress are in session. SECURITY PROGRAMS OF THE DE- PROHIBITION RELATING TO INTER- SEC. 3134. LICENSING OF CERTAIN MIXED OXIDE PARTMENT OF ENERGY. NATIONAL COOPERATIVE STOCK- FUEL FABRICATION AND IRRADIA- Subject to the provisions of appropriations PILE STEWARDSHIP. TION FACILITIES. Acts and section 3121, amounts appropriated Section 3133(a) of the National Defense Au- (a) LICENSE REQUIREMENT.—Section 202 of the pursuant to this title for management and sup- thorization Act for Fiscal Year 1998 (Public Law Energy Reorganization Act of 1974 (42 U.S.C. port activities and for general plant projects are 105–85; 111 Stat. 2036) is amended by striking out 5842) is amended by adding at the end the fol- available for use, when necessary, in connection ‘‘for fiscal year 1998’’ and inserting in lieu lowing new paragraph: with all national security programs of the De- thereof ‘‘for any fiscal year’’. ‘‘(5) Any facility under a contract with and for the account of the Department of Energy partment of Energy. SEC. 3132. SUPPORT OF BALLISTIC MISSILE DE- SEC. 3128. AVAILABILITY OF FUNDS. FENSE ACTIVITIES OF THE DEPART- that is utilized for the express purpose of fab- ricating mixed plutonium-uranium oxide nu- (a) IN GENERAL.—Except as provided in sub- MENT OF DEFENSE. clear reactor fuel for use in a commercial nu- section (b), when so specified in an appropria- (a) FUNDS TO CARRY OUT CERTAIN BALLISTIC clear reactor licensed under such Act, other tions Act, amounts appropriated for operation MISSILE DEFENSE ACTIVITIES.—Of the amounts than any such facility that is utilized for re- and maintenance or for plant projects may re- authorized to be appropriated to the Department search, development, demonstration, testing, or main available until expended. of Energy pursuant to section 3101, $30,000,000 analysis purposes.’’. (b) EXCEPTION FOR PROGRAM DIRECTION shall be available for research, development, (b) AVAILABILITY OF FUNDS FOR LICENSING BY FUNDS.—Amounts appropriated for program di- and demonstration activities to support the mis- NRC.—Section 210 of the Department of Energy rection pursuant to an authorization of appro- sion of the Ballistic Missile Defense Organiza- National Security and Military Applications of priations in subtitle A shall remain available to tion of the Department of Defense, including the Nuclear Energy Authorization Act of 1981 (42 be expended only until the end of fiscal year following activities: U.S.C. 7272) shall not apply to any licensing ac- 2001. (1) Technology development, concept dem- onstration, and integrated testing to improve re- tivities required pursuant to section 202(5) of the SEC. 3129. TRANSFERS OF DEFENSE ENVIRON- Energy Reorganization Act of 1974 (42 U.S.C. MENTAL MANAGEMENT FUNDS. liability and reduce risk in hit-to-kill intercep- tors for missile defense. 5842), as added by subsection (a). (a) TRANSFER AUTHORITY FOR DEFENSE ENVI- (c) APPLICABILITY OF OCCUPATIONAL SAFETY (2) Support for science and engineering teams RONMENTAL MANAGEMENT FUNDS.—The Sec- AND HEALTH REQUIREMENTS TO ACTIVITIES to address technical problems identified by the retary of Energy shall provide the manager of UNDER LICENSE.—Any activities carried out Director of the Ballistic Missile Defense Organi- each field office of the Department of Energy under a license required pursuant to section zation as critical to acquisition of a theater mis- with the authority to transfer defense environ- 202(5) of the Energy Reorganization Act of 1974 sile defense capability. mental management funds from a program or (42 U.S.C. 5842), as added by subsection (a), (b) MEMORANDUM OF UNDERSTANDING.—The project under the jurisdiction of the office to an- shall be subject to regulation under the Occupa- other such program or project. activities referred to in subsection (a) shall be carried out under the memorandum of under- tional Safety and Health Act of 1970 (29 U.S.C. (b) LIMITATIONS.—(1) Only one transfer may 651 et seq.). be made to or from any program or project standing entered into by the Secretary of En- ergy and the Secretary of Defense for the use of SEC. 3135. CONTINUATION OF PROCESSING, under subsection (a) in a fiscal year. TREATMENT, AND DISPOSITION OF (2) The amount transferred to or from a pro- national laboratories for ballistic missile defense LEGACY NUCLEAR MATERIALS. gram or project under subsection (a) may not ex- programs, as required by section 3131 of the Na- The Secretary of Energy shall continue oper- ceed $5,000,000 in a fiscal year. tional Defense Authorization Act for Fiscal ations and maintain a high state of readiness at (3) A transfer may not be carried out by a Year 1998 (Public Law 105–85; 111 Stat. 2034). the F–canyon and H–canyon facilities at the Sa- manager of a field office under subsection (a) (c) METHOD OF FUNDING.—Funds for activities vannah River Site, Aiken, South Carolina, and unless the manager determines that the transfer referred to in subsection (a) may be provided— shall provide technical staff necessary to oper- is necessary to address a risk to health, safety, (1) by direct payment from funds available ate and so maintain such facilities. pursuant to subsection (a); or or the environment or to assure the most effi- SEC. 3136. AUTHORITY FOR DEPARTMENT OF EN- cient use of defense environmental management (2) in the case of such an activity carried out ERGY FEDERALLY FUNDED RE- funds at the field office. by a national laboratory but paid for by the SEARCH AND DEVELOPMENT CEN- (4) Funds transferred pursuant to subsection Ballistic Missile Defense Organization, through TERS TO PARTICIPATE IN MERIT- (a) may not be used for an item for which Con- a method under which the Secretary of Energy BASED TECHNOLOGY RESEARCH gress has specifically denied funds or for a new waives any requirement for the Department of AND DEVELOPMENT PROGRAMS. program or project that has not been authorized Defense to pay any indirect expenses (including (a) AUTHORITY.—Section 217(f)(1) of the Na- by Congress. overhead and federal administrative charges) of tional Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2695) is (c) EXEMPTION FROM REPROGRAMMING RE- the Department of Energy or its contractors. amended— QUIREMENTS.—The requirements of section 3121 SEC. 3133. NONPROLIFERATION ACTIVITIES. (1) by inserting ‘‘(A)’’ after ‘‘(1)’’; shall not apply to transfers of funds pursuant to (a) INITIATIVES FOR PROLIFERATION PREVEN- (2) by inserting ‘‘or of the Department of En- subsection (a). TION.—Of the amount authorized to be appro- ergy’’ after ‘‘the Department of Defense’’; and (d) NOTIFICATION.—The Secretary, acting priated by section 3103(a)(1)(A)(ii), up to (3) by adding at the end the following new through the Assistant Secretary of Energy for $20,000,000 may be used for the Initiatives for subparagraph: Environmental Management, shall notify Con- Proliferation Prevention program. ‘‘(B) A federally funded research and develop- gress of any transfer of funds pursuant to sub- (b) NUCLEAR CITIES INITIATIVE.—(1) Funds ment center of the Department of Energy de- section (a) not later than 30 days after such authorized under this title may not be obligated scribed in subparagraph (A) may respond to so- transfer occurs. or expended for the purpose of implementing the licitations and announcements described in that (e) DEFINITIONS.—In this section: Nuclear Cities Initiative until— subparagraph only for activities conducted by (1) The term ‘‘program or project’’ means, (A) the Secretary of Energy submits to the the center under contract with or on behalf of with respect to a field office of the Department congressional defense committees the report de- the Department of Defense.’’. of Energy, any of the following: scribed in paragraph (2); and (b) CONFORMING AMENDMENT.—Section (A) A program referred to or a project listed in (B) a period of 20 legislative days has expired 217(f)(2) of such Act is amended by inserting paragraph (2) or (3) of section 3102. following the date on which the report is sub- ‘‘(A)’’ after ‘‘(1)’’. (B) A program or project not described in sub- mitted to Congress. SEC. 3137. ACTIVITIES OF DEPARTMENT OF EN- paragraph (A) that is for environmental restora- (2) The Secretary of Energy shall prepare a ERGY FACILITIES. tion or waste management activities necessary report on the Nuclear Cities Initiative. The re- (a) RESEARCH AND ACTIVITIES ON BEHALF OF for national security programs of the Depart- port shall describe— NON-DEPARTMENT PERSONS AND ENTITIES.—(1) ment, that is being carried out by the office, and (A) the objectives of the initiative; The Secretary of Energy may conduct research for which defense environmental management (B) methods and processes for the implementa- and other activities referred to in paragraph (2) funds have been authorized and appropriated tion of the initiative; at facilities of the Department of Energy on be- before the date of enactment of this Act. (C) a program timeline for the initiative with half of other departments and agencies of the (2) The term ‘‘defense environmental manage- milestones; and Government, agencies of State and local govern- ment funds’’ means funds appropriated to the (D) the funding requirements for the initiative ments, and private persons and entities. Department of Energy pursuant to an author- through its completion. (2) The research and other activities that may ization for carrying out environmental restora- (3) For purposes of this section, the term ‘‘Nu- be conducted under paragraph (1) are those tion and waste management activities necessary clear Cities Initiative’’ means the initiative aris- which the Secretary is authorized to conduct by for national security programs. ing pursuant to the March 1998 discussion be- law, including research and activities author- (f) DURATION OF AUTHORITY.—The managers tween the Vice President of the United States ized under the following provisions of law: of the field offices of the Department may exer- and the Prime Minister of the Russian Federa- (A) The Atomic Energy Act of 1954 (42 U.S.C. cise the authority provided under subsection (a) tion and between the Secretary of Energy of the 2011 et seq.). during the period beginning on October 1, 1998, United States and the Minister of Atomic En- (B) The Energy Reorganization Act of 1974 (42 and ending on September 30, 1999. ergy of the Russian Federation. U.S.C. 5811 et seq.). H8190 CONGRESSIONAL RECORD — HOUSE September 22, 1998 (C) The Federal Nonnuclear Energy Research less than the established baseline for such costs (1) any progress in or resulting from the utili- and Development Act of 1974 (42 U.S.C. 5901 et for that fiscal year, the Secretary, to the extent zation of the Tank Waste Remediation System; seq.). consistent with fiscal year 1999 appropriations, and (b) CHARGES.—(1) The Secretary shall impose shall use an amount equal to the difference be- (2) any improvements in the management on the department, agency, or person or entity tween the baseline and such actual costs to per- structure of the Department at Hanford with re- for which research and other activities are car- form additional clean-up work at Hanford in spect to the Tank Waste Remediation System as ried out under subsection (a) a charge for such order to reduce the most threatening environ- a result of the Office. research and activities in carrying out such re- mental risks at Hanford and to comply with ap- (f) TERMINATION.—(1) The Office shall termi- search and activities, which shall include— plicable laws and regulations and the Tri-Party nate five years after the commencement of oper- (A) the direct cost incurred in carrying out Agreement among the Department of Energy, ations under this section unless the Secretary such research and activities; and the Environmental Protection Agency, and the determines that termination on that date would (B) the overhead cost, including site-wide in- State of Washington. direct costs, associated with such research and disrupt effective management of the Hanford (c) REVIEW.—The Director of the Defense Con- Tank Farm operations. activities. tract Audit Agency shall review the Project (2)(A) Subject to subparagraph (B), the Sec- Hanford Management Contract for compliance (2) The Secretary shall notify, in writing, the retary shall also impose on the department, with cost accounting standards promulgated committees referred to in subsection (d) of a de- agency, or person or entity concerned a Federal pursuant to section 26(f) of the Office of Federal termination under paragraph (1). administrative charge (which includes any de- Procurement Policy Act (42 U.S.C. 422(f)). The SEC. 3140. HANFORD HEALTH INFORMATION NET- preciation and imputed interest charges) in an review shall include the following: WORK. amount not to exceed 3 percent of the full cost (1) An identification and assessment of meth- Of the funds authorized to be appropriated or incurred in carrying out the research and ac- ods for calculating overhead costs. otherwise made available to the Department of tivities concerned. (2) A description of activities the costs of Energy by section 3102, $1,500,000 shall be avail- (B) The Secretary may waive the imposition of which are allocated to— able for activities relating to the Hanford Health the Federal administrative charge required by (A) all accounts at the Hanford site other Information Network established pursuant to subparagraph (A) in the case of research and than overhead accounts; or the authority in section 3138 of the National De- other activities conducted on behalf of small (B) other contracts under which work is per- fense Authorization Act for Fiscal Year 1991 business concerns, institutions of higher edu- formed at the Hanford site. (Public Law 101–510; 104 Stat. 1834), as amended cation, non-profit entities, and State and local (3) A description of service center costs, in- by section 3138(b) of the National Defense Au- governments. cluding— thorization Act for Fiscal Year 1995 (Public Law (3) Not later than two years after the date of (A) computer service and information manage- 103–337; 108 Stat. 3087). the enactment of this Act, the Secretary shall ment costs and other support service costs; and terminate any waiver of charges under section SEC. 3141. HAZARDOUS MATERIALS MANAGE- (B) costs of any activity which is paid for on 33 of the Atomic Energy Act of 1954 (42 U.S.C. MENT AND EMERGENCY RESPONSE a per-unit basis. 2053) that were made before such date, unless TRAINING PROGRAM. (4) An identification and assessment of all the Secretary determines that such waiver The Secretary of Energy may enter into part- fees, awards, or other profit on overhead or should be continued. nership arrangements with Federal and non- service center costs that are not attributed to (c) PILOT PROGRAM OF REDUCED FACILITY Federal entities to share the costs of operating performance on a single project or contract. OVERHEAD CHARGES.—(1) The Secretary may, the hazardous materials management and haz- with the cooperation of participating contrac- (5) An identification and assessment of all ardous materials emergency response training tors of the contractor-operated facilities of the contracts awarded without competition. program authorized under section 3140(a) of the Department, carry out a pilot program under (6) An identification and assessment of any National Defense Authorization Act for Fiscal which the Secretary and such contractors re- other costs that the Director considers necessary Year 1995 (Public Law 103–337; 108 Stat. 3088). duce the facility overhead charges imposed or appropriate to present a full and complete re- Such arrangements may include the exchange of under this section for research and other activi- view of Hanford costs. equipment and services, in lieu of payment for EPORT.—Not later than March 1, 1999, ties conducted under this section. (d) R the training program. the Director of the Defense Contract Audit (2) The Secretary shall carry out the pilot pro- SEC. 3142. SUPPORT FOR PUBLIC EDUCATION IN gram at contractor-operated facilities selected Agency shall submit to the congressional de- fense committees a report on the results of the THE VICINITY OF LOS ALAMOS NA- by the Secretary in consultation with the con- TIONAL LABORATORY, NEW MEXICO. tractors concerned. review under subsection (c). (a) AVAILABILITY OF FUNDS.—Of the funds (3) The Secretary shall determine the facility SEC. 3139. HANFORD WASTE TANK CLEANUP PRO- GRAM REFORMS. authorized to be appropriated or otherwise made overhead charges to be imposed under the pilot available to the Department of Energy by this (a) ESTABLISHMENT OF OFFICE OF RIVER PRO- program at a facility based on a joint review by title, up to $5,000,000 shall be made available for TECTION.—The Secretary of Energy shall estab- the Secretary and the contractor for the facility payment by the Secretary of Energy to the edu- of all items included in the overhead costs of the lish an office at the Hanford Reservation, Rich- land, Washington, to be known as the ‘‘Office cational foundation chartered to enhance edu- facility in order to determine which items are cational activities in the public schools in the appropriately incurred as facility overhead of River Protection’’ (in this section referred to as the ‘‘Office’’). vicinity of Los Alamos National Laboratory, charges by the contractor in carrying out re- New Mexico (in this section referred to as the (b) MANAGEMENT AND RESPONSIBILITIES OF search and other activities at such facility ‘‘Foundation’’). under this section. OFFICE.—(1) The Office shall be headed by a (4) The Secretary shall commence carrying out senior official of the Department of Energy, who (b) USE OF FUNDS.—(1) The Foundation shall the pilot program under this subsection not later shall report to the Assistant Secretary of Energy utilize funds provided under subsection (a) as a than October 1, 1999, and shall terminate the for Environmental Management. contribution to an endowment fund for the pilot program on September 30, 2003. (2) The head of the Office shall be responsible Foundation. (5) Not later than January 31, 2003, the Sec- for managing all aspects of the Tank Waste Re- (2) The Foundation shall use the income gen- retary shall submit to Congress an interim re- mediation System (also referred to as the Han- erated from investments in the endowment fund port on the results of the pilot program under ford Tank Farm operations), including those that are attributable to the payment made under this subsection. The report shall include any portions under privatization contracts, of the subsection (a) to fund programs to support the recommendations for the extension or expansion Department of Energy at Hanford. educational needs of children in public schools of the pilot program, including the establish- (c) DEPARTMENT RESPONSIBILITIES.—The Sec- in the vicinity of Los Alamos National Labora- ment of multiple rates of overhead charges for retary shall provide the manager of the Office tory. various categories of persons and entities seek- with the resources and personnel necessary to SEC. 3143. RELOCATION OF NATIONAL ATOMIC ing research and other activities in contractor- manage the tank waste privatization program at MUSEUM, ALBUQUERQUE, NEW MEX- operated facilities of the Department. Hanford in an efficient and streamlined man- ICO. (d) APPLICABILITY WITH RESPECT TO USER ner. The Secretary of Energy shall submit to the FEE PRACTICE.—This section does not apply to (d) INTEGRATED MANAGEMENT PLAN.—Not congressional defense committees a plan for the the practice of the Department of Energy with later than 90 days after the date of the enact- relocation of the National Atomic Museum in respect to user fees at Department facilities. ment of this Act, the Secretary shall submit to Albuquerque, New Mexico. SEC. 3138. HANFORD OVERHEAD AND SERVICE the Committee on Armed Services of the Senate CENTER COSTS. and the Committees on Commerce and on Na- SEC. 3144. TRITIUM PRODUCTION. (a) TARGET FOR REDUCTION OF COSTS.—The tional Security of the House of Representatives The Secretary of Energy may not obligate or Secretary of Energy shall establish a target for an integrated management plan for all aspects expend any funds authorized to be appropriated the overhead and service center costs for the of the Hanford Tank Farm operations, includ- or otherwise available to the Department of En- Project Hanford Management Contractor for fis- ing the roles, responsibilities, and reporting re- ergy for fiscal year 1999 to implement a final de- cal year 1999 that is less than the established lationships of the Office. cision on the technology to be utilized for trit- baseline for such costs for that fiscal year. (e) REPORT.—Not later than two years after ium production, made pursuant to section 3135 (b) USE OF FUNDS RESULTING FROM REDUC- the commencement of operations of the Office, of the National Defense Authorization Act for TION.—If the actual overhead and service center the Secretary shall submit to the committees re- Fiscal Year 1998 (Public Law 105–85; 111 Stat. costs for that contractor for fiscal year 1999 are ferred to in subsection (d) a report describing— 2037), until October 1, 1999. September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8191 Subtitle D—Other Matters SEC. 3152. EXTENSION OF AUTHORITY FOR AP- POINTMENT OF CERTAIN SCI- SEC. 3151. STUDY AND PLAN RELATING TO WORK- ENTIFIC, ENGINEERING, AND TECH- 7.5 ...... The date of enactment of ER AND COMMUNITY TRANSITION NICAL PERSONNEL. the Strom Thurmond ASSISTANCE. Section 3161(c)(1) of the National Defense Au- National Defense Au- (a) STUDY BY THE GENERAL ACCOUNTING OF- thorization Act for Fis- thorization Act for Fiscal Year 1995 (42 U.S.C. FICE.— cal Year 1999 to Decem- 7231 note) is amended by striking out ‘‘Septem- ber 31, 1998. (1) STUDY REQUIREMENT.—The Comptroller 7.75 ...... January 1, 1999 to Decem- General shall conduct a study on the effects of ber 30, 1999’’ and inserting in lieu thereof ‘‘Sep- ber 31, 1999. workforce restructuring plans for defense nu- tember 30, 2000’’. 7.9 ...... January 1, 2000 to Decem- SEC. 3153. REQUIREMENT FOR PLAN TO MODIFY ber 31, 2000. clear facilities developed pursuant to section 8 ...... January 1, 2001 to Decem- 3161 of the National Defense Authorization Act EMPLOYMENT SYSTEM USED BY DE- ber 31, 2002. for Fiscal Year 1993 (42 U.S.C. 7274h). PARTMENT OF ENERGY IN DEFENSE 7.5 ...... After December 31, 2002.’’. ENVIRONMENTAL MANAGEMENT (2) MATTERS COVERED BY STUDY.—The study PROGRAMS. (3) Notwithstanding subsection (a)(1) or (k)(1) shall cover the four-year period preceding the (a) PLAN REQUIREMENT.—Not later than Feb- of section 8334 of title 5, United States Code, or date of the enactment of this Act and shall in- ruary 1, 1999, the Secretary of Energy shall sub- section 7001(a) of Public Law 105–33, during the clude the following: mit to Congress a report containing a plan to period beginning on the effective date provided (A) An analysis of the number of jobs created modify the Federal employment system used for under subsection (n)(1) and ending on Sep- by any employee retraining, education, and re- within the defense environmental management tember 30, 2002, the Department of Energy shall employment assistance and any community im- programs of the Department of Energy to allow deposit in the Treasury of the United States to pact assistance provided in each workforce re- for workforce restructuring in those programs. the credit of the Civil Service Retirement and structuring plan developed pursuant to section (b) SPECIFIED ELEMENTS OF PLAN.—The plan Disability Fund on behalf of each nuclear mate- 3161 of the National Defense Authorization Act shall address strategies to recruit and hire— rials courier from whose basic pay a deduction for Fiscal Year 1993. (1) individuals with a high degree of scientific is made under such subsection (a)(1) during that (B) An analysis of other benefits provided and technical competence in the areas of nu- period an amount equal to 9.01 percent of such pursuant to such plans, including any assist- clear and toxic waste remediation and environ- basic pay, in lieu of the agency contributions ance provided to community reuse organiza- mental restoration; and otherwise required under such subsection (a)(1) tions. (2) individuals with the necessary skills to during that period. (C) A description of the funds expended, and manage large construction and environmental (d) MANDATORY SEPARATION UNDER CSRS.— the funds obligated but not expended, pursuant remediation projects. Section 8335(b) of title 5, United States Code, is to such plans as of the date of the report. (c) LEGISLATIVE CHANGES.—The plan shall in- amended in the second sentence— (D) A description of the criteria used since Oc- clude an identification of the provisions of Fed- (1) by inserting ‘‘or nuclear materials courier’’ tober 23, 1992, in providing assistance pursuant eral law that would need to be changed to allow after ‘‘law enforcement officer’’; and to such plans. the Secretary of Energy to restructure the De- (2) by inserting ‘‘or courier, as the case may (E) A comparison of any similar benefits pro- partment of Energy defense environmental man- be,’’ after ‘‘that officer’’. vided— (i) pursuant to such a plan to employees agement workforce to hire individuals described (e) IMMEDIATE RETIREMENT UNDER CSRS.— whose employment at the defense nuclear facil- in subsection (b), while staying within any nu- Section 8336(c)(1) of title 5, United States Code, ity covered by the plan is terminated; and merical limitations required by law (including is amended by striking ‘‘or firefighter’’ and in- (ii) to employees whose employment at a facil- section 3161 of Public Law 103–337 (42 U.S.C. serting ‘‘, firefighter, or nuclear materials cou- ity where more than 50 percent of the revenues 7231 note)) on employment of such individuals. rier’’. are derived from contracts with the Department SEC. 3154. DEPARTMENT OF ENERGY NUCLEAR (f) DEFINITION FOR PURPOSES OF FEDERAL of Defense has been terminated as a result of MATERIALS COURIERS. EMPLOYEES’ RETIREMENT SYSTEM.—Section 8401 cancellation, termination, or completion of con- (a) MAXIMUM AGE FOR ENTRY INTO NUCLEAR of title 5, United States Code, is amended— tracts with the Department of Defense and the MATERIALS COURIER FORCE.—Section 3307 of (1) by striking ‘‘and’’ at the end of paragraph employees whose employment is terminated con- title 5, United States Code, is amended— (31); stitute more than 15 percent of the employees at (1) in subsection (a), by striking ‘‘and (d)’’ (2) by striking the period at the end of para- that facility. and inserting ‘‘(d), (e), and (f)’’; and graph (32) and inserting ‘‘; and’’; and (F) A comparison of— (2) by adding at the end the following: (3) by adding at the end the following: (i) involuntary separation benefits provided to ‘‘(f) The Secretary of Energy may determine ‘‘(33) ‘Nuclear materials courier’ has the employees of Department of Energy contractors and fix the maximum age limit for an original meaning given that term in section 8331(27).’’. appointment to a position as a nuclear materials and subcontractors under such plans; and (g) IMMEDIATE RETIREMENT UNDER FERS.— (ii) involuntary separation benefits provided courier, as defined by section 8331(27) or Section 8412(d) of title 5, United States Code, is to employees of the Federal Government. 8401(33).’’. amended by striking ‘‘or firefighter’’ each place (b) DEFINITION FOR PURPOSES OF CIVIL SERV- (G) A comparison of costs to the Federal Gov- it appears in paragraphs (1) and (2) and insert- ICE RETIREMENT SYSTEM.—Section 8331 of title 5, ernment (including costs of involuntary separa- ing ‘‘firefighter, or nuclear materials courier’’. United States Code, is amended— tion benefits) for— (h) COMPUTATION OF BASIC ANNUITY UNDER (1) by striking ‘‘and’’ at the end of paragraph (i) involuntary separations of employees of FERS.—Section 8415(g) of title 5, United States Department of Energy contractors and sub- (25); (2) by striking the period at the end of para- Code, is amended by inserting ‘‘nuclear mate- contractors; and rials courier,’’ after ‘‘firefighter,’’. (ii) involuntary separations of employees of graph (26) and inserting ‘‘; and’’; and (3) by adding at the end the following: (i) DEDUCTIONS AND CONTRIBUTIONS UNDER contractors and subcontractors of other Federal FERS.—(1) Section 8422(a)(3) of title 5, United Government departments and agencies. ‘‘(27) ‘Nuclear materials courier’— ‘‘(A) means an employee of the Department of States Code, is amended by adding after the (H) A description of the length of service and item relating to a law enforcement officer, fire- hiring dates of employees of Department of En- Energy, the duties of whose position are pri- marily to transport, and provide armed escort fighter, member of the Capitol Police, or air traf- ergy contractors and subcontractors provided fic controller the following new item: benefits under such plans in the two-year period and protection during transit of, nuclear weap- preceding the date of the enactment of this Act. ons, nuclear weapon components, strategic (3) REPORT ON STUDY.—The Comptroller Gen- quantities of special nuclear materials or other ‘‘Nuclear mate- 7 ...... January 1, 1987 to the day eral shall submit a report to Congress on the re- materials related to national security; and rials courier. before the date of enact- ‘‘(B) includes an employee who is transferred ment of the Strom Thur- sults of the study not later than March 31, 1999. mond National Defense (4) DEFINITION.—In this section, the term ‘‘de- directly to a supervisory or administrative posi- Authorization Act for fense nuclear facility’’ has the meaning pro- tion within the same Department of Energy or- Fiscal Year 1999. ganization, after performing duties referred to 7.5 ...... The date of enactment of vided the term ‘‘Department of Energy defense the Strom Thurmond nuclear facility’’ in section 3163 of the National in subparagraph (A) for at least 3 years.’’. National Defense Au- Defense Authorization Act for Fiscal Year 1993 (c) DEDUCTIONS, CONTRIBUTIONS, AND DEPOS- thorization Act for Fis- cal Year 1999 to Decem- (Public Law 102–484; 42 U.S.C. 7274j). ITS UNDER CSRS.—(1) Subsection (a)(1) of sec- tion 8334 of title 5, United States Code, is ber 31, 1998. (b) PLAN FOR TERMINATION OF WORKER AND 7.75 ...... January 1, 1999 to Decem- COMMUNITY TRANSITION PROGRAM.—Not later amended by striking ‘‘or member of the Capitol ber 31, 1999. than July 1, 1999, the Secretary of Energy shall Police,’’ and inserting ‘‘member of the Capitol 7.9 ...... January 1, 2000 to Decem- Police, or nuclear materials courier,’’. ber 31, 2000. submit to the congressional defense committees a 8 ...... January 1, 2001 to Decem- plan to terminate the Office of Worker and Com- (2) Subsection (c) of that section is amended ber 31, 2001. munity Transition. The plan shall include— by adding after the item for a Member of the 7.5 ...... After December 31, 2002.’’. (1) a description of how the authority of the Capitol Police the following new item: (2) Contributions under subsections (a) and Office would be terminated; and (b) of section 8423 of title 5, United States Code, (2) a description of how the responsibility to ‘‘Nuclear mate- 7 ...... October 1, 1977 to the day shall not be reduced as a result of that portion manage downsizing of the contractor workforce rials courier. before the date of enact- of the amendment made by paragraph (1) re- of the Department of Energy would be trans- ment of the Strom Thur- quiring employee deductions at a rate in excess mond National Defense ferred to other offices or programs within the Authorization Act for of 7.5 percent for the period beginning on Janu- Department. Fiscal Year 1999. ary 1, 1999, and ending on December 31, 2002. H8192 CONGRESSIONAL RECORD — HOUSE September 22, 1998

(j) AGENCY CONTRIBUTIONS UNDER FERS.— criteria for judging whether the science-based Pantex Facility, and the Kansas City Plant, Paragraphs (1)(B)(i) and (3)(A) of section tools being used by the Department of Energy and any other official of the United States that 8423(a) of title 5, United States Code, are each for determining the safety and reliability of the the chairman of the panel determines as having amended by inserting ‘‘nuclear materials couri- nuclear weapons stockpile are performing in a information described in paragraph (1). ers,’’ after ‘‘firefighters,’’. manner that will provide an adequate degree of (3) The Secretary of Energy and the Secretary (k) MANDATORY SEPARATION UNDER FERS.— certainty that the stockpile is safe and reliable. of Defense shall each designate at least one offi- Section 8425(b) of title 5, United States Code, is (b) COORDINATION WITH SECRETARY OF DE- cer or employee of the Department of Energy amended by inserting ‘‘or nuclear materials cou- FENSE.—The Secretary of Energy, in developing and the Department of Defense, respectively, to rier’’ after ‘‘law enforcement officer’’ both the criteria required by subsection (a), shall co- serve as a liaison officer between the department places it appears in the second sentence. ordinate with the Secretary of Defense. and the panel. (l) PAYMENTS.—(1) The Department of Energy (c) REPORT.—Not later than March 1, 2000, (f) FUNDING.—The Secretary of Defense and shall pay into the Civil Service Retirement and the Secretary of Energy shall submit to the Com- the Secretary of Energy shall each contribute 50 Disability Fund an amount determined by the mittee on Armed Services of the Senate and the percent of the amount of funds that are nec- Director of the Office of Personnel Management Committee on National Security of the House of essary for the panel to carry out its duties. to be necessary to reimburse the Fund for any Representatives a report on the efforts by the Funds available for the Department of Energy estimated increase in the unfunded liability of Department of Energy to develop the criteria re- for atomic energy defense activities shall be the Fund resulting from the amendments related quired by subsection (a). The report shall in- available for the Department of Energy con- to the Civil Service Retirement System under clude— tribution. this section, and for any estimated increase in (1) a description of the information needed to (g) TERMINATION OF PANEL.—The panel shall the supplemental liability of the Fund resulting determine that the nuclear weapons stockpile is terminate three years after the date of the ap- from the amendments related to the Federal Em- safe and reliable and the relationship of the pointment of the member designated as chair- ployees Retirement System under this section. science-based tools to the collection of that in- man of the panel. (2) The Department shall pay the amount so formation; and (h) INITIAL IMPLEMENTATION.—The Secretary determined in five equal annual installments (2) a description of the criteria required by of Defense shall enter into the contract required with interest computed at the rate used in the subsection (a) to the extent they have been de- under subsection (a) not later than 60 days after most recent valuation of the Federal Employees veloped as of the date of the submission of the the date of the enactment of this Act. The panel Retirement System. report. shall convene its first meeting not later than 30 (3) The Department shall make payments days after the date as of which all members of under this subsection from amounts available SEC. 3159. PANEL TO ASSESS THE RELIABILITY, SAFETY, AND SECURITY OF THE the panel have been appointed. for weapons activities of the Department. UNITED STATES NUCLEAR STOCK- SEC. 3160. INTERNATIONAL COOPERATIVE INFOR- (m) APPLICABILITY.—Subsections (b) through PILE. (l) shall apply only to an individual who is em- MATION EXCHANGE. (a) REQUIREMENT FOR PANEL.—The Secretary ployed as a nuclear materials courier, as defined (a) FINDINGS.—Congress finds the following: of Defense, in consultation with the Secretary of (1) Currently in the post-cold war world, there by section 8331(27) or 8401(33) of title 5, United Energy, shall enter into a contract with a feder- are new opportunities to facilitate international States Code (as amended by this section), after ally funded research and development center to the later of— political and scientific cooperation on cost-effec- (1) September 30, 1998; or establish a panel for the assessment of the cer- tive, advanced, and innovative nuclear manage- (2) the date of the enactment of this Act. tification process for the reliability, safety, and ment technologies. (n) EFFECTIVE DATES.—(1) Except as provided security of the United States nuclear stockpile. (2) There is increasing public interest in mon- in paragraph (2), the amendments made by this (b) COMPOSITION AND ADMINISTRATION OF itoring and remediation of nuclear waste. section shall take effect at the beginning of the PANEL.—(1) The panel shall consist of private (3) It is in the best interest of the United first pay period that begins after the later of— citizens of the United States with knowledge States to explore and develop options with the (A) October 1, 1998; or and expertise in the technical aspects of design, international community to facilitate the ex- (B) the date of the enactment of this Act. manufacture, and maintenance of nuclear change of evolving advanced nuclear wastes (2)(A) The amendments made by subsection weapons. technologies. (a) shall take effect on the date of the enact- (2) The federally funded research and devel- (b) SENSE OF CONGRESS.—It is the sense of ment of this Act. opment center shall be responsible for establish- Congress that the Secretary of Energy, in con- (B) The amendments made by subsections (d) ing appropriate procedures for the panel, in- sultation with the Secretary of State, the Sec- and (k) shall take effect one year after the date cluding selection of a panel chairman. retary of Defense, the Administrator of the En- of the enactment of this Act. (c) DUTIES OF PANEL.—Each year the panel vironmental Protection Agency, and other offi- SEC. 3155. INCREASE IN MAXIMUM RATE OF PAY shall review and assess the following: cials as appropriate, should prepare and submit FOR SCIENTIFIC, ENGINEERING, AND (1) The annual certification process, including to the Committee on Armed Services of the Sen- TECHNICAL PERSONNEL RESPON- the conclusions and recommendations resulting ate and the Committee on National Security of SIBLE FOR SAFETY AT DEFENSE NU- from the process, for the safety, security, and the House of Representatives a report contain- CLEAR FACILITIES. reliability of the nuclear weapons stockpile of Section 3161(a)(2) of the National Defense Au- ing the following: the United States, as carried out by the directors (1) An assessment of whether the United thorization Act for Fiscal Year 1995 (Public Law of the national weapons laboratories. States should encourage the establishment of an 103–337; 42 U.S.C. 7231 note) is amended by (2) The long-term adequacy of the process of international project to facilitate the inter- striking out ‘‘level IV of the Executive Schedule certifying the safety, security, and reliability of national exchange of information (including under section 5315’’ and inserting in lieu thereof the nuclear weapons stockpile of the United costs data) relating to nuclear waste tech- ‘‘level III of the Executive Schedule under sec- States. nologies, including technologies for solid and tion 5314’’. (3) The adequacy of the criteria established by liquid radioactive wastes and contaminated soils SEC. 3156. EXTENSION OF AUTHORITY OF DE- the Secretary of Energy pursuant to section 3158 and sediments. PARTMENT OF ENERGY TO PAY VOL- for achieving the purposes for which those cri- UNTARY SEPARATION INCENTIVE (2) An assessment of whether such a project PAYMENTS. teria are established. could be funded privately through industry, (a) EXTENSION.—Notwithstanding subsection (d) REPORT.—Not later than October 1 of each public interest, and scientific organizations and (c)(2)(D) of section 663 of the Treasury, Postal year, beginning with 1999, the panel shall sub- administered by an international nongovern- Service, and General Government Appropria- mit to the Committee on Armed Services of the mental organization, with operations in the tions Act, 1997 (Public Law 104–208; 110 Stat. Senate and the Committee on National Security United States, Russia, and other countries that 3009–383; 5 U.S.C. 5597 note), the Department of of the House of Representatives a report setting have an interest in developing such tech- Energy may pay voluntary separation incentive forth its findings and conclusions resulting from nologies. payments to qualifying employees who volun- the review and assessment carried out for the (3) A description of the Federal programs that tarily separate (whether by retirement or res- year covered by the report. The report shall be facilitate the exchange of such information and ignation) before January 1, 2001. submitted in classified and unclassified form. of any added benefit of consolidating such pro- (b) EXERCISE OF AUTHORITY.—The Depart- (e) COOPERATION OF OTHER AGENCIES.—(1) grams into such a project. ment shall pay voluntary separation incentive The panel may secure directly from the Depart- (4) Recommendations for any legislation that payments under subsection (a) in accordance ment of Energy, the Department of Defense, or the Secretary of Energy believes would be re- with the provisions of such section 663. any of the national weapons laboratories or quired to enable such a project to be under- SEC. 3157. REPEAL OF FISCAL YEAR 1998 STATE- plants or any other Federal department or agen- taken. MENT OF POLICY ON STOCKPILE cy information that the panel considers nec- SEC. 3161. PROTECTION AGAINST INADVERTENT STEWARDSHIP PROGRAM. essary to carry out its duties. RELEASE OF RESTRICTED DATA AND Section 3156 of the National Defense Author- (2) For carrying out its duties, the panel shall FORMERLY RESTRICTED DATA. ization Act for Fiscal Year 1998 (Public Law be provided full and timely cooperation by the (a) PLAN FOR PROTECTION AGAINST RE- 105–85; 111 Stat. 2045; 42 U.S.C. 2121 note) is re- Secretary of Energy, the Secretary of Defense, LEASE.—The Secretary of Energy and the Archi- pealed. the Commander of United States Strategic Com- vist of the United States shall, after consulta- SEC. 3158. REPORT ON STOCKPILE STEWARDSHIP mand, the Directors of the Los Alamos National tion with the members of the National Security CRITERIA. Laboratory, the Lawrence Livermore National Council and in consultation with the Secretary (a) REQUIREMENT FOR CRITERIA.—The Sec- Laboratory, the Sandia National Laboratories, of Defense and the heads of other appropriate retary of Energy shall develop clear and specific the Savannah River Site, the Y–12 Plant, the Federal agencies, develop a plan to prevent the September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8193 inadvertent release of records containing Re- tive Order 12958 that occurred before the date of Sec. 3304. Use of stockpile funds for certain en- stricted Data or Formerly Restricted Data dur- the enactment of this Act. vironmental remediation, restora- ing the automatic declassification of records (2) Not later than 30 days after any such in- tion, waste management, and under Executive Order 12958 (50 U.S.C. 435 advertent release occurring after the date of the compliance activities. note). enactment of this Act, the Secretary of Energy SEC. 3301. DEFINITIONS. (b) PLAN ELEMENTS.—The plan under sub- shall notify the committees and Assistant to the In this title: section (a) shall include the following: President specified in subsection (d) of such re- (1) The term ‘‘National Defense Stockpile’’ (1) The actions to be taken in order to ensure leases. means the stockpile provided for in section 4 of (g) DEFINITION.—In this section, the term that records subject to Executive Order 12958 are the Strategic and Critical Materials Stock Piling ‘‘Restricted Data’’ has the meaning given that reviewed on a page-by-page basis for Restricted Act (50 U.S.C. 98c). Data and Formerly Restricted Data unless they term in section 11 y. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)). (2) The term ‘‘National Defense Stockpile have been determined to be highly unlikely to Transaction Fund’’ means the fund in the contain Restricted Data or Formerly Restricted SEC. 3162. SENSE OF CONGRESS REGARDING TREATMENT OF FORMERLY UTI- Treasury of the United States established under Data. section 9(a) of the Strategic and Critical Mate- (2) The criteria and process by which docu- LIZED SITES REMEDIAL ACTION PROGRAM UNDER A NONDEFENSE rials Stock Piling Act (50 U.S.C. 98h(a)). ments are determined to be highly unlikely to DISCRETIONARY BUDGET FUNCTION. contain Restricted Data or Formerly Restricted SEC. 3302. AUTHORIZED USES OF STOCKPILE It is the sense of Congress that the Office of FUNDS. Data. Management and Budget should, beginning (3) The actions to be taken in order to ensure (a) OBLIGATION OF STOCKPILE FUNDS.—Dur- with fiscal year 2000, transfer the Formerly Uti- ing fiscal year 1999, the National Defense Stock- proper training, supervision, and evaluation of lized Sites Remedial Action Program from the personnel engaged in declassification under that pile Manager may obligate up to $83,000,000 of National Defense budget function (budget func- the funds in the National Defense Stockpile Executive Order so that such personnel recog- tion 050) to a nondefense discretionary budget nize Restricted Data and Formerly Restricted Transaction Fund for the authorized uses of function. such funds under section 9(b)(2) of the Strategic Data. SEC. 3163. REPORTS RELATING TO TRITIUM PRO- (4) The extent to which automated declas- and Critical Materials Stock Piling Act (50 DUCTION. U.S.C. 98h(b)(2)), including the disposal of haz- sification technologies will be used under that (a) REPORT ON TRITIUM PRODUCTION TECH- Executive Order to protect Restricted Data and ardous materials that are environmentally sen- NOLOGY OPTIONS.—(1) The Secretary of Defense, sitive. Formerly Restricted Data from inadvertent re- in consultation with the Secretary of Energy, lease. (b) ADDITIONAL OBLIGATIONS.—The National shall establish a task force of the Defense Defense Stockpile Manager may obligate (5) Procedures for periodic review and evalua- Science Board to examine tritium production tion by the Secretary of Energy, in consultation amounts in excess of the amount specified in technology options. subsection (a) if the National Defense Stockpile with the Director of the Information Security (2) The task force shall examine the following Manager notifies Congress that extraordinary or Oversight Office of the National Archives and issues: Records Administration, of compliance by Fed- (A) The risk associated with the design, con- emergency conditions necessitate the additional eral agencies with the plan. struction, operation, and cost of each option for obligations. The National Defense Stockpile (6) Procedures for resolving disagreements tritium production under consideration. Manager may make the additional obligations among Federal agencies regarding declassifica- (B) The implications for nuclear weapons pro- described in the notification after the end of the tion procedures and decisions under the plan. liferation of each such option. 45-day period beginning on the date on which (7) The funding, personnel, and other re- (C) The extent to which each such option con- Congress receives the notification. sources required to carry out the plan. tributes to the capability of the Government to (c) LIMITATIONS.—The authorities provided by (8) A timetable for implementation of the plan. reliably meet the national defense requirements this section shall be subject to such limitations (c) LIMITATION ON DECLASSIFICATION OF CER- of the United States. as may be provided in appropriations Acts. TAIN RECORDS.—(1) Effective on the date of the (D) Any other factors that the Secretary of SEC. 3303. AUTHORITY TO DISPOSE OF CERTAIN enactment of this Act and except as provided in Defense or the Secretary of Energy considers ap- MATERIALS IN NATIONAL DEFENSE paragraph (3), a record referred to in subsection propriate. STOCKPILE. (a) may not be declassified unless the agency (3) The task force shall submit to the Sec- (a) DISPOSAL REQUIRED.—Subject to sub- having custody of the record reviews the record retary of Defense and the Secretary of Energy a section (c), the President shall dispose of mate- on a page-by-page basis to ensure that the report on the results of its examination. The rials contained in the National Defense Stock- record does not contain Restricted Data or For- Secretaries shall submit the report to Congress pile and specified in the table in subsection (b) merly Restricted Data. not later than June 30, 1999. so as to result in receipts to the United States in (2) Any record determined as a result of a re- (b) REPORT ON TEST PROGRAM FOR TRITIUM the amount of— view under paragraph (1) to contain Restricted PRODUCTION AT WATTS BAR.—(1) The Secretary (1) $105,000,000 by the end of fiscal year 1999; Data or Formerly Restricted Data may not be of Energy shall submit to the congressional de- (2) $460,000,000 by the end of fiscal year 2002; declassified until the Secretary of Energy, in fense committees a report on the results of the (3) $555,000,000 by the end of fiscal year 2003; conjunction with the head of the agency having test program at the Watts Bar Nuclear Station, and custody of the record, determines that the docu- Tennessee, after the test program is completed (4) $590,000,000 by the end of fiscal year 2005. ment is suitable for declassification. and the results of the program are evaluated. (b) LIMITATION ON DISPOSAL QUANTITY.—The (3) After the date occurring 60 days after the The report shall include— total quantities of materials authorized for dis- submission of the plan required by subsection (A) data on the performance of the test rods, posal by the President under subsection (a) may (a) to the committees referred to in paragraphs including any leakage of tritium from the test not exceed the amounts set forth in the follow- (1) and (2) of subsection (d), the requirement rods; ing table: under paragraph (1) to review a record on a (B) the amount of tritium produced during the Authorized Stockpile Disposals page-by-page basis shall not apply in the case of test; (C) the performance of the reactor during the Material for a record determined, under the actions specified Quantity test; and disposal in the plan pursuant to subsection (b)(1), to be (D) any other technical findings resulting Bauxite Refractory ...... 29,000 long calcined a record that is highly unlikely to contain Re- from the test. stricted Data or Formerly Restricted Data. ton (2) The Secretary of Energy shall submit to Beryllium Metal ...... 100 short tons (d) SUBMISSION OF PLAN.—The Secretary of the congressional defense committees an interim Chromite Chemical ...... 34,000 short dry tons Energy shall submit the plan required under report on the test program not later than 60 Chromite Refractory ...... 159,000 short dry tons subsection (a) to the following: days after the test rods are removed from the Chromium Ferroalloy ...... 125,000 short tons (1) The Committee on Armed Services of the Watts Bar reactor. Columbium Carbide Powder ...... 21,372 pounds of con- Senate. tained Columbium (2) The Committee on National Security of the TITLE XXXII—DEFENSE NUCLEAR Columbium Concentrates ...... 1,733,454 pounds of House of Representatives. FACILITIES SAFETY BOARD contained Colum- (3) The Assistant to the President for National Sec. 3201. Authorization. bium Security Affairs. SEC. 3201. AUTHORIZATION. Columbium Ferro ...... 249,396 pounds of contained Colum- (e) SUBMISSION OF REVIEWS.—The Secretary of There are authorized to be appropriated for fiscal year 1999, $17,500,000 for the operation of bium Energy shall, on a periodic basis, submit a sum- Columbium Metal—Ingots ...... 161,123 pounds of mary of the results of the periodic reviews and the Defense Nuclear Facilities Safety Board contained Colum- evaluations specified in the plan pursuant to under chapter 21 of the Atomic Energy Act of bium subsection (b)(4) to the committees and Assistant 1954 (42 U.S.C. 2286 et seq.). Diamond, Stones ...... 3,000,000 carats to the President specified in subsection (d). TITLE XXXIII—NATIONAL DEFENSE Germanium Metal ...... 28,198 kilograms (f) REPORT AND NOTIFICATION REGARDING IN- STOCKPILE Graphite Natural Ceylon Lump 5,492 short tons Indium ...... 14,248 troy ounces ADVERTENT RELEASES.—(1) The Secretary of En- Sec. 3301. Definitions. Mica Muscovite Block ...... 301,000 pounds ergy shall submit to the committees and Assist- Sec. 3302. Authorized uses of stockpile funds. Mica Phlogopite Block ...... 130,745 pounds ant to the President specified in subsection (d) Sec. 3303. Authority to dispose of certain mate- Platinum ...... 439,887 troy ounces a report on inadvertent releases of Restricted rials in National Defense Stock- Platinum—Iridium ...... 4,450 troy ounces Data or Formerly Restricted Data under Execu- pile. Platinum—Palladium ...... 750,000 troy ounces H8194 CONGRESSIONAL RECORD — HOUSE September 22, 1998 Authorized Stockpile Disposals—Continued Sec. 3402. Authorization of appropriations. the property to be conveyed. The Secretary of Sec. 3403. Disposal of Naval Petroleum Reserve Energy may use the authority provided by the Material for Numbered 2. Act of June 14, 1926 (43 U.S.C. 869 et seq.; com- disposal Quantity Sec. 3404. Disposal of Naval Petroleum Reserve monly known as the Recreation and Public Pur- Tantalum Carbide Powder ...... 22,688 pounds of con- Numbered 3. poses Act), in the same manner and to the same tained Tantalum Sec. 3405. Disposal of Oil Shale Reserve Num- extent as the Secretary of the Interior, to dis- Tantalum Metal Ingots ...... 125,000 pounds of bered 2. pose of the portion of Naval Petroleum Reserve contained Tanta- Sec. 3406. Administration. Numbered 2 described in paragraph (1). lum Tantalum Metal Powder ...... 125,000 pounds of SEC. 3401. DEFINITIONS. (3) Section 2696(a) of title 10, United States contained Tanta- In this title: Code, regarding the screening of real property lum (1) The term ‘‘naval petroleum reserves’’ has for further Federal use before disposal, shall Tantalum Minerals ...... 1,751,364 pounds con- the meaning given the term in section 7420(2) of apply to the disposal authorized by paragraph tained of Tantalum title 10, United States Code. (1). Tantalum Oxide ...... 122,730 pounds con- (2) The term ‘‘Naval Petroleum Reserve Num- (b) TRANSFER OF ADMINISTRATIVE JURISDIC- tained of Tantalum bered 2’’ means the naval petroleum reserve, TION AUTHORIZED.—(1) The Secretary of Energy Tungsten Carbide Powder ...... 2,032,896 pounds of contained Tung- commonly referred to as the Buena Vista unit, shall continue to administer Naval Petroleum sten that is located in Kern County, California, and Reserve Numbered 2 (other than the portion of Tungsten Ferro ...... 2,024,143 pounds of was established by Executive order of the Presi- the reserve authorized for disposal under sub- contained Tung- dent, dated December 13, 1912. section (a)) in accordance with chapter 641 of sten (3) The term ‘‘Naval Petroleum Reserve Num- title 10, United States Code, until such time as Tungsten Metal Powder ...... 1,898,009 pounds of bered 3’’ means the naval petroleum reserve, the Secretary makes a determination to abandon contained Tung- commonly referred to as the Teapot Dome unit, oil and gas operations in Naval Petroleum Re- sten Tungsten Ores & Concentrates .. 76,358,235 pounds of that is located in the State of Wyoming and was serve Numbered 2 in accordance with commer- contained Tung- established by Executive order of the President, cial operating practices. sten dated April 30, 1915. (2) After oil and gas operations are abandoned (4) The term ‘‘Oil Shale Reserve Numbered 2’’ in Naval Petroleum Reserve Numbered 2, the (c) MINIMIZATION OF DISRUPTION AND LOSS.— means the naval petroleum reserve that is lo- Secretary of Energy may transfer to the Sec- The President may not dispose of materials cated in the State of Utah and was established retary of the Interior administrative jurisdiction under subsection (a) to the extent that the dis- by Executive order of the President, dated De- and control over all public domain lands in- posal will result in— cember 6, 1916. cluded within Naval Petroleum Reserve Num- (1) undue disruption of the usual markets of (5) The term ‘‘antitrust laws’’ means has the bered 2 (other than the portion of the reserve producers, processors, and consumers of the ma- meaning given the term in section 1(a) of the authorized for disposal under subsection (a)) for terials proposed for disposal; or Clayton Act (15 U.S.C. 12(a)), except that the management in accordance with the general (2) avoidable loss to the United States. term also includes— (d) TREATMENT OF RECEIPTS.—Notwithstand- land laws. (A) the Act of June 19, 1936 (15 U.S.C. 13 et ing section 9 of the Strategic and Critical Mate- (c) RELATIONSHIP TO ANTITRUST LAWS.—This seq.; commonly known as the Robinson-Patman rials Stock Piling Act (50 U.S.C. 98h), funds re- section does not modify, impair, or supersede the Act); and ceived as a result of the disposal of materials operation of the antitrust laws. (B) section 5 of the Federal Trade Commission authorized for disposal under subsection (a) SEC. 3404. DISPOSAL OF NAVAL PETROLEUM RE- Act (15 U.S.C. 45), to the extent that such sec- shall be treated as follows: SERVE NUMBERED 3. tion applies to unfair methods of competition. (1) The following amounts shall be transferred (a) ADMINISTRATION PENDING TERMINATION OF (6) The term ‘‘petroleum’’ has the meaning to the Secretary of Health and Human Services, OPERATIONS.—The Secretary of Energy shall given the term in section 7420(3) of title 10, to be credited in the manner determined by the continue to administer Naval Petroleum Reserve United States Code. Secretary to the Federal Hospital Insurance Numbered 3 in accordance with chapter 641 of Trust Fund and the Federal Supplementary SEC. 3402. AUTHORIZATION OF APPROPRIATIONS. title 10, United States Code, until such time as Medical Insurance Trust Fund: (a) AMOUNT.—There are hereby authorized to the Secretary makes a determination to abandon (A) $3,000,000 during fiscal year 1999. be appropriated to the Secretary of Energy oil and gas operations in Naval Petroleum Re- (B) $22,000,000 during fiscal year 2000. $22,500,000 for fiscal year 1999 for the purpose of serve Numbered 3 in accordance with commer- (C) $28,000,000 during fiscal year 2001. carrying out— cial operating practices. (D) $31,000,000 during fiscal year 2002. (1) activities under chapter 641 of title 10, (b) DISPOSAL AUTHORIZED.—After oil and gas (E) $8,000,000 during fiscal year 2003. United States Code, relating to the naval petro- (2) The balance of the funds received shall be operations are abandoned in Naval Petroleum leum reserves; Reserve Numbered 3, the Secretary of Energy deposited into the general fund of the Treasury. (2) closeout activities at Naval Petroleum Re- ELATIONSHIP TO OTHER DISPOSAL AU- may dispose of the reserve as provided in this (e) R serve Numbered 1 upon the sale of that reserve THORITY.—The disposal authority provided in subsection. Subject to section 3406, the Secretary under subtitle B of title XXXIV of the National subsection (a) is new disposal authority and is shall carry out any such disposal of the reserve Defense Authorization Act for fiscal year 1996 in addition to, and shall not affect, any other by sale or lease or by transfer to another Fed- (Public Law 104–106; 10 U.S.C. 7420 note); and disposal authority provided by law regarding eral agency. Any sale or lease shall provide for (3) activities under this title relating to the the disposal of all right, title, and interest of the the materials specified in such subsection. disposition of Naval Petroleum Reserve Num- (f) AUTHORIZATION OF SALE.—The authority United States in the property to be conveyed bered 2, Naval Petroleum Reserve Numbered 3, provided by this section to dispose of materials and shall be conducted in accordance with com- and Oil Shale Reserve Numbered 2. contained in the National Defense Stockpile so petitive procedures consistent with commercial (b) PERIOD OF AVAILABILITY.—Funds appro- as to result in receipts of $100,000,000 of the practices, as established by the Secretary. priated pursuant to the authorization of appro- amount specified for fiscal year 1999 in sub- (c) RELATIONSHIP TO ANTITRUST LAWS.—This priations in subsection (a) shall remain avail- section (a) by the end of that fiscal year shall section does not modify, impair, or supersede the able until expended. be effective only to the extent provided in ad- operation of the antitrust laws. vance in appropriation Acts. SEC. 3403. DISPOSAL OF NAVAL PETROLEUM RE- SERVE NUMBERED 2. SEC. 3405. DISPOSAL OF OIL SHALE RESERVE SEC. 3304. USE OF STOCKPILE FUNDS FOR CER- NUMBERED 2. (a) DISPOSAL OF FORD CITY LOTS AUTHOR- TAIN ENVIRONMENTAL REMEDI- (a) TRANSFER OF ADMINISTRATIVE JURISDIC- ATION, RESTORATION, WASTE MAN- IZED.—(1) Subject to section 3406, the Secretary TION AUTHORIZED.—Subject to section 3406, the AGEMENT, AND COMPLIANCE ACTIVI- of Energy may dispose of the portion of Naval Secretary of Energy may transfer to the Sec- TIES. Petroleum Reserve Numbered 2 that is located Section 9(b)(2) of the Strategic and Critical within the town lots in Ford City, California, retary of the Interior administrative jurisdiction Materials Stock Piling Act (50 U.S.C. 98h(b)(2)) which are identified as ‘‘Drill Sites Numbered and control over all public domain lands in- is amended— 3A, 4, 6, 9A, 20, 22, 24, and 26’’ and described in cluded within Oil Shale Reserve Numbered 2 for (1) by redesignating subparagraphs (J) and the document entitled ‘‘Ford City Drill Site Lo- management in accordance with the general (K) as subparagraphs (K) and (L), respectively; cations—NPR–2,’’ and accompanying maps on land laws. and file in the office of the Deputy Assistant Sec- (b) RELATIONSHIP TO INDIAN RESERVATION.— (2) by inserting after subparagraph (I) the fol- retary for Naval Petroleum and Oil Shale Re- The transfer of administrative jurisdiction lowing new subparagraph (J): serves of the Department of Energy. under this section does not affect any interest, ‘‘(J) Performance of environmental remedi- (2) The Secretary of Energy shall carry out right, or obligation respecting the Uintah and ation, restoration, waste management, or com- the disposal authorized by paragraph (1) by Ouray Indian Reservation located in Oil Shale pliance activities at locations of the stockpile competitive sale or lease consistent with com- Reserve Numbered 2. that are required under a Federal law or are un- mercial practices, by transfer to another Federal SEC. 3406. ADMINISTRATION. dertaken by the Government under an adminis- agency or a public or private entity, or by such (a) PROTECTION OF EXISTING RIGHTS.—At the trative decision or negotiated agreement.’’. other means as the Secretary considers appro- discretion of the Secretary of Energy, the dis- TITLE XXXIV—NAVAL PETROLEUM priate. Any competitive sale or lease under this posal of property under this title shall be subject RESERVES subsection shall provide for the disposal of all to any contract related to the United States Sec. 3401. Definitions. right, title, and interest of the United States in ownership interest in the property in effect at September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8195

the time of disposal, including any lease agree- SEC. 3503. PURCHASE OF VEHICLES. (b) CLERICAL AMENDMENT.—The table of con- ment pertaining to the United States interest in Notwithstanding any other provision of law, tents in section 1 is amended by striking out the Naval Petroleum Reserve Numbered 2. the funds available to the Commission shall be item relating to section 1223. (b) DEPOSIT OF RECEIPTS.—Notwithstanding available for the purchase and transportation to SEC. 3509. LIABILITY FOR VESSEL ACCIDENTS. any other law, all monies received by the United the Republic of Panama of passenger motor ve- (a) COMMISSION LIABILITY SUBJECT TO CLAIM- States from the disposal of property under this hicles, the purchase price of which shall not ex- ANT INSURANCE.—(1) Section 1411(a) (22 U.S.C. title, including any monies received from a lease ceed $23,000 per vehicle. 3771(a)) is amended by inserting ‘‘to section entered into under this title, shall be deposited SEC. 3504. EXPENDITURES ONLY IN ACCORDANCE 1419(b) of this Act and’’ after ‘‘Subject’’ in the in the general fund of the Treasury. WITH TREATIES. first sentence. (c) TREATMENT OF ROYALTIES.—Any petro- Expenditures authorized under this title may (2) Section 1412 (22 U.S.C. 3772) is amended by leum accruing to the United States as royalty be made only in accordance with the Panama striking out ‘‘The Commission’’ in the first sen- from any lease of lands transferred under this Canal Treaties of 1977 and any law of the tence and inserting in lieu thereof ‘‘Subject to title shall be delivered to the United States, or United States implementing those treaties. section 1419(b) of this Act, the Commission’’. shall be paid for in money, as the Secretary of SEC. 3505. DONATIONS TO THE COMMISSION. (3) Section 1416 (22 U.S.C. 3776) is amended by the Interior may elect. Section 1102b (22 U.S.C. 3612b) is amended by striking out ‘‘A claimant’’ in the first sentence (d) ELEMENTS OF LEASE.—A lease under this adding at the end the following new subsection: and inserting in lieu thereof ‘‘Subject to section title may provide for the exploration for, and de- ‘‘(f)(1) The Commission may seek and accept 1419(b) of this Act, a claimant’’. velopment and production of, petroleum, other donations of funds, property, and services from (b) AUTHORITY TO REQUIRE CLAIMANTS TO BE than petroleum in the form of oil shale. individuals, foundations, corporations, and COVERED BY INSURANCE.—Section 1419 (22 (e) WAIVER OF REQUIREMENTS REGARDING other private and public entities for the purpose U.S.C. 3779) is amended— CONSULTATION AND APPROVAL.—Section 7431 of of carrying out its promotional activities. (1) by inserting ‘‘(a)’’ before ‘‘The Commis- title 10, United States Code, shall not apply to ‘‘(2) The Commission shall establish written sion’’; and the disposal of property under this title. guidelines setting forth the criteria to be used in (2) by adding at the end the following: TITLE XXXV—PANAMA CANAL determining whether the acceptance of funds, ‘‘(b)(1) The Commission may by regulation re- COMMISSION property, or services authorized by paragraph quire as a condition of transit through the Pan- (1) would reflect unfavorably upon the ability of Sec. 3501. Short title; references to Panama ama Canal or presence in the Panama Canal or the Commission (or any employee of the Com- Canal Act of 1979. waters adjacent thereto that any potential mission) to carry out its responsibilities or offi- Sec. 3502. Authorization of expenditures. claimant under section 1411 or 1412 of this Act cial duties in a fair and objective manner or Sec. 3503. Purchase of vehicles. be covered by insurance against the types of in- Sec. 3504. Expenditures only in accordance would compromise the integrity or the appear- juries described in those sections. The amount of with treaties. ance of the integrity of its programs or of any insurance so required shall be specified in those Sec. 3505. Donations to the Commission. official in those programs.’’. regulations, but may not exceed $1,000,000. Sec. 3506. Agreements for United States to pro- SEC. 3506. AGREEMENTS FOR UNITED STATES TO ‘‘(2) In a claim under section 1411 or 1412 of vide post-transfer administrative PROVIDE POST-TRANSFER ADMINIS- this Act for which the Commission has required TRATIVE SERVICES FOR CERTAIN services for certain employee bene- insurance under this subsection, the Commis- EMPLOYEE BENEFITS. sion’s liability shall be limited to the amount of fits. Section 1110 (22 U.S.C. 3620) is amended by Sec. 3507. Sunset of United States overseas ben- damages in excess of the amount of insurance adding at the end the following new subsection: required by the Commission. efits just before transfer. ‘‘(c)(1) The Secretary of State may enter into Sec. 3508. Central examining office. ‘‘(3) In regulations under this subsection, the one or more agreements to provide for the Commission may prohibit consideration or pay- Sec. 3509. Liability for vessel accidents. United States to furnish administrative services Sec. 3510. Panama Canal Board of Contract ment by it of claims presented by or on behalf of relating to the benefits described in paragraph an insurer or subrogee of a claimant in a case Appeals. (2) after December 31, 1999, and to establish ap- Sec. 3511. Restatement of requirement that Sec- for which the Commission has required insur- propriate procedures for providing advance ance under this subsection.’’. retary of Defense designee on funding for the services. Panama Canal Commission super- ‘‘(2) The benefits referred to in paragraph (1) SEC. 3510. PANAMA CANAL BOARD OF CONTRACT APPEALS. visory board be a current officer are the following: of the Department of Defense. ‘‘(A) Pension, disability, and medical benefits (a) ESTABLISHMENT AND PAY OF BOARD.—Sec- Sec. 3512. Technical amendments. provided by the Panama Canal Commission pur- tion 3102(a) (22 U.S.C. 3862(a)) is amended— (1) in paragraph (1), by striking out ‘‘shall’’ SEC. 3501. SHORT TITLE; REFERENCES TO PAN- suant to section 1245. AMA CANAL ACT OF 1979. ‘‘(B) Compensation for work injuries covered in the first sentence and inserting in lieu thereof (a) SHORT TITLE.—This title may be cited as by chapter 81 of title 5, United States Code.’’. ‘‘may’’; and (2) by adding at the end the following new the ‘‘Panama Canal Commission Authorization SEC. 3507. SUNSET OF UNITED STATES OVERSEAS Act for Fiscal Year 1999’’. BENEFITS JUST BEFORE TRANSFER. paragraph: ‘‘(3) Compensation for members of the Board (b) REFERENCES TO PANAMA CANAL ACT OF (a) REPEALS.—Effective 11:59 p.m. (Eastern 1979.—Except as otherwise expressly provided, Standard Time), December 30, 1999, the follow- of Contract Appeals shall be established by the whenever in this title an amendment or repeal is ing provisions are repealed and any right or Commission’s supervisory board. The annual expressed in terms of an amendment to, or re- condition of employment provided for in, or aris- compensation established for members may not peal of, a section or other provision, the ref- ing from, those provisions is terminated: sections exceed the rate of basic pay established for level erence shall be considered to be made to a sec- 1206 (22 U.S.C. 3646), 1207 (22 U.S.C. 3647), IV of the Executive Schedule under section 5315 tion or other provision of the Panama Canal Act 1217(a) (22 U.S.C. 3657(a)), and 1224(11) (22 of title 5, United States Code. The compensation of 1979 (22 U.S.C. 3601 et seq.). U.S.C. 3664(11)), subparagraphs (A), (B), (F), of a member may not be reduced during the member’s term of office from the level estab- SEC. 3502. AUTHORIZATION OF EXPENDITURES. (G), and (H) of section 1231(a)(2) (22 U.S.C. lished at the time of the appointment of the (a) IN GENERAL.—Subject to subsection (b), 3671(a)(2)) and section 1321(e) (22 U.S.C. member.’’. the Panama Canal Commission is authorized to 3731(e)). (b) DEADLINE FOR COMMENCEMENT OF use amounts in the Panama Canal Revolving (b) SAVINGS PROVISION FOR BASIC PAY.—Not- BOARD.—Section 3102(e) (22 U.S.C. 3862(e)) is Fund to make such expenditures within the lim- withstanding subsection (a), benefits based on amended by striking out ‘‘, but not later than its of funds and borrowing authority available basic pay, as listed in paragraphs (1), (2), (3), January 1, 1999’’. to it in accordance with law, and to make such (5), and (6) of section 1218 of the Panama Canal contracts and commitments, as may be necessary Act of 1979, shall be paid as if sections 1217(a) SEC. 3511. RESTATEMENT OF REQUIREMENT and 1231(a)(2) (A) and (B) of that Act had been THAT SECRETARY OF DEFENSE DES- under the Panama Canal Act of 1979 (22 U.S.C. IGNEE ON PANAMA CANAL COMMIS- 3601 et seq.) for the operation, maintenance, im- repealed effective 12:00 noon, December 31, 1999. SION SUPERVISORY BOARD BE A provement, and administration of the Panama The exception under the preceding sentence CURRENT OFFICER OF THE DEPART- Canal for fiscal year 1999. shall not apply to any pay for hours of work MENT OF DEFENSE. (b) LIMITATIONS.—For fiscal year 1999, the performed on December 31, 1999. (a) AUTHORITY.—Section 1102(a) (22 U.S.C. Panama Canal Commission may expend from (c) NONAPPLICABILITY TO AGENCIES IN PANAMA 3612(a)) is amended— funds in the Panama Canal Revolving Fund not OTHER THAN PANAMA CANAL COMMISSION.—Sec- (1) by striking out the first sentence and in- more than $100,000 for official reception and tion 1212(b)(3) (22 U.S.C. 3652(b)(3)) is amended serting in lieu thereof the following: ‘‘The Com- representation expenses, of which— by striking out ‘‘the Panama Canal Transition mission shall be supervised by a Board composed (1) not more than $28,000 may be used for offi- Facilitation Act of 1997’’ and inserting in lieu of nine members, one of whom shall be an officer cial reception and representation expenses of thereof ‘‘the Panama Canal Transition Facilita- of the Department of Defense. The officer of the the Supervisory Board of the Commission; tion Act of 1997 (subtitle B of title XXXV of Department of Defense who shall serve on the (2) not more than $14,000 may be used for offi- Public Law 105–85; 110 Stat. 2062), or the Pan- Board shall be designated by the Secretary of cial reception and representation expenses of ama Canal Commission Authorization Act for Defense and may continue to serve on the Board the Secretary of the Commission; and Fiscal Year 1999’’. only while continuing to serve as an officer of (3) not more than $58,000 may be used for offi- SEC. 3508. CENTRAL EXAMINING OFFICE. the Department of Defense.’’; and cial reception and representation expenses of (a) REPEAL.—Section 1223 (22 U.S.C. 3663) is (2) in the last sentence, by striking out ‘‘Sec- the Administrator of the Commission. repealed. retary of Defense or a designee of the Secretary H8196 CONGRESSIONAL RECORD — HOUSE September 22, 1998 of Defense’’ and inserting in lieu thereof ‘‘the showcase United States technology, industrial chlorinated biphenyls, after the conveyance of officer of the Department of Defense designated products, and services. the vessel, except for claims arising before the by the Secretary of Defense to be a member of (b) TERMS OF CONVEYANCE.— date of the conveyance or from use of the vessel the Board’’. (1) DELIVERY OF VESSEL.—In carrying out by the Government after that date; (b) REPEAL OF SUPERSEDED PROVISION.—Sec- subsection (a), the Secretary shall deliver the (E) the recipient provides sufficient evidence tion 302 of Public Law 105–18 (111 Stat. 168) is vessel— to the Secretary that it has adequate financial repealed. (A) at the place where the vessel is located on resources in the form of cash, liquid assets, or a SEC. 3512. TECHNICAL AMENDMENTS. the date of conveyance; written loan commitment to complete the recon- (a) PANAMA CANAL ACT OF 1979.—The Pan- (B) in its condition on that date; and struction of the vessel; and ama Canal Act of 1979 is amended as follows: (C) at no cost to the United States Govern- (F) with respect to the vessel, the recipient re- (1) Section 1202(c) (22 U.S.C. 3642(c)) is ment. mains subject to all laws and regulations gov- amended— (2) REQUIRED CONDITIONS.—The Secretary erning the export of military items, including (A) by striking out ‘‘the day before the date of may not convey a vessel under this section un- the requirements administered by the Depart- the enactment of the Panama Canal Transition less— ment of State regarding export licenses and cer- Facilitation Act of 1997’’ and inserting in lieu (A) competitive procedures are used for sales tification of nontransfer end use. thereof ‘‘November 17, 1997,’’; under this section; (3) ADDITIONAL TERMS.—The Secretary may (B) by striking out ‘‘on or after that date’’; (B) the vessel is sold for not less than the fair require such additional terms in connection with and market value of the vessel in the United States, a conveyance authorized by this section as the (C) by striking out ‘‘the day before the date of as determined by the Secretary of Transpor- Secretary considers appropriate. enactment’’ and inserting in lieu thereof ‘‘that tation; (c) PROCEEDS.—Any amounts received by the date’’. (C) the recipient agrees that any repair, ex- United States as proceeds from the sale of a ves- (2) Section 1212(b)(3) (22 U.S.C. 3652(b)(3)) is cept for emergency repairs, restoration, or re- sel under this section shall be deposited in the amended by inserting ‘‘the’’ after ‘‘by the head construction work for the vessel will be per- Vessel Operations Revolving Fund established of’’. formed in the United States; by section 801 of the Act of June 2, 1951 (65 Stat. (3) Section 1313 (22 U.S.C. 3723) is amended by (D) the recipient agrees to hold the Govern- 59; 46 U.S.C. App. 1241a) and shall be available striking out ‘‘subsection (d)’’ in each of sub- ment harmless for any claims arising from expo- and expended in accordance with section 6(a) of sections (a), (b), and (d) and inserting in lieu sure to hazardous material, including asbestos the National Maritime Heritage Act (16 U.S.C. thereof ‘‘subsection (c)’’. and polychlorinated biphenyls, after the con- App. 5405(a)). (4) Sections 1411(a) and 1412 (22 U.S.C. veyance of the vessel, except for claims arising SEC. 3604. CLEARINGHOUSE FOR MARITIME IN- 3771(a), 3772) are amended by striking out ‘‘the before the date of the conveyance or from use of FORMATION. date of the enactment of the Panama Canal the vessel by the Government after that date; Of the amount authorized to be appropriated Transition Facilitation Act of 1997’’ and insert- and pursuant to section 3601(1) for operations of the ing in lieu thereof ‘‘by November 18, 1998’’. (E) the recipient provides sufficient evidence Maritime Administration, $75,000 may be avail- (5) Section 1416 (22 U.S.C. 3776) is amended by to the Secretary that it has adequate financial able for the establishment at a State Maritime striking out ‘‘the date of the enactment of the resources in the form of cash, liquid assets, or a Academy of a clearinghouse for maritime infor- Panama Canal Transition Facilitation Act of written loan commitment to complete the recon- mation that makes that information publicly 1997’’ and inserting in lieu thereof ‘‘by May 17, struction of the vessel. available, including by use of the Internet. 1998’’. (3) ADDITIONAL TERMS.—The Secretary may SEC. 3605. CONVEYANCE OF NDRF VESSEL EX-USS (b) PUBLIC LAW 104–201.—Effective as of Sep- require such additional terms in connection with LORAIN COUNTY. tember 23, 1996, and as if included therein as en- the conveyance authorized by this section as the (a) AUTHORITY TO CONVEY.—The Secretary of acted, section 3548(b)(3) of the Panama Canal Secretary considers appropriate. Transportation may convey all right, title, and Act Amendments of 1996 (subtitle B of title (c) PROCEEDS.—Any amounts received by the interest of the Federal Government in and to the XXXV of Public Law 104–201; 110 Stat. 2869) is United States as proceeds from the sale of the vessel ex-USS LORAIN COUNTY (LST–1177) to amended by striking out ‘‘section’’ in both items M/V BAYAMON shall be deposited in the Vessel the Ohio War Memorial, Inc., located in San- of quoted matter and inserting in lieu thereof Operations Revolving Fund established by sec- dusky, Ohio (in this section referred to as the ‘‘sections’’. tion 801 of the Act of June 2, 1951 (65 Stat. 59; ‘‘recipient’’), for use as a memorial to Ohio vet- 46 U.S.C. App. 1241a) and shall be available and erans. TITLE XXXVI—MARITIME expended in accordance with section 6(a) of the (b) TERMS OF CONVEYANCE.— ADMINISTRATION National Maritime Heritage Act (16 U.S.C. App. (1) DELIVERY OF VESSEL.—In carrying out Sec. 3601. Authorization of appropriations for 5405(a)). subsection (a), the Secretary shall deliver the fiscal year 1999. SEC. 3603. AUTHORITY TO CONVEY CERTAIN NA- vessel— Sec. 3602. Authority to convey National Defense TIONAL DEFENSE RESERVE FLEET (A) at the place where the vessel is located on Reserve Fleet vessel. VESSELS. the date of conveyance; Sec. 3603. Authority to convey certain National (a) AUTHORITY TO CONVEY.—The Secretary of (B) in its condition on that date; and Defense Reserve Fleet vessels. Transportation may convey all right, title, and (C) at no cost to the Federal Government. Sec. 3604. Clearinghouse for maritime informa- interest of the United States Government in and (2) REQUIRED CONDITIONS.—The Secretary tion. to the vessels BENJAMIN ISHERWOOD (TAO– may not convey a vessel under this section un- Sec. 3605. Conveyance of NDRF vessel ex-USS 191) and HENRY ECKFORD (TAO–192) to a less— LORAIN COUNTY. purchaser for the limited purpose of reconstruc- (A) the recipient agrees to hold the Govern- SEC. 3601. AUTHORIZATION OF APPROPRIATIONS tion of those vessels for sale or charter to a ment harmless for any claims arising from expo- FOR FISCAL YEAR 1999. North Atlantic Treaty Organization country for sure to hazardous material, including asbestos Funds are hereby authorized to be appro- full use as an oiler. and polychlorinated biphenyls, after convey- priated for fiscal year 1999, to be available with- (b) TERMS OF CONVEYANCE.— ance of the vessel, except for claims arising be- out fiscal year limitation if so provided in ap- (1) DELIVERY OF VESSEL.—In carrying out fore the date of the conveyance or from use of propriations Act, for the use of the Department subsection (a), the Secretary shall deliver the the vessel by the Government after that date; of Transportation for the Maritime Administra- vessel— and tion as follows: (A) at the place where the vessel is located on (B) the recipient has available, for use to re- (1) For expenses necessary for operations and the date of the conveyance; store the vessel, in the form of cash, liquid as- training activities, $70,553,000. (B) in its condition on that date; and sets, or a written loan commitment, financial re- (2) For expenses under the loan guarantee (C) at no cost to the United States Govern- sources of at least $100,000. program authorized by title XI of the Merchant ment. (3) ADDITIONAL TERMS.—The Secretary may require such additional terms in connection with Marine Act, 1936 (46 U.S.C. App. 1271 et seq.), (2) REQUIRED CONDITIONS.—The Secretary $20,000,000 of which— may not convey a vessel under this section un- the conveyance authorized by this section as the (A) $16,000,000 is for the cost (as defined in less— Secretary considers appropriate. section 502(5) of the Federal Credit Reform Act (A) competitive procedures are used for sales (c) OTHER UNNEEDED EQUIPMENT.—The Sec- of 1990 (2 U.S.C. 661a(5))) of loan guarantees under this section; retary may convey to the recipient of the vessel under the program; and (B) the vessel is sold for not less than the fair conveyed under this section any unneeded (B) $4,000,000 is for administrative expenses market value of the vessel in the United States, equipment from other vessels in the National related to loan guarantee commitments under as determined by the Secretary of Transpor- Defense Reserve Fleet, for use to restore the ves- the program. tation; sel conveyed under this section to museum qual- ity. SEC. 3602. AUTHORITY TO CONVEY NATIONAL DE- (C) the recipient agrees that any repair, ex- FENSE RESERVE FLEET VESSEL. cept for emergency repairs, restoration, or re- TITLE XXXVII—INCREASED MONITORING (a) AUTHORITY TO CONVEY.—The Secretary of construction work for the vessel will be per- OF PRODUCTS MADE WITH FORCED Transportation may convey all right, title, and formed in the United States; LABOR interest of the United States Government in and (D) the recipient agrees to hold the Govern- Sec. 3701. Authorization for additional customs to the vessel M/V BAYAMON (United States of- ment harmless for any claims arising from de- personnel to monitor the importa- ficial number 530007) to a purchaser for use as fects in the vessel or from exposure to hazardous tion of products made with forced a self-propelled floating trade exposition to material, including asbestos and poly- labor. September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8197 Sec. 3702. Reporting requirement on forced use in the manufacture or repair of Japanese, Sec. 3902. Authorization of appropriations for labor products destined for the United States, or other Asian automobiles. increased funding for Radio Free United States market. SEC. 3803. RE-ESTABLISHMENT OF INITIATIVE ON Asia and Voice of America broad- Sec. 3703. Renegotiating memoranda of under- AUTOMOTIVE PARTS SALES TO casting to China. standing on forced labor. JAPAN. Sec. 3903. Reporting requirement. SEC. 3701. AUTHORIZATION FOR ADDITIONAL (a) IN GENERAL.—The Secretary of Commerce SEC. 3901. SHORT TITLE. CUSTOMS PERSONNEL TO MONITOR shall re-establish the initiative to increase the This title may be cited as the ‘‘Radio Free THE IMPORTATION OF PRODUCTS sale of United States-made automotive parts and Asia Act of 1998’’. MADE WITH FORCED LABOR. accessories to Japanese markets. SEC. 3902. AUTHORIZATION OF APPROPRIATIONS There are authorized to be appropriated for (b) FUNCTIONS.—In carrying out this section, FOR INCREASED FUNDING FOR monitoring by the United States Customs Service the Secretary shall— RADIO FREE ASIA AND VOICE OF of the importation into the United States of (1) foster increased access for United States- AMERICA BROADCASTING TO CHINA. products made with forced labor, the importa- made automotive parts and accessories to Japa- (a) AUTHORIZATION OF APPROPRIATIONS FOR tion of which violates section 307 of the Tariff nese companies, including specific consultations RADIO FREE ASIA.— Act of 1930 or section 1761 of title 18, United (1) AUTHORIZATION OF APPROPRIATIONS.— on access to Japanese markets; States Code, $2,000,000 for fiscal year 1999. There are authorized to be appropriated for (2) facilitate the exchange of information be- SEC. 3702. REPORTING REQUIREMENT ON ‘‘Radio Free Asia’’ $22,000,000 for fiscal year tween United States automotive parts manufac- FORCED LABOR PRODUCTS DES- 1999. turers and the Japanese automobile industry; TINED FOR THE UNITED STATES (2) SENSE OF THE CONGRESS.—It is the sense of MARKET. (3) collect data and market information on the the Congress that a significant amount of the (a) REPORT TO CONGRESS.—Not later than one Japanese automotive industry regarding needs, funds under paragraph (1) should be directed year after the date of the enactment of this Act, trends, and procurement practices, including toward broadcasting to China and Tibet in the the Commissioner of Customs shall prepare and the types, volume, and frequency of parts sales appropriate languages and dialects. transmit to the Congress a report on products to Japanese automobile manufacturers; (b) AUTHORIZATION OF APPROPRIATIONS FOR made with forced labor that are destined for the (4) establish contacts with Japanese auto- INTERNATIONAL BROADCASTING TO CHINA.—In United States market. mobile manufacturers in order to facilitate con- addition to such sums as are otherwise author- (b) CONTENTS OF REPORT.—The report under tact between United States automotive parts ized to be appropriated to the United States In- subsection (a) shall include information con- manufacturers and Japanese automobile manu- formation Agency for ‘‘International Broadcast- cerning the following: facturers; ing Activities’’ for fiscal year 1999, there are au- (1) The extent of the use of forced labor in (5) report on and attempt to resolve disputes, thorized to be appropriated for ‘‘International manufacturing products destined for the United policies, or practices, whether public or private, Broadcasting Activities’’ $3,000,000 for fiscal States market. that result in barriers to increased commerce be- year 1999, which shall be available only for en- (2) The volume of products made with forced tween United States automotive parts manufac- hanced Voice of America broadcasting to China. labor, destined for the United States market, turers and Japanese automobile manufacturers; (c) AUTHORIZATION OF APPROPRIATIONS FOR that is in violation of section 307 of the Tariff (6) take actions to initiate periodic consulta- RADIO CONSTRUCTION.—In addition to such Act of 1930 or section 1761 of the title 18, United tions with officials of the Government of Japan sums as are otherwise authorized to be appro- States Code, and is seized by the United States regarding sales of United States-made auto- priated for ‘‘Radio Construction’’ for fiscal year Customs Service. motive parts in Japanese markets; and 1999, there are authorized to be appropriated for (3) The progress of the United States Customs (7) transmit to Congress the annual report ‘‘Radio Construction’’ $2,000,000 for fiscal year Service in identifying and interdicting products prepared by the Special Advisory Committee 1999, which shall be available only for construc- made with forced labor that are destined for the under section 3804(c)(5). tion in support of enhanced broadcasting to United States market. SEC. 3804. ESTABLISHMENT OF SPECIAL ADVI- China, including the timely augmentation of SEC. 3703. RENEGOTIATING MEMORANDA OF UN- SORY COMMITTEE ON AUTOMOTIVE transmitters at Tinian, the Commonwealth of DERSTANDING ON FORCED LABOR. PARTS SALES IN JAPANESE AND the Northern Mariana Islands. It is the sense of the Congress that the Presi- OTHER ASIAN MARKETS. SEC. 3903. REPORTING REQUIREMENT. dent should determine whether any country (a) IN GENERAL.—The Secretary of Commerce (a) REPORT.—Not later than 90 days after the with which the United States has a memoran- shall seek the advice of the United States auto- date of the enactment of this Act, the Broad- dum of understanding with respect to reciprocal motive parts industry in carrying out this title. casting Board of Governors shall prepare and trade which involves goods made with forced (b) ESTABLISHMENT OF COMMITTEE.—The Sec- submit to the appropriate congressional commit- labor is frustrating implementation of the memo- retary of Commerce shall establish a Special Ad- tees an assessment of the board’s efforts to in- randum. Should an affirmative determination be visory Committee for purposes of carrying out crease broadcasting by Radio Free Asia and made, the President should immediately com- this title. Voice of America to China and Tibet. This re- mence negotiations to replace the current memo- (c) FUNCTIONS.—The Special Advisory Com- port shall include an analysis of Chinese gov- randum of understanding with one providing mittee established under subsection (b) shall— ernment control of the media, the ability of for effective procedures for the monitoring of (1) report to the Secretary of Commerce on independent journalists and news organizations forced labor, including improved procedures to barriers to sales of United States-made auto- to operate in China, and the results of any re- request investigations by international monitors motive parts and accessories in Japanese and search conducted to quantify listenership. of worksites suspected to be in violation of any other Asian markets; (b) DEFINITION.—As used in this section, the such memorandum. (2) review and consider data collected on sales term ‘‘appropriate congressional committees’’ TITLE XXXVIII—FAIR TRADE IN of United States-made automotive parts and ac- means— AUTOMOTIVE PARTS cessories in Japanese and other Asian markets; (1) the Committee on Foreign Relations and Sec. 3801. Short title. (3) advise the Secretary of Commerce during the Committee on Appropriations of the Senate; Sec. 3802. Definitions. consultations with other governments on issues and Sec. 3803. Re-establishment of initiative on concerning sales of United States-made auto- (2) the Committee on International Relations automotive parts sales to Japan. motive parts in Japanese and other Asian mar- and the Committee on Appropriations of the Sec. 3804. Establishment Of Special Advisory kets; House of Representatives. Committee on automotive parts (4) assist in establishing priorities for the ini- And the Senate agree to the same. sales in Japanese and other Asian tiative established under section 3803, and oth- From the Committee on National Security, markets. erwise provide assistance and direction to the for consideration of the House bill and the Sec. 3805. Expiration date. Secretary of Commerce in carrying out the in- Senate amendment, and modifications com- SEC. 3801. SHORT TITLE. tent of that section; and mitted to conference: This title may be cited as the ‘‘Fair Trade in (5) assist the Secretary in reporting to Con- FLOYD SPENCE, Automotive Parts Act of 1998’’. gress by submitting an annual written report to BOB STUMP, SEC. 3802. DEFINITIONS. the Secretary on the sale of United States-made DUNCAN HUNTER, In this title: automotive parts in Japanese and other Asian JOHN R. KASICH, (1) JAPANESE MARKETS.—The term ‘‘Japanese markets, as well as any other issues with respect HERBERT H. BATEMAN, markets’’ refers to markets, including markets in to which the Committee provides advice pursu- JAMES V. HANSEN, the United States and Japan, where automotive ant to this title. CURT WELDON, parts and accessories, both original equipment (d) AUTHORITY.—The Secretary of Commerce JOEL HEFLEY, and aftermarket, are purchased for use in the shall draw on existing budget authority in car- JIM SAXTON, manufacture or repair of Japanese automobiles. rying out this title. STEVE BUYER, (2) JAPANESE AND OTHER ASIAN MARKETS.—The SEC. 3805. EXPIRATION DATE. TILLIE K. FOWLER, term ‘‘Japanese and other Asian markets’’ refers The authority under this title shall expire on JOHN M. MCHUGH, to markets, including markets in the United December 31, 2003. J.C. WATTS, Jr., States, Japan, and other Asian countries, where WILLIAM M. THORNBERRY, automotive parts and accessories, both original TITLE XXXIX—RADIO FREE ASIA SAXBY CHAMBLISS, equipment and aftermarket, are purchased for Sec. 3901. Short title. WALTER B. JONES, H8198 CONGRESSIONAL RECORD — HOUSE September 22, 1998

MICHAEL PAPPAS, As additional conferees from the Commit- RICK SANTORUM, BOB RILEY, tee on International Relations, for consider- OLYMPIA J. SNOWE, IKE SKELTON, ation of sections 233, 1021, 1043, 1044, 1201, PAT ROBERTS, NORMAN SISISKY, 1204, 1205, 1210, 1211, 1213, 1216, and Title XIII CARL LEVIN, JOHN M. SPRATT, Jr., of the House bill, and sections 326, 332, 1013, EDWARD M. KENNEDY, SOLOMON P. ORTIZ, 1041, 1042, 1074, 1084, 3506, 3601, 3602, and 3901– JEFF BINGAMAN, OWEN PICKETT, 3904 of the Senate amendment, and modifica- JOHN GLENN, LANE EVANS, tions committed to conference: ROBERT C. BYRD, GENE TAYLOR, BENJAMIN A. GILMAN, CHUCK ROBB, NEIL ABERCROMBIE, DOUG BEREUTER, JOSEPH I. LIEBERMAN, MARTIN T. MEEHAN, LEE H. HAMILTON, MAX CLELAND, JANE HARMAN, As additional conferees from the Committee Managers on the Part of the Senate. PAUL MCHALE, on International Relations, for consideration JOINT EXPLANATORY STATEMENT OF PATRICK J. KENNEDY, of sections 1207, 1208, 1209, and 1212 of the THE COMMITTEE OF CONFERENCE THOMAS H. ALLEN, House bill, and modifications committed to VIC SNYDER, conference: The managers on the part of the House and JAMES H. MALONEY, BENJAMIN A. GILMAN, the Senate at the conference on the disagree- As additional conferees from the Permanent DOUG BEREUTER, ing votes of the two Houses on the amend- Select Committee on Intelligence, for con- CHRISTOPHER H. SMITH, ment of the Senate to the bill (H.R. 3616) to sideration of matters within the jurisdiction DAN BURTON, authorize appropriations for fiscal year 1999 of that committee under clause 2 of rule DANA ROHRABACHER, for military activities of the Department of XLVIII: LEE H. HAMILTON, Defense, for military construction, and for PORTER J. GOSS, TOM LANTOS, defense programs of the Department of En- JERRY LEWIS, As additional conferees from the Committee ergy, to prescribe personnel strengths for NORM DICKS, on the Judiciary for consideration of sec- such fiscal year for the Armed Forces, and As additional conferees from the Committee tions 1045 and 2812 of the House bill and sec- for other purposes, submit the following on Banking and Financial Services, for con- tion 1077 of the Senate amendment, and joint statement to the House and the Senate sideration of section 1064 of the Senate modifications committed to conference: in explanation of the effect of the action amendment: HENRY J. HYDE, agreed upon by the managers and rec- JIM LEACH, ED BRYANT, ommended in the accompanying conference MICHAEL N. CASTLE, As additional conferees from the Committee report: JOHN J. LAFALCE, on Resources, for consideration of sections As additional conferees from the Committee The Senate amendment struck out all of 601, 2812, and 3404–3407 of the House bill, and on Commerce for consideration of sections the House bill after the enacting clause and section 601, 2828, and Title XXIX of the Sen- 601, 3136, 3151, 3154, 3201, 3401, 3403, 3404, 3405, inserted a substitute text. ate amendment and modifications commit- 3406, and 3407 of the House bill, and sections The House recedes from its disagreement ted to conference: 321, 601, 1062, 3133, 3140, 3142, 3144, 3201, and to the amendment of the Senate with an DON YOUNG, title XXXVIII of the Senate amendment, and amendment which is a substitute for the BILLY TAUZIN, modifications committed to conference: As additional conferees from the Committee House bill and the Senate amendment. The THOMAS J. BLILEY, Jr., on Science, for consideration of sections 3135 differences between the House bill, the Sen- DAN SCHAEFER, and 3140 of the Senate amendment, and ate amendment, and the substitute agreed to JOHN D. DINGELL, modifications committed to conference: in conference are noted below, except for Provided that Mr. Oxley is appointed in lieu F. JAMES SENSENBRENNER, clerical corrections, conforming changes of Mr. Dan Schaefer for consideration of sec- Jr., made necessary by agreements reached by tion 321 of the Senate amendment. KEN CALVERT, the conferees, and minor drafting and clari- MICHAEL G. OXLEY, GEORGE E. BROWN, Jr., fying changes. Provided that Mr. Bilirakis is appointed in As additional conferees from the Committee lieu of Mr. Dan Schaefer for consideration of SUMMARY STATEMENT OF CONFERENCE ACTION on Transportation and Infrastructure, for section 601 of the House bill, and section 601 consideration of sections 552, 601, 1411, and The conferees recommend authorizations of the Senate amendment. 1413 of the House bill, and sections 323, 601, for the Department of Defense for procure- MIKE BILIRAKIS, 604, and 1080 of the Senate amendment, and ment, research and development, test and Provided that Mr. Tauzin is appointed in lieu modifications committed to conference: evaluation, operation and maintenance, of Mr. Dan Schaefer for consideration of sec- BUD SHUSTER, working capital funds, military construction tion 1062 and Title XXXVIII of the Senate SHERWOOD BOEHLERT, and family housing, weapons programs of the amendment. BOB CLEMENT, Department of Energy, and the civil defense BILLY TAUZIN, As additional conferees from the Committee that have budget authority implications of As additional conferees from the Commit- on Veterans’ Affairs for consideration of sec- $270.5 billion. tee on Education and the Workforce, for con- tions 556 and 1046 of the House bill, and sec- sideration of sections 361, 364, 551, and 3151 of SUMMARY TABLE OF AUTHORIZATIONS tions 618, 619, 644, and 1082 of the Senate the House bill, and sections 522, 643, and 1055 amendment, and modifications committed to The defense authorization act provides au- of the Senate amendment, and modifications conference: thorizations for appropriations but does not committed to conference: CHRISTOPHER H. SMITH, generally provide budget authority. Budget TOM PETRI, MIKE BILIRAKIS, authority is provided in appropriations acts. FRANK RIGGS, CIRO D. RODRIGUEZ, In order to relate the conference rec- TIM ROEMER, As additional conferees from the Committee ommendations to the Budget Resolution, As additional conferees from the Commit- on Ways and Means, for consideration of Ti- matter in addition to the dollar authoriza- tee on Government Reform and Oversight, tles XXXVII and XXXVIII of the Senate tions contained in this bill must be taken for consideration of sections 368, 729, 1025, amendment, and modifications committed to into account. A number of programs in the 1042, and 1101–1106 of the House bill, and sec- conference: tions 346, 623, 707, 805, 806, 813, 814, 815, 816, defense function are authorized permanently PHILIP M. CRANE, 1101–1105, 3142, 3144, 3145, 3162–3172 and 3510 of or, in certain instances, authorized in other BILL THOMAS, the Senate amendment, and modifications annual legislation. In addition, this author- ROBERT T. MATSUI, committed to conference: ization bill would establish personnel levels Managers on the Part of the House. DAN BURTON, and include a number of legislative provi- JOHN L. MICA, STROM THURMOND, sions affecting military compensation. Provided that Mr. Horn is appointed in lieu JOHN WARNER, The following table summarizes authoriza- of Mr. Mica for consideration of section 368 JOHN MCCAIN, tions included in the bill for fiscal year 1999 of the House bill and sections 346, 623, 707, DAN COATS, and, in addition, summarizes the implica- 805, 806, 813, 814, 815, and 816 of the Senate BOB SMITH, tions of the conference action for the budget amendment. DIRK KEMPTHORNE, totals for national defense (budget function STEPHEN HORN, JIM INHOFE, 050). September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8199 H8200 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8201 H8202 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8203 H8204 CONGRESSIONAL RECORD — HOUSE September 22, 1998

CONGRESSIONAL DEFENSE COMMITTEES DIVISION A—DEPARTMENT OF DEFENSE fense. The House bill would authorize AUTHORIZATIONS $49,455.3 million. The Senate amendment The term ‘‘congressional defense commit- TITLE I—PROCUREMENT would authorize $49,856.5 million. The con- tees’’ is often used in this statement of the Procurement Overview ferees recommended an authorization of managers. It means the Defense Authoriza- $49,898.4 million. Unless noted explicitly in tion and Appropriations Committees of the The budget request for fiscal year 1999 con- tained an authorization of $49,109.6 million the statement of managers, all changes are Senate and House of Representatives. for Procurement in the Department of De- made without prejudice. September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8205 H8206 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8207 Overview Aircraft Procurement, Army in the Depart- conferees recommended an authorization of ment of Defense. The House bill would au- $1,396.0 million. Unless noted explicitly in The budget request for fiscal year 1999 con- thorize $1,420.8 million. The Senate amend- the statement of managers, all changes are tained an authorization of $1,325.9 million for ment would authorize $1,462.5 million. The made without prejudice. H8208 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8209 H8210 CONGRESSIONAL RECORD — HOUSE September 22, 1998 Airborne reconnaissance low AH–64 modifications The Senate amendment would authorize The budget request included $13.1 million The budget request included $52.9 million the budget request. for airborne reconnaissance low (ARL). for Apache helicopter modifications. The conferees agree to authorize an in- crease of $13.0 million to support accelera- The House bill would authorize an addi- The House bill and Senate amendment tion of the safety upgrade program. tional $35.0 million. Of this amount, $30.0 would authorize the budget request. million would be used to procure an addi- The conferees agree to authorize an in- Aircraft Survivability Equipment tional aircraft, and $5.0 million would be crease of $4.5 million, as follows: The budget request included $5.1 million used for a moving target indicator (MTI)/ (1) $3.0 million for the vibration manage- for aircraft survivability equipment. synthetic aperture radar (SAR) to upgrade a ment enhancement program; and The House bill would authorize an increase (2) $1.5 million for two engine upgrade kits previously fielded aircraft. of $7.4 million to upgrade aircraft surviv- and qualification of those kits. The Senate amendment would authorize ability equipment trainer IV (ASET IV) the budget request. CH–47 cargo helicopter modifications training systems with infrared surface-to-air The House recedes. The budget request included $101.2 million missile simulators and night vision cameras. for CH–47 Chinook helicopter modifications. The Senate amendment would authorize C–XX (medium range) aircraft The House bill would authorize a decrease the budget request. The budget request included no funds for of $12.7 million, as follows: The conferees agree to authorize an in- the UC–35 program. (1) $8.2 million for T55 engine conversion crease of $6.4 million to upgrade existing The House bill would authorize the budget kits; and ASET IV equipment and provide for an im- request. (2) $4.5 million for engine conversions to proved night time training capability. The Senate amendment would authorize an make them consistent with the number of Army airborne command and control system increase of $15.9 million for three additional engine fielding kits being procured. The budget request included $24.4 million aircraft. The Senate amendment would authorize for Army airborne command and control sys- The House recedes. the budget request. tem procurement. The conferees agree to a $12.7 million de- UH–60 Blackhawk The House bill would authorize a decrease crease for CH–47 modifications. The budget request included $243.8 million of $11.0 million. C–12 modifications for 22 UH–60s. The Senate amendment would authorize The House bill would authorize an increase The budget request included $2.7 million the budget request. of $66.4 million for eight additional UH–60s. for C–12 modifications. The conferees authorize a decrease of $24.4 The House bill would authorize an increase million for this program. The Senate amendment would authorize an of $7.0 million for avionics upgrades. increase of $78.5 million for eight additional Overview The Senate amendment would authorize an UH–60s. increase of $6.0 million for avionics upgrades. The budget request for fiscal year 1999 con- The conferees agree to authorize an in- The conferees agree to an increase of $6.5 tained an authorization of $1,205.8 million for crease of $66.4 million for eight additional million for avionics upgrades. Missile Procurement, Army in the Depart- UH–60 aircraft. The conferees understand ment of Defense. The House bill would au- that this amount is sufficient to procure OH–58D Kiowa Warrior thorize $1,232.3 million. The Senate amend- these additional aircraft and expect the The budget request included $40.4 million ment would authorize $1,171.5 million. The Army to request funding in future budget for OH–58D Kiowa Warrior safety upgrades. conferees recommended an authorization of submissions for advanced procurement re- The House bill would authorize an increase $1,228.2 million. Unless noted explicitly in quirements associated with future year pro- of $16.0 million to accelerate the aircraft the statement of managers, all changes are curements. safety upgrade program. made without prejudice. September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8211 H8212 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8213 Enhanced fiber optic guided missile The House bill would authorize the budget procure new launchers. The conferees have The budget request included $13.7 million request. learned that the Army has recently an- for enhanced fiber optic guided missile (E– The Senate amendment would authorize a nounced a change in MLRS force structure FOGM) procurement. decrease of $16.5 million, which would elimi- which will reduce the size of current MLRS The House bill would authorize a decrease nate the procurement of extended range battalions from 27 launchers per battalion to of $13.2 million and would eliminate procure- rockets due to excessively high component 18 launchers. When fully implemented, this ment of E–FOGM missiles. cost issues. action will make available sufficient MLRS The Senate amendment would authorize a The conferees agree to authorize a decrease launchers to complete the fielding of the re- decrease of $13.7 million and would eliminate of $16.5 million and eliminate procurement of maining 11 Corps artillery battalion in the procurement of E–FOGM missiles. MLRS rockets in fiscal year 1999. ARNG. The conferees note, however, that the The conferees agree to authorize a decrease Multiple launch rocket system launcher ‘‘cascading’’ of these MLRS launchers to the ARNG will require associated support items of $13.7 million and eliminate procurement of The budget request included $85.4 million E–FOGM missiles. of equipment (ASIOE) for which there is no for multiple launch rocket system (MLRS) funding currently available and that seven Javelin system launchers. MLRS battalions of ARNG heavy divisions The budget request included $320.0 million The House bill would authorize a total in- remain unfunded. crease of $40.0 million, as follows: to procure Javelin anti-tank missiles. Overview The House bill would authorize an increase (1) a decrease of $10.0 million for engineer- of $20.0 million to accelerate fielding. ing services; and The budget request for fiscal year 1999 con- (2) an increase of $50.0 million to procure The Senate amendment would authorize tained an authorization of $1,433.6 million for additional MLRS launchers for Army Na- the budget request. Weapons and Tracked Combat Vehicles Pro- tional Guard (ARNG) units. curement, Army in the Department of De- The conferees agree to authorize an in- The Senate amendment would authorize fense. The House bill would authorize $1,507.6 crease of $16.0 million for Javelin missile the budget request. million. The Senate amendment would au- systems. The conferees agree to authorize an in- thorize $1,439.1 million. The conferees rec- Multiple launch rocket system rockets crease of $45.0 million to continue mod- ommended an authorization of $1,507.6 mil- The budget request included $16.5 million ernization of ARNG MLRS battalions, of lion. Unless noted explicitly in the state- for the procurement of multiple launch rock- which $21.0 million is to be used for ASIOE ment of managers, all changes are made et system (MLRS) rockets. for two MLRS battalions and $24.0 million to without prejudice. H8214 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8215 H8216 CONGRESSIONAL RECORD — HOUSE September 22, 1998 Bradley base sustainment The House bill would authorize the budget The conferees agree to authorize an in- The budget request included $285.8 million request. crease of $3.0 million to procure 800 launcher for Bradley base sustainment. The Senate amendment would authorize an mounts for the MK–19. The House bill would authorize an increase increase of $6.5 million to stabilize M240 pro- of $75.0 million for modification of basic duction and meet warfighting requirements. Overview Bradley vehicles to the M2A2 operation The conferees agree to authorize an in- The budget request for fiscal year 1999 con- desert storm configuration for the Army Na- crease of $6.5 million for M240 machine gun tained an authorization of $1,008.9 million for tional Guard. requirements necessary to stabilize produc- The Senate amendment would support the tion rates. Ammunition Procurement, Army in the De- budget request. MK–19 grenade launcher partment of Defense. The House bill would The conferees agree to authorize an in- authorize $1,053.5 million. The Senate The budget request included $12.2 million crease of $70.0 million for Bradley A2 ODS for the MK–19 automatic grenade launcher. amendment would authorize $1,007.2 million. modifications for the Army National Guard. The House bill would authorize the budget The conferees recommended an authoriza- M240 machine gun request. tion of $1,016.3 million. Unless noted explic- The budget request included $6.5 million The Senate amendment would authorize an itly in the statement of managers, all for the procurement of M240 machine guns. increase of $3.0 million for launcher mounts. changes are made without prejudice. September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8217 H8218 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8219 H8220 CONGRESSIONAL RECORD — HOUSE September 22, 1998 M830A1 120mm tank ammunition verted to the XM908 obstacle demolition con- Overview figuration. The budget request included no funds for The budget request for fiscal year 1999 con- The conferees agree to authorize an in- procurement of M830A1 120mm tank ammu- tained an authorization of $3,198.8 million for crease of $15.0 million to procure 4,500 nition. Other Procurement, Army in the Depart- M830A1 rounds. ment of Defense. The House bill would au- The House bill would authorize an increase The conferees are aware that the Army has thorize $3,136.9 million. The Senate amend- of $10.0 million to procure M830A1 rounds. a requirement for more obstacle demolition ment would authorize $3,556.9 million. The The Senate bill would authorize an in- rounds. The conferees believe that the Army conferees recommended an authorization of crease of $15.0 million to procure 4,500 should undertake a thorough review of its re- $3,344.9 million. Unless noted explicitly in M830A1 rounds to replace a like number of quirement for these rounds and include them the statement of managers, all changes are war reserve M830A1’s which are being con- in its budget request for fiscal year 2000. made without prejudice. September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8221 H8222 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8223 H8224 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8225 H8226 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8227 H8228 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8229 High mobility multipurpose wheeled vehicles The House bill would authorize the budget million, for night vision equipment. Of this The budget request included $12.1 million request. amount, $9.0 million is for AN/PEQ–2A infra- for high mobility multipurpose wheeled vehi- The Senate amendment would authorize an red target pointers and $4.5 million is for AN/ cles (HMMWV). increase $61.9 million for Army National PEQ–4C infrared aiming lights. The House bill would authorize an increase Guard (ARNG) enhanced brigade require- Automated data processing equipment of $10.0 million for up-armored upgrade re- ments. The budget request included $130.7 million quirements. The conferees agree to authorize an in- for automated data processing equipment. The Senate amendment would authorize an crease of $50.0 million for SINCGARS re- The House bill would authorize a reduction increase of $65.7 million to maintain produc- quirements for the ARNG enhanced brigades. of $19.1 million. tion of vehicles necessary to support Army Area common user system modernization pro- The Senate amendment would authorize and Marine Corps plans to begin a fleet re- gram the budget request. placement program. The conferees agree to authorize a total The conferees agree to authorize an in- The budget request included $97.1 million decrease of $19.1 million for the joint com- crease of $65.7 million for new HMMWV pro- for area common user system (ACUS) modi- puter aided logistics system. duction. fications. The House bill would authorize the budget Land warrior Family of medium tactical vehicles request. The budget request included $51.4 million The budget request included $332.0 million The Senate amendment would authorize an for land warrior equipment procurement. for family of medium tactical vehicle trucks. increase of $47.8 million to support Army re- The House bill would authorize an increase The House bill would authorize the budget of $5.0 million for all-torso body armor. quirements to downsize system shelters. The Senate amendment would authorize request. The conferees agree to authorize an in- The Senate amendment would authorize an the budget request. increase of $88.0 million to sustain family of crease of $35.0 million for system downsizing The conferees are aware of a significant medium tactical vehicles (FMTV) produc- requirements. number of cost and technical problems asso- tion. Ground based common sensor ciated with this program. The conferees, The conferees agree to authorize an in- The budget request included $25.4 million therefore, agree to authorize no funds for crease of $42.5 million to support production for the ground based common sensor (GBCS). this program for fiscal year 1999 and further requirements and field critically needed The House bill would authorize a decrease direct the Secretary of the Army to review trucks to replace an aging fleet. of $11.2 million, as follows: program cost and technical issues. The con- Medium truck extended service program (1) A $9.7 million decrease for GBCS-light; ferees further direct the Secretary of the The budget request included $37.2 million and Army provide a report on future require- for the medium truck extend service pro- (2) A $1.5 million decrease because of dupli- ments and resolution of outstanding tech- gram (ESP). cate entries for the common modules elec- nical issues to the congressional defense The House bill would authorize the budget tronic intelligence system in the budget re- committees, no later than January 31, 1999. request. quest. Small pusher tug The Senate amendment would authorize an The Senate amendment would authorize The budget request included $4.3 million increase of $93.9 million. Of this amount, the budget request. for one small pusher tug. $30.0 million would be made available to The conferees agree to authorize a decrease The House bill would authorize an increase meet Army National Guard (ARNG) require- of $11.2 million for GBCS. of $4.3 million for two additional small push- ments. er tugs. The conferees agree to authorize an in- Joint surveillance and target attack radar sys- tem common ground system The Senate amendment authorized the crease of $20.0 million for ARNG medium budget request. truck rebuild requirements. The budget request included $87.2 million The conferees agree to authorize an in- High mobility multipurpose wheeled vehicle ex- for Army joint surveillance and target at- crease of $4.3 million for two additional tended service program tack radar system (JSTARS) common small pusher tugs. The budget request included $24.8 million ground equipment. Training devices, nonsystem The House bill would authorize an increase for the high mobility multipurpose wheeled The budget request included $56.8 million vehicle (HMMWV) extended service program of $10.0 million for 24 JSTARS workstations. for nonsystem training devices. (ESP). The Senate amendment would authorize The House bill would authorize an increase The House bill would authorize a decrease the budget request. of $4.0 million for four fire fighter trainers. of $24.8 million in response to Army plans to The conferees agree to authorize an in- The Senate amendment would authorize a field new vehicles. crease of $3.0 million for seven additional decrease of $16.1 million for the MILES 2000 The Senate amendment would authorize JSTARS workstations. program. the budget request. Joint tactical terminal The conferees agree to authorize an in- The conferees agree to authorize no funds The budget request included $6.5 million in crease of $4.0 million for fire fighter training for this program and support the Army re- Other Procurement, Army for integrated devices and an increase of $5.0 million for en- quest for additional funding necessary for broadcast terminal modifications, and $5.7 gagement skills trainers. new vehicle production. million in Other Procurement, Air Force for Simulation network/close combat tactical trainer Project management support intelligence communications equipment. The budget request included $113.9 million The budget request included $2.4 million The House bill would authorize an increase for simulation network (SIMNET) close com- for project management support. of $5.0 million for the Army, and $3.0 million bat tactical trainer (CCTT). The House bill and the Senate amendment for the Air Force, to reduce delivery delays The House bill would authorize a decrease would authorize a decrease of $1.0 million. for intelligence broadcast transceivers of $29.4 million, as follows: The conferees agree to authorize a decrease caused by contract protests that have since (1) $17.0 million for modules and sight of $1.0 million for project management sup- been resolved. equipment; port. The Senate amendment would authorize (2) $ 2.4 million for commercial trainers; System fielding support the budget request. and The budget request included $4.2 million The Senate recedes. (3) $10.0 million for commercial image gen- for system fielding support. Shortstop electronic protection system erators. The House bill would authorize a decrease The Senate amendment would authorize of $1.2 million. The budget request included no funds for the budget request. The Senate amendment would authorize a the Shortstop system. The conferees agree to authorize a decrease decrease of $1.0 million. The House bill would authorize an increase of $29.4 million. The conferees agree to authorize a decrease of $15.0 million for Shortstop electronic pro- R2000 engine flush system of $1.0 million for system fielding support. tection systems. The Senate amendment would authorize The budget request included no funds for Army data distribution system the R2000 engine flush system. The budget request included $24.0 million the budget request. The House bill would authorize an increase The conferees agree to authorize an in- for the Army data distribution system. of $5.0 million for this equipment. The House bill would authorize an increase crease of $13.0 million to procure additional The Senate amendment would authorize of $5.0 million. Shortstop electronic protection systems. the budget request. The Senate amendment would authorize an Night vision The conferees agree to authorize an in- increase of $28.0 million for both active and The budget request included $29.6 million crease of $5.0 million for the R2000 engine reserve component requirements for en- for night vision equipment. flush system. hanced position location reporting systems The House bill would authorize an increase Overview (EPLRS) necessary to meet Army of $9.0 million for AN/PEQ–2A infrared target The budget request for fiscal year 1999 con- digitization requirements. pointers. tained an authorization of $7,466.7 million for The conferees agree to authorize an in- The Senate amendment would authorize an Aircraft Procurement, Navy in the Depart- crease of $28.0 million for EPLRS require- increase of $13.5 million, as follows: ment of Defense. The House bill would au- ments. (1) $9.0 million for AN/PEQ–2A infrared tar- thorize $7,420.8 million. The Senate amend- Single channel ground and airborne radio sys- get pointers; and ment would authorize $7,477.9 million. The tem (2) $4.5 million for AN/PEQ–4C infrared conferees recommended an authorization of The budget request included $13.2 million aiming lights. $7,642.2 million. Unless noted explicitly in for the single channel ground and airborne The conferees agree to authorize an in- the statement of managers, all changes are radio system (SINCGARS). crease of $43.1 million, an increase of $13.5 made without prejudice. H8230 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8231 H8232 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8233 H8234 CONGRESSIONAL RECORD — HOUSE September 22, 1998 AV–8B thorization for additional band 9/10 transmit- The House bill would authorize an increase The budget request included $300.2 million ters would allow the contractor to modify of $22.0 million to procure LESPA, including for the AV–8B remanufacturing program. those transmitters to permit the transmit- $15.0 million for the P–3 and $7.0 million for The House bill would authorize a decrease ters to jam in the adjoining frequency range, the E–2C. of $3.2 million. band 7/8 (called ‘‘modified band 9/10 transmit- The Senate amendment would authorize The Senate amendment would authorize ters’’). the budget request. the budget request. F–14 Series The conferees agree to authorize an in- The conferees agree to authorize a decrease The budget request included $223.7 million crease of $14.0 million to procure LESPA, in- of $3.2 million. for the F–14 Series aircraft. cluding $10.0 million for the P–3 and $4.0 mil- F/A–18E/F The House bill would authorize a decrease lion for the E–2C. of $7.3 million due to excessive cost growth The budget request included $2,876.1 mil- E–6 modifications lion for the F/A–18E/F. related to structural improvements. The Senate amendment would authorize an The House bill would authorize a decrease The budget request included $64.6 million increase of $8.0 million for acceleration of of $204.7 million and would reduce the fiscal for E–6 modifications. the precision strike upgrade. year 1999 production from 30 aircraft to 27 The conferees agree to authorize an in- The House bill would authorize a decrease aircraft. crease of $0.7 million to accelerate the preci- of the budget request by $4.6 million. The Senate amendment would authorize sion strike upgrade, and believe that the De- The Senate amendment would authorize the budget request. partment of Defense can meet requirements the budget request. The conferees agree to authorize produc- for structural improvements within the pro- tion of 30 aircraft and to a decrease of $14.0 The conferees would authorize the budget vided amount. million from the budget request. request. ES–3 Series Modifications V–22 Common ground equipment The budget request included $5.2 million The budget request included $610.8 million for ES–3 modifications. The budget request included $330.9 million to procure seven V–22 tilt-rotor aircraft and The House bill would authorize a decrease for common ground equipment. $54.0 million for advance procurement of 10 of $5.2 million for this program based on a aircraft in fiscal year 2000. The House bill would authorize a decrease Navy decision to retire the ES–3 aircraft. of $15.4 million. The House bill would authorize a net in- The Senate amendment would authorize The Senate amendment would authorize crease of $64.0 million, including an increase the budget request. of $78.0 million for the procurement of one The conferees agree to authorize a decrease the budget request. additional aircraft and a decrease of $14.0 of $5.2 million. The conferees agree to authorize a decrease million for particular ground support equip- F–18 series modifications of $11.9 million due to unjustified predicted ment. price increases for consolidated automated The budget request included $198.0 million The Senate amendment would authorize support systems. the budget request. for the F–18 series aircraft. The House bill would authorize a decrease The conferees agree to authorize an in- Aircraft industrial facilities of $3.9 million. crease of $78.0 million for the procurement of The Senate amendment would authorize The budget request included $13.7 million one additional aircraft. the budget request. for aircraft industrial facilities. JPATS The conferees agree to authorize a decrease The House bill would authorize a decrease The budget request included no funds for of $3.9 million. of $1.8 million. the naval version of the T–6A. P–3C antisurface warfare improvement program The Senate amendment would authorize The House bill would authorize an increase The budget request included $120.7 million the budget request. of $12.2 million for four aircraft for the Navy. for the procurement of P–3C antisurface war- The conferees agree to authorize a decrease The Senate amendment would authorize fare improvement program (AIP) kits and for of $1.8 million for aircraft industrial facili- the budget request. associated installation, logistics support, en- ties based on an unjustified increase for care- The conferees agree to authorize the budg- gineering change proposals and training. taker maintenance. et request. The House bill would authorize the budget EA–6 Series modifications request. Overview The budget request included $75.7 million The Senate amendment would authorize an The budget request for fiscal year 1999 con- for various EA–6 series modifications. increase of $12.2 million for procurement of tained an authorization of $1,327.5 million for The House bill would authorize an increase P–3C AIP kits. Weapons Procurement, Navy in the Depart- of $39.0 million for the band 9/10 transmitter/ The conferees agree to authorize an in- ment of Defense. The House bill would au- receiver upgrade. crease of $12.2 million. thorize $1,192.2 million. The Senate amend- The Senate amendment would authorize Lightweight environmentally sealed parachute ment would authorize $1,366.0 million. The the budget request. assembly conferees recommended an authorization of The conferees agree to authorize an in- The budget request included no funds for $1,223.9 million. Unless noted explicitly in crease of $25.0 million for band 9/10 transmit- the lightweight environmentally sealed the statement of managers, all changes are ter/receivers and note that the timely au- parachute assembly (LESPA). made without prejudice. September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8235 H8236 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8237 H8238 CONGRESSIONAL RECORD — HOUSE September 22, 1998 Tactical Tomahawk Penguin missile program The Senate amendment would authorize The budget request included $66.7 million The budget request included no funds for the budget request. in PE 24229N for Tomahawk operational sys- procurement of Penguin missiles. The conferees agree to authorize a decrease tem development, $129.8 million in Weapons The Senate amendment would authorize an of $2.2 million due to the projected excessive Procurement, Navy (WPN) for the Toma- increase of $7.5 million for procurement of unit cost growth of installation kits. hawk missile remanufacture program, $90.2 Penguin missiles to satisfy outstanding in- Close-in weapon system surface mode upgrade million in Other Procurement, Navy (OPN) ventory objectives for both the tactical and for surface Tomahawk support equipment, telemetry variants of the missle. The budget request included no funds for and $117.1 million in Operation and Mainte- The House bill would authorize the budget procurement of Phalanx surface mode nance, Navy (O&M, N) for the Tomahawk request. (PSUM) upgrade kits for the close-in weapon baseline improvement program (TBIP). The conferees agree to authorize the budg- system (CIWS). The House bill would authorize an increase et request. The House bill would authorize an increase of $98.6 million in PE 24229N for tactical Aerial targets of $4.0 million for procurement and installa- Tomahawk, an increase of $2.8 million in The budget request included $75.5 million tion of the surface mode upgrade kits for am- OPN for TBIP, a decrease of $96.5 million in for aerial targets. phibious ships. WPN, and a decrease of $4.9 million in The House bill would authorize a decrease The Senate amendment would authorize an O&M,N for TBIP. of $2.7 million. increase of $10.0 million for procurement and The Senate amendment would authorize The Senate amendment would authorize installation of the surface mode upgrade. the budget request. the budget request. The conferees agree to authorize an in- The conferees agree to authorize a $96.5 The conferees agree to authorize a decrease crease of $10.0 million for procurement and million decrease for Tomahawk missile of $2.7 million. installation of the surface mode upgrade. WPN, a $98.6 million increase in PE 24229N Improved tactical air launched decoy Surface ship gun mount rotatable pool for tactical Tomahawk, and a $4.9 million de- The budget request included $300,000 for The budget request included $900,000 for crease in O&M, N for TBIP. drones and decoys. procurement and installation of safety shock The House bill would authorize the budget Advanced medium range air-to-air missile ordnance alterations to the 5-inch 54 gun in- request. The budget request included $62.6 million stalled on surface combatants. The Senate amendment would authorize an for 115 advanced medium range air-to-air increase of $10.0 million for 70 improved tac- The House bill would authorize the budget missiles (AMRAAM). tical air launched decoys (ITALD). request. The House bill and the Senate amendment The conferees agree to authorize an in- The Senate amendment would authorize an would authorize the budget in Navy crease of $10.0 million. increase of $15.0 million for test facility AMRAAM procurement request. Weapons industrial facilities preparation, procurement of long lead mate- The conferees understand that the recent rials and establishment of a 5-inch 54 Mod 4 merger of the two competing prime contrac- The budget request included $27.3 million rotatable gun pool as part of the cruiser con- tors produced savings of $7.0 million in the for capital type rehabilitation projects at version program which begins in fiscal year production of the AMRAAM for the Navy. government-owned contractor operated 2001. weapons industrial facilities. The conferees agree to authorize a decrease The conferees agree to authorize an in- The House bill would authorize a decrease of $7.0 million. crease of $8.0 million for the establishment of $2.8 million. Standard missile The Senate amendment would authorize of a 5-inch 54 Mod 4 rotatable gun pool. The budget request included $225.7 million the budget request. Overview for 70 Block III and 45 Block IV Standard The conferees agree to authorize a decrease The budget request for fiscal year 1999 con- missiles. of $2.8 million based on unjustified environ- tained an authorization of $429.5 million for The House bill would authorize a $20.0 mil- mental cost increases. Ammunition Procurement, Navy and Marine lion decrease based on a 41 percent increase Mk-48 torpedo advanced capability torpedo Corps in the Department of Defense. The in support costs, despite the fact that the modifications House bill would authorize $452.0 million. total number of missiles would only increase The budget request included $52.8 million The Senate amendment would authorize by 15 percent from the fiscal year 1998 level. for procurement and installation of modi- $475.5 million. The conferees recommended The Senate amendment would authorize fications for the Mk-48 advanced capability an authorization of $463.3 million. Unless the budget request. torpedo. noted explicitly in the statement of man- The conferees agree to authorize a decrease The House bill would authorize a decrease agers, all changes are made without preju- of $15.0 million for Standard missile support. of $2.2 million. dice. September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8239 H8240 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8241 Shoulder launched multi-purpose assault weap- The conferees agree to authorize an in- authorize $5,992.4 million. The Senate on crease of $17.0 million for maintaining the amendment would authorize $6,049.3 million. The budget request included $21.3 million program initiated last year to repair SMAW The conferees recommended an authoriza- for rockets, all type. High Explosive Dual Purpose rounds cur- tion of $6,033.5 million. Unless noted explic- The House bill would authorize an increase rently restricted from use. itly in the statement of managers, all of $17.0 million, in this account, for the Overview changes are made without prejudice. shoulder launched multi-purpose assault weapon (SMAW). The budget request for fiscal year 1999 con- The Senate amendment would authorize an tained an authorization of $6,252.7 million for increase of $18.0 million, in this account, for Shipbuilding and Conversion, Navy in the the SMAW. Department of Defense. The House bill would H8242 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8243 H8244 CONGRESSIONAL RECORD — HOUSE September 22, 1998 LHD–8 advance procurement LMSR and the $251.4 million requested for The conferees agree to authorize a decrease The budget request included no funds for that purpose, but would provide that author- of $3.0 million due to ship delivery schedule LHD–8 advance procurement. ization for the NDSF account. slippages and the concomitant reduced re- The House bill would authorize an increase The conferees agree to authorize $251.4 mil- quirements. of $10.0 million for advance procurement of lion for the NDSF for construction of one Navy shipbuilding post delivery LHD–8. LMSR. The Senate amendment would authorize an The budget request included $123.3 million Landing craft air cushion service life extension increase of $50.0 million for advance procure- for new construction ships’ post delivery cor- program ment of long lead materials for the construc- rection of deficiencies. tion of LHD–8 in lieu of a future service life The budget request included no funds for The House bill would authorize a decrease extension program for LHA–1. landing craft air cushion (LCAC) service life of $8.3 million. The conferees agreed to authorize an in- extension program (SLEP). The Senate amendment would authorize crease of $50.0 million for advanced procure- The House bill and the Senate amendment the budget request. ment of long lead materials for the construc- would authorize an increase of $16.0 million The conferees agree to authorize a decrease tion of LHD–8 in lieu of a future service life for the service life extension of two LCAC’s. of $6.0 million. extension program for LHA–1. The conferees agree to authorize an in- Overview Strategic sealift crease of $16.0 million for LCAC SLEP. The budget request included $251.4 million Navy shipbuilding outfitting The budget request for fiscal year 1999 con- in the Shipbuilding and Conversion, Navy tained an authorization of $3,937.7 million for (SCN) account for one large medium-speed The budget request included $95.7 million Other Procurement, Navy in the Department roll-on/roll-off (LMSR) strategic sealift ship. for outfitting new construction Navy ships of Defense. The House bill would authorize Section 2218 of title 10, United States Code, with the initial equipment and spare parts $3,969.5 million. The Senate amendment establishes the National Defense Sealift required to operate. would authorize $4,040.0 million. The con- Fund (NDSF) to fund construction of sealift The House bill would authorize a decrease ferees recommended an authorization of vessels. of $7.7 million. $4,043.0 million. Unless noted explicitly in The House bill and the Senate amendment The Senate amendment would authorize the statement of managers, all changes are would authorize the procurement of one the budget request. made without prejudice. September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8245 H8246 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8247 H8248 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8249 H8250 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8251 H8252 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8253 H8254 CONGRESSIONAL RECORD — HOUSE September 22, 1998 Other generators grades to bring them into electronic chart process will be: (1) development of a single The budget request included $9.6 million display information systems (ECDIS–N) com- common combat direction system equipment for the procurement and installation of var- pliance. and computing architecture that will be able ious generators. The conferees agree to authorize an in- to adapt to technology changes more effi- The House bill and the Senate amendment crease of $9.0 million for AN/BPS–15(H) soft- ciently; and (2) establishment of an enhanced would authorize the budget request. ware and hardware upgrades for ECDIS–N shore based testing capability that will allow The conferees agree to authorize a decrease compliance. force level interoperability testing ashore, of $1.2 million for the generator installation Submarine acoustic rapid commercial off-the- before deployment of new system capabili- that was requested one fiscal year before the shelf insertion ties to the fleet. requirement. The budget request included $70.0 million The conferees believe that the Navy has The conferees note that the generator that for submarine acoustic rapid commercial off- not yet fully assessed the magnitude of the was requested for procurement and installa- the-shelf insertion (A–RCI). CEC/combat direction system interoper- tion in fiscal year 1999 will not be received The House bill would authorize the budget ability problem and its effect on other devel- for installation until fiscal year 2000. request. opment programs or on the fleet. Additional system development may be required as the AN/WSN–7 inertial navigation system and The Senate amendment would authorize an Navy assesses and defines the overall mag- WQN–2 doppler sonar velocity log increase of $25.0 million to accelerate the in- troduction of A–RCI to the operating fleet. nitude of the system interoperability and The budget request included $21.8 million The conferees agree to authorize an in- software maturity problems. Clear and un- for procurement of AN/WSN–7 ring laser in- crease of $15.0 million to accelerate the in- ambiguous system integration responsibil- ertial navigation systems. The budget re- troduction of A–RCI to the operating fleet. ities and accountability for management of quest included no funds for procurement of Cooperative engagement capability the program to resolve the problems are re- WQN–2 doppler sonar velocity log. quired. The budget request included $47.3 million The House bill would authorize an increase The conferees agree to authorize an in- for procurement and installation of four co- of $12.0 million for the procurement and in- crease of $26.0 million in PE 63658N for re- operative engagement capability (CEC) sys- stallation of additional AN/WSN–7 naviga- search and development and an increase of tems and $131.6 million in PE 63658N for CEC tion sets, an increase of $6.0 million for pro- $35.0 million in Other Procurement, Navy for demonstration and validation. Within the curement and installation of WQN–2, and an procurement of CEC systems. increase of $2.5 million to test and evaluate amount requested in PE 63658N, $38.8 million The conferees understand that the Navy a second version for possible future produc- was included for identification and resolu- may need to realign fiscal year 1999 CEC tion competition for WQN–2. tion of interoperability problems in the E–2C funding to implement a program to resolve The Senate amendment would authorize an aircraft. the interoperability problems. Should the The House bill would authorize an increase increase of $12.0 million for the procurement Navy’s assessment of the program require- of $35.0 million for procurement and installa- and installation of additional AN/WSN–7 ments indicate that realignment is nec- tion of five additional CEC systems to meet navigation sets. essary, the conferees encourage the Sec- training and operational requirements. The The conferees agree to authorize an in- retary of Defense to submit a reprogram- House bill would also authorize an increase crease of $12.0 million to the budget request ming request promptly to the congressional of $20.0 million to correct deficiencies discov- for the procurement and installation of addi- defense committees. ered during the initial operational test and tional AN/WSN–7 navigation sets and an in- Given the seriousness of the interoper- evaluation of the system, and support follow- crease of $6.0 million for procurement and in- ability problems and the potential effects on on testing in preparation for the interoper- stallation of WQN–2. numerous other important Navy and Defense ability test that would involve two carrier Pollution control equipment programs, the conferees direct the Secretary battle groups. It would also authorize an in- of the Navy to report to the congressional The budget request included $28.0 million crease of $6.0 million for continued develop- defense committees at least quarterly on for Navy shore based operations to comply ment of the CEC test and evaluation system CEC/combat direction system interoper- with hazardous waste management and dis- and linking that system to the military test ability problems and planned solutions. posal requirements, and $149.7 million for and training ranges infrastructure. Navy shipboard operations to comply with The Senate amendment would authorize Integration and test facility command and con- certain oily waste and gray water discharge the budget request. trol initiative standards and provide for the conversion of During congressional review of the fiscal The budget request included no funds for chloroflorocarbon refrigerants. year 1999 budget request, the Navy advised upgrading capabilities at the Navy’s east The House bill would authorize a decrease the defense authorization committees of coast in-service engineering Space Warfare of $5.5 million for shore based operations and interoperability problems between the Ad- System Center (SWSC). $19.4 million for shipboard operations related vanced Combat Direction System Block 1 The Senate amendment would authorize an to Navy hazardous waste compliance activi- (the new combat direction system for large increase of $4.0 million for engineering de- ties. deck ships such as aircraft carriers) and the sign; hardware and software procurement; The Senate amendment would authorize AEGIS Baseline 6 software (which includes and installation, testing, and documentation the budget request to meet Navy shore based the CEC). These problems occurred during of the additional technical networking infra- and shipboard hazardous waste compliance operational test and evaluation of the ACDS structure for continued development of the requirements. Block 1 system, and resulted in the Com- SWSC’s Integrated Products Center. Of this The conferees agree to authorize a decrease mander, Operational Test and Evaluation amount, $2.0 million would be for procure- of $5.5 million for shore based operations and Force, declaring that the ACDS Block 1 sys- ment and $2.0 million would be for operation $19.4 million for shipboard operations related tem was not operationally suitable or effec- and maintenance. to Navy hazardous waste compliance activi- tive for deployment with the fleet and that The House bill would authorize the budget ties. The conferees direct the Navy to pro- interoperability problems were exacerbated request. vide adequate support and justification for by the CEC. Fleet reports have also indicated The House recedes. future funding requests related to its envi- similar interoperability problems. In addi- Ship communications items ronmental compliance obligations. tion, ongoing developmental testing of the The budget request included $24.2 million AEGIS Baseline 6 Phase I software during Hull, mechanical, and electrical under $2.0 mil- for procurement and installation of ship early 1998 indicated that the software was lion communications equipment that has a cost The budget request included $58.1 million immature. The conferees view these and previously less than $2.0 million. for procurement and installation of hull, me- identified relay aircraft interoperability The House bill would authorize a decrease chanical, and electrical equipment that cost problems and their effect on the fleet, the of $1.9 million. less than $2.0 million. The Senate amendment would authorize CEC, ship self defense, and Navy theater bal- The House bill would authorize a decrease the budget request. listic missile defense programs with great of $3.1 million. The conferees agree to authorize a decrease concern. The conferees recognize that the The Senate amendment would authorize of $1.9 million based on unjustified unit cost problems may result in part from efforts to the budget request. growth of installation kits. accelerate the CEC program by shortcutting The conferees agree to authorize a decrease a systematic process for software develop- AN/USC–42 mini-demand assigned multiple ac- of $2.1 million based on unjustified unit cost ment, verification, and validation. To re- cess ultra-high frequency satellite commu- growth in air conditioners. solve these problems, the conferees have nications terminals AN/BPS–15H surface search radar been advised that the Navy is developing a The budget request included $145.2 million The budget request included no funds for program that will focus on interoperability for SATCOM ship terminals, but no funds for the procurement of AN/BPS–15H submarine issues to support carrier battle group deploy- AN/USC–42 mini-demand assigned multiple radar navigation sets. ments and for the longer-term, a force level access ultra-high frequency satellite commu- The House bill and the Senate amendment process to coordinate requirements, develop- nications terminals. would authorize an increase of $9.0 million ment, investments, and installation of new The House bill would authorize an increase for AN/BPS–15(H) software and hardware up- system capabilities in the fleet. Key to the of $10.0 million to procure mini-DAMA UHF September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8255 SATCOM terminals and associated spare The House bill and the Senate amendment The conferees agree to authorize a decrease parts. would authorize the budget request. The con- of $5.0 million due to lack of justification for The Senate amendment would authorize ferees note that pricing and quantity a budget increase. the budget request. changes totaling a net decrease of $2.2 mil- NULKA assembly qualification The conferees agree to authorize an in- lion were made after submission of the budg- crease of $10.0 million for mini-DAMA UHF et request. The budget request included $21.5 million SATCOM terminals and associated spare The conferees agree to authorize a decrease for procurement and installation of the parts. of $2.2 million related to revised pricing and NULKA antiship missile decoy program. Joint engineering data management and infor- reductions in quantity of aircraft launch and The House bill would authorize the budget mation control system recovery equipment. request. The budget request included no funds for Engagement systems support The Senate amendment would authorize an Joint Engineering Data Management and In- The budget request included $307,000 for increase of $1.0 million to outfit and qualify formation Control System (JEDMICS), the computer programs and documentation for a NULKA assembly facility in the United designated Department of Defense standard changes to ship engagement systems not States. system for management, control, and stor- supported elsewhere in the budget request. The conferees agree to authorize an in- age of engineering drawings. The House bill would authorize a decrease crease of $1.0 million to outfit and qualify a The Senate amendment would authorize an of $307,000. NULKA assembly facility in the United increase of $10.0 million for the continued se- The Senate amendment would authorize States. curity system procurement, integration and the budget request. accreditation surveys for the JEDMICS sys- Beamhit laser marksmanship training system The conferees agree to authorize a decrease (LMTS) tem. of $307,000 based on the availability of prior The House bill would authorize the budget year funds to meet this requirement. The budget request included $2.2 million request. for training support equipment, but included Smart ship equipment The conferees agree to authorize an in- no funds for the beamhit LMTS. crease of $8.0 million for JEDMICS security The budget request included $12.8 million The House bill would authorize an increase system procurement, integration, and ac- to procure and install proven smart ship of $5.0 million for the beamhit LMTS and en- creditation surveys. technology in operational Navy ships. courages the Secretary of Defense to exam- Weapons range support equipment The House bill would authorize the budget ine its utility for use throughout the Depart- The budget request included $8.1 million request. ment. The Senate amendment would authorize an for weapons range support. The Senate amendment would authorize increase of $12.0 million to procure and in- The House bill would authorize an increase the budget request. of $10.0 million to procure two mobile remote stall smart ship equipment in Arleigh Burke The Senate recedes. emitter simulator (MRES) systems for the class destroyers. Pacific Missile Range Facility and an in- The conferees agree to authorize an in- Overview crease of $10.0 million for Arleigh Burke crease of $5.0 million for a deployable The budget request for fiscal year 1999 con- class destroyer smart ship equipment pro- rangeless air combat training system tained an authorization of $745.9 million for curement and installation. (DRACTS). Marine Corps Procurement, Navy in the De- The Senate amendment would authorize Strategic missile systems equipment partment of Defense. The House bill would the budget request. The budget request included $283.6 million authorize $691.9 million. The Senate amend- The conferees agree to authorize an in- for strategic missile systems equipment. ment would authorize $908.6 million. The crease of $10.0 million. The House bill would authorize a decrease conferees recommended an authorization of Aircraft launch and recovery equipment of $5.0 million. $881.9 million. Unless noted explicitly in the The budget request included $39.7 million The Senate amendment would authorize statement of managers, all changes are made for aircraft launch and recovery equipment. the budget request. without prejudice. H8256 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8257 H8258 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8259 Modification kits—tracked vehicles Night vision equipment The House bill would authorize the budget The budget request included $5.7 million to The budget request included $11.6 million request. procure modification kits for Marine Corps for Marine Corps night vision equipment. The Senate amendment would authorize an tracked vehicles. The House bill would authorize the budget increase of $37.0 million to accelerate the re- The House bill would authorize the budget request. placement process. request. The Senate amendment would authorize an The conferees agree to authorize an in- The Senate amendment would authorize an increase of $11.1 million for night vision re- crease of $33.5 million to accelerate procure- increase of $4.6 million to meet Marine Corps quirements, as follows: ment of replacement HMMWVs. requirements to upgrade tanks with muzzle (1) $6.1 million for generation III tubes to boresight devices (MBD) and nuclear, bio- retrofit existing night vision equipment; Power equipment assorted logical, and chemical (NBBC) protection de- (2) $1.4 million for laser aiming modules; The budget request included $5.1 million to vices. (3) $2.6 million for medium power laser procure Marine Corps power generation The conferees agree to authorize an in- illuminators; and equipment. crease of $4.6 million to meet Marine Corps (4) $1.0 million for borelights. The House bill would authorize the budget requirements for MBD and NBC modifica- The Senate amendment would also authorize request. tions. an increase of $22.6 million in the Other Pro- The Senate amendment would authorize an 155MM lightweight towed howitzer curement, Navy account for OMNI IV retro- increase of $9.5 million to procure 1,311 gen- fit requirements in AN/AVS–6 night vision The budget request included $10.0 million erators necessary to support mobile com- for Marine Corps 155mm lightweight towed goggle systems. The conferees agree to authorize an in- mand, control, and communications power howitzer procurement. requirements. The House bill and the Senate amendment crease of $33.7 million for night vision equip- would authorize the budget request. ment, as follows: The conferees agree to authorize an in- The conferees agree to authorize no funds (1) $6.1 million for generation III tubes to crease of $9.5 million for tactically quiet for fiscal year 1999. The conferees note recent retrofit existing night vision equipment; generators necessary to meet Marine Corps actions taken by both the Marine Corps and (2) $1.4 million for laser aiming modules; requirements. the prime contractor for the lightweight (3) $2.6 million for medium power laser Shop equipment contact maintenance 155mm howitzer program to address signifi- illuminators; The budget request included $6.0 million to cant program deficiencies. The conferees (4) $1.0 million for borelights; and procure Marine Corps shop equipment con- continue to support this program and appre- (5) $22.6 million for OMNI IV retrofit re- tact maintenance (SECM) requirements. ciate Marine Corps efforts to keep Congress quirements in AN/AVS–6 night vision goggle informed on issues associated with the field- systems. The House bill would authorize a decrease ing of the lightweight 155mm howitzer. Ac- Communications and electronics infrastructure of $3.0 million. tions taken to date have resulted in a com- The budget request included $57.9 million The Senate amendment would authorize an plete change of contractor management staff for the procurement of communications and increase of $5.4 million to support the pro- and will likely result in a two-year delay for electronics infrastructure upgrades. curement and fielding of critically needed the program. As a result, procurement fund- The House bill would authorize the budget shop equipment contact maintenance re- ing requested for fiscal year 1999 is no longer request. quirements. required. The Senate amendment would authorize an The conferees agree to authorize an in- Pedestal mounted stinger increase of $79.1 million for communications crease of $5.4 million for SECM require- and electronics infrastructure requirements. The budget request included $0.2 million to ments. Of this amount, $64.1 would be for infrastruc- provide program support for fielded Marine ture upgrades and the remaining $15.0 mil- Material handling equipment Corps Avenger systems. The House bill would authorize the budget lion would be for procurement of computer The budget request included $6.5 million to request. workstations necessary to address the year procure Marine Corps material handling The Senate amendment would authorize an 2000 compliance issue. equipment. increase of $7.6 million to complete Marine The conferees agree to authorize an in- The House bill would authorize the budget Corps Avenger forward looking infrared up- crease of $64.0 million for the completion of request. Marine Corps infrastructure upgrade require- grades to existing sytems. The Senate amendment would authorize an ments. The conferees agree to authorize an in- increase of $10.4 million to allow the Marine crease of $5.2 million and an increase of $5.0 Medium tactical vehicle replacement Corps to leverage an existing contract to million, to support Avenger upgrade require- The budget request included $83.7 million begin replacement of its existing fleet. ments. to procure Marine Corps trucks. The conferees agree to authorize an in- Items less than $2.0 million (intelligence) The House bill would authorize a decrease crease of $1.9 million to accelerate procure- The budget request included no funds for of $9.8 million to reduce the number of truck ment of material handling equipment and items less than $2.0 million (intelligence). operator training devices procured prior to support Marine Corps deployment activities. The House bill would authorize an increase award of the low rate initial production con- Overview of $1.0 million for purchasing and evaluating tract. The Senate amendment would authorize commercial imagery manipulation tools, The budget request for fiscal year 1999 con- the budget request. state-of-the-art display devices, and high tained an authorization of $7,756.5 million for The conferees agree to authorize a decrease quality large format printers for field use. Aircraft Procurement, Air Force in the De- of $9.8 million for truck operator training de- The Senate amendment would authorize partment of Defense. The House bill would vices. the budget request. authorize $8,219.1 million. The Senate The conferees agree to authorize an in- Light tactical vehicle replacement amendment would authorize $8,280.8 million. crease of $1.0 million for the purpose of eval- The budget request included $39.3 million The conferees recommended an authoriza- uating commercial imagery manipulation to procure Marine Corps high mobility mul- tion of $8,350.6 million. Unless noted explic- tools, state-of-the-art display devices, and tipurpose wheeled vehicles (HMMWVs) to re- itly in the statement of managers, all high quality large format printers. place an aging fleet. changes are made without prejudice. H8260 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8261 H8262 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8263 H8264 CONGRESSIONAL RECORD — HOUSE September 22, 1998 F–22 procurement The House bill would authorize an increase The House bill would authorize an increase The budget request included $595.1 million of $60.0 million to buy two F–16 attrition re- of $461.4 million for an additional seven C– to procure the first two F–22 production air- serve aircraft. 130J aircraft. The Senate amendment would authorize craft. The Senate amendment would authorize an The House bill and the Senate amendment the budget request. would authorize the budget request. The conferees agree to authorize an in- increase of $381.1 million for an additional The conferees agree to authorize a decrease crease of $25.0 million for one F–16 attrition four C–130J aircraft, logistics support, and a of $14.0 million. reserve aircraft. simulator. F–16 C–130J The conferees agree to authorize a total of The budget request included no funds for The budget request included $63.8 million $482.6 million for seven C–130J aircraft and a F–16 aircraft. for the procurement of one C–130J aircraft. simulator, as follows: C–130 PROGRAMS [dollars in millions]

Budget request House bill Senate bill Conference agree- Type ment Quantity Amount Quantity Amount Quantity Amount Quantity Amount

KC–130J ...... — — 2 112.4 — — 2 112.4 WC–130J ...... — — 1 59.7 1 75.4 1 75.4 EC–130J ...... — — 1 51.5 1 85.0 1 85.0 C–130J ...... 1 63.8 1 63.8 1 63.8 1 63.8 C–130J ANG ...... — — 3 174.0 2 157.6 2 146.0 Total ...... 1 63.8 8 461.4 5 381.8 7 482.6 Note.—The $30.0 million simulator is included in the C–130J ANG totals.

C–130H The Senate amendment would authorize Airborne Reconnaissance Program (DARP), The budget request included $11.2 million the budget request. as shown in the following table: for the C–130H. The conferees agree to authorize a decrease The House bill would authorize a decrease of $2.6 million and direct that prior year Change from request of $11.2 million. funds be used to fulfill fiscal year 1999 re- Procurement item/ac- Budget Senate Conference The Senate amendment would authorize quirements for B–52 modifications. count request House agreement bill amend- the budget request. The conferees note that excess prior year ment The conferees agree to authorize the budg- funds remain available for obligation for B– EP–3: et request. 52 modifications. APN 28 ...... 5,437 ...... 8,937 Joint Primary Aircraft Training System F–15 modifications Displays ...... 3,000 ...... [1,500] Spares ...... 2,000 [2,000] The budget request included $107.1 million The budget request included $196.6 million RC–135: for the Joint Primary Aircraft Training Sys- for F–15 modifications. APAF 55 ...... 139,242 ...... 169,242 Re-engine ...... 56,000 [28,000] tem (JPATS). The House bill would authorize an increase TAWS ...... 12,000 [2,000] The House bill would authorize a decrease of $34.8 million, as follows: RC–135 Combat Sent: of $27.1 million, including a decrease of $36.2 (1) an increase of $20.0 million for engine OPAF 107 ...... 12,656 ...... 16,456 million for the ground based training system ESV/PCV ...... 3,800 ...... [3,800] upgrade kits; U–2: (GBTS), deferring its acquisition for one (2) an increase of $25.0 million for the ALQ– APAF 77 ...... 152,113 ...... 141,813 year, and an increase of $9.1 million for three 135 Band 1.5 program; and ASARS Transfer ...... (10,300) ...... [(10,300)] additional JPATS aircraft. RAS-1R Upgrades ...... 17,000 ...... (3) a decrease of $10.2 million for excessive CIGSS: The Senate amendment would authorize an cost growth. OPA 78a ...... 2,508 ...... 2,508 increase of $9.1 million for three additional The Senate amendment would authorize an OPN 67a ...... 65,827 ...... 65,827 JPATS aircraft. OPAF 106 ...... 5,681 ...... 5,681 increase of $50.0 million, as follows: PDW 7 ...... 74,016 (74,016) ...... The conferees agree to authorize a decrease (1) an increase of $25.0 million for engine ARGSS: of $4.9 million in the JPATS program, in- upgrade kits; and PDW 7 ...... 3,419 (3,419) ...... cluding of a decrease of $14.0 million for the PDW 9 ...... 11,988 3,419 ...... 15,407 (2) an increase of $25.0 million for the ALQ– Total ...... 398,871 (3,500) 87,000 425,871 training integration management system 135 Band 1.5 program. (TIMS) and an increase of $9.1 million for The conferees agree to authorize an in- Section 905 of the National Defense Au- three additional JPATS aircraft. crease of $45.0 million, as follows: thorization Act for Fiscal Year 1998 trans- E–8C Joint Surveillance and Target Attack (1) an increase of $20.0 million for engine ferred the program management responsibil- Radar System (JSTARS) upgrade kits; and ities of the Defense Airborne Reconnaissance The budget request included $578.2 million (2) an increase of $25.0 million for the ALQ– Office (DARO) to the military services, while two JSTARS aircraft. 135 Band 1.5 program. retaining Office of the Secretary of Defense The House bill would authorize a decrease F–16 modifications (OSD)–level oversight responsibilities for de- of $13.0 million. The budget request included $229.3 million termining airborne reconnaissance architec- The Senate amendment would authorize for F–16 modifications. ture and systems interface requirements. the budget request. The table reflects both transfers and ad- The conferees agree to authorize the budg- The House bill would authorize an increase justments made by the conferees. et request. of $5.1 million, as follows: (1) an increase of $12.0 million for the digi- EP–3 B–1B tal terrain system (DTS); and The budget request included $5.4 million The budget request included $91.6 million (2) a decrease of $6.9 million for poorly jus- for B–1B bomber modifications. for various modifications for EP–3 aircraft. tified modifications. The House bill would authorize an increase The House bill would authorize the budget The Senate amendment would authorize an request. of $3.0 million to replace existing displays in increase of $13.3 million for 15 medium alti- EP-3 aircraft with flat panel displays. The Senate amendment would authorize tude electro-optical sensors. the budget request. The Senate amendment would authorize an The conferees agree to authorize an in- increase of $2.0 million for spares to support The conferees agree to authorize a decrease crease of $5.9 million for DTS. of $9.6 million from the budget request for the operational deployment of an EP–3 air- fiscal year 1999. C–12 modifications craft to evaluate the high band prototype of The conferees note that the funds author- The budget request included $3.8 million the joint signals intelligence avionics family ized to be appropriated for B–1B modifica- for C–12 modifications. (JSAF). tions in fiscal year 1998, $9.6 million has been The House bill would authorize a decrease The conferees agree to authorize an in- identified as excess to fiscal year 1998 re- of $2.3 million. crease of $3.5 million for the EP-3, $1.5 mil- quirements. The conferees direct that these The Senate amendment would authorize lion for flat panel displays, and $2.0 million funds be used to satisfy fiscal year 1999 re- the budget request. for spares support. quirements for B–1B modifications. The conferees agree to authorize the budg- RC–135 B–52 et request. The budget request included $139.2 million The budget request included $38.3 million Defense Airborne Reconnaissance Program pro- for various modifications for DARP aircraft for B–52 modifications. curement in Aircraft Procurement, Air Force (APAF). The House bill would authorize the budget The budget request included $394.2 million The House bill would authorize the budget request. for procurement activities of the Defense request. September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8265

The Senate amendment would authorize an OTHER Common support equipment increase of $68.0 million in the DARP, includ- The budget request included funding for The budget request included $152.1 million ing: $56.0 million for two re-enginings, and the common imagery ground/surface system for common support equipment. $12.0 million to transfer the theater airborne (CIGSS) and airborne reconnaissance ground warning system (TAWS) medium-wave infra- The House bill would authorize a decrease SIGINT system (ARGSS) programs in DARO of $4.2 million. red (MIRA) technology from the Cobra Ball procurement lines. The conference agree to program to Rivet Joint program. The Senate transfer this funding to the appropriate serv- The Senate amendment would authorize report (S. Rept. 105-189) would require suc- ice or defense agency accounts. the budget request. cessful completion of Cobra Ball integration The conferees agree to authorize the budg- E–8 modifications testing and submission of a report on the et request. test results to the congressional defense The budget request included $44.2 million committees before obligation of the addi- for E–8 modifications. A–10 post production support tional funds. The House bill would authorize a decrease The budget request included $11.4 million The conferees agree to authorize an in- of $11.8 million. for A–10 post production support. crease of $30.0 million for DARP, including: The Senate amendment would authorize The House bill would authorize a decrease $28.0 million to re-engine one RC-135 aircraft, the budget request. of $1.9 million. and $2.0 million to complete the TAWS and The conferees agree to authorize the budg- The Senate amendment would authorize to upgrade the MIRA sensors. In addition, et request. the conferees understand that $3.3 million the budget request. Passenger safety modifications authorized in the General Defense Intel- The conferees agree to authorize the budg- ligence Program in fiscal year 1998 for the The budget request included $252.6 million et request. in various Air Force aircraft modification development of a Cobra Ball radar ranging B–2A system remains unobligated. The conferees budget lines to support making communica- recommend that the unobligated $3.3 million tions, navigation, and safety improvements The budget request included $189.9 million authorized for fiscal year 1998 also be used to to improve safety of passenger and cargo car- for post production support for the B–2A complete the TAWS development and up- rying aircraft. bomber fleet. grade the MIRA sensors on the Cobra Ball The House bill would authorize an increase The House bill would authorize an increase aircraft. of $50.0 million for passenger safety modi- of $86.0 million to enhance the B–2’s oper- The conferees do not agree to a transfer of fications in specific aircraft modification ational effectiveness. budget lines for enhanced ground proximity this technology to the Rivet Joint fleet until The Senate amendment would authorize warning systems (EGPWS) and traffic colli- the Cobra Ball integration is complete and the budget request. test results clearly show that this transfer sion avoidance system (TCAS) requirements, will provide a viable augmentation to the as follows: The conferees agree to authorize an in- Defense Support Program (DSP). Further, crease of $86.0 million. the conferees endorse the requirement in the Passenger Safety Modification Additions The conferees note that the increase would Senate report that the Department submit a [Dollars in millions] fund low observability maintainability and report on the test results to the congres- situational awareness upgrades key to maxi- sional defense committees before obligating Aircraft EGPWS TCAS Total mizing the effectiveness of the small number of B–2 bombers in the fleet. The conferees the extra TAWS funding authorized in this VC–25 ...... 5.8 ...... 5.8 bill. C–21 ...... 15.7 6.5 22.2 also believe that the funding increase would RC–135 COMBAT SENT C–130 ...... 3.5 ...... 3.5 provide the opportunity to coordinate effi- C–9 ...... 3.4 3.4 ciently these efforts with radar cross section The budget request included $12.7 million C–141 ...... 4.2 4.2 improvements. in Other Procurement, Air Force for RC–135 KC–10 ...... 10.9 10.9 ground support equipment. Total ...... 25.0 25.0 50.0 Miscellaneous production charges The House bill would authorize an increase The budget request included $221.5 million of $3.8 million for the RC–135 Combat Sent The Senate amendment would authorize for miscellaneous production charges, in- ground support system improvements. the budget request. cluding $10.1 million for High Speed Anti- The Senate amendment would authorize The conferees agree to authorize an in- Radiation Missile targeting pod modifica- the budget request. crease of $50.0 million to procure additional tions. The conferees agree to authorize an in- aircraft safety modifications. crease of $3.8 million. The House bill would authorize a decrease Pacer Coin of $10.1 million, recognizing that $6.1 million U–2 PROCUREMENT The budget request included $2.4 million was requested for the same purpose in the The budget request included $152.1 million for aircraft spares and repair parts for the ‘‘Other aircraft modifications’’ account. in DARP modifications in APAF. The House bill would authorize a decrease transfer of mission equipment from retiring The Senate amendment would authorize of $10.3 million for U–2 procurement, trans- Pacer Coin aircraft to the non-dedicated, fol- the budget request. ferring these funds to the Advanced Syn- low-on C–130 reconnaissance aircraft. The conferees agree to a decrease of $10.9 thetic Aperture Radar System Improvement The House bill would authorize a decrease million in miscellaneous production charges. of $2.4 million for transfer of mission equip- program (AIP). Overview The Senate amendment would authorize an ment for Pacer Coin aircraft since the pro- increase of $17 million for U–2 procurement gram is being terminated and a fiscal year The budget request for fiscal year 1999 con- to continue the reliability and maintain- 1998 Department of Defense reprogramming tained an authorization of $384.2 million for ability (R&M) conversion of 11 Senior Glass request stated that all funds necessary for Ammunition Procurement, Air Force in the systems for the U–2. the C–130 follow-on program were addressed Department of Defense. The House bill would The conferees agree to the AIP transfer in the reprogramming request. authorize $383.6 million. The Senate amend- and to authorize an increase of $7.5 million The Senate amendment would authorize ment would authorize $383.2 million. The for R&M conversion of Senior Glass systems the budget request. conferees recommended an authorization of for the U–2 in the research and development The conferees agree to authorize a decrease $383.2 million. Unless noted explicitly in the program Manned Reconnaissance Systems of $2.4 million for transfer of mission equip- statement of managers, all changes are made (PE 35207F). ment for Pacer Coin aircraft. without prejudice. H8266 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8267 H8268 CONGRESSIONAL RECORD — HOUSE September 22, 1998 Overview Missile Procurement, Air Force in the De- The conferees recommended an authoriza- partment of Defense. The House bill would tion of $2,210.6 million. Unless noted explic- The budget request for fiscal year 1999 con- authorize $2,234.7 million. The Senate itly in the statement of managers, all tained an authorization of $2,359.8 million for amendment would authorize $2,347.7 million. changes are made without prejudice. September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8269 H8270 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8271 Advanced Medium Range Air-to-Air Missile quest for GRP. Additionally, the conferees The House bill and the Senate amendment The budget request included $114.6 million are aware that $8.8 million in funds author- would authorize the budget request. ized in fiscal year 1998 for GRP are excess to for the procurement of 180 Advanced Medium The Senate amendment approved the budg- fiscal year 1998 requirements. Therefore, the Range Air-to-Air Missiles. et request. The House bill would authorize a decrease conferees direct that such fiscal year 1998 of $4.6 million. funds be obligated in support of GRP during The conferees agree to authorize a decrease The Senate amendment would authorize a fiscal year 1999. of $7.0 million to the budget request. decrease of $21.0 million because of cost sav- AGM–65H Maverick The conferees note that excess prior year ings associated with the merger of the sys- The budget request included no funds for funds exist in the DSP program. tem’s two prime contractors. the AGM–65H missile. The conferees agree to authorize a decrease The House bill would authorize an increase Overview of $20.9 million. of $3.0 million to ensure that the Air Force Minuteman III guidance replacement program can accomplish a smooth transition to a The budget request for fiscal year 1999 con- tained an authorization of $6,974.4 million for The budget request included $90.6 million service life extension program for these Other Procurement, Air Force in the Depart- for Minuteman III modifications. weapons. The House bill would authorize an increase The Senate amendment would authorize ment of Defense. The House bill would au- of $23.0 million for the Minuteman III guid- the budget request. thorize $7,046.4 million. The Senate amend- The Senate recedes. ance replacement program (GRP). ment would authorize $6,774.6 million. The The Senate amendment would authorize an Defense Support Program conferees recommended an authorization of increase of $46.0 million for GRP. The budget request included $89.9 million $6,950.4 million. Unless noted explicitly in The conferees agree to authorize an in- for procurement of Defense Support System the statement of managers, all changes are crease of $23.0 million above the budget re- (DSP) satellites. made without prejudice. H8272 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8273 H8274 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8275 H8276 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8277 60K Loader fied by United States Air Forces Europe The conferees note that excess prior year The budget request included $89.2 million (USAFE). funds exist in the AFSCN program. The con- for the 60K loader. The House bill would authorize an increase ferees direct that these funds be used to sat- of $5.0 million for RACTS to meet these re- isfy fiscal year 1999 AFSCN requirements. The House bill would authorize a decrease quirements. of $2.9 million. Communication electronics modifications The Senate amendment would authorize The Senate amendment would authorize the budget request. The budget request included $57.7 million the budget request. The Senate recedes. for communication electronics modifica- The conferees agree to authorize the budg- Automated telecommunications program tions. et request. The budget request included $14.9 million The House bill would authorize a decrease Combat training ranges for automated telecommunications equip- of $5.8 million. The budget request included $13.2 million ment. The Senate amendment would authorize for combat training ranges, but included no The House bill would authorize a decrease the budget request. funds for the rangeless air combat training of $4.0 million. The conferees agree to authorize the budg- system (RACTS). This system is also known The Senate amendment would authorize et request. as the Kadena Interim Training System the budget request. (KITS) and was delivered to Kadena Air The conferees agree to authorize the budg- Overview Base, Japan, in August 1997. et request. The budget request for fiscal year 1999 con- For future fixed and deployable training Air Force satellite control network tained an authorization of $2,041.7 million for support, the Department of Defense’s plan is The budget request included $26.0 million Defense-wide Procurement in the Depart- to shift to the Joint Tactical Combat Train- in Air Force other procurement for the Air ment of Defense. The House bill would au- ing System (JTCTS), a system that will sup- Force Satellite Control Network (AFSCN) thorize $1,962.9 million. The Senate amend- port air, surface, and subsurface training re- program. ment would authorize $2,023.5 million. The quirements. However, the House report (H. The House bill and the Senate amendment conferees recommended an authorization of Rept. 105–532) noted that no funds were in- would authorize the budget request. $1,954.8 million. Unless noted explicitly in cluded in the budget to meet near-term The conferees agree to authorize a decrease the statement of managers, all changes are training requirements that had been identi- of $1.4 million from the budget request. made without prejudice. H8278 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8279 H8280 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8281 H8282 CONGRESSIONAL RECORD — HOUSE September 22, 1998 Automated document conversion system The House bill would authorize the budget The Senate amendment would authorize The budget request included no funds for request. the budget request. The Senate amendment would authorize an automated document conversion system The conferees agree to authorize the budg- (ADCS). increase of $5.0 million for procurement and installation of Silent Shield real-time situa- et request. The House bill would authorize an increase tional awareness systems on special oper- of $32.0 million for the procurement of ADCS Overview ations aircraft. hardware and software. The conferees agree to authorize an in- The budget request for fiscal year 1999 con- The Senate amendment would authorize crease of $2.5 million for Silent Shield sys- tained no authorization for National Guard the budget request. tem procurement. and Reserve Procurement in the Department The conferees agree to authorize an in- Contamination avoidance of Defense. The House bill would authorize crease of $25.0 million for the procurement of $300.0 million. The Senate amendment would ADCS hardware and software. The budget request included $96.2 million for contamination avoidance. authorize $60.0 million. The conferees rec- SOF intelligence systems The House bill would authorize a decrease ommended an authorization of $60.0 million. The budget request included $19.1 million of $6.9 million. This decrease would elimi- Unless noted explicitly in the statement of for special operations forces intelligence sys- nate funding for National Guard Rapid As- managers, all changes are made without tems. sessment and Initial Detection equipment. prejudice. September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8283 H8284 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8285 National Guard and Reserve Equipment Accordingly, the conferees agree to author- ity consideration to the following items: 2.5- The budget request included $1.36 billion ize increases to support reserve component ton and 5-ton truck extended service pro- for National Guard and Reserve equipment, modernization, as follows: gram; night vision equipment; high mobility as follows: Millions multipurpose wheeled vehicles; CH–47 crash- Millions UH–60 Blackhawk ...... $66.4 worthy internal fuel cells; heavy expanded Aircraft, Army ...... 110.2 Family of Medium Tactical Vehicles 42.5 mobility tactical truck bridge transpor- Missiles, Army ...... 35.3 Medium Truck Extended Service Pro- tation kits; M915 truck extended service pro- Weapons and Tracked Combat gram ...... 20.0 gram upgrade kits; rock crush, screen; AVLB Vehicles, Army ...... 12.3 Multiple Launch Rocket System 60–70 ton upgrades; high mobility multipur- Ammunition, Army ...... 182.3 Launchers ...... 45.0 pose wheeled vehicle contact maintenance Other Procurement, Army ...... 502.9 R2000 Engine Flush System ...... 5.0 trucks; 5 kilowatt tactically quiet generator; Aircraft, Navy ...... 41.8 Bradley Upgrades ...... 70.0 M915A3 long haul tractor; F/A-18A+ ECP; Ammunition, Navy/USMC ...... 17.3 SINCGARS family ...... 50.0 CH–53e HNVS ‘‘B kits’’; electronic calibra- Other Procurement, Navy ...... 3.6 AH–64 Vibration Management En- tion facility (AN/TSM–198); electronic test hancement System ...... 3.0 Procurement, USMC ...... 39.9 measurement and diagnostic equipment fa- Engagement Skills Trainers ...... 5.0 Aircraft, USAF ...... 293.3 cility; D–7 bulldozer; reconfigurable mission MIUW van upgrades ...... 12.0 Ammunition, USAF ...... 30.4 simulator; meteorological measuring sets KC–135 Re-engining ...... 46.0 Other Procurement, USAF ...... 85.0 F–16 IAIS ...... 14.0 (AN/TMQ41); PATS (F–16); F–16 ALR–56M NG&RE, Other Procurement ...... 9.3 C–130 (1 WC–130J, 1 EC–130J, 2 C–130J) 276.4 RWR; F–16 SADL ADP/color; A–10 SADL C–130J Simulator ...... 30.0 group A; airborne firefighting equipment; Department of Defense Total 1,363.6 Total increase ...... 685.3 mobile backscatter truck inspection system; This request reflects a net increase of al- the advanced radar warning receiver; and the most $400.0 million above the funding re- Additionally, the conferees agree to au- D–7 product improvement program. quested for the reserve component mod- thorize an increase of $60.0 million for Na- ernization in the fiscal year 1998 budget re- tional Guard and Reserve miscellaneous Overview equipment, as follows: quest. The conferees believe that the in- The budget request for fiscal year 1999 con- creased funding requested by the services for Millions tained an authorization of $855.1 million for reserve component modernization reflects a Army Reserve Chemical Agent and Munitions Destruction, recognition of the critical role that these Miscellaneous ...... $10.0 Army. The House bill would authorize no forces provide in Department of Defense op- Navy Reserve funding for Chemical Agent and Munitions erations. The conferees agree that reserve Miscellaneous ...... 10.0 Destruction, Army, but would transfer the component modernization, as an integral Marine Corps Reserve authorization of $834.0 million for Chemical component of overall DOD modernization, Miscellaneous ...... 10.0 should rely on a collaborative budget devel- Agent and Munitions Destruction, Defense. Air Force Reserve The Senate amendment would authorize no opment process within the Department and Miscellaneous ...... 10.0 not on annual congressional supplemental funding for Chemical Agent and Munitions Army National Guard funding, which would have to come at the ex- Destruction, Army but would transfer the Miscellaneous ...... 10.0 pense of other programs funded in the budget authorization of $777.2 million for Chemical Air National Guard request. However, the conferees recognize Agent and Munitions Destruction, Defense. Miscellaneous ...... 10.0 that there are still significant modernization The conferees agree to authorize $803.0 mil- shortfalls in both the active and reserve The conferees direct that the miscellane- lion for Chemical Agent and Munitions De- components and remain concerned about the ous funding be allocated exclusively by the struction, Defense. Unless noted explicitly in readiness implications of declining mod- chiefs of the reserve components, in con- the conference agreement, all changes are ernization funding requests. sultation with service chiefs, and give prior- made without prejudice. H8286 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8287

LEGISLATIVE PROVISIONS ADOPTED for the demonstration of alternative tech- Armored system modernization (sec. 113) Subtitle A—Authorization of Appropriations nologies to the destruction of assembled The Senate amendment contained a provi- chemical munitions. Authorization of appropriations (secs. 101–109) sion (sec. 113) that would require the Sec- Section 1412(f) of the Department of De- retary of the Army to submit to the congres- The House bill contained provisions (secs. fense Authorization Act for Fiscal Year 1986 sional defense committees a report on Army 101–109) that would authorize the rec- requires that funds for the destruction of the armored system modernization programs. ommended fiscal year 1999 funding levels for U.S. stockpile of lethal chemical agents and The House bill contained no similar provi- the Army, Navy and Marine Corps, Air munitions, including funds for military con- sion. Force, Defense-Wide Activities, Reserve struction projects necessary to carry out the The House recedes with an amendment Components, Defense Inspector General, demilitarization program, shall be set forth Chemical Demilitarization Program, Defense that would authorize $14.3 million for the in the budget of the Department of Defense M1A1D applique integration program and Health Program, and the Defense Export as a separate program and shall not be in- Loan Guarantee Program. $6.0 million for an M1A2 risk reduction pro- cluded in the budget accounts for any mili- gram. Of the amount authorized for the The Senate amendment contained similar tary department. In the statement of man- provisions. M1A1D applique integration program, not agers accompanying the National Defense more than $11.4 million may be obligated be- The conference agreement includes these Authorization Act for Fiscal Year 1994 (H. provisions. fore the end of the 30-day period beginning Rept. 103–357), the conferees cited this sec- on the date on which the Secretary of the Chemical demilitarization program (sec. 107) tion in transferring the funds contained in Army submits the armored system mod- The budget request for the Army included the fiscal year 1994 Army budget requests for ernization report. $855.1 million for the chemical agents and the chemical demilitarization program to a Congress supports the development and munitions destruction program. separate DOD account. Section 1412(e) of fielding of the M1A1D and authorizes $20.3 The House bill recommended no funding Public Law 99–145 further requires that the million to complete development and test- for Chemical Agents and Munitions Destruc- management organization for the chemical ing, and to initiate fielding. The conferees tion, Army, but contained a provision (sec. munitions destruction program shall be es- are concerned, however, about the risk in- 107) that would authorize $834.0 million for tablished within the Department of the herent in the conversion of the M1A2 to the the Department of Defense for the destruc- Army. Force XXI Battle Command Brigade and tion of lethal chemical agents in accordance The conferees agree that the defense chem- Below (FBCB2) software and directs that $6.0 with Section 1412 of the Department of De- ical demilitarization program should con- million of the $20.3 million be used to de- fense Authorization Act for Fiscal Year 1986 tinue to be managed as a major defense ac- velop an M1A2 risk reduction effort. The con- (Public Law 99–145, 50 U.S.C. 1521) and for quisition program with the Office of the Sec- ferees recognize the Army’s goal is to field chemical warfare materiel of the United retary of Defense providing policy and pro- only the M1A1D and M1A2SEP variants, but States not covered by Section 1412 of such gram oversight, the Secretary of the Army want to ensure risk is addressed. Act, a $21.1 million reduction to the budget as executive agent for the management and The conferees are also concerned that request. execution of the program, and the project armor system modernization plans, includ- The Senate amendment recommended no manager for the program for the assembled ing the proposal to close the tank plant in funding for Chemical Agents and Munitions chemical weapons assessment (ACWA) of al- Lima, Ohio, do not adequately address future Destruction, Army, but contained a similar ternative technologies reporting to the operational requirements for armor systems, provision (sec. 107) that would authorize Under Secretary of Defense for Acquisition modernization and upgrade requirements, $780.1 million for destruction of the lethal and Technology (until completion of the and industrial base implications associated chemical agents and munitions stockpile demonstration phase of the ACWA program). with plans to bridge the gap between produc- pursuant to Section 1412 of the Department Subtitle B—Army Programs tion of existing armor systems and future of Defense Authorization Act for Fiscal Year Multiyear procurement authority for Longbow combat platforms. The conferees direct the 1986 and U.S. chemical warfare materiel not Hellfire missile program (sec. 111) Secretary of the Army to provide a report on covered by Section 1412 of the Act, a $78.5 The House bill contained a provision (sec. armor system modernization programs to million reduction to the budget request. Ad- 111) that would authorize the Secretary of the congressional defense committees no ditionally, the Senate recommended that an the Army to enter into a multiyear procure- later than January 31, 1999. additional $3.0 million be made available to ment contract for the Longbow Hellfire mis- Reactive armor tiles (sec. 114) accelerate the development and fielding of sile. the Army’s mobile munitions assessment The Senate amendment contained a provi- The Senate amendment contained a simi- system. Additionally, the Senate would rec- sion (sec. 114) that would require the Sec- lar provision (sec. 111). ommend the transfer of the chemical demili- retary of Defense, with input from the Army The Senate recedes. tarization program to the Defense Threat and Marine Corps, to conduct a detailed as- The conferees agree to authorize the Sec- Reduction Agency. sessment of requirements for reactive armor retary of the Army to enter into a multiyear The conferees agree to a provision that tiles and provide a cost-benefit analysis of contract for the Longbow Hellfire missile. would authorize $803.0 million for the De- the procurement and installation of tiles on partment of Defense chemical agents and Condition for award of second-source procure- selected armor vehicles. The provision would munitions destruction program, to include: ment contract for the family of medium tac- preclude any expenditure of funds for armor $124.7 million for procurement; $172.8 for re- tical vehicles (sec. 112) tiles until 30 days after the date on which search and development; $508.6 million for The Senate amendment contained a provi- the Secretary of Defense submits the results operation and maintenance; and a reduction sion (sec. 112) that would require certain con- of this study to the Congress. of $3.0 million for revised economic assump- ditions to be met before the Secretary of the The House bill contained no similar provi- tions. Of the amount authorized for research Army could enter into a contract with more sion. and development, the conferees recommend than one manufacturer for the procurement The House recedes with a technical amend- that an additional $5.0 million be made of the family of medium tactical vehicles ment. available to accelerate the development and (FMTV). The Senate supports Army efforts Extension of authority to carry out Armament fielding of the Army’s mobile munitions as- to qualify a second source for FMTV trucks, Retooling and Manufacturing Support Ini- sessment system and an additional $6.0 mil- if the established conditions are met, and tiative (sec. 115) lion be made available to demonstrate alter- would support acceleration of this effort if The Senate amendment contained a provi- natives to the baseline incineration process the Army determines that this action could sion (sec. 116) that would extend the Arma- for the destruction of assembled chemical be accomplished within programmed re- ment Retooling and Manufacturing Support munitions and to proceed from a demonstra- source limitations. Initiative through fiscal year 1999. tion to the development of a pilot-scale facil- The House bill contained no similar provi- The House bill contained no similar provi- ity. sion. sion. The conferees understand that additional The House recedes with an amendment. The House recedes. funds above the amount recommended in Based on critical shortfalls of modernized SUBTITLE C—NAVY PROGRAMS this Act may be necessary to demonstrate trucks within the Army, the conferees direct viable alternative technologies, and encour- the Secretary of the Army to ensure that CVN–77 nuclear aircraft carrier program (sec. age the Department of Defense to review sufficient funding is programmed for any 121) funds available in the chemical agents and FMTV prime contractor to maintain mini- The Senate amendment contained a provi- munitions demilitarization program from mum economic production levels necessary sion (sec. 121) that would authorize $124.5 prior year authorization and appropriations, to sustain steady production and meet million for the advance procurement and as well as funds available to the Department FMTV fielding requirements. The conferees construction of components, including nu- that have been identified as sources in the note existing funding levels, constrained by clear components, for the CVN–77 aircraft most recent omnibus reprogramming (FY98– modernization budget limitations, will re- carrier program. 16PA) forwarded to the Congress for ap- sult in a break in production, increased The House bill contained no similar provi- proval, as possible sources for such addi- costs, and delays in the modernization proc- sion. tional funds necessary for activities related ess. The House recedes. H8288 CONGRESSIONAL RECORD — HOUSE September 22, 1998 Increase in amount authorized to be excluded lic health or safety emergencies that may alternative technology can be implemented from cost limitation for Seawolf submarine arise from the destruction of lethal chemical immediately following the successful dem- program (sec. 122) agents and munitions in the U.S. stockpile. onstration of an alternative technology, and The Senate amendment contained a provi- The House bill contained no similar provi- the submission to Congress of a report on the sion (sec. 122) that would amend section sion. demonstration and a decision by the Under 123(a) of the National Defense Authorization The House recedes with an amendment Secretary of Defense for Acquisition and Act for Fiscal Year 1998 by striking the that would require the Director of FEMA, in Technology to proceed with a pilot-scale fa- amount of $272.4 million and replacing it accordance with a Memorandum of Under- cility. with the amount of $557.6 million as the standing (MOU) with the Department of the In order to ensure that an alternative tech- amount excluded from the Seawolf sub- Army, to carry out an emergency prepared- nology may be demonstrated immediately, marine program cost limitation. ness program with state and local govern- the conferees provide authority for the pro- The House bill contained no similar provi- ments. The provision would also direct that gram manager to take certain actions during sion. funds, appropriated in the defense account fiscal years 1998 and 1999 related to the es- The House recedes with a technical amend- for this portion of the chemical stockpile tablishment, preparation, development and ment. emergency preparedness program, be made identification of activities related to award- available to FEMA to implement its respon- ing a contract for a potential successful al- Multiyear procurement authority for the De- sibilities pursuant to the requirements of ternative technology for assembled chemical partment of the Navy (sec. 123) this provision. Lastly, the provision would munitions not later than December 30, 1999. The House bill contained a provision (sec. require the Secretary of Defense to include, The conferees also direct the Under Sec- 121) that would authorize the Secretary of in the Department’s annual report on the de- retary of Defense for Acquisition and Tech- the Navy to enter into multiyear contracts fense chemical agents and munitions de- nology to provide to Congress an independ- for the AV–8B, E–2C, and T–45 aircraft, and struction program, information on actions ent, nongovernmental evaluation of the cost to enter into a multiyear procurement con- taken and grants provided to assist state and and schedule for any potential alternative tract to procure the Marine Corps Medium local governments to develop their off-post technology resulting from the ACWA dem- Tactical Vehicle Replacement. emergency preparedness plans for responding onstration activities. The Senate amendment contained separate to chemical accidents or incidents at the Lastly, if the Secretary of Defense decides provisions (secs. 124–123) that would author- eight chemical stockpile storage installa- to proceed with a pilot program, the con- ize the same multiyear procurements. tions. ferees direct that a report be submitted to The Senate recedes. Alternative technologies for destruction of as- the congressional defense committees on the Annual General Accounting Office review of F/ sembled chemical weapons (sec. 142) Department’s plan to conduct the pilot pro- A–18E/F program (sec. 124) gram, including information on the cost and The House bill contained a provision (sec. the schedule for the alternative technology The Senate amendment contained a provi- 141) that would authorize $12.6 million for pilot program for destruction of assembled sion (sec. 1034) that would require an annual identification and demonstration of alter- chemical munitions. General Accounting Office review of the F/A– native technologies to the baseline inciner- As noted elsewhere in the statement of 18E/F program. ation process for destruction of assembled managers on the chemical agent and muni- The House bill contained no similar provi- chemical munitions in the U.S. stockpile, tions destruction program (sec. 107), the con- sion. and would direct the transfer of management ferees understand that additional funds may The House recedes with a technical amend- oversight responsibility for the program be necessary above the amounts rec- ment. from the Under Secretary of Defense for Ac- ommended in this Act, as well as for fiscal Subtitle D—Air Force Programs quisition and Technology (USD, A&T) to the year 1998, to demonstrate viable alternative F–22 aircraft program (sec. 131) Secretary of the Army. technologies. The conferees encourage the The Senate amendment contained a provi- Department of Defense to review funds avail- The Senate amendment contained a provi- sion (sec. 117) that would provide authority sion (sec. 133) that would limit obligation of able in the chemical agents and munitions for the program manager for the Assembled demilitarization program from prior year au- advance procurement funds for the six Lot II Chemical Weapons Assessment (ACWA) to F–22 aircraft. The provision would make thorizations and appropriations, as well as demonstrate alternative technologies to the funds available to the Department which funds available after the completion of 10 baseline incineration process and to under- percent of the F–22 flight test program, or al- have been identified as sources in the most take post-demonstration activities necessary recent omnibus reprogramming (FY98–16PA) ternatively, 30 days after the Secretary of to implement any such alternative tech- Defense submits a certification that: forwarded to the Congress for approval, as nology, if it is proven successful, and, would possible sources for any additional funds nec- (1) of the number of flight test hours com- authorize $18.0 million for demonstration of pleted, if less than 10 percent; essary for activities related to the dem- alternative technologies and planning and onstration of alternative technologies for (2) that a lesser amount of flight testing preparation to proceed from demonstration would be sufficient for making a production the destruction of assembled chemical muni- to pilot-scale testing. Additionally, the pro- tions. decision, and the basis for that determina- vision would require the Under Secretary of LEGISLATIVE PROVISIONS NOT ADOPTED tion; and Defense for Acquisition and Technology to (3) that it would be financially advan- provide for two evaluations of the cost and M1A2 system enhancement program step one tageous to proceed to Lot II production rath- schedule of an alternative technology to The House bill contained a provision (sec. er than delay production until completion of baseline incineration to be submitted to the 112) that would require the Army to use the 10 percent of the flight testing. Under Secretary by September 30, 1999. Last- $20.3 million included in the budget request The House bill contained no similar provi- ly, the provision would maintain the current for M1A1D upgrade kits to instead procure sion. program manager for the Assembled Chemi- M1A2 system enhancement program step one The House recedes with an amendment cal Weapons Assessment, who would con- communications upgrades. that would remove the 30 day delay period tinue to manage the development and test- The Senate amendment contained no simi- from the provision. The provision would ing (including demonstration and pilot-scale lar provision. The House recedes. allow the Department to obligate advance testing) of alternative technologies for the procurement funds as soon as the certifi- destruction of lethal assembled chemical Annual reporting of costs associated with travel cation is submitted to the congressional de- weapons, and would continue to operate of members of the chemical demilitarization fense committees. independently from the program manager for citizenship advisory commission C–130J aircraft program (sec. 132) the baseline chemical demilitarization pro- The Senate amendment contained a provi- The Senate amendment contained a provi- gram. sion (sec. 115) that would amend section sion (sec. 134) that would require a report The House recedes with an amendment 1412(g)(2) of the National Defense Authoriza- from the Secretary of Defense on the C–130J that would require the current program tion Act for Fiscal Year 1986 (Public Law aircraft program. manager for the Assembled Chemical Weap- 102–484) to require that information on the The House bill contained no similar provi- ons Assessment to continue to manage the travel costs of members of the chemical de- sion. development, testing, demonstration and militarization citizenship advisory commis- The House recedes. pilot-scale testing of alternative tech- sion be included in the annual report to Con- nologies for the destruction of assembled gress on the chemical and munitions de- Subtitle E—Other Matters chemical munitions and to act independ- struction program. Chemical stockpile emergency preparedness pro- ently of the program manager for the De- The House bill contained no similar provi- gram (sec. 141) partment of Defense baseline incineration sion. The Senate amendment contained a provi- program. In addition, the ACWA program The Senate recedes. sion (sec. 1080) that would direct the Director manager shall report to the Under Secretary Joint surveillance target attack radar system of the Federal Emergency Management of Defense for Acquisition and Technology. The Senate amendment contained a provi- Agency (FEMA) to carry out a program with The provision would also authorize the sion (sec. 131) that would authorize $72.0 mil- state and local governments to assist them ACWA program manager to carry out post- lion for the joint surveillance target attack in developing capabilities to respond to pub- demonstration activities to ensure that an radar system (JSTARS), as follows: September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8289

(1) advance procurement of long-lead items Limitation on replacement of engines on mili- TITLE II—RESEARCH, DEVELOPMENT, TEST, for two additional E–8C JSTARS aircraft; tary aircraft derived from Boeing 707 air- AND EVALUATION (2) payment of expenses associated with craft Research, Development, Test, and Evaluation termination of production of JSTARS air- The Senate amendment contained a provi- Overview craft; or sion (sec. 132) that would prevent the Sec- The budget request for fiscal year 1999 con- (3) development of an improved radar for retary of Defense from obligating or expend- tained an authorization of $36,078.6 million the JSTARS. ing funds for reengining Department of De- for Research and Development in the Depart- The House bill contained no similar provi- fense aircraft derived from Boeing 707 air- ment of Defense. The House bill would au- sion. craft until an overdue report was submitted. thorize $36,228.0 million. The Senate amend- The report was due in March 1998 and was ment would authorize $35,942.2 million. The The Senate recedes. not received until July 13, 1998. conferees recommended an authorization of The House bill contained no similar provi- $36,007.9 million. Unless noted explicitly in sion. the statement of managers, all changes are The Senate recedes. made without prejudice. H8290 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8291 Overview Army, Research and Development in the De- The conferees recommended an authoriza- partment of Defense. The House bill would tion of $4,657.0 million. Unless noted explic- The budget request for fiscal year 1999 con- authorize $4,793.0 million. The Senate itly in the statement of managers, all tained an authorization of $4,780.5 million for amendment would authorize $4,816.1 million. changes are made without prejudice. H8292 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8293 H8294 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8295 H8296 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8297 H8298 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8299 H8300 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8301 Additional decreases in technology base funding Human factors engineering technology The House bill would authorize the budget The conferees agree to include a number of The budget request included $13.3 million request. decreases in recognition of lack of congres- in PE 62716A for human factors engineering The Senate amendment would authorize an sional support for funding. Among these are technology including $500,000 for Emergency increase of $1.2 million for cold regions re- the following: Team Coordination (MedTeams) program. search. The House bill would authorize an increase The House recedes. In millions of $4.8 million to complete the MedTeams Medical advanced technology PE 61102A—Defense Research program. The budget request included $11.0 million Sciences ...... $8.0 ¥ The Senate amendment would authorize in PE 63002A for medical advanced tech- PE 61104A—University and Industry the budget request. nology. Research Centers ...... ¥3.3 The conferees agree to authorize an in- The House bill would authorize the budget PE 62308A—Modeling and Simula- crease of $4.8 million and note that the au- request. tion Technology ...... ¥4.5 thorized funds will allow for the completion The Senate amendment would authorize an PE 64824A—DUAP Commercial Op- of this program in fiscal year 1999, eliminat- increase of $2.0 million for nutrition re- erations and Support Savings ...... ¥10.0 ing the need for further funding. search. PE 64805N—Commercial Operations Environmental quality technology The House recedes. and Support Savings ...... ¥10.0 Aviation advanced technology PE 72207N—Depot Maintenance The budget request included $13.8 million (Non-IF) ...... ¥20.0 for environmental quality technology within The budget request included $30.0 million PE 64805F—Commercial Operations PE 62720A. in PE 63003A for aviation advanced tech- and Support Savings ...... ¥10.0 The House bill would authorize an increase nology. PE 65122D—Industrial Capabilities of $16.0 million, with $4.0 million for the The House bill would authorize an increase Assessments ...... ¥2.9 Radford Environmental Development and of $2.0 million for the Stinger universal Management Program (REDMAP), $3.0 mil- launcher and an increase of $3.0 million to Other similar decreases are noted else- lion for the Plasma Energy Pyrolysis System support comparative testing of Starstreak where in the report. (PEPS), $4.0 million for the Computer-Based and Stinger missiles for application to the The conferees also agree to a number of de- Land Management Model, and $5.0 million Apache helicopter program. The House bill creases in authorization to fund higher prior- for the Agricultural Based Bioremediation. would also authorize an increase of $8.0 mil- ity programs. Among these decreases are the The Senate amendment would authorize an lion for scramjet technology. following: increase of $32.5 million, with $24.0 million The Senate amendment would authorize In millions for pollution prevention research and devel- the budget request. PE 62120A—Sensors and Electronic opment initiatives, to be awarded on a com- The conferees agree to authorize an in- Survivability ...... ¥$1.8 petitive basis by the National Defense Center crease of $5.0 million in PE 63003A, of which PE 62211A—Aviation Technology ... ¥1.9 for Environmental Excellence (PE 62720A), $2.0 million is for the Stinger universal PE 65326A—Concepts Experimen- $3.5 million for REDMAP, and $5.0 million launcher and $3.0 million is to support com- tation Program ...... ¥6.9 for PEPS. parative testing of Starstreak and Stinger PE 65804N—Technical Information The conferees agree to authorize an in- for application to the Apache helicopter pro- Services ...... ¥2.5 crease of $5.0 million for PEPs, $3.5 million gram. Scramjet funding is addressed else- PE 27424F—Evaluation & Analysis for REDMAP, $5.0 million for Agricultural where in this statement of managers. Program ...... ¥12.8 Based Bioremediation, and $3.0 million for Weapons and munitions advanced technology the Computer-Based Land Management Other similar decreases are noted else- The budget request included $24.6 million Model in PE 62720A. where in the statement of managers accom- in PE 63004A for weapons and munitions ad- The conferees also agree to authorize an panying this Act. vanced technology. increase of $20.0 million for pollution preven- The House bill would authorize an increase Materials technology tion research and development initiatives, of $6.0 million for the precision guided mor- The budget request included $10.1 million and direct the Department of the Army to tar munitions program, an increase of $5.0 in PE 62105A for materials technology re- establish an Environmental Quality Tech- million for the future direct support weapon search. nology (EQT) Budget Activity Four Program system, and an increase $6.0 million for the The House bill would authorize an increase Element to manage these additional funds trajectory correctible munitions program. of $5.0 million for hardened materials re- beginning in fiscal year 1999. The conferees The Senate amendment would authorize an search for land warfare systems applications. direct the Department to transfer project increase of $4.5 million for the precision The Senate amendment would authorize an DE31, and any related funding, from PE guided mortar munitions program. increase of $3.0 million for continuing hard- 78045A to this new program element, begin- The conferees agree to authorize an in- ened materials research in missile composite ning in fiscal year 2000 and continuing crease of $4.5 million for the precision guided structures and composite shroud assemblies. through fiscal year 2005. The Department mortar munitions program. The conferees re- The House recedes. shall ensure that all applicable competitive gret the inability to authorize an additional Missile technology procedures are used in the award of con- $5.0 million for the future direct support The budget request included $25.2 million tracts or other agreements related to the ob- weapon system because of limitations on in PE 62303A for missile technology. ligation and expenditure of these $20.0 mil- available appropriations. The conferees urge The House bill would authorize the budget lion, and that cost-sharing requirements for the Army to consider reprogramming up to request for missile technology in PE 62303A, non-federal participants be utilized where $5.0 million from other available funds to ac- but would authorize an increase of $8.0 mil- appropriate. The conferees direct that these celerate this program. The authorization of lion in scramjet technology development in funds be used to develop new materials and additional funding for the trajectory correct- PE 63003A. manufacturing processes for the purpose of able munitions program is addressed else- The Senate amendment would authorize an validating technology for installation of pol- where in this statement of managers. increase of $3.0 million for scramjet tech- lution abatement and enhancing weapons Combat vehicle and automotive advanced tech- nology in PE 62303A and an increase of $1.5 systems performance and reducing life cycle nology million for research in acoustic effects in the operations and maintenance costs. The De- The budget request included $54.4 million same program element. partment shall seek to accomplish this work in PE 63005A for combat vehicle and auto- The House recedes. by exploiting the capabilities of the National motive advanced technology. Combat vehicle and automotive technology Defense Center for Environmental Excel- The House bill would authorize an increase lence (NDCEE), where appropriate. The budget request included $40.1 million of $17.0 million, as follows: in PE 62601A for combat vehicles and auto- Command, control, and communications tech- (1) $10.0 million for advanced lightweight motive technology. nology composite materials; and The House bill would authorize an increase The budget request included $19.7 million (2) $7.0 million for innovative engine tech- of $10.0 million for the innovative industry in PE 62782A for command, control, and com- nology. and academia alternative vehicle propulsion munications technology. The Senate amendment would authorize an technology initiative. The House bill would authorize an increase increase of $3.0 million for aluminum metal The Senate amendment would authorize of $2.8 million for the Army multi-media matrix development. the budget request. communications device. The conferees agree to authorize an in- The conferees agree to authorize an in- The Senate amendment would authorize crease of $3.0 million for aluminum metal crease of $2.5 million for the innovative al- the budget request. matrix technology development and an in- ternative vehicle propulsion technology de- The Senate recedes. crease of $2.0 million for innovative engine veloped within industry and the academic Military engineering technology technology development. community, as described in the House report The budget request included $37.5 million Missile and rocket advanced technology (H. Rept. 105–532). The conferees further in PE 62784A for military engineering tech- The budget request included $86.1 million agree to a decrease of $5.0 million for the fu- nology including $3.3 million for cold regions in PE 63313A for missile and rocket advanced ture infantry and combat system. research. technology. H8302 CONGRESSIONAL RECORD — HOUSE September 22, 1998 The House bill and Senate amendment The conferees agree to a decrease of $35.0 Artillery systems-engineering and manufactur- would authorize a total decrease of $29.7 mil- million with the remaining funds made ing development lion, as follows: available for restructured research and de- The budget request included $0.1 million in (1) a $35.7 million decrease for the en- velopment requirements associated with the PE 64854A for artillery systems-engineering hanced fiber optic guided missile (E–FOGM) TOW missile. and manufacturing development. program; and The conferees note a recent Army decision The House bill would authorize an increase (2) a $6.0 million increase for the future to terminate the FOTT program due largely of $13.0 million, as follows: missile technology integration (FMTI) pro- to affordability concerns. (1) $8.0 million for digital fire control tech- gram. Combat feeding, clothing, and equipment nology for Crusader; and The conferees agree to authorize a decrease (2) $5.0 million for fire control technology of $29.7 million for missile and rocket ad- The budget request included $62.2 million to support research and development activi- for the lightweight howitzer. vanced technology, including a decrease of The Senate bill would authorize the budget $35.7 million for E–FOGM and an increase of ties associated with combat feeding, cloth- ing, and equipment development. request. $6.0 million for FMTI. The conferees agree to authorize an in- The House bill and the Senate amendment crease of $2.5 million for lightweight 155 fire Joint service small arms program would authorize the budget request. control technology. The budget request included $5.2 million in The conferees agree to authorize a decrease PE 63607A for joint service small arms pro- of $4.0 million that is no longer required due Decrease to Research, Development, Test and gram. to contract modifications and engineering Evaluation support programs The House bill would authorize an increase change proposals. The House bill would authorize a decrease of $3.5 million for the objective crew served Aviation-engineering development of $9.8 million to address insufficiently justi- weapon (OCSW). fied program growth in Research, Develop- The budget request included $6.6 million in The Senate amendment would authorize ment, Test and Evaluation (RDT&E) support PE 64801A for aviation engineering develop- the budget request. programs. The conferees agree to authorize an in- ment requirements. The Senate amendment would authorize a crease of $3.5 million for the OCSW program. The House bill would authorize an increase decrease of $27.0 million to address concerns of $5.0 million in PE 63801A for retinal dis- Tactical high energy laser regarding the management, infrastructure play technology. and support programs in the RDT&E budget. The budget request included no funds for The Senate amendment would authorize the joint U.S.-Israel Tactical High Energy The conferees agree to a total decrease of the budget request. $42.8 million, as follows: Laser (THEL) program. The conferees agree to authorize an in- The House bill would authorize an increase crease of $5.0 million in PE 64801A for retinal In millions of $10.0 million for THEL and related ad- display technology development. vanced technologies. Army: Weapons and munitions-engineering develop- The Senate amendment would authorize an PE 64759A—Major test & evaluation ment increase of $10.0 million to continue THEL support ...... ¥$1.0 testing and deployment activities. The budget request included $37.7 million PE 65301A—Kwajalien ...... ¥14.0 The conferees agree to authorize an in- to support requirements for improved weap- Navy: crease of $10.0 million for the THEL pro- ons and munitions. PE 65152N—Studies & analysis sup- gram. The House bill and the Senate amendment port ...... ¥1.0 Armament enhancement initiative would support the budget request. PE 65853N—Management, technical The conferees agree to a decrease of $2.0 The budget request included $26.5 million & International support ...... ¥11.0 million as contract savings no longer require in PE 63639A for the armament enhancement PE 65863N—RDT&E ship & aircraft the level of funding requested. initiative program. support ...... ¥2.0 The House bill would authorize an increase The conferees note that the Army contract PE 65864N—Test & evaluation sup- of $10.0 million for the tank extended range for mortar fire control systems did not re- port ...... ¥5.8 Air Force: munition-kinetic energy (TERM–KE) pro- quire the level of funding projected in the PE 65807F—Test & evaluation sup- gram. budget request. port ...... 4.0 The Senate amendment would authorize Landmine warfare/barrier-engineering develop- ¥ PE 65808F—Development planning 2.0 the budget request. ment ¥ Defense Agencies: The conferees agree to authorize an in- The budget request included $46.9 million PE 65804D—Developmental test & crease of $4.0 million for the TERM–KE pro- in PE 64808A for landmine warfare/barrier en- evaluation ...... ¥2.0 gram. gineering development activities. Comanche The House bill and the Senate amendment The conferees intend that the decrease taken in PE 65853N should not affect project The budget request included $367.8 million would support the budget request. X2222, and that this particular project be in PE 64223A for Comanche helicopter devel- The conferees agree to authorize a decrease moved from this program element to a more opment. of $5.5 million no longer required for the re- appropriate place in the budget. The House bill would authorize an increase mote anti-armor mine system program due of $62.0 million to accelerate testing of the to a slip in the program and the recent ap- Army technical test instrumentation and targets second Comanche prototype and for other proval of a reprogramming action. The budget request included $33.4 million risk reduction efforts. Radar development in PE 65602A for Army technical test instru- The Senate amendment would authorize an The budget request included $2.8 million to mentation and targets. increase of $24.0 million to accelerate flight support improvements to existing ground The House bill would authorize the budget testing of the second Comanche prototype. based radar systems. request. The conferees agree to authorize an in- The House bill would authorize the budget The Senate amendment would authorize an crease of $24.0 million to accelerate flight request. increase of $7.0 million for instrumentation testing of the second Comanche prototype. The Senate amendment would authorize an and targets. Electronic warfare development increase of $4.0 million in PE 64820A for de- The conferees agree to authorize an in- crease of $7.0 million for instrumentation The budget request included $86.0 million velopment of a passive adjunct sensor capa- and targets. in PE 64270A for electronic warfare develop- bility for the Sentinel radar. ment. The conferees agree to authorize an in- Survivability/lethality analysis The House bill would authorize an increase crease of $4.0 million to develop a passive ad- The budget request included $30.5 million of $5.0 million for the Shortstop electronic junct sensor capability for the Sentinel in PE 65604A for survivability/lethality anal- protection system. radar. ysis. The Senate amendment would authorize an Firefinder The House bill would authorize the budget increase of $8.6 million for advanced threat The budget request included $19.8 million request. infrared countermeasures (ATIRCM) devel- in PE 64823A for Firefinder radar develop- The Senate amendment would authorize an opment. ment activities. increase of $4.0 million for information war- The conferees agree to authorize an in- The House bill would authorize the budget fare vulnerability assessments. The conferees agree to authorize $4.0 mil- crease of $8.6 million for ATIRCM develop- request. lion for information warfare vulnerability ment. The Senate amendment would authorize an assessments. Follow-on to TOW increase of $0.9 million to accelerate new The budget request included $48.1 million software development for the Firefinder sys- Department of Defense high energy laser test fa- in PE 64325A for continued development of tem. cilities the follow-on to TOW (FOTT) system. The conferees agree to authorize an in- The budget request included $15.0 million The House bill and the Senate amendment crease of $0.9 million to accelerate software in PE 65605A for Department of Defense high would authorize the budget request. development. energy laser test facility. September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8303 The House bill would authorize the budget Aircraft engine component improvement pro- The conferees agree to authorize an in- request. gram crease of $5.0 million for the development of The Senate amendment would authorize an The budget request included $2.9 million to a DITT program. increase of $8.0 million for solid state laser develop improvements for Army aircraft en- Information systems security program technology, and urged the Army to devote gines. $1.5 million to address issues involving crys- The budget request included $7.4 million in The House bill would authorize an increase PE 303140A to meet information system secu- tal growth manufacturing. of $5.0 million for research and development The House recedes. rity requirements. of improved aircraft fuel pumps and an in- The House bill would authorize an increase Multiple launch rocket system product improve- crease of $4.0 million for full authority digi- of $5.0 million to continue the demonstration ment program tal engine control (FADEC) systems. program for military health care informa- The budget request included $20.2 million The Senate amendment would authorize tion protection. for the multiple launch rocket system the budget request. The Senate amendment would authorize (MLRS) product improvement program. The conferees agree to authorize an in- the budget request. The House bill would authorize an increase crease of $7.0 million, including $4.0 million of $6.0 million to accelerate development of for support research and development re- The conferees agree to authorize an in- high mobility artillery rocket system quirements for improved aircraft fuel pumps crease of $5.0 million to support continued (HIMARS). and $3.0 million for FADEC systems. development and demonstration of military The Senate amendment would authorize healthcare information protection measures. Force XXI warfighting rapid acquisition pro- the budget request. Manufacturing technology The conferees agree to authorize a net in- gram crease of $4.2 million, including an increase The budget request included $99.5 million The budget request included $150.7 million of $6.0 million for HIMARS research and de- in PE 23761A to support procurements re- for the Department of Defense manufactur- velopment activities, and a decrease of $1.8 quired for Army experimentation. ing technology (MANTECH) program includ- million for contract savings. The House bill and the Senate amendment ing: $14.5 million in PE 78045A; $59.0 million in PE 78011N; $51.0 million in PE 78011F; and Advanced field artillery tactical data system would authorize the budget request. $26.2 million in PE 78011S. The budget request included $35.1 million The conferees agree to a decrease of $30.0 million. The House bill would authorize an increase in PE 23726A for the advanced field artillery of $43.2 million for MANTECH: $27.2 million tactical data system (AFATDS). Missile/air defense product improvement pro- in PE 78045A; $8.6 million in PE 78011N; and, The House bill would authorize the budget gram $7.4 million in PE 78011F. request. The budget request included $11.3 million The Senate amendment would authorize an The conferees agree to an increase of $21.8 to develop improvements for Army missile million: $13.2 million for munitions manufac- increase of $12.5 million for airspace and air defense systems. deconfliction and technical fire support en- turing efforts within the Army MANTECH The House bill would authorize an increase hancements. program (PE 78045A) and $8.6 million in the of $12.0 million for further development of The conferees agree to authorize a net in- Navy MANTECH program (PE 78011N) to ad- the Stinger block II air defense missile. crease of $5.3 million in PE 23726A, including dress program shortfalls. The conferees ex- The Senate amendment would authorize an increase of $12.5 million for airspace pect the additional funds to be awarded the budget request. deconfliction and technical fire support en- using competitive procedures based on the hancements and a decrease of $7.2 million for The conferees agree to authorize an in- technical priorities established by the Army AFATDS 2000 development activities. crease of $6.0 million to support research and MANTECH technical council and the Navy development requirements for the Stinger MANTECH steering committee. Combat vehicle improvement programs block II missile system. Overview The budget request included $94.8 million Defense information technology test bed in PE 23735A for combat vehicle improvment The budget request for fiscal year 1999 con- programs. The budget request included no funding in tained an authorization of $8,108.9 million for The House bill would authorize the budget PE 23726A for the defense information tech- Navy, Research and Development in the De- request. nology test bed (DITT). partment of Defense. The House bill would The Senate amendment would authorize an The House bill would authorize an increase authorize $8,403.6 million. The Senate increase of $7.0 million for flat panel display of $6.6 million for DITT. This effort will es- amendment would authorize $8,188.9 million. technology development. tablish a fully electronic virtual intelligence The conferees recommended an authoriza- The conferees agree to authorize an in- archive for use by battlefield commanders. tion of $8,305.0 million. Unless noted explic- crease of $7.0 million for flat panel display The Senate amendment would authorize itly in the statement of managers, all technology development. the budget request. changes are made without prejudice. H8304 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8305 H8306 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8307 H8308 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8309 H8310 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8311 H8312 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8313 H8314 CONGRESSIONAL RECORD — HOUSE September 22, 1998 Marine mammal research Autonomous underwater vehicle and sonar de- continue the development of power node con- The budget request included $347.9 million velopment trol centers for advanced electrical distribu- in PE 61153N for the Navy’s defense research The budget request included $56.7 million tion system fault detection, switching, re- and sciences program. in PE 62435N for oceanographic and atmos- configuration, and control of shipboard elec- The House bill would authorize the use of pheric technology. trical systems. $500,000 from funds provided in PE 61153N for The House bill would authorize an increase The Senate amendment would authorize continuation of the Navy’s cooperative ma- of $10.0 million for advanced sensors and un- the budget request. The Senate recedes. rine mammal research program. manned underwater vehicle technologies. The Senate amendment would authorize The Senate amendment would authorize Composite helicopter hangar the budget request. the budget request. The budget request included no funding for The conferees agree to authorize the use of The conferees agree to authorize an in- continuation of a program to design and fab- $500,000 from funds provided in PE 61153N for crease of $10.0 million for advanced sensors ricate the outer shell of a DDG–51 helicopter continuation of the Navy’s cooperative ma- and unmanned underwater vehicle tech- hangar structure using composite materials. rine mammal research program. nologies. The Senate amendment would authorize an increase of $5.0 million in PE 63508N to con- Micro electronic systems technology Pulse detonation engine technology tinue a developmental effort to design and The budget request included $37.1 million The budget request included $2.0 million in fabricate the outer shell of a DDG–51 heli- in PE 62111N for air and surface launched PE 62633N for undersea warfare weaponry copter hangar structure using composite ma- weapons technology. technology. terials. The House bill would authorize the budget The House bill would authorize an increase The House bill would authorize the budget request. of $2.0 million for micro electronic systems request. The Senate amendment would authorize an technology. The House recedes. increase of $1.0 million for pulse detonation The Senate amendment would authorize Marine Corps advanced technology demonstra- engine technology. the budget request. tion The conferees agree to authorize an in- The conferees agree to authorize an in- The budget request included $41.9 million crease of $1.0 million for pulse detonation en- crease of $2.0 million for micro electronic for the Marine Corps advanced technology gine technology. systems technology. demonstration activities associated with the Stainless steel double hull research Air systems and weapons advanced technology Commandant’s warfighting laboratory. The House bill would authorize the budget The budget request included $43.2 million The budget request included $48.1 million in PE 63217N for air systems and weapons ad- request. in PE 62121N for ship, submarine and logis- The Senate amendment would authorize an tics technology. vanced technology. The House bill would authorize a net de- increase of $10.0 million dollars for accelera- The House bill would authorize the budget tion of warfighting experimentation activi- request. crease of $2.0 million, including a decrease of $7.0 million for the vectoring, extremely ties, including $5.0 million for the second The Senate amendment would authorize an phase continued evaluation of the broad-area increase of $3.0 million for stainless steel short take-off and landing control tailless operation research (VECTOR) project and an unmanned retail and re-supply operation double hull research. (BURRO). The Senate amendment would also The conferees agree to authorize an in- increase of $5.0 million for the completion of the DP-2 proof of concept demonstration. authorize an increase of $1.0 million for eval- crease of $3.0 million for stainless steel dou- uation of the K-band training/test instru- ble hull research. The Senate amendment would authorize the budget request. mentation system. Communications, command, control, and intel- The Senate recedes. The conferees agree to authorize an in- ligence crease of $11.0 million in PE 63640M, includ- Precision strike and air defense technology The budget request included $65.0 million ing $10.0 million for acceleration of in PE 62232N for communications, command, The budget request included $58.3 million warfighting experimentation, to include $5.0 control, and intelligence. in PE 63238N for precision strike and air de- million of this amount for the evaluation of The House bill would authorize an addi- fense technology research. the BURRO concept, and $1.0 million for tional $1.0 million for hybrid fiberoptic/wire- The House bill would authorize the budget evaluation of the K-band training/test in- less communication systems. request. strumentation system. The Senate amendment would authorize a The Senate amendment would authorize an The conferees note that the Senate report decrease of $5.0 million for the strategic increase of $5.0 million for mobile offshore (S. Rept. 105–189) would direct the Secretary sustainment program with the communica- base (MOB) research. of the Navy to provide a report on the long- tions, command, control, and intelligence The conferees agree to authorize a net de- term plan for developing a ‘‘red team’’ coun- account. crease of $4.9 million to PE 63238N, including termeasures efforts activity to keep pace The conferees agree to authorize a net de- an increase of $4.0 million for MOB research with the warfighting experiment efforts. The crease of $5.0 million in PE 62232N, including and a decrease of $8.9 million to fleet ad- Secretary was directed to provide the report an increase of $1.0 million for the hybrid vanced demonstrations. to the congressional defense committees by fiberoptic/wireless communications systems Advanced electric systems studies May 15, 1999. Pending submission of the re- and a decrease of $6.0 million for the strate- The budget request included $14.8 million port, obligation of funds for the warfighting gic sustainment program. in PE 63508N for fabrication, demonstration, laboratory effort would have been limited to no more than 85 percent of the funds avail- Materials, electronic and computer technology development, and concept studies for quiet electric propulsion motor technologies. able. The budget request included $77.6 million The conferees acknowledge the ongoing The House bill would authorize the budget in PE 62234N for materials, electronic and work on the ‘‘red team’’ effort and that the request. computer technology. Marine Corps and Navy will be able to sub- The Senate amendment would authorize a The House bill would authorize an increase mit the required report on schedule. How- decrease of $1.0 million in PE 63508N to of $12.0 million, including $2.5 million for ever, the Marine Corps has indicated that eliminate premature studies and reduce in- thermal management materials, $3.0 million limiting obligations of funds until the report termediate scale development. for cryoelectronics waveform generator, $3.5 The House recedes. is submitted may cause the Department to million for silicon carbide technology, and forego some efforts that are important $3.0 million for carbon/carbon heatshields. Power electronic building blocks and power pieces of the Urban Warrior exercise. The Senate amendment would authorize an node control centers The conferees agree that the Secretary increase of $6.0 million, including $1.5 mil- The budget request included $39.3 million should submit the report as directed in the lion for thermal management materials; $2.0 in PE 63508N for surface ship and submarine Senate report. However, the conferees fur- million for electronic propulsion technology, hull, mechanical, and electrical advanced ther agree that the limitation on obligation and $2.5 million for carbon/carbon technology. The budget request included is not needed to ensure timely submission of heatshields. funding to continue the development and the report and could be counterproductive to The conferees agree to authorize a net in- demonstration of power electronic building this important experimentation effort. crease of $13.5 million in PE 62234N, includ- blocks and power node control centers for Freeze dried blood ing an increase of $2.5 million for thermal shipboard electrical power systems. The budget request included $18.7 million management materials, an increase of $2.5 The House bill would authorize an increase in PE 63706N for medical development. million for carbon/carbon heat shield, an in- of $6.0 million in PE 63508N to continue the The House bill would authorize the budget crease of $3.0 million for the cryoelectronics program to accelerate the development of request. waveform generator, an increase of $3.5 mil- power electronic building block technology The Senate amendment would authorize an lion for silicon carbide technology, and an and the use of virtual prototyping and a vir- increase of $1.0 million for freeze dried blood increase of $2.0 million for the development tual test bed to demonstrate and evaluate research. of applied high temperature superconducting advanced shipboard electrical power system The conferees agree to authorize an in- technology for synchronous AC electronic concepts. The House bill would also author- crease of $1.0 million for freeze dried blood propulsion. ize an increase of $2.0 million in PE 63508N to research. September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8315 Advanced lightweight influence sweep system search and development (R&D) and feasibil- dent submarines for use in other than strate- The budget request included $4.2 million ity studies including $149.5 million in PE gic missions. for advanced mine sweeping. 63512N and $40.6 million in PE 63564N. The The Senate amendment would authorize an The Senate amendment would authorize an budget request also included $38.5 million in increase of $1.0 million to PE 63564N for the increase of $1.0 million to PE 603782N for the PE 64567N for CVN–77 contract design. Secretary of Defense to conduct an analysis advanced lightweight influence sweep sys- The House bill and the Senate amendment of converting some of the Trident SSBNs to tem (ALISS) which is focused on developing would authorize the budget request. The SSGN-configuration and would direct the high temperature superconducting magnets House bill contained a provision (sec. 212) Secretary to provide a report of the analysis and acoustic transducers to sweep influence that would authorize $50.0 million of those to the congressional defense committees no mines targeted against specific classes of funds for CVN–77 technologies that would be later than March 1, 1999. applicable to both CVN–77 and CV(X). The Navy ships. The House bill would authorize the budget The House bill would authorize the budget Senate amendment contained a similar pro- request. request. vision (sec. 212) that would direct that the The House recedes. $50.0 million be applied exclusively to CVN– The conferees agree to authorize $1.0 mil- Intercooled recuperated gas turbine engine lion for ALISS. 77 technologies. The conferees strongly endorse the need to The budget request included $23.5 million Aviation survivability develop new technologies that will reduce in PE 63573N for continued development of The budget request included $8.2 million in life cycle costs and improve operational ef- the inter-cooled recuperated (ICR) gas tur- PE 63216N for aviation survivability equip- fectiveness of future aircraft carriers. The bine engine. The budget request would also ment. Chief of Naval Operations has advised the continue testing of the ICR gas turbine en- The House bill would authorize an increase conferees that the most pressing need for the gine under Memoranda of Understanding of $6.0 million as follows: CV(X) is the initial development of a next (MOUs) with the United Kingdom and (1) $3.0 million for ejection seats; and generation propulsion plant of sufficient France. (2) $3.0 million for the Escape System Dy- flexibility to support future technology in- The House bill would authorize the budget namic Flow Test Facility. sertion and performance improvements, request. The House report (H. Rept. 105–532) The Senate amendment would authorize while reducing propulsion plant life cycle would direct the Secretary of the Navy to the budget request. costs. provide an updated report on the resolution The conferees agree to authorize an in- The conferees note a recent Navy decision of technical, programmatic, and funding crease of $3.0 million for the Escape System to alter the design for the first CV(X). The issues required to insure a stable develop- Dynamic Flow Facility. conferees understand that the Navy’s new ment program supported by the fiscal year ASW systems development plan to transition to the next generation air- 2000 budget request. The House report would craft carrier will be an evolutionary develop- The budget request included $20.1 million also require consideration of the ICR engine ment in which carrier design changes will be for ASW systems development. among the alternatives for the prime power incremental over several of the first genera- The House bill would authorize an increase plant for the DD–21 land attack destroyer. tion of CV(X) carriers. of $3.0 million for ASW systems develop- Unfortunately, the congressional defense The Senate amendment would authorize an ment. committees were provided with conflicting increase of $5.0 million in PE 63573N for con- The Senate amendment would authorize information regarding the Navy’s purported tinued development and testing of the ICR the budget request. change in plans regarding CV(X) and the engine. The conferees agree to authorize an in- Navy’s intentions for near-term and Future The conferees agree to authorize the budg- crease of $3.0 million to continue the devel- Years Defense Program funding. These mixed et request. opment and testing of advanced anti-sub- communications are only now being sorted The conferees are aware that negotiations marine warfare technologies on the BEAR- out. In the meantime, this conflicting infor- are underway among MOU signatories to re- TRAP platform. mation has caused some of the congressional structure the ICR program. This restructur- Studies and experiments for combat systems en- defense committees to propose significant ing would bring the engine to a point where gineering reductions to the budget request for fiscal it could be an industry candidate for DD–21 The budget request included $8.6 million year 1999 CV(X) R&D funding. vice a fully government qualified engine. for studies and experiments for advanced The conferees agree to authorize a reduc- The conferees understand that this would in- combat systems engineering that, poten- tion of $80.0 million in PE 63512N without volve completing a second 500 hour test and tially, could be leveraged into new ship class prejudice due to the ongoing refinement of conducting a fifth design review. The 3000 computer architectures. the Navy’s planning for CV(X). The conferees hour test and other efforts would be The Senate amendment would authorize a would be very receptive to a Navy request transitioned to other signatories of the decrease of $2.0 million in PE 63382N for stud- for additional authorization of CV(X) fund- MOUs who intend to evaluate the ICR as the ies and experiments not directly connected ing for fiscal year 1999 once the Navy makes prime mover for the Common New Genera- to correcting warfighting deficiencies in 21st available the restructured CV(X) plan and tion Frigate program. century platforms. supporting documentation. The conferees The conferees believe that this is a reason- The House bill would authorize the budget strongly encourage the Secretary of Defense able approach to further ICR development request. to submit such a request once the restruc- and the Navy should consider the ICR engine The conferees agree to authorize a decrease tured CV(X) plan is completed. as a competitor for serving as the prime of $2.0 million in PE 63382N. The conference agreements include a pro- mover in future Navy ships. vision on CVN–77 R&D funding (sec. 212) Remote minehunting system Environmentally safe energetic materials which is addressed elsewhere in this report. The budget request included $73.5 million The budget request included $39.8 million Shipboard systems component development in PE 63502N for surface and shallow water in PE 63609N for conventional munitions mine countermeasures demonstration and The budget request included $27.7 million demonstration and validation. validation, including $11.0 million for the re- for surface ship non-propulsion system com- The House bill would authorize an increase mote minehunting system (RMS). The budg- ponent development. of $3.0 million in PE 63609N to accelerate the The House bill would authorize an increase et request also included $32.9 million for pro- program for the development of propellants of $1.0 million in PE 63513N for the qualifica- curement of minesweeping system replace- and explosives that utilize environmentally tion and testing required to develop a new ment equipment. compliant energetic materials for undersea, 150-kilowatt static frequency converter. surface, and other weapons systems. The House bill would authorize an increase The Senate amendment would authorize The Senate would authorize the budget re- of $7.0 million in PE 63502N to continue ac- the budget request. celerated development and fielding of the It has come to the attention of the con- quest. RMS. The House bill would approve the pro- ferees that fiscal year 1999 test article pro- The conferees agree to authorize an in- curement budget request. curement, installation and implementation crease of $3.0 million in PE 63609N to acceler- The Senate amendment would authorize a programs assume low risk scenarios for re- ate the program for the development of pro- transfer of $15.9 million included in the budg- search scheduled for fiscal year 1998 and pellants and explosives that utilize environ- et request for procurement to PE 63502N for early fiscal year 1999. These low risk sce- mentally compliant energetic materials for RMS research and development. This shift narios are not supported by available docu- undersea, surface, and other weapons sys- would enable the Navy to develop the modu- mentation. Therefore, the conferees agree to tems. lar V4 design to accommodate advanced sen- a decrease of $2.0 million to PE 63513N. Marine Corps assault vehicles sors for RMS. The conferees also agree to authorize an The budget request included $104.8 million The conferees agree to authorize a decrease increase of $1.0 million in PE 63513N for the for Marine Corps assault vehicle research of $15.9 million for the procurement of RMS qualification and testing required to develop and development activities. and an increase of $7.0 million in PE 63502N a new 150-kilowatt static frequency con- The House bill would authorize an increase for RMS. verter. of $4.0 million for further development of ad- Future aircraft carrier transition technology SSGN study ditional propulsion and suspension alter- The budget request included a total of The budget request did not include funding natives for the advanced amphibious assault $190.1 million for future aircraft carrier re- for analyzing alternatives for converting Tri- vehicle (AAAV). H8316 CONGRESSIONAL RECORD — HOUSE September 22, 1998 The Senate amendment would authorize The House bill would authorize a decrease Parametric airborne dipping sonar the budget request. of $20.0 million due to the lack of a thorough The budget request included no funding for The conferees agree to authorize an in- analysis of gun system alternatives and suf- the parametric airborne dipping sonar crease of $4.0 million for unfunded research ficient consideration of gun and missile sys- (PADS). and development requirements of the AAAV. tem technical requirements and operational The Senate amendment would authorize an Marine Corps ground combat/support system roles. increase of $8.0 million in PE 64212N for the The budget request included $37.1 million The Senate amendment contained a simi- continued development of PADS. for Marine Corps ground combat/support re- lar provision that would authorize a decrease The House bill would authorize the budget search and development activities. of $10.0 million. request. The budget request included no funds in ei- The conferees authorize a decrease of $10.0 The conferees agree to authorize an in- ther the Army or Marine Corps research and million in PE 63795N and direct the Sec- crease of $8.0 million in PE 64212N for the development programs for improving howit- retary of the Navy to report to the congres- continued development of PADS. zer capability by continuing development of sional defense committees the results of an Common support aircraft analysis of all advanced gun designs, as well trajectory correctable munitions (TCM). The budget request included $27.1 million as ammunition availability for those de- The House bill would authorize an increase in PE 64217N for the Common Support Air- signs, prior to the obligation of funds for a of $2.5 million for further development of craft (CSA). prototype advanced gun system. lightweight 155mm howitzer requirements. The House bill would authorize a decrease The House bill would also authorize an in- Joint strike fighter of $27.1 million for the CSA program. crease of $6.0 million in PE63004A to con- The budget request included $463.4 million The Senate amendment would authorize tinue Army development of TCM. in PE 63800N for the joint strike fighter the budget request. The Senate amendment would authorize an (JSF). The conferees agree to authorize a decrease increase of $4.0 million for the Predator mis- The House bill would authorize the budget of $27.1 million for the CSA program. sile system to maintain the development and request. Electronic warfare development fielding schedule. The conferees agree to authorize an in- The Senate amendment would authorize an The budget request included $128.6 million crease of $9.5 million for Marine Corps increase of $15.0 million for the JSF alter- in PE 64270N for electronic warfare. ground combat and support system research nate engine program. The House bill would authorize the budget and development requirements. Of this The conferees agree to authorize an in- request. amount, $2.5 million is for research and de- crease of $15.0 million for the JSF alternate The Senate amendment would authorize an velopment requirements of the lightweight engine program. increase of $10.0 million for the Integrated 155mm howitzer, $2.0 million is to support Nonlethal weapons and technologies of mass Defensive Electronic Countermeasures Predator system development and fielding protection program (IDECM) system. The conferees agree to authorize an in- schedule, and $5.0 million is for development The budget request included $22.6 million crease of $9.3 million in PE 64270N to of TCM. The conferees note that the Army for the nonlethal weapons (NLW) and tech- accomodate a restructure of the IDECM pro- has demonstrated a lack of commitment to nologies program (PE 63851M). gram, offset by a decrease of $9.3 million in continue TCM development and believe there The House bill would authorize the budget line 43, Aircraft Procurement Navy. could be application for TCM technology request. within the Marine Corps’ concept of oper- The Senate amendment would authorize an Laboratories and field activities monitoring ef- ations. The conferees direct the Marine increase to the budget request of $13.3 mil- forts Corps to provide the congressional defense lion for the following activities, including The budget request included $132.5 million committees a report, no later than 31 Janu- $6.3 million for the development and fielding for surface combatant combat system engi- ary 1999, on a concept of operations for using of near-term, low-technology NLW tech- neering in PE 64307N, including $19.2 million TCM in Marine Corps operations and on TCM nologies and $7.0 million for the development was requested for laboratory and field activ- program development plans and procurement of nonlethal tactical denial systems. The ity unspecified scientific services for mon- forecast. Senate amendment would make available itoring baseline efforts. Aviation depot maintenance $2.0 million for activities of the Human Ef- The Senate amendment authorized a de- The budget request included $59.4 million fects Panel of the Joint Non-Lethal Direc- crease of $3.0 million to unspecified scientific in PE 63721N for environmental protection torate and $500,000 for complete type classi- services. demonstration and validation, including $3.5 fication of non-lethal weapons technology The House bill would authorize the budget million for Naval aviation pollution preven- that can be mounted on existing weapons, request. tion. such as M4 carbines and M16 rifles. The conferees agree to authorize a decrease The House bill would authorize an increase The House recedes. of $3.0 million to unspecified scientific serv- of $2.7 million for the development and dem- The conferees remain concerned that the ices. onstration of aviation depot maintenance Department of Defense and the military DDG–51 composite director room technologies that will significantly reduce services continue to conduct research and The budget request in PE 64307N did not in- maintenance and repair costs and reduce or development on NLW activities that benefit clude funding for design and test of a com- eliminate hazardous waste and pollution all services outside the purview of the estab- posite director room for the DDG–51 class of products. lished defense NLW program, and without ships. The Senate amendment would authorize oversight by the executive agent, the Marine The Senate amendment would authorize an the budget request. Corps. The conferees endorse the position ex- increase of $5.0 million in PE 64307N for con- The conferees agree to authorize an in- pressed in the Senate report (S. Rept. 105– tinuation of a project to design and test a crease of $2.7 million in PE 63721N for the de- 189) that ‘‘all’’ nonlethal weapons technology composite director room for the DDG–51 velopment and demonstration of aviation research and development be consolidated class of ships. The House bill would author- depot maintenance technologies to reduce into a single program element, with manage- ize the budget request. overall costs and enhance pollution preven- ment and oversight of the program con- The conferees agree to authorize an in- tion measures. ducted by the Marine Corps, as executive crease of $2.5 million in PE 64307N for con- Naval surface fire support system integration agent. tinuation of a project to design and test a The budget request included $21.6 million Commercial off-the-shelf insertion just prior to composite director room for the DDG–51 for a new initiative to develop surface fire critical design review for helicopter improve- class of ships. support planning and control systems for the ment Multi-purpose processor 5-inch 62 gun on DDG–51 ships and the 155mm The budget request included $231.1 million The budget request included $37.2 million vertical gun for the future DD–21 class of in PE 64212N for antisubmarine warfare and for submarine sonar improvement. The ships. other helicopter development. Of this multi-purpose processor (MPP) is the result The Senate amendment would authorize a amount, $25.0 million would continue efforts of a small business innovative research decrease of $7.7 million to PE 63795N to to incorporate commercial off-the-shelf (SBIR) initiative developed under the spon- eliminate the possibility of developing a (COTS) technology during the two fiscal sorship of the new nuclear attack submarine stand-alone system for DD–21. quarters prior to a second critical design re- (NSSN) program. The House bill would authorize the budget view. The House bill would authorize an increase request. The House bill would authorize the budget of $15.0 million to continue the research and The conferees agree to authorize a reduc- request. development necessary for the introduction tion of $1.6 million. The Senate amendment would authorize a of MPP technology in submarine and other Vertical gun for advanced ships decrease of $1.0 million in PE 64212N to in- naval sonar systems. The budget request included $25.1 million sert COTS technology. The Senate amendment would authorize an in PE 63795N for a new initiative to develop The conferees agree to authorize a decrease increase of $15.0 million in PE 64503N for con- a prototype vertical gun for land-based test- of $1.0 million in PE 64212N to insert COTS tinuation of the SBIR follow-on for advanced ing. technology. development of MPP transportable software September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8317 technology, technology insertion, advanced cluding $5.0 million for Seawolf submarine The conferees agree that horizon search, processor software builds, and for providing shock testing. for which an IRST system would be optimal, MPP units and training throughout the fleet The House bill and the Senate amendment is an area of relative weakness for active and the Navy research and development com- would authorize the budget request. radar. In the statement of managers accom- munity. The conferees agree to a decrease of $5.0 panying the National Defense Authorization The conferees agree to authorize an in- million in PE 64561N. The conferees recent Act for Fiscal Year 1996, the conferees noted crease of $15.0 million in PE 64503N for con- indicators that the total cost of a one-half that the Navy’s cost and operational effec- tinuation of the SBIR follow-on for advanced shock factor test would be $47.0 million. The tiveness analysis supported the conclusion development of MPP transportable software conferees have concluded that the additional that IRST has the potential to play a very technology, technology insertion, advanced information accumulated from conducting a important role in defending naval ships processor software builds, and for providing one-half shock factor test would not justify against sea skimming anti-ship missiles. The MPP units and training throughout the fleet the $47.0 million cost. conferees note, however, the Navy’s incon- and the Navy research and development com- DD–21 land attack destroyer sistent support for the IRST program, the re- munity. The budget request included $133.6 million duction of IRST funding in order to support Air control in PE 64567N for ship contract design and other Navy programs, and the absence of any The budget request included $4.2 million in live fire test and evaluation including $84.9 funds in the Navy’s budget projections to PE 64450N for air control research. million was requested for the Navy’s DD-21 complete engineering and manufacturing de- The House bill would authorize the budget land attack destroyer program and $8.6 mil- velopment of the system and procurement of request. lion for the second year of DD-21 live fire IRST for the fleet. The Senate amendment would authorize an test and evaluation. The conferees acknowledge that proposals increase of $4.0 million for the expeditionary The House bill would authorize a decrease made within the Department of the Navy common automatic recovery system of $25.0 million in PE 64567N for the DD-21 staff to establish an international coopera- (ECARS). The ECARS is a lightweight, man- land attack destroyer. tive program with the Netherlands and Can- portable instrument landing system capable The Senate amendment would authorize a ada for development of IRST. The conferees of providing azimuth and glide slope infor- reduction of $8.6 million, without prejudice, believe that such a cooperative program mation to manned aircraft and UAVs. to reflect the re-phasing of the DD-21 pro- could be one avenue for developing this capa- The conferees agree to authorize an in- gram which was not reflected in the DD-21 bility. The conferees direct the Secretary of crease of $4.0 million to PE 64504N for live fire test and evaluation budget request. the Navy to report to the congressional de- ECARS development. The House recedes. fense committees by March 1, 1999, the Submarine sonar domes The conferees agree that the unique com- Navy’s plan and funding requirements for op- The budget request included $218.8 million petitive teaming structure agreed upon for timizing horizon search for defense of sur- in PE 64558N for the New Design SSN (NSSN) the first two phases of DD-21 might lead to face ships and the potential for application program. either the program office relying on analysis of IRST technology to other platforms. The House bill would authorize an increase from team members to evaluate options or Voice instructional devices of $7.0 million in PE 64558N to complete fab- the program office may grow to a size larger The budget request included $4.3 million in rication of a full-scale sonar dome using this than originally intended. The program office acoustic sandwich material system for fur- PE 64771N for medical development. has indicated that a smaller office size is The House bill would authorize the budget ther evaluation and testing. possible by using Navy laboratory and field The Senate amendment would authorize request. activity personnel to evaluate contractor ap- The Senate amendment would authorize an the budget request. plications of technology, systems engineer- The conferees agree to authorize an in- increase of $1.0 million for voice instruc- ing, and innovative designs. The conferees crease of $7.0 million to determine whether tional devices (VID) technology. encourage the Navy to resist creating an- The conferees agree to authorize an in- an acoustic sandwich material sonar dome other level of bureaucracy and growing the crease of $1.0 million for voice instructional system is capable of meeting submarine re- program office, and instead coordinate eval- quirements for sonar domes. devices (VID) technology. uation of contractor options using in-place NSSN advanced technology insertion Distributed surveillance system Navy expertise. The budget request included $42.0 million The budget request included $218.8 million Smart propulsor product model in PE 64558N for the New Attack Submarine in PE 64784N for advanced deployable system (NSSN) program, including $146.4 million for The budget request included $7.0 million (ADS) engineering and manufacturing devel- NSSN hull, mechanical, and electrical sys- for continuation of the development of the opment. The House bill would authorize an increase tems development, and $72.5 million for smart propulsor product model (SPPM) for of $6.7 million to continue the planned intro- NSSN combat systems development. future ships. The House bill would authorize an increase The Senate amendment would authorize an duction of automation and data fusion capa- of $10.0 million for the development of high increase of $4.0 million in PE 64567N for the bility for the ADS demonstration system. The Senate amendment contained no simi- priority submarine technologies that are SPPM. currently unfunded and the insertion of The House bill would authorize the budget lar provision. The conferees agree to authorize an in- these technologies into the NSSN program. request. crease of $6.7 million to continue the planned The House bill also encouraged the Navy to The House recedes. introduction of automation and data fusion reprogram from within available funds the NULKA antiship missile decoy system electro- capability for the ADS demonstration sys- procurement funding (less than $5.0 million) magnetic compatibility tem. necessary to complete the technology inser- The budget request included $2.3 million tion in the appropriate NSSN hulls. for continued development and testing of the Battle force tactical training The Senate amendment would authorize electro-magnetic compatibility (EMC) up- The budget request included $5.9 million the budget request. grade to the NULKA active countermeasures for the surface tactical team trainer (STTT). The conferees agree to authorize an in- decoy. The STTT is designated to further develop crease of $8.0 million in PE 64558N for the de- The Senate amendment would authorize an an existing system, the battle force tactical velopment of high priority submarine tech- increase of $2.0 million in PE 64755N to com- training (BFTT) system, so it will be able to nologies that are currently unfunded and the plete the development and operational test- provide joint warfare training. A highly suc- insertion of these technologies into the ing of the EMC upgrade. cessful small business innovative research NSSN program. The House bill would authorize the budget (SBIR) project, N96–111, leveraged the capa- Non-propulsion electronics system request. bilities of commercial off-the-shelf operating The budget request included $218.8 million The conferees agree to authorize an in- systems and processors. in PE 64558N for New Attack Submarine crease of $2.0 million in PE 64755N to com- The Senate amendment would authorize an (NSSN) non-propulsion development. plete the development and operational test- increase of $7.0 million in PE 24571N for the The Senate amendment would authorize an ing of the EMC upgrade. purpose of SBIR phase III follow-on work to increase of $12.0 million for integration of 15 Infrared search and track system continue the BFTT operating system conver- non-propulsion electronics system (NPES) The budget request included $983,000 in PE sion. The House bill would authorize the budget subsystems to reduce NSSN life-cycle costs. 64755N to continue engineering and manufac- request. The House bill would authorize the budget turing development and at sea testing of an The conferees agree to authorize an in- request. infrared search and track (IRST) system. crease of $5.0 million in PE 24571N for the The conferees agree to authorize an in- The House bill would authorize the budget purpose of SBIR phase III follow-on work to crease of $6.0 million in PE 64558N for inte- request. gration of 15 non-propulsion electronics sys- The Senate amendment would authorize an continue the BFTT operating system conver- tem subsystems to reduce NSSN life-cycle increase of $6.5 million for continued devel- sion. costs. opment of the IRST system. High Speed Anti-Radiation Missile Improvement System level shock testing The conferees agree to authorize an in- The budget request included $18.9 million The budget request included $27.5 million crease of $5.0 million in PE 64755N for contin- in PE 25601N for High Speed Anti-Radiation for SSN-21 developments in PE 64561N in- ued development of the IRST system. Missile Improvement. H8318 CONGRESSIONAL RECORD — HOUSE September 22, 1998 The House bill would authorize an increase The conferees agree to authorize an in- $8.4 million from PR 35206D8Z and an in- of $15.0 million for the Advanced Anti-Radi- crease of $3.0 million in PE26623M for devel- crease of $8.0 million for EO framing tech- ation Guided Missile (AARGM). opment of an automatic target tracking sys- nology. The Senate amendment would authorize tem for the M1 tank. The conferees believe that the Department the budget request. Airborne reconnaissance systems should select the system and the upgrades for using the EO framing resources that The conferees agree to authorize an in- The budget request included no funding for would best meet requirements. The conferees crease of $10.0 million to accelerate AARGM the Navy in PE 35206N to develop airborne understand that the term ‘‘forward motion development. reconnaissance systems. The budget request compensation’’ is a proprietary term that included $8.4 million in PE 35206D8Z that the Marine corps ground combat/supporting arms could unnecessarily limit the choices of the Department of Defense asked to be systems Department for improving the optical capa- transfered to the Navy program element. bility of sensors deployed in tactical aircraft The budget request included $14.7 million These funds included $4.6 million for develop- and other platforms. for the Marine Corps ground combat/support- ment of framing reconnaissance cameras. ing arms systems. The House bill would authorize an increase Overview The House bill would authorize an increase of $8.0 million in PE 35207D8Z to accelerate The budget request for fiscal year 1999 con- of $8.0 million, including $5.0 million for re- the development of electro-optical (EO) tained an authorization of $13,598.1 million search and development requirements associ- framing technology. The House Report (H. for Air Force, Research and Development in ated with the Shortstop electronic protec- Rept. 105–532) noted support of EO framing the Department of Defense. The House bill tion system and an increase of an additional technology with ‘‘on chip forward motion would authorize $13,577.2 million. The Senate $3.0 million would be for development of an compensation.’’ amendment would authorize $13,635.0 mil- automatic target tracker for the M1 Abrams The Senate amendment would approve the lion. The conferees recommended an author- tank. budget request. ization of $13,918.7 million. Unless noted ex- The Senate amendment would authorize The conferees agree to authorize $16.4 mil- plicitly in the statement of managers, all the budget request. lion for PE 35206N, including the transfer of changes are made without prejudice. September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8319 H8320 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8321 H8322 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8323 H8324 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8325 H8326 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8327 H8328 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8329 Friction welding The House bill would authorize an increase The House bill would not authorize addi- The budget request included $62.6 million of additional $13.0 million, including $3.0 mil- tional funds for SOTV. in PE 62102F for materials research. lion for ejection seat technology, $5.5 million The conferees agree to authorize an in- The House bill would authorize the budget for laser aircrew protection, and $4.5 million crease of $7.5 million in PE 63401F for SOTV. request. for panoramic night vision technology. The conferees support the solar powered or- The Senate amendment would authorize an The Senate amendment would authorize an bital transfer vehicle program, which com- increase of $1.5 million to develop and opti- increase of $3.0 million for panoramic night bines thermionic technology for electricity mize friction welding techniques. vision technology. production and thermal propulsion which The conferees agree to authorize an in- The conferees agree to authorize an in- can be used to move spacecraft to higher or- crease of the $1.5 million to develop and opti- crease of $11.5 in PE 63231F, including an in- bits or new orbits. mize friction welding techniques. crease of $3.0 million for panoramic night vi- Low cost launch technology development sion technology; an increase of $3.0 million Integrated high performance turbine engine pro- The budget request included no funds for for ejection seat technology; and an increase gram low cost launch technology development. of $5.5 million for laser aircrew protection. The budget request included a total of $15.0 The Senate amendment would authorize million for the integrated high performance Electronic combat technology the following increases for low cost launch turbine engine program (IPTEP). The budget request included $25.6 million technology: (1) an increase of $5.0 million for The House bill would authorize the budget in PE 63270F for electronic combat tech- the Scorpius concept in PE 63173C; (2) an in- request. nology. crease of $5.0 million for the Excalibur con- The Senate amendment would authorize a The House bill would authorize an increase cept in PE 63173C; and (3) an increase of $5.0 decrease of $9.0 million: $4.0 million in PE of $9.0 million for the ALR–69 Radar Warning million in PE 63401F for the Air Force to uti- 62203F; $3.0 in PE 63202F; and $2.0 in PE Receiver. lize in support of low cost launch technology 63216F for IPTEP. The Senate amendment would authorize an development. The House recedes. increase of $14.0 million for the ALR–69 Pre- The House bill would authorize the budget Variable displacement vane pump cision Location and Identification upgrade. request for low cost technology development. The budget request included $69.0 million The conferees agree to authorize an in- The conferees agree to authorize an in- in PE 62203F for aerospace propulsion. crease of $14.0 million for the ALR–69 Preci- crease of $10.0 million in PE 63401F and no The House bill would authorize the budget sion Location and Identification upgrade. funds in PE 63173C for low cost launch tech- request. Ballistic Missile Technology nology development. The conferees direct The Senate amendment would authorize a The budget request included no funds in the Secretary of the Air Force to utilize decrease of $4.0 million, as discussed else- PE 63311F for the Ballistic Missile Tech- these funds in support of the Scorpius and where in this statement of managers, and an nology (BMT) program. Excalibur concepts in a manner that is most increase of $2.0 million for the variable dis- The House bill would authorize an increase effective. The conferees also believe that the placement vane pump program. of $16.0 million in PE 63311F for advanced Air Force should begin to program sustain- The House recedes. ballistic missile technology and the conven- ing funds to support these technology efforts High frequency active auroral research program tional ballistic missile demonstration, as in the outyears. The budget request included no funding for well as transfer $1.3 million from PE 63401F Space maneuver vehicle the high frequency auroral research program to PE 63311F. The budget request did not include funds (HAARP). The Senate amendment would authorize an for space maneuver vehicle or common aero The House bill would authorize the budget increase of $5.0 million in PE 63311F to sup- vehicle technology development. request. port an additional missile technology dem- The House bill would authorize an increase The Senate amendment would authorize an onstration (MTD–4). of $15.0 million in PE 63401F to support de- increase of $14.0 million for HAARP, includ- The conferees agree to authorize an in- velopment of space maneuver vehicle and ing: $9.0 million in PE 62601F; $3.0 million in crease of $16.0 million in PE 63311F for ballis- common aero vehicle technology develop- PE 63160BR; and $2.0 million in PE 63714D. tic missile technology and GPS range safety. ment. The conferees agree to authorize a total of Micro-satellite technology development program The Senate amendment would authorize an $14.0 million for HAARP, as recommended in The budget request did not include funds increase of $10.0 million in PE 65864F for the Senate amendment. for the micro-satellite technology program. space maneuver vehicle technology develop- The purpose of HAARP is to explore the The House bill would authorize an increase ment. use of low-frequency electromagnetic waves of $4.0 million in PE 63401F for the micro-sat- The conferees agree to authorize no in- for detecting and imaging underground ellite technology program. crease in fiscal year 1999 funds, but note that structures and tunnels and to determine the The Senate amendment would authorize an $10.0 million is available in fiscal year 1998 viability and military utility of the HAARP increase of $10.0 million in PE 63401F for the funds appropriated for the Military concept. The conferees direct the Secretary micro-satellite technology program. Spaceplane. The conferees agree to authorize of the Air Force to report to the congres- The conferees agree to authorize an in- the use of these fiscal year 1998 funds for sional defense committees on the potential crease of $10.0 million in PE 63401F for the space maneuver vehicle or common aero ve- applications and use of the HAARP concept micro-satellite technology program. hicle technology development. to support military and intelligence objec- The conferees note that $30.0 million is The conferees direct the Air Force to work tives with the submission of the fiscal year available in fiscal year 1998 funds for the with the National Aeronautics and Space Ad- 2000 budget request. Clementine II program. The conferees agree ministration (NASA) on developing respon- Protein-based memory to authorize the use of these funds for the sive, reusable space access systems such as The budget request included $65.2 million micro-satellite technology development pro- the space maneuver vehicle, which could in PE 62702F for command control and com- gram established pursuant to section 215 the serve as a reusable upper stage for a variety munications research. National Defense Authorization Act for Fis- of space test missions. The House bill would authorize an increase cal Year 1998 (Public Law 105–85). The con- Space control technology development of $3.0 million for protein-based memory de- ferees support the plan that has been devel- The budget request did not include funds velopment. oped by the Air Force and the National Aero- for a new space control technology initia- The Senate amendment would authorize nautics and Space Administration to con- tive. the budget request. duct a micro-satellite inspection mission The Senate amendment would authorize an The conferees agree to authorize an in- from the space shuttle. In addition, the con- increase of $30.0 million for space control crease of $2.5 million in PE 62702F for pro- ferees direct the Secretary of Defense to de- technology development. tein-based memory development. velop a plan for executing the remaining The House bill would authorize the budget funds. In developing this plan, the conferees Advanced low observable coatings request for a new space control technology direct the Secretary to evaluate proposals The budget request included $21.0 million initiative. in PE 63112F for advanced materials for and technologies developed by the Air Force The conferees have reviewed the Depart- weapons systems. Research Laboratory, the Naval Research ment of Defense’s February 1998 report on The House bill would authorize an increase Laboratory, and the Lawrence Livermore the Kinetic Energy Anti-Satellite (KE– of $9.0 million for continued exploration of National Laboratory. The Secretary’s plan ASAT) program. The report states that advanced low observable coatings. shall be submitted to the congressional de- ‘‘DOD is currently examining potential space The Senate amendment would authorize fense committees by March 15, 1999. control related research, development, and the budget request. Solar orbital transfer vehicle acquisition options to support the Presi- The conferees agree to authorize an in- The budget request did not include funds dent’s policy, satisfy military requirements crease of $9.0 million. for the Solar Orbital Transfer Vehicle within available resources, and address the Night vision technology (SOTV). architecture.’’ In the cover letter to this re- The budget request included $16.6 million The Senate amendment would authorize an port, the Under Secretary of Defense for Ac- in PE 63231F for crew systems and personnel increase of $10.0 million in PE 63401F for quisition and Technology states that ‘‘I an- protection technology. SOTV. ticipate that these efforts will culminate in H8330 CONGRESSIONAL RECORD — HOUSE September 22, 1998 a comprehensive plan in time for the FY 2000 ferees agree to authorize a decrease to the The budget request included 52 test mis- President’s budget.’’ budget request of $14.0 million in PE 64853F, siles to support the JASSM test program. The conferees support the development of and direct that $14.0 million in excess prior Based largely on lower than expected cost es- such a plan but are concerned that insuffi- years funds be used to satisfy fiscal year 1999 timates, the conferees understand the Air cient resources are available to support a requirements for the EELV program. Force now plans to procure 69 test missiles. comprehensive evaluation of various tech- Big Crow program office Even under a revised test plan, eight of these nical options. Therefore, the conferees agree The budget request included no funding for missiles are excess to the testing needs of to authorize an increase of $15.0 in PE 63438F the Big Crow Program Office (BCPO). The the program. The conferees agree to author- to support a range of space control tech- BCPO operates two flying laboratories to ize a decrease of $3.0 million to eliminate nology activities and to develop the ‘‘com- evaluate weapons and communications sys- these missiles. prehensive plan’’ cited in DOD’s report. The tems under stressful conditions. Theater Battle Management C4I Assistant Secretary of Defense for Com- The House bill would authorize the budget The budget request included $27.3 million mand, Control, Communications, and Intel- request. for theater battle management C4I. ligence (Space and Information Superiority) The Senate amendment would authorize an shall be responsible for developing this plan. increase of $10.0 million to the budget re- The House bill would authorize the budget The conferees direct the Secretary of De- quest for the BCPO to underwrite activities request. fense to submit a report to the congressional in fiscal year 1999. The Senate amendment would authorize an defense committees by February 15, 1999, The conferees agree to authorize an in- increase of $5.0 million for pre-planned prod- that describes the Secretary’s plan for exe- crease of $8.0 million for BCPO, and support uct improvements for the air support oper- cuting the space control technology funds the need for the report on funding policy and ations center (ASOC). specified above. The report should also de- management directed in the Senate report The conferees agree to authorize an in- scribe the Secretary’s plan for continuing (S. Rept. 105–189). crease of $5.0 million for pre-planned product these efforts in fiscal year 2000 and beyond. Flight test safety improvements for the ASOC. The conferees note that $37.5 million is The budget request included $370.1 million Joint Surveillance and Target Attack Radar available in fiscal year 1998 funds appro- in PE 65807F for test and evaluation support. System priated for the KE–ASAT program. The con- The House bill would authorize an increase ferees direct the Secretary to obligate The budget request included $123.8 million of $6.0 million for flight test safety enhance- promptly these funds. If the Secretary con- in PE 27581F for the Joint Surveillance and ments. Target Attack Radar System (JSTARS). cludes that a portion of these fiscal year 1998 The Senate amendment would authorize a The House bill would authorize a decrease funds should be applied to other space con- decrease of $4.0 million, as discussed else- of $5.6 million to eliminate unnecessary trol development activities, the conferees di- where in this statement of managers. studies and research. rect the Secretary to include any such rec- The conferees agree to authorize a net in- ommendation in the comprehensive space crease of $2.0 million in PE 65807F, including The Senate amendment would authorize control technology development plan speci- an increase of $6.0 million for flight test safe- the budget request. fied above. The conferees will consider any ty enhancements at the Air Force Flight The conferees note that the budget request such recommendation and any related re- Test Center and a decrease of $4.0 million, as includes $40.2 million for the Radar Tech- programming that the Secretary may choose discussed elsewhere in this report. nology Improvement Program (RTIP). The to submit to Congress. conferees support the RTIP program, but F–16 Squadrons Variable stability in-flight simulator test air- also understand that the Air Force has iden- The budget request included $125.0 million craft tified a funding shortfall of $428.0 million for in PE 27133F for F–16 squadrons. this program in fiscal year 2000 and beyond. The budget request included no funding for The House bill would authorize a decrease the Variable Stability In-Flight Simulator Given the uncertain status of the program, of $24.6 million. the conferees believe it is prudent to reduce Test Aircraft (VISTA). The House report (H. Rept. 105–532) noted the level of resources applied to RTIP in fis- The House bill would authorize the budget that the budget request reflects an increase cal year 1999 pending submission of a fully request. of $24.6 million over the level forecast as nec- funded budget by the Air Force. Accordingly, The Senate amendment would authorize an essary to support fiscal year 1999 require- the conferees agree to authorize a decrease increase of $7.3 million in PE 64237F for the ments in the fiscal year 1998 budget request. of $25.0 million, as follows: VISTA. The Senate amendment would authorize The conferees agree to authorize an in- the budget request. (1) $5.6 million to eliminate unnecessary crease of $7.3 million in PE 64237F for the The conferees agree to authorize the budg- studies and research; and VISTA. et request. (2) $19.4 million to slow RTIP until such Electronic warfare development Advanced medium range air-to-air missile time as the Air Force clarifies future funding of the JSTARS program. The budget request included $90.1 million The budget request included $45.0 million in PE 64270F for electronic warfare develop- in PE 27163F for advanced medium range air- Seek Eagle ment. to-air missile (AMRAAM) research. The budget request included $17.6 million The House bill would authorize the budget The House bill and the Senate amendment in PE 27590F for the Seek Eagle weapons in- request. would authorize the budget request. tegration flight test program. The Senate amendment would authorize an The conferees agree to authorize a decrease The House bill would authorize an increase increase of $20.0 million to accelerate the de- of $20.0 million to reflect the delayed EMD of $2.0 million to continue testing Longshot, velopment of the C–130 Compass Call upgrade effort. a range-increasing modification for muni- to the block 30 configuration. The conferees are aware that there are ad- tions. The conferees agree to authorize an in- ditional risk reduction activities that will be The Senate amendment would authorize crease of $20.0 million to accelerate the de- required before the Air Force begins the en- the budget request. velopment of the C–130 Compass Call upgrade gineering and manufacturing development to the block 30 configuration. (EMD) effort for the AMRAAM pre-planned The conferees agree to authorize an in- crease of $2.0 million to continue testing Evolved expendable launch vehicle program product improvement (P3I) program. The Longshot. The budget request included $280.3 million conferees support the goals of the P3I pro- for the Evolved Expendable Launch Vehicle gram, but believe it prudent to conduct the Defense Airborne Reconnaissance Program re- (EELV) program. additional risk reduction activities. search and development The House bill would authorize the budget Joint Air-To-Surface Standoff Missile The budget request included funds for re- request. The budget request included $132.9 million search and development in the Army, Navy, The Senate amendment would authorize for the Joint Air-to-Surface Standoff Missile Air Force, and Defense-Wide accounts for ac- the budget request. (JASSM). tivities of the Defense Airborne Reconnais- The conferees are aware of excess prior The House bill and the Senate amendment sance Program (DARP), as shown in the fol- year funding in the EELV program. The con- would authorize the budget request. lowing table.

Change from request Budget re- Conference Account quest Senate agreement House bill amendment

RDT&E, Army ...... 75,636 (26,000) — 70,048 RDT&E, Navy ...... 342 67,200 (23,400) 66,548 RDT&E, Air Force ...... — 224,008 — 349,403 RDT&E, Defense-Wide ...... 444,137 (143,333) (8,000) 35,665

Total ...... 520,115 121,875 (31,400) 521,664 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8331 Section 905 of the National Defense Au- classified annex that accompanies this con- Counsel makes the necessary standards deci- thorization Act for Fiscal Year 1998 (Public ference report. sions to ensure that operational commanders Law 105–85) transferred the management re- The conferees note that, unless otherwise have full operational flexibility for employ- sponsibilities of the Defense Airborne Recon- reflected in the statement of managers, the ment of UAVs. transfers do not reflect a change to the pur- naissance Office (DARO) to the military The budget request included $5.0 million in poses for which the funds were requested in services, while retaining Office of the Sec- PE 35204D8Z for the Army’s Unmanned Aer- the original budget request. retary of Defense (OSD)-level oversight re- ial Vehicle (UAV) Systems Integration Lab- The conferees are extremely concerned sponsibilities for determining airborne re- oratory (SIL), and included $3.0 million for that assignment of acquisition program connaissance architecture and systems inter- continued development of the Multiple UAV face requirements. management and funding to the services not Simulation Environment (MUSE). The budget request reflected continuation been seen as a signal that stovepipe systems of airborne reconnaissance programs within of the past will be acceptable in the future. The House bill would direct the Assistant DARO. However, subsequent to submitting The conferees stress that these pro- Secretary of Defense (Command, Control, the budget request, the Secretary of Defense grammatic actions demand a firm leadership Communications and Intelligence) to provide decided to: role by the Assistant Secretary of Defense the congressional defense and intelligence (1) abolish the DARO; (Command, Control, Communications and committees a plan, which includes a funding (2) transfer the OSD-level functions to the Intelligence) in establishing policy and exer- profile, for the continued operation of the Assistant Secretary of Defense for Com- cising oversight to ensure reconnaissance SIL no later than March 31, 1999. mand, Control, Communications, and Intel- system interoperability for joint operations. The Senate amendment had no similar pro- ligence (ASD C3I); and In particular, the tactical control system vision. (3) transfer program management respon- (TCS), previously assigned to the Unmanned sibilities to the military services. Aerial Vehicle (UAV) Joint Program Office, The Senate recedes. This decision was reflected in a April 14, continues to be assigned to the Navy as the Overview 1998 letter from the Under Secretary of De- lead service. The conferees note that there is fense for Acquisition and Technology. some disagreement within the Department of The budget request for fiscal year 1999 con- The conferees agree to make these adjust- Defense with respect to whether TCS will tained an authorization of $9,314.7 million for ments, in both the procurement and the re- serve as the implementation of a single Defense-Wide, Research and Development in search and development titles. These trans- standard tactical UAV and sensor control ar- the Department of Defense. The House bill fers are reflected in the tables contained in chitecture. The conferees believe that the would authorize $9,173.9 million. The Senate the conference report. In addition, a more issue of who operationally controls UAVs amendment would authorize $9,302.8 million. detailed spreadsheet of DARO-related invest- and their sensors is an issue separate and The conferees recommended an authoriza- ment programs, summarizing transfers and distinct from system design technical capa- tion of $8,848.8 million. Unless noted explic- other adjustments to individual budget lines bilities. The conferees believe it is impera- itly in the statement of managers, all and program elements, is provided in the tive that the Joint Requirements Oversight changes are made without prejudice. H8332 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8333 H8334 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8335 H8336 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8337 H8338 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8339 H8340 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8341 University research initiative retary of Defense to provide the necessary unclassified summary of this report to the The budget request included $216.0 million funding and programmatic guidance to put congressional defense committees as soon as in PE 61103D for the university research ini- the SBL program on this path. Due to the possible. tiative. The request included $10.0 million for failure to release a request for proposal Medium Extended Air Defense System (RFP) and the Air Force’s apparent lack of the Defense Experimental Program to Stim- Although the conferees continue to sup- interest in aggressively advancing the pro- ulate Competitive Research (DEPSCoR). port the need for a TMD system to support gram, the conferees will evaluate alternative The House bill would authorize an increase maneuver forces, the conferees are troubled management arrangements for the program. $15.0 million for the DEPSCoR. by the failure of the Department of Defense The conferees direct the Secretary of De- The Senate amendment would authorize to structure a fully-funded development pro- fense to promptly release the RFP for an the budget request but would fence an addi- gram to satisfy this requirement. Although SBL–RD that could be launched in the 2006– tional $10.0 million within the request for the conferees would support a coherent and the DEPSCoR, a total of $20.0 million. 2008 timeframe. In order to support this ob- jective, the conferees agree to authorize an fully-funded Medium Extended Air Defense The House recedes. System (MEADS) program, they are unwill- Ballistic Missile Defense Organization funding increase of $94.0 million in PE 63173C. National Missile Defense ing to support a MEADS program that has and programmatic guidance The conferees note the existence of some no funding programmed beyond fiscal year The budget request included approxi- confusion regarding what, if any, national 1999. The conferees note that the Department mately $3.6 billion for the Ballistic Missile missile defense (NMD) policy has been estab- of Defense has had ample opportunity to ad- Defense Organization (BMDO) for research, lished in law or otherwise endorsed by Con- dress this shortfall. In light of the Depart- development, test, and evaluation (RDT&E), gress. Although the conferees agreed to a ment’s unwillingness to provide adequate and procurement. provision on this subject last year, which funding in the outyears, the conferees rec- The House bill would authorize an increase was enacted in the National Defense Author- ommend a reduction of $19.0 million in PE of $76.8 million for BMDO. In addition, the ization Act for Fiscal Year 1998 (section 231 63869C. Additional funding and programmatic House bill would authorize an increase of of Public Law 105–85), this provision did not guidance regarding the MEADS program is $50.0 million for radar improvements related address NMD deployment policy nor other- provided elsewhere in this report. to Navy Upper Tier under Navy research, de- wise endorse the administration’s policy Theater High Altitude Area Defense (THAAD) velopment, test, and evaluation (RDT&E). known as ‘‘three-plus-three’’. system The Senate amendment would authorize a Although the Congress has acceded to re- The conferees continue to support the de- decrease of $97.7 million for BMDO. cent funding requests for the administra- velopment, production, and fielding of The conferees agree to authorize a decrease tion’s ‘‘three-plus-three’’ program, it has of $51.7 million for BMDO. THAAD as a matter of highest priority. The never formally endorsed the concept. Indeed, conferees support the budget request of $497.7 The conferees recommended funding allo- the continued lack of programmatic defini- cations for BMDO are summarized in the fol- million for THAAD Demonstration and Vali- tion associated with the ‘‘plus-three’’ phase dation (Dem/Val). In addition, as addressed lowing table. Additional programmatic and has called into question the administration’s funding guidance is also provided below. elsewhere in this report, the conferees agree willingness and ability to deploy an NMD to authorize an increase of $29.6 million in system on the ‘‘three-plus-three’’ schedule, BMDO FUNDING ALLOCATION THAAD Dem/Val funding to support in- the integrity of the concept itself, and exac- creased competition in the THAAD program, [In millions of dollars] erbated the current debate. The NMD pro- for a total authorization in PE 63861C of gram is the only major defense acquisition Conference $527.4 million. Program Request Senate House program that is not being managed to sched- The conferees are encouraged by the recent Change Total uled milestones beyond initial development. cost sharing agreement between the prime This is a departure from usual practice and contractor and BMDO, and believe that test- Support Technology ...... 253.5 +140.0 +12.8 +130.0 383.5 proven program management principles. The THAAD ...... 821.7 ¥323.9 ...... ¥294.3 527.4 ing should resume at an expeditious pace, TMD–BM/C3* ...... 22.8 ...... 22.8 conferees note that the Director of BMDO without undue delay. However, given recent Navy Lower Tier** ...... 289.1 ...... 289.1 has testified that NMD is still an ‘‘extremely delays in the THAAD testing program, and Navy Upper Tier*** ...... 190.4 +120.0 +70.0 +120.0 310.4 high risk’’ program. The conferees believe MEADS ...... 43.0 ¥33.0 ...... ¥19.0 24.0 the requirement for THAAD to achieve three NMD ...... 950.5 ...... 950.5 that the lack of program definition in the successful intercept tests prior to entering Joint TMD ...... 176.8 ...... ¥2.0 ...... 176.8 ‘‘plus-three’’ phase, and the lack of a defined Engineering and Manufacturing Develop- PAC–3** ...... 480.5 ...... 480.5 path from this phase into production and de- FOS E&I ...... 96.9 ...... 96.9 ment (EMD), the conferees agree to author- BMD Tech Ops ...... 190.1 ...... ¥4.0 ...... 190.1 ployment, is contributing to this risk and ize a decrease of $323.9 million from PE Int’l Coop Programs ...... 50.7 ¥0.8 ...... +12.0 62.7 suboptimal decision-making with adverse 64861C for THAAD EMD. Threat/Countermeasures 22.1 ...... 22.1 impact to NMD programmatics and budgets. BMDO Total ...... 3,588.1 ¥97.7 +76.8 ¥51.3 3,536.8 The conferees expect the Secretary of De- At the same time, the conferees note that fense not to overreact to limited, albeit ad- *Procurement only. the bipartisan Commission to Assess the Bal- verse, test results but to re-double efforts to **Procurement and RDT&E. listic Missile Threat to the United States ***The House bill also included an increase of $50.0 million for radar structure a THAAD program that provides improvements related to Navy Upper Tier under Navy RDT&E. unanimously concluded that ‘‘under some for as timely a response as possible to the re- plausible scenarios . . . the U.S. might well Support technology cent medium range ballistic missile threat have little or no warning before operational developments. The conferees reiterate the The conferees continue to support BMDO’s deployment’’ of long range ballistic missiles views expressed in previous reports that the wide bandgap electronics material develop- by hostile powers. The conferees believe that THAAD missile and the Navy Upper Tier ment program. Higher speed and higher tem- the potential mismatch between this warn- missile should not be viewed as competing perature operation afforded by wide bandgap ing time and the deployment timeline for a systems, but as complementary. The con- electronic materials could enhance the min- national missile defense poses a conundrum. ferees do not support proposals to use the iaturization and functionality of advanced Current policy is that no ballistic missile Navy Upper Tier missile as a substitute for sensors and processing systems for space- threat to the United States currently justi- THAAD. The conferees note that the Navy based ballistic missile defense (BMD) sensors fies deployment of a national missile de- endorses continuation of the THAAD pro- and ground-based radar systems. The con- fense. However, when new ballistic missile gram and views continuation of THAAD test- ferees agree to authorize an increase of $14.0 threats do emerge, it may be too late to re- ing as important to the success of an acceler- million in PE 62173C to support this impor- spond in a timely manner. ated Navy Upper Tier program. tant activity. In view of the above, the conferees believe The conferees continue to support the At- that further program definition in the ‘‘plus- Navy Upper Tier (Theater Wide) mospheric Interceptor Technology (AIT) pro- three’’ phase and beyond will mitigate some The conferees continue to support the gram to develop advanced interceptors with of the risks identified. Accordingly, the Sec- Navy Upper Tier program and urge the Sec- potential applications for a range of theater retary of Defense is expected to establish ap- retary of Defense to accelerate this impor- missile defense (TMD) programs. The con- propriate milestones and exit criteria for the tant development effort within an acceptable ferees agree to authorize an increase of $22.0 NMD program that are consistent with those degree of program risk. To facilitate this ac- million in PE 63173C to continue the AIT for other major defense acquisition pro- celeration, the conferees also urge the Navy program. grams. Further, the Secretary is expected to to begin allocating funds from within its The conferees commend BMDO and the Air conduct NMD program milestone and budget budget to complement those already pro- Force for increasing funding in the fiscal reviews to ensure that established exit cri- grammed within the BMDO budget. year 1999 budget request for the Space Based teria are being met. The conferees are concerned that necessary Laser (SBL) Readiness Demonstrator (RD) The conferees note that the Secretary of radar improvements have not kept up with program, but are concerned by the Air Defense has completed and submitted to developments in the Navy Upper Tier inter- Force’s failure to move the program beyond Congress the report on sea-based NMD op- ceptor missile system. Therefore, the con- initial concept definition studies. The con- tions called for in last year’s conference re- ferees agree to authorize an increase of $50.0 ferees continue to support the development port (H. Rept. 105-340), but that this report million for radar improvements competition. of an SBL–RD that could be ready for launch was submitted only in classified form. The The conferees direct BMDO and the Navy to in the 2006–2008 timeframe and urge the Sec- conferees direct the Secretary to submit an accelerate radar upgrades to ensure that this H8342 CONGRESSIONAL RECORD — HOUSE September 22, 1998 capability becomes available at the earliest $40.0 million to allow Defense Advanced Re- Oversight and management of chemical/ possible date. In pursuing this competition, search Projects Agency (DARPA) flexibility biological defense program the conferees direct that a prototype solid to allocate the reduction consistent with na- The conferees note progress achieved in state radar be available in 2001 in order to tional security priorities. implementing the provisions of section 1701 take full advantage of the Standard Missile Chemical-biological defense program of the National Defense Authorization Act III development testing planned for 2002. In The budget request included $620.3 million for Fiscal Year 1994 (Public Law 103–160, 52 addition, the conferees agree to authorize an U.S.C. 1522) in consolidating, coordinating increase of $70.0 million for Navy Upper Tier for the chemical-biological defense program, including $336.4 million in research and de- and integrating the chemical-biological de- acceleration, for an overall increase of $120.0 fense requirements of the military depart- million in PE 63868C. velopment, test and evaluation and $283.9 million in procurement. The budget request ments into a single office within the Depart- BMD Technical Operations also included $88.0 million for the Defense ment of Defense. Under this agreement, the The conferees support the efforts being Advanced Research Projects Agency DOD chemical-biological defense program of- performed at the Army Space and Strategic (DARPA) biological warfare (BW) defense fice provides overall policy and budget guid- Defense Command’s Advanced Research Cen- program (PE 62383E). ance for the program, the Defense Acquisi- tion Board process provides oversight of the ter (ARC). The ARC continues to be a valu- The House bill would authorize the budget program, and the Department of the Army able tool in support of the Army’s develop- request for the chemical-biological defense acts as the executive agent. The conferees ment of both theater and national missile program and the biological warfare defense also note that the establishment of a Joint defense systems. Therefore, the conferees program (PE 62383E), but would decrease the Nuclear, Chemical and Biological (NCB) agree to authorize an increase of $5.0 million budget request of $6.9 million for procure- Board to provide management structure for in PE 63874C for support of the ARC. ment of contamination avoidance equipment the program ensures that the operational The conferees note substantial unexplained for the use by the Reserve Components to re- needs of the services are integrated and co- growth in BMDO’s system architecture and spond to domestic emergencies. engineering effort and agree to authorize a ordinated, and that unnecessary duplication The Senate amendment would recommend decrease of $5.0 million in PE 63874C. of effort is eliminated in the preparation of the following increases to the budget request International Cooperative Programs the chem-bio defense Program Objective for the chemical-biological defense program: Memorandum. The budget request included $37.9 million $10.0 million to accelerate research and de- The conferees agree that a single office for for BMDO’s Israeli Cooperative Project, velopment of small, light-weight, man-port- overall coordination and integration of the which includes funding for the Arrow ballis- able chemical and biological agent detection DOD chem-bio defense program, as required tic missile defense system. The conferees sensors; $4.0 million in PE 62384BP for by Public Law 103–160, be maintained within agree to authorize an increase of $12.0 mil- Project SAFEGUARD to continue proof of the Office of the Secretary, and strongly be- lion in PE 63875C to support interoperability concept testing to establish sensor perform- lieve that the office must be assigned suffi- design so the Arrow can operate alongside ance, initiate packaging and real-time proc- cient staff to exercise its policy and budget forward deployed U.S. missile defense sys- essing, and the conduct of platform studies; guidance roles. In addition, the conferees tems. and $1.5 million in PE 62383E to demonstrate strongly support continued implementation the use of technologies for the deployment of Patriot PAC-3 of the Joint Service Agreement to ensure co- telemedicine and other capabilities to the At the request of the Director of BMDO, ordination, integration and management of warfighters; but would recommend a $12.0 the conferees recommend a zero-balance the program. million reduction to the budget request for transfer of $40.0 million from PAC-3 procure- With regard to the transfer of the chem-bio the DARPA BW program. ment to PAC-3 EMD to properly align funds defense program to the Defense Threat Re- Additionally, the Senate amendment for the type of work being performed. The duction Agency (DTRA), the conferees agree would transfer the mission, function and re- conferees note with concern that this re- that the management role of the DTRA with sources for the chemical-biological defense alignment is the result of significant delays regard to the chem-bio defense program program to the Defense Threat Reduction in the PAC-3 flight test program. The con- should be limited to those chem-bio defense Agency (DTRA), consistent with the rec- ferees remain convinced that PAC-3 is an es- activities and projects that represent unique ommendation of the November 1997 Defense sential TMD system and is the only near operational mission responsibilities of Reform Initiative (DRI). term defense against threats emerging in the DTRA. Therefore, the conferees do not agree Southwest Asia and elsewhere. Nevertheless, The conferees agree to authorize an in- to transfer overall responsibility for the exe- if the PAC-3 test program does not dem- crease of $15.5 million for chemical-biologi- cution and day-to-day management of the onstrate significant improvement, the con- cal defense for acceleration of research and chem-bio defense program to DTRA. How- ferees do not rule out the possibility of fu- development of small, light-weight, man- ever, to ensure consideration of DTRA chem- ture funding reductions. portable chemical and biological detectors bio defense and related counterproliferation ($5.0 million in PE 61384BP and $5.0 million Medical free electron laser operational requirements in the DOD chem- in PE 62384BP), $4.0 million in PE 62384 BP bio defense program, the conferees rec- The budget request included $9.7 million in for Project SAFEGUARD, and $1.5 million in PE 62227D for the medical free electron laser ommend that DTRA become a party to the PE 62384E for the demonstration and deploy- Joint Service Agreement on NCB defense and program. ment of technologies for telemedicine and The House bill would authorize an increase be included as a voting member of the Joint other capabilities to the warfighters; but NCB Defense Board. of $5.0 million. would reduce the budget request by $7.0 mil- The Senate amendment would authorize an lion for PE 62383E. Additionally, the con- Tactical technology increase $7.0 million. ferees continue to express strong support for The budget request included $189.0 million The conferees agree to authorize an in- innovative technologies to detect chemical in PE 62702E for tactical technology. crease of $7.0 million. and biological agents, such as aerogels and The House bill would authorize a decrease Computing systems and communications radio frequency identification sensor tags, of $37.0 million for applied research in tac- technology and encourage the broad participation of the tical technology. The budget request included $417.7 million national laboratories, universities and, The Senate amendment would authorize a in PE 62301E for computing systems and where appropriate, industry, in these efforts. decrease of $5.0 million for the increased communications technology. The conferees endorse the concerns ex- scope of work on the micro unmanned aerial The House bill would authorize the budget pressed in the Senate report (S. Rept. 105– vehicle program. request. 189) regarding the shortcomings and defi- The conferees agree to authorize a decrease The Senate amendment would authorize a ciencies in the chemical-biological defense of $32.0 million in PE 62702E. decrease of $30.0 million in the joint infra- program related to the provision of adequate Integrated command and control technology structure protection project and a transfer of force structure and equipment to protect an additional $10.0 million from that project military facilities, as well as the deficiencies The budget request included $34.0 million to PE 33104F for cyber–security research. in doctrine, policy, equipment and training in PE 62708E for integrated command and The conferees endorse the views in the for the defense of critical overseas ports and control technology. Senate report (S. Rept. 105-189) with regard airfields. The conferees direct the Secretary The House bill would authorize an increase to the joint infrastructure protection project of Defense to report to the congressional de- of $6.0 million for continued development of and reiterate the requirement for the report fense committees by December 1, 1998 and advanced technologies for flat panel dis- specified by the Senate. The conferees are es- annually thereafter, in the Department of plays. pecially concerned about the deficient plan- Defense Nuclear, Chemical Biological (NCB) The Senate amendment would authorize an ning for such a project given the widely rec- Defense Annual Report, on the plans to cor- increase of $8.0 million for flat panel display ognized need to address vulnerabilities in the rect these deficiencies, including the deploy- to continue the development of a domestic U.S. information infrastructure as quickly ment on a long-term basis of Army Biologi- infrastructure within the context of the flat as possible. However, in recognition of the cal Integrated Detection Systems (BIDS) panel display initiative. urgency of this issue, the conferees agree to companies in high threat commands or re- The conferees agree to authorize an in- an undistributed reduction in PE 62301E of gions. crease of $7.0 million for flat panel displays. September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8343 Materials and electronic technologies including $2.0 million to continue aggressive maintained at the fiscal year 1998 level and The budget request included $244.4 million development of environmentally safe proce- would authorize a decrease of $13.0 million. in PE 62712E for material and electronics dures to dispose of conventional military The Senate amendment would authorize an technology. munitions and $4.0 million to complete the increase of $4.0 million to PE 65160BR for the The House bill would authorize the budget demonstration of commercially available Counterproliferation Analysis and Planning request. blast chamber technology as a viable alter- System (CAPS) and an increase of $3.0 mil- The Senate amendment would authorize an native to open burn/open detonation demili- lion to PE 63160BR for the high frequency ac- increase of $6.0 million for the continued de- tarization of conventional munitions. tive auroral research program (HAARP). In velopment of the mixed mode electronics The conferees concur with the concerns ex- addition, the Senate would recommend an multi-technology insertion (MIME) program. pressed in the Senate report (S. Rept. 105– increase of $20.5 million increase for the un- The conferees agree to authorize an in- 189) regarding the existence of small num- funded requirements for the U.S. Special Op- crease of $6.0 million for the MIME program bers of conventional munitions at demili- erations Command (USSOCOM) for training, and to authorize a reduction of $8.0 million tarization sites in the United States which equipment and activities related to detect- for sonoelectronics to fund other higher pri- need to be destroyed, where it may not be ing, identifying, rendering safe, destroying ority projects. cost effective or practical to construct a de- or recovering weapons of mass destruction. struction facility. The conferees support the The House recedes. Weapons of mass destruction technologies efforts of the Department of Defense to de- The conferees endorse the concerns ex- The budget request included $203.6 million sign a mobile system utilizing the commer- pressed in the Senate report (S. Rept. 105-185) for weapons of mass destruction technologies cially available blast chamber technology. and the recommendation that funds author- (PE 62715BR) of the Defense Special Weapons ized for HAARP not be diverted to fund gov- Counterterror technical support program Agency (DSWA). ernment overhead and Systems Engineering The House bill would authorize the budget The budget request included $35.8 million and Technical Assessments (SETA) support, request. for the counterterror technical support and that the combined overhead/SETA sup- The Senate amendment would recommend (CTTS) program (PE 63122D8Z). port costs be no more than 10 percent. The House bill would authorize an increase an increase of $15.0 million, including $10.0 Automatic target recognition million to maintain nuclear core com- of $4.0 million increase for the development and demonstration of biometric access con- The budget request included $5.1 million in petencies and critical scientific and engi- PE 63232D for automatic target recognition. neering expertise; $2.0 million to maintain trol technology, to include the use of au- thentication software and the principal com- The House bill would authorize an increase efforts to protect critical civil and commer- of $3.0 million for optical correlation tech- ponent method of facial recognition. cial advanced electronic technologies and The Senate amendment would authorize an nology research. space systems against nuclear and conven- The Senate amendment would authorize increase of $5.0 million for the facial recogni- the budget request. tional explosions; and $3.0 million to acceler- tion technology program. Additionally, the ate the pace and development of components The conferees agree to authorize the budg- Senate would recommend the transfer of the et request. and subsystems toward a prototype ‘‘deep counterterror technical support program to digger’’ system. the Defense Threat Reduction Agency. Generic logistics research and development tech- The conferees agree to authorize an in- The conferees agree to authorize an in- nology demonstrations crease of $13.0 million to the budget request: crease of $4.0 million for the facial recogni- The budget request included $17.8 million $10.0 million to maintain nuclear core com- tion technology program. In addition, the in PE 63712S for generic logistics research petencies and critical scientific and engi- conferees endorse two recommendations con- and development technology demonstra- neering expertise in nuclear weapons effects tained in the Senate report (S. Rept. 105–185). tions. technology and $3.0 million to accelerate the First, the conferees support efforts by the The House bill would authorize the budget pace and development of components and Department of Defense to maintain collabo- request. subsystems toward a prototype ‘‘deep dig- rative efforts with allies who have dem- The Senate amendment would authorize an ger’’ system. onstrated counter-terrorism capabilities, increase of $4.0 million for the computer as- The conferees remain concerned about the which can provide the United States with a sisted technology transfer program. The conferees agree to authorize an in- impact of high altitude nuclear and conven- cost-effective way to remain on the cutting- crease of $4.0 million for the computer as- tional explosions on critical civil and com- edge of technology. Second, the conferees sisted technology transfer program. mercial activities and the potential vulner- support efforts by the Department to con- ability of next generation satellites and high tinue its examination of retrofit options and Strategic Environmental Research and Develop- technology upon which U.S. Armed Forces to develop design guidelines for new and ex- ment Program rely. The conferees have supported the ef- isting structures, including the use of com- The budget request included $54.4 million forts of the DSWA to conduct research on posite systems. for the Strategic Environmental Research the effects of electromagnetic pulse (EMP) The conferees recognize the success of the and Development Program (SERDP) and and the potential impact on military sys- interagency Technical Support Working transferred the program from PE 63716D to tems and critical technologies, and to de- Group (TSWG) and the Counterterror Tech- PE 63780A. velop technologies that would reduce poten- nical Support program, and direct that over- The House bill included no funds for tial vulnerabilities of the effects of radiation sight and direction of the program remain SERDP. and EMP on advanced electronic tech- with the Office of the Assistant Secretary for The Senate amendment would authorize nologies and space systems. Special Operations and Low Intensity Con- the budget request. The conferees agree to authorize the budg- The conferees endorse the direction con- flict. et request and direct that SERDP be identi- tained in the House Report (H. Rept. 105–532) The conferees understand that the ASD fied under a Department of Defense (DOD) accompanying its fiscal year 1999, defense (SO/LIC) is responsible for oversight of the program element to avoid confusion about authorization bill that the Secretary of De- TSWG and the Office of Special Technology its unique multi-agency purpose. The con- fense, in consultation with the Director of (OST). The conferees also understand that ferees recognize the value of SERDP as a tri- Central Intelligence, report to the congres- there are other entities within the Depart- agency cooperative program that supports sional defense committees by March 1, 1999 ment of Defense that can contribute to the basic and applied research and development on the potential effects of high- and low-fre- interagency program to combat terrorism, of innovative technologies to meet the envi- quency EMP on critical military and civil such as the Defense Special Weapons Agency ronmental obligations of the DOD, the De- systems and steps that might be taken to re- (DSWA), and encourage the TSWG to con- partment of Energy, and the Environmental duce potential vulnerabilities to EMP. tinue its coordination activities with these Protection Agency. The conferees expect Explosives demilitarization technology DOD entities, as well as with non-DOD enti- that maintaining SERDP under a DOD pro- The budget request included $11.6 million ties, to ensure that the expertise available to gram element will preserve its multi-agency for the explosives demilitarization tech- the U.S. Government is appropriately ap- focus. nology program (PE 63104D8Z). plied to national and international efforts to Advanced electronics technologies The House bill would authorize an increase combat terrorism. The conferees also encourage the contin- The budget request included $244.7 million of $2.0 million to allow continued aggressive in PE 63739E for advanced electronics tech- development of environmentally safe proce- ued cooperation between the TSWG and the Physical Security Action Group (PSEAG) to nologies. dures to safely dispose of conventional mili- The House bill would authorize the budget ensure that the CTTS and the physical secu- tary munitions. request. The Senate amendment would authorize an rity equipment programs address tech- The Senate amendment would authorize an increase of $5.5 million: $4.0 million to com- nologies that meet force protection needs. increase of $10.0 million for advanced mask plete the demonstration of existing commer- Counterproliferation support program writer development in advanced lithography cially available blast chamber technology; The budget request included $80.4 million and would authorize a decrease of $4.0 mil- and $1.5 million to design a mobile system for the counterproliferation support pro- lion for new start work in project MT–04. utilizing the commercially available blast gram, $70.6 million in PE 63160BR and $9.8 The conferees agree to authorize an in- chamber technology. million in PE 65160BR. crease of $10.0 million for advanced lithog- The conferees agree to authorize an in- The House bill would recommend that the raphy development, as described in the Sen- crease of $6.0 million to the budget request, counterproliferation support program be ate report (S. Rept. 105-189), and a decrease H8344 CONGRESSIONAL RECORD — HOUSE September 22, 1998 of $8.4 million for molecular level printing for tactical mobile robots acceleration and Humanitarian demining program acceleration and submarine sensor situation awareness system program growth The budget request included $17.2 million suite development to fund higher priority to fund higher priority programs. for humanitarian demining research and de- projects. Physical security velopment activities in PE 63920D8Z. Maritime technology The budget request included $31.7 million The House bill would authorize a decrease The budget request included $15.0 million for the Department of Defense physical secu- of $5.0 million. in PE 63746E for the maritime technology rity program (PE 63228D8Z). The Senate amendment would authorize (MARITECH) advanced shipbuilding enter- The House bill would authorize the budget the budget request. prise (ASE) program. request. The conferees agree to authorize the budg- The Senate amendment would authorize an The Senate amendment would authorize a et request. increase of $5.0 million to PE 63746E for decrease of $6.0 million for activities related Joint robotics program-engineering development MARITECH ASE. to demonstrating commercial off-the-shelf The budget request included $11.3 million The House bill would authorize the budget technologies. In addition, the Senate would in PE 64709D for the joint robotics program- request. make available $3.0 million for a study to de- engineering development. The conferees agree to authorize an in- termine the utility of a software technology The House bill would authorize the budget crease of $5.0 million to PE 63746E for developed jointly by industry and the na- request. MARITECH ASE. tional laboratories, the Analytic System and The Senate amendment would authorize an Advanced concept technology demonstrations Software for Evaluating Safeguards and Se- increase of $6.0 million for accelerated joint The budget request included $116.3 million curity (ASSESS), for use by the Department robotics technology engineering and man- in PE 63750D for advanced concept tech- of Defense as an integral component in con- agement development. The conferees agree to authorize an in- nology demonstrations. ducting vulnerability assessments at numer- The House bill would authorize a decrease ous Department of Defense facilities and in- crease of $6.0 million for accelerated joint ro- of $12.0 million for advanced concept tech- stallations. botics technology engineering and manage- nology demonstrations. The conferees agree to authorize a decrease ment development. The Senate amendment would authorize a of $3.0 million for activities related to dem- Defense technology analysis decrease of $6.0 million in the same program. onstrating commercial off-the-shelf tech- The budget request included $5.0 million in The conferees agree to authorize a decrease nologies in PE 63228D8Z, and that decreases PE 65798S for the defense technology analy- of $12.0 million for advanced concept tech- to this program not be made to projects cur- sis program. nology demonstrations. rently underway. Additionally, the conferees The House bill would authorize the budget would make available $3.0 million for a study request. High performance computing modernization pro- on the utility of ASSESS as an integral com- gram The Senate amendment would authorize an ponent of DOD efforts to assess vulnerability increase of $2.0 million for the commodity The budget request included $140.9 million assessments at its facilities and installa- management technology program. in PE 63755D for high performance comput- tions. The conferees agree to an increase of $2.0 ing modernization program. Continuous acquisition and life-cycle support million for the commodity management The House bill would authorize the budget activities initiative technology program. request. The Senate amendment would authorize an The budget request included $1.9 million in Defense technical information services increase of $20.0 million to sustain oper- PE 63736D for the continuous acquisition and The budget request included $46.5 million ations of supercomputing centers established life-cycle support activities (CALS) initia- in PE 65801K for defense technical informa- with Department of Defense funds and an in- tive. tion services. crease of $3.0 million for a program to ad- The House bill would authorize the budget The House bill would authorize the budget dress related challenges in remote visualiza- request. request. tion, distance learning expansion, and col- The Senate amendment would authorize an The Senate amendment would authorize a laborative exploitation of high performance increase of $2.0 million for the integrated decrease of $1.0 million for expansion of de- computing capabilities. data environment program. fense technical information. The House recedes. The conferees agree to authorize an in- The conferees agree to authorize a decrease crease of $2.0 million for the integrated data Command, control and communications systems of $1.0 million for expansion of defense tech- environment program. nical information. The budget request included $200.1 million North Atlantic Treaty Organization research in PE 63760E for command, control and com- Special operations intelligence systems develop- and development munications systems. ment The House bill would authorize a decrease The budget request included $44.4 million The budget request included $1.8 million of $27.5 million for command, control and for the North Atlantic Treaty Organization for special operations forces intelligence sys- communications systems. (NATO) research and development activities tems development. The Senate amendment would authorize a in the following accounts: $11.6 million for The House bill would authorize an increase decrease of $11.0 million in the same pro- the Army (PE 63790A); $11.0 million for the of $5.0 million for research and development gram. Navy (PE 63790N); $11.1 million for the Air requirements associated with the Special Op- The conferees agree to authorize a decrease Force (PE 63790F); and $10.7 million for the erations intelligence vehicle. of $27.5 million. Department of Defense (PE 63790T). The Senate amendment would authorize The House bill would authorize a decrease Sensor and guidance technology the budget request. of $5.0 million VECTOR activity in the Navy The conferees agree to authorize an in- The budget request included $213.2 million program (PE 63790N), an international flight crease of $2.5 million for development of the in PE 63762E for sensor and guidance tech- demonstration effort utilizing X–31 experi- Special Operations intelligence vehicle. nology. mental aircraft. Live fire testing The House bill would authorize a decrease The Senate amendment would recommend The budget request included $9.9 million in of $13.1 million within the program and an that funds for the NATO research and devel- increase of $10.0 million for seismic sensor PE 65131D for live fire testing. opment activities remain at the fiscal year The House bill would authorize an increase technology development. 1998 funding levels plus inflation, resulting The Senate amendment would authorize of $4.0 million to expand threat vulnerability in the following decreases: $2.0 million testing to include the threat of radio fre- the budget request. (Army); $1.1 million (Navy); $0.4 million (Air The conferees agree to authorize a decrease quency weapons. Force); and $2.3 million (defense-wide). The Senate amendment would authorize of $13.1 million for the program. The funding The conferees agree to authorize the fol- for seismic sensor technology development is the budget request. lowing decreases: $2.0 million (Army); $4.0 The Senate recedes. addressed elsewhere in this statement of million (Navy); $0.4 million (Air Force); and managers. $2.3 million (defense-wide). The omnibus re- ITEMS OF SPECIAL INTEREST Land warfare technology programming (FY98-16PA) currently before Advanced lightweight grenade launcher The budget request included $108.5 million the Congress for approval includes as a The conferees note ongoing efforts by the in PE 63764E for land warfare technology. source of funds $3.0 million from the Navy Special Operations Command (SOCOM) to The House bill would authorize a decrease NATO research and development program for develop new lightweight weapon systems of $11.6 million in the program. activities related to VECTOR. According to necessary to support critical mission re- The Senate amendment would authorize a the rationale making the sources available quirements by reducing the load that special decrease of $4.0 million for a new start for reprogramming, agreements have not operations personnel must carry. The con- project in LNW01. been reached yet between the United States ferees support ongoing efforts to develop a The conferees agree to a decrease of $17.6 and Sweden, and therefore the funds are new advanced lightweight grenade launcher million in the program: a reduction of $11.6 available. The conferees recommend that the (ALGL) that will support special operations million, as described in the House report (H. Department of the Navy utilize those funds missions and believe this capability has ap- Rept. 105–532); and a reduction of $6.0 million for activities in fiscal year 1999. plicability beyond the Special Operations September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8345 Command. The conferees encourage the Spe- surveillance, and reconnaissance (C4ISR) Materials research cial Operations Command to assess future systems networking at the joint level. Such The House report (H. Rept. 105-532) ex- warfighting requirements and determine the problems will adversely affect the ability of pressed concern about the direction of mate- viability of ALGL concept. If ALGL meets U.S. Armed Forces to achieve the informa- rials research within the Department of De- warfighting requirements, the conferees tion superiority required for success on fu- fense and the belief that such research would expect SOCOM to request funding nec- ture battlefields. should seek to reduce long-term dependence essary to develop this weapon and meet fu- The General Accounting Office (GAO) has for critical defense materials upon foreign ture warfighting requirements. identified a number of activities within the sources. The report directed the Secretary of Advanced tactical computer science and sensor Department of Defense (DOD) intended to en- Defense to undertake a basic review of the technology sure that U.S. Armed Forces are capable of policies and programs regarding defense crit- establishing and maintaining information The budget request included $18.5 million ical materials and critical materials re- superiority in the future. According to the in PE 63772A for advanced tactical computer search and to report the results of this re- GAO reports, the DOD has begun to make science and sensor technology. view by February 15, 1999. The House bill would authorize the budget progress toward establishing a comprehen- The Senate report (S. Rept. 105-189) in- request. sive C4ISR architecture, but needs to com- cluded no similar direction. The Senate amendment would authorize an plete its development, establish adequate in- The conferees note the views expressed in additional $2.5 million for digital intel- formation assurance measures, and ensure the House report and the potential ligence technology development. compliance with the architecture by the vulnerabilities of the domestic and foreign The Senate recedes. military departments, unified commands, supplier base for critical defense materials The conferees strongly endorse the use of and agencies. The GAO also observed that needed in the production of future defense commercial-off-the-shelf (COTS) technology the complexity, magnitude, and cost of systems. The conferees recognize the decline where appropriate to meet the needs of the DOD’s information superiority efforts war- in funding of applied materials research in 21st Century Army. The committee urges the rant a comprehensive annual overview of the the Department, particularly in the support Army to consider spending up to $5.0 million state of the Department’s management and of fundamental materials research by the of the discretionary funds in the Army’s oversight of C4ISR acquisitions. The con- Defense Advanced Research Projects Agency. digitization program to explore alternative ferees understand that the DOD agreed with In addition to the issues identified in the COTS technology for command and control the recommendations contained in the GAO House report, the conferees direct the Sec- applications for dismounted soldiers. reports. retary of Defense to assess the requirements Accordingly, the conferees direct the Sec- for a long-range plan for future materials re- Commercial technologies for maintenance activi- retary of Defense to submit with the DOD search that would ensure the availability of ties budget request for fiscal year 2000 a report to emerging high performance materials for fu- The conferees agree to amend the budget the congressional defense committees on the ture defense needs and to include the results request to change the name of PE 63805S to implementation of the information superi- of this assessment in the report submitted to commercial technologies for maintenance ority concept and its attendant key C4ISR the Congress. As a part of this assessment, activities. systems development and acquisitions. The the Secretary should consider the state of The conferees support funding for this pro- report should describe a DOD roadmap for competition, both within the United States gram established in section 361 of the Na- C4ISR interoperability. The report should and international markets, for raw materials tional Defense Authorization Act for Fiscal describe identified obstacles to interoper- for high speed applications, such as gallium Year 1998. The conferees believe the commer- ability, architecture development, imple- or other materials. cial technologies for maintenance activities mentation, and maintenance and the plans, Military human immunodeficiency virus re- program provides a framework for the depot including the planned allocation of re- search maintenance activities to work together sources, to address them. with U.S. manufacturing companies on The budget request included $5.7 million in Joint simulation system projects of common interest in which indus- PE 63105A for military human immuno- try will match Department of Defense fund- The conferees view the development of the deficiency virus research. ing on a two-for-one basis. The conferees be- Joint Simulation System (JSIMS) in PE The House bill would authorize the budget lieve that in planning the program in the 92740J as an important step in meeting a request. The Senate amendment would authorize a outyears, the Defense Logistics Agency critical joint readiness requirement. In addi- decrease of $2.6 million for the program. (DLA) should require each of the participat- tion, JSIMS provides a framework for the migration of all training simulations into a The conferees agree to authorize the budg- ing services to match DLA funds for the et request. projects conducted under the program. In common system and the elimination of the managing the program in fiscal year 1999, existing suite of legacy simulations across Navy antisubmarine warfare program the DLA should consider imposing such a the services. These legacy simulations are The conferees note the 1997 report by the matching requirement where practicable. increasingly outdated and expensive to Naval Studies Board of the National Acad- maintain. JSIMS is also a key enabler for emy of Sciences, Technology for the United Cyber Security Program the joint experimentation process recently States Navy and Marine Corps, 2000–2035. The The conferees support the Air Force cyber- directed by the Secretary of Defense to be es- report concludes that: security program, which would allow the Air tablished under the Commander in Chief, (1) antisubmarine warfare (ASW) is one of Force to conduct research and development U.S. Atlantic Command. the Navy’s most fundamental core com- at federally funded research and develop- The conferees encourage the Department petencies; ment centers that are currently working in of Defense to adequately fund this program (2) ASW must remain a core competency in collaboration on issues relating to security in fiscal year 2000 and beyond as a means of the face of a submarine threat that will in- information assurance. This program would ensuring that full operating capability fol- crease in the 21st century to become the help to facilitate the transition of informa- lows the fielding of initial operating capabil- dominant threat to the accomplishment of tion assurance technology to the defense ity without delay. naval missions; community which is vital as the Defense De- Man overboard indicator technology (3) the continuing draw down in naval partment increases its reliance on computer The budget request included no funds for forces and the current de-emphasis on ASW networks and information technology. the development of man overboard indicator have seriously eroded the Navy’s ASW capa- Defense information superiority, assurance, and technology. bilities; interoperability Both the House report (H. Rept. 105-532) (4) this erosion of capabilities comes at a Joint Vision 2010, the Joint Chiefs of Staff and the Senate report (S. Rept. 105-189) en- time when potential future adversaries are conceptual template for how U.S. Armed couraged the Navy to investigate the utility rapidly acquiring advanced quieting tech- Forces will fight future wars, identifies in- of commercially available, water-activated niques and other offensive submarine capa- formation superiority—the capability of man overboard indicator and the feasibility bilities; maintaining an uninterrupted flow of infor- of integrating such a system for fleet use. (5) the lack of consensus on a submarine mation while denying an adversary’s ability The conferees encourage the Navy to inves- threat and competing naval warfare prior- to do the same—as a key enabler for success tigate the feasibility of integrating a com- ities, combined with mounting pressure on in any future conflict. mercial off-the-shelf man overboard indica- the overall defense budget, have put the The conferees believe that communica- tor as a means of immediately alerting ship Navy’s ASW program at historically low lev- tions network interoperability problems ex- control personnel of a person accidentally els; perienced by Navy carrier battle groups dur- falling overboard. Additionally, the con- (6) advances in ASW capability come about ing operational test and evaluation of the ferees encourage the Navy to continue their only as a result of dedicated, long-term re- advanced combat direction system and the initiatives to identify a commercial off-the- search and development based on at-sea op- cooperative engagement capability, as dis- shelf personnel tracking and physiological erations, testing, measurements, and experi- cussed elsewhere in this statement of man- monitoring system, and to investigate the mentation; and agers, highlight potentially greater inter- possibility and utility of combining man (7) these types of research and development operability problems in communications, overboard, tracking, and physiological mon- projects and operations are largely absent command, control, computers, intelligence, itoring requirements into one device. from current Navy programs and plans. H8346 CONGRESSIONAL RECORD — HOUSE September 22, 1998 The conclusions of the Naval Studies The House Report (H. Rept. 105–132) accom- recommended options for making such data Board closely parallel congressional con- panying the National Defense Authorization available to civilian and defense research cerns about the erosion of the Navy’s ASW Act for Fiscal Year 1998 cautioned that a and education institutions and agencies; and capabilities since the end of the Cold War. thorough, objective and independent cost (4) recommendations on effective ways to These concerns led to direction to the Sec- and operational effectiveness analysis of foster cooperation among agencies that retary of Defense in the statement of man- competing system alternatives for meeting would benefit from SOSUS data, including agers that accompanied the conference re- the operational requirements for a naval the potential for cost-sharing among the port on S. 1124 (H. Rept. 104–450), and in the land attack missile would be required before agencies and institutions that would partici- classified annex that accompanied the state- the Navy proceeds with any development pate in the program. In conducting the as- ment of managers on H.R. 3230 (H. Rept. 104– milestone decision for such a missile system. sessment, the Council should take into ac- 724). These reports directed the Secretary to The conferees are aware that the Chief of count the cooperative research and develop- assess the current and projected U.S. ASW Naval Operations selected LASM as the most ment agreement that was established be- capability in the light of the developing cost effective near-term solution to its re- tween the Navy and the Scientific Environ- threat and budget trends, and to identify the quirement for a land attack missile system. mental Research Foundation in June 1998, to short-term and long-term improvements According to the Navy, selection of LASM use deactivated SOSUS stations to collect needed to cope with the evolving submarine was based on an extensive and broadly based data for scientific and educational purposes. threat. land attack analysis that compared LASM The conferees further request that a report The conferees commend the Navy and the and NTACMS on the basis of range, respon- of the results of the assessment be included Office of the Secretary of Defense for The siveness, lethality, growth potential, and in the annual report to Congress on the Na- 1997 Anti-Submarine Warfare Assessment, cost. But, the conferees believe that the as- tional Oceanographic Partnership Program dated March 1998. The assessment reaffirms sumptions used in the analysis may not ac- that is to be submitted by March 1, 1999. that ASW is a top priority mission for the curately reflect the operational realities of Optical correlation technology for automatic Navy, as well as being a core and enduring the littoral battlefield. In addition, the im- target recognition naval competency. The assessment of ASW pact of selecting LASM may result in the The conferees understand that progress in training, modernization, and organization cancellation of the NTACMS program. Can- the development of optical correlation tech- concludes that ASW training proficiency has cellation of NTACMS would result in a dif- nology for automatic target recognition declined and recommends that responsibility ferent approach regarding land attack mis- holds promise for the application of this for ASW proficiency be refocused in the sile support of Marines ashore and submarine technology to precision munitions, target fleet. According to the report, the highest employment in the littorals from that de- cueing for surveillance systems, medical di- priority ASW modernization efforts are fund- scribed in Navy testimony before Congress. agnosis, and other applications. The con- ed and the President’s budget request for fis- The conferees are reluctant to approve a re- ferees agree with the direction contained in cal year 1999 provides adequate equipment to quest for authorizing LASM if it results in the House report (H. Rept. 105–532) that the respond to likely threats to the end of the cancellation of NTACMS without Navy ex- Under Secretary of Defense (Acquisition and Future Year Defense Program and beyond. planations of the impact of such a decision Technology) report to the congressional de- The Navy has also created a new staff orga- on support of Marines ashore and other sub- fense committees with the submission of the nization within the Office of the Chief of marine missions in littoral warfare. fiscal year 2000 budget request, the overall Naval Operations (N-84), and charged that or- The conferees agree to authorize $11.3 mil- plan and program of the Department of De- ganization with the responsibility for inte- lion for development, risk reduction, and an- fense for the development and demonstration gration and assessment of the Navy ASW alytical activities leading to a defense acqui- of optical correlator technology for auto- program. sition program milestone decision for the matic target recognition. The conferees urge The conferees believe that ASW is a criti- missile system program to satisfy the Navy’s the Secretary of Defense to consider using cal enabler for naval operations in the land attack missile requirement. The con- discretionary funds to continue development world’s littoral regions, and that a stable ferees direct the Secretary of Defense to en- of this program through fiscal year 1999. and focused ASW program under appropriate sure that the analysis of alternatives for a oversight by the Department of the Navy Navy land attack missile system, as dis- Patriot anti-cruise missile defense and the Office of the Secretary of Defense cussed in the statements of managers accom- The conferees reaffirm their support for will be critical to achieving the goals of panying the National Defense Authorization fully evaluating the Patriot anti-cruise mis- near- and long-term improvements in ASW Act for 1998 (Public Law 105–85) and the Na- sile (PACM) concept and direct the Sec- proficiency and capabilities. To that end, the tional Defense Authorization Act for Fiscal retary of the Army to complete a rigorous conferees direct the Navy to update, at least Year 1999 (H. Rept. 105–532 and S. Rept. 105– test and evaluation program in fiscal year biannually, an ASW Master Plan that re- 189), and other issues appropriate to a major 1999, using funds previously appropriated for flects the Navy’s overall ASW investment acquisition milestone decision are completed this purpose, to determine the effectiveness strategy and program. The conferees also be- and the results reviewed by the Defense Ac- of the PACM seeker against the full range of lieve that the Chief of Naval Operations quisition Board before the Navy proceeds cruise missile threats. Results of this evalua- should consider providing staffing and re- with a development milestone decision for tion shall be provided to the congressional sponsibility for N-84 that is on a level com- the land attack missile system. defense committees in a report by April 15, mensurate with that of other Navy staff re- Oceanographic research information 1999. The report shall also include an assess- source sponsors for the functional warfare The conferees are aware of recent an- ment of options and associated costs for uti- areas. nouncements by the Vice President that the lizing the PACM seeker in future upgrades to Navy land attack missile program Department of the Navy is declassifying, and existing Patriot missiles. The budget request included $11.3 million will make available for use by the public and Project M in PE 63795N for continued evaluation of a private institutions and agencies with ocean The budget request included $4.9 million in naval version of the Army Tactical Missile research and education programs, previously PE 63508N to continue the development and System (NTACMS) for naval surface ship and classified acoustical data from the U.S. demonstration of advanced vibration control submarine use. No funds were included in the Navy’s underwater Sound Surveillance Sys- and quieting technology for naval machinery budget request for the Land Attack Standard tem (SOSUS) and data on ocean temperature support structures that was developed under Missile (LASM), a land attack variant of the and salinity levels under the Arctic ice cap. the Defense Advanced Research Project Navy Standard Missile. These data can be used, among other things, Agency’s Project M. The House bill would authorize the budget to track the migrations of large marine The House bill would authorize the budget request. The House bill would also direct mammals, predict natural catastrophes, and request. The House bill would also direct the that the Navy’s land attack missile program support long-term climate change research. Secretary of the Navy to program funds for not proceed to a Milestone I development de- The conferees believe that such actions pro- fiscal year 2000 to develop a prototype sys- cision until the analysis of alternatives and vide the opportunity to leverage the nation’s tem for surface ships that uses the Project M other issues appropriate to a major acquisi- $16.0 billion investment in the SOSUS sys- technology. tion program milestone decision have been tem by making data from this system avail- The Senate amendment would authorize resolved. able for continuing defense research and for the budget request. The Senate amendment would authorize civilian scientific research and education. The conferees agree to authorize the budg- the budget request. The Senate amendment The conferees request that the Chairman et request to continue the development and would also direct the Secretary of the Navy of the National Oceanographic Research demonstration of the Project M technology to report, among other things, an analysis of Leadership Council conduct an assessment in the Navy’s submarine large scale vehicle. alternatives for an advanced gun system of: (1) the value of SOSUS data to meet the The conferees also request the Secretary of that considers fulfilling some portion of the requirements of appropriate private and pub- the Navy to assess the potential benefits Navy’s fire support requirement with a modi- lic institutions and agencies with ocean re- that might result from the application of the fied version of the Army’s extended range search and education programs; (2) the cost Project M technology in surface ships and to multiple launch rocket system and some por- of making SOSUS data available for such report the results of that assessment to the tion of the fire support requirement with purposes in comparison to the cost of deploy- congressional defense committees by March NTACMS. ing alternative data-gathering systems; (3) 31, 1999. September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8347 Software security sharing, and require that the five-year plan (5) cost and benefit analysis of delaying pro- The conferees note the potential value of for the program include assessments of the curement of Crusader to avoid affordability continuing efforts to improve computer se- effectiveness of the manufacturing tech- issues associated with the current schedule curity by developing and testing prototype nology program and of the extent to which and allow for maturation of weight and pro- software security mechanisms, and the con- costs of projects are being shared by the par- pellant technologies. ferees urge the Secretary of Defense to con- ticipants in the program. The provision would limit the expenditure sider using $500,000 from discretionary funds The conferees note the requirement of sec- of funds for Crusader development to $223.0 for this purpose. tion 2525(d)(1) of Title 10, United States Code, million until 30 days after the date on which that competitive procedures shall be used for the Secretary of the Army submits the re- LEGISLATIVE PROVISIONS ADOPTED awarding all grants and entering into all sults of this report to the Congress. Subtitle A—Authorization of Appropriations contracts, cooperative agreements, and other The House bill contained no similar provi- Authorization of appropriations (secs. 201–202) transactions under the manufacturing tech- sion. nology program. The conferees note further The House recedes with an amendment. The House bill contained provisions (secs. the policy of Congress, as reflected in section 201–202) that would authorize the rec- Airborne Laser Program (sec. 217) 2374 of Title 10, United States Code, that the ommended fiscal year 1999 funding levels for The Senate amendment contained a provi- Department of Defense, the military depart- all research, development, test, and evalua- sion (sec. 214) that would: (1) direct the Sec- ments, the Coast Guard, and the National tion accounts. retary of Defense to conduct an assessment Aeronautics and Space Administration, The Senate amendment contained similar of the technical obstacles and operational should not be required by legislation to provisions. shortcomings expected for the Airborne award a new grant for research, develop- The conference agreement includes these Laser (ABL) program; (2) direct the Sec- ment, test, or evaluation to a non-federal en- provisions. retary to submit a report to Congress by tity; and that any program, project, or tech- March 15, 1999 that outlines his findings and Subtitle B—Program Requirements, nology identified in legislation be awarded Restrictions, and Limitations recommendations regarding the ABL pro- through merit-based selection procedures. gram; (3) recommend a reduction of $97.0 Management responsibility for Navy mine coun- Sense of Congress on the defense science and million for the ABL program; and (4) direct termeasures programs (sec. 211) technology program (sec. 214) that no more than $150.0 million of the funds The House bill contained a provision (sec. The House bill contained a provision (sec. remaining available to the ABL program be 211) that would extend until fiscal year 2003 214) that would express the sense of Congress obligated until 30 days after the Secretary the Office of the Secretary of Defense’s re- that at least 10 percent of the funds in the submits the report. sponsibilities for certifying that: (1) the research, development, test and evaluation The House bill contained no similar provi- Navy has submitted an adequate plan for accounts of the services should be spent on sion. mine countermeasures programs; (2) the science and technology programs. The provi- The House recedes with an amendment budget and the Future Years Defense Pro- sion would also express the sense of Congress that would: (1) direct the Secretary of De- gram support the plan; and (3) the Chairman concerning certain management objectives fense to conduct an assessment of the tech- of the Joint Chiefs of Staff has determined and would require an interagency study on nical and operational aspects of the ABL the Navy’s program is sufficient. recommendations for maintaining the tech- program; (2) direct the Secretary to submit a The Senate amendment contained no simi- nology base supporting the Department of report to Congress by March 15, 1999 that lar provision. Defense. outlines his findings and recommendations The Senate recedes. The Senate amendment contained a provi- regarding the ABL program; (3) authorize Future aircraft carrier transition technologies sion (sec. 1076) that would express the sense $235.2 million for the ABL program, a reduc- (sec. 212) of Congress that the Secretary of Defense tion of $57.0 million to the budget request; and (4) direct that no more than $185.0 mil- The budget request included $149.5 million have an objective of increasing science and lion of the funds authorized for the ABL pro- for future aircraft carrier research and devel- technology funding by no less than 2 percent gram be obligated until 30 days after the opment in PE 63512N and $40.6 million for over inflation above the amount requested Secretary submits the report. CV(X) feasibility studies in PE 63564N. The for the prior fiscal year for each year during The conferees understand and support the request also included $38.5 million for CVN-77 the period of fiscal years 2000 through 2008. Department of Defense’s desire to achieve contract design in PE 64567N. The provision would also express the sense of operational boost phase intercept capability The House bill contained a provision (sec. Congress regarding management goals for as soon as technically possible. In pursuit of 212) that would authorize the budget request the program. this goal, the conferees support continuation and designate $50.0 million of the $149.5 mil- The Senate recedes with an amendment of the Airborne Laser program. The con- lion authorization for future carrier develop- that would include the Senate funding objec- ferees note that, although the ABL program ment to be available for CVN-77 research and tives and integrate the House and Senate has undergone a significant degree of tech- development. management goals. nical review, questions having to do with the The Senate amendment contained a simi- Next generation internet (sec. 215) technical risk in the program continue to be lar provision (sec. 212). The budget request included $40.0 million raised in the Department of Defense and by The Senate recedes. in PE 62110E for the next generation internet independent organizations. Although the program. Manufacturing technology program (sec. 213) conferees have not come to any final conclu- The House bill contained a provision (sec. The House bill contained a provision (sec. sions regarding these questions, they are 215) that would authorize $53.0 million for 213) that would amend section 2525 of title 10, concerned that the current ABL develop- the program and clarify that the amount United States Code, to establish goals for ment program may not include sufficient specified in section 201(4) would be the cost sharing in the manufacturing tech- near-term risk reduction in the area of beam amount authorized for the program, notwith- nology program and procedures for waiver of compensation and may be structured to pro- standing any other provision of law. the cost sharing requirements. The provision ceed too rapidly with finalization of an ob- The Senate amendment contained no simi- would also require the Secretary of Defense jective design. In particular, the conferees lar provision and would authorize the budget to include information on the extent of cost are concerned that the Air Force plans to request. sharing by participants in the manufactur- enter engineering and manufacturing devel- The Senate recedes. ing technology program in the five-year plan opment (EMD) without adequate time to op- for the manufacturing technology program. Crusader self-propelled artillery system program erate, test, and evaluate the program defini- The Senate amendment contained a simi- (sec. 216) tion and risk reduction (PDRR) configura- lar provision (sec. 216) which would modify The Senate amendment contained a provi- tion. For example, the Air Force plans to cost sharing requirements to allow for dif- sion (sec. 211) that would require the Sec- order its first EMD aircraft a year before the ferent levels of cost sharing where appro- retary of the Army to revisit both require- PDRR aircraft undergoes a full system dem- priate, provide for establishing the level of ments and schedule for the established Cru- onstration against a missile target. cost sharing by competitive bidding, move sader program and provide a report to the To meet these concerns, the conferees be- the authority for wavier of cost sharing re- Congress that addresses: lieve that the Secretary of Defense must quirements to the service secretaries, and re- (1) assessment of the risk associated with carefully evaluate the technical risk in the quire cost share reporting to track invest- the current Crusader program technology; ABL program and determine: (1) whether ad- ments by non-industry program participants. (2) total requirement for Crusader associ- ditional testing and risk reduction is nec- The conferees agree to a provision that ated with Army After Next force structure essary prior to integration of the ABL sub- would require the use of competitive proce- revisions; systems into a commercial 747–400F aircraft; dures for determination of cost sharing, dele- (3) potential for reducing system weight by and (2) whether the fully integrated PDRR gate the authority to waive cost sharing re- as much as 50 percent; aircraft should be operated for a period of quirements to the Under Secretary of De- (4) potential for propellant and munition al- time and thoroughly tested prior to finaliz- fense for Acquisition and Technology or to ternatives and the impact of maturing this ing an objective design. In addition, the Sec- service acquisition executives, provide for technology on the overall program schedule; retary must also evaluate the ABL oper- the establishment of annual goals for cost and ational concepts and their relationship to H8348 CONGRESSIONAL RECORD — HOUSE September 22, 1998 technical risk and uncertainties in the pro- protection and prevention enhancements. Al- The Senate recedes. gram. though the conferees appreciate the funding Sense of Congress with respect to ballistic mis- The conferees direct the Secretary of De- constraints facing the Department of De- sile defense cooperation with Russia (sec. fense to establish an independent review fense, they do not believe that such con- 234) team to assist him in addressing the issues straints justify freezing the GPS design for The Senate amendment contained a provi- specified above, and transmit to Congress the next quarter century in a way that does sion (sec. 231) that would state that the the review team’s findings with the Sec- not adequately respond to obvious emerging United States should seek to foster a climate retary’s report. While this review is under- threats. Consequently, the conferees direct of cooperation with Russia on matters relat- way, and while the Air Force undertakes ad- the Secretary of Defense to undertake a GPS ed to missile defense, especially in the area ditional ground testing and data collection, modernization program that improves access of early warning. the conferees believe that the Air Force by friendly forces and denies access by hos- The House bill contained no similar provi- should temporarily slow the pace of activi- tile forces. The conferees direct the Sec- sion. ties related to integration of the PDRR air- retary to include in the report required by The House recedes with a technical amend- craft. Therefore, the conferees agree to au- this provision specific details of the actions ment. thorize a reduction of $57.0 million to the to protect and deny the GPS signal. The conferees note that the effort by the The conferees believe that a cooperative budget request for ABL. If the Secretary approach to ballistic missile defense could concludes that additional ground testing or Department of Defense to modernize the GPS system has delayed the new GPS sat- lead to a mutually agreeable evolution of the other risk reduction activities beyond those ABM Treaty, i.e., either modification or re- already planned are required during fiscal ellite design. Given this situation, it is pre- mature for the Department to enter into a placement by a newer understanding or year 1999, the conferees agree to authorize agreement, that would clear the way for the the Secretary to utilize up to $40.0 million multi-year procurement or other significant block satellite buy. At the same time, how- United States and Russia to deploy national from funds authorized for ABL to conduct missile defenses each believes necessary for those activities. ever, the Department requires additional funds for research and development to define its security. If implemented in a cooperative Enhanced Global Positioning System program fully the scope of the GPS modernization ef- manner, the conferees do not believe that (sec. 218) fort and to begin development of new sat- such steps would undermine the original in- The Senate amendment contained a provi- ellite sub-systems. Therefore, the conferees tent of the ABM Treaty, which was to main- sion (sec. 215) that would: (1) require the Sec- agree to authorize no funds in Air Force mis- tain strategic stability and permit signifi- retary of Defense to develop an enhanced sile procurement for GPS advance procure- cant nuclear arms reductions. Global Positioning System (GPS) program as ment, and to authorize an increase of $44.0 Ballistic missile defense program elements (sec. an urgent national security priority; (2) au- million in PE 64480F for GPS modernization. 235) thorize $44.0 million for fiscal year 1999 to Subtitle C—Ballistic Missile Defense The House bill contained a provision (sec. begin such development; (3) urge the Sec- 235) that would realign program elements for retary of Defense to fund adequately this ini- Sense of Congress on national missile defense the Ballistic Missile Defense Organization tiative in the Future Years Defense Pro- coverage (sec. 231) and require each program element to include gram; (4) urge the Secretary of Transpor- The House bill contained a provision (sec. funding for the management and support tation to provide sufficient funding to sup- 231) that would express the sense of Congress necessary for the activities within that pro- port additional civil frequencies and other that any deployed national missile defense gram element. enhancements for civil users; (5) extend by system should defend all fifty states and The Senate amendment contained no simi- five years the existing requirement to outfit that U.S. territories should be protected lar provision. all major Defense Department platforms from ballistic missile attack. The Senate recedes. with GPS receivers by the year 2000; and (6) The Senate amendment contained no simi- require the Secretary to submit a plan for lar provision. Restructuring of theater high altitude area de- implementing this provision by April 15, The Senate recedes with a clarifying fense system acquisition strategy (sec. 236) 1999. amendment. The House bill contained a provision (sec. The House bill contained no similar provi- Limitation on funding for the Medium Extended 236) that would: (1) require the Secretary of sion. Air Defense System (sec. 232) Defense to select an alternative contractor The House recedes with a technical amend- The House bill contained a provision (sec. as a potential source for the development ment. 232) that would prohibit the Secretary of De- and production of the Theater High Altitude The conferees strongly support the mod- fense from obligating or expending funds au- Area Defense (THAAD) interceptor missile ernization of the Global Positioning System thorized and appropriated for the Medium within a ‘‘leader-follower’’ acquisition strat- to meet new military requirements and Extended Air Defense System (MEADS) until egy; (2) require the Secretary of Defense to evolving threats. Such modernization should the Secretary certifies to Congress that establish a cost sharing arrangement with include those enhancements necessary to funding has been designated for MEADS in the THAAD prime contractor for flight test sustain the Global Positioning System’s the Future Years Defense Program (FYDP). failures of that missile beginning with the unique advantage to friendly forces for the The provision would require that if such cer- ninth test flight; (3) require the Secretary of long term. Similarly, the modernization plan tification is not received by January 1, 1999, Defense to proceed as expeditiously as pos- should include a suitable array of methods the funds authorized for MEADS would sible with the milestone approval process for and techniques to deny these same advan- thereafter be authorized only for the purpose the engineering and manufacturing develop- tages to an adversary when necessary. Al- of research and development to adapt the Pa- ment (EMD) phase of the THAAD system for though U.S. forces presently may be more triot Advanced Capability 3-Configuration 3 the battle management and command, con- dependent than other nation’s forces on the (PAC–3) to meet the Army requirement for a trol, and communications (BM/C3) and Global Positioning System’s highly accurate mobile theater missile defense system. ground based radar elements of the system; position, velocity, and timing information, The Senate amendment contained no simi- (4) prohibit the obligation of funds for the these same dependencies will naturally arise lar provision. THAAD user operational evaluation system among the forces of potential enemies as sat- The Senate recedes with an amendment (UOES) until there have been two successful ellite navigation technologies are further that would make funds authorized for tests of the THAAD interceptor missile; and disseminated and integrated into force doc- MEADS available to support alternative pro- (5) prohibit the Secretary of Defense from trine, training, and techniques, and as GPS- grammatic and technical approaches to approving the commencement of EMD for embedded applications become widely avail- meeting the requirement for mobile theater the THAAD interceptor missile until there able. While near term needs may suggest missile defense if the Secretary does not cer- have been three successful tests of that mis- that assured access to GPS signals by the tify to Congress that funding has been des- sile. United States and its allies will have a high- ignated for MEADS in the FYDP. The Senate amendment contained no simi- er pay-off than techniques that would deny Limitation on funding for cooperative ballistic lar provision. access to the GPS signal by adversaries, a missile defense programs (sec. 233) The Senate recedes with an amendment longer term view suggests that denial of The House bill contained a provision (sec. that would: (1) require the Secretary of De- enemy exploitation may offer significant, if 233) that would prohibit obligation or ex- fense to take appropriate steps to implement not overwhelming, advantage. Furthermore, penditure of $5.0 million authorized to be ap- technical and price competition for the de- the conferees recognize that modernization propriated for the Russian-American Obser- velopment and production of the THAAD in- of GPS satellites will take a long time given vation Satellites (RAMOS) program until terceptor missile; (2) authorize $29.6 million current purchasing approaches and the long the Secretary of Defense certifies to Con- to establish this technical and price com- life of individual satellites comprising the gress that the Department of Defense has re- petition; (3) require the Secretary of Defense operational satellite constellation. A design ceived detailed information concerning the to establish a cost sharing arrangement with change that must be implemented in a full nature, extent, and military implications of the THAAD prime contractor for flight test constellation to be effective will take 12 or ballistic missile technology transfer from failures of that missile beginning with the more years to field and will be in place for Russian sources to Iran. ninth flight test; (4) allow the Secretary of another 12–13 years. This 25-year time period The Senate amendment contained no simi- Defense to proceed with the milestone ap- necessitates balanced investment in both lar provision. proval process for the EMD phase of the September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8349 THAAD system for the BM/C3 and ground lion for the Department of Defense/Depart- The provision would also require the Sec- based radar elements of the system; (5) re- ment of Veterans Affairs (DOD/VA) Coopera- retary of Defense to develop and carry out a quire the Secretary of Defense to prepare a tive Research Program and clarify the role plan to establish a research program that plan that would allow for contingency de- of the Department of Defense as executive would assist the Secretary in developing pol- ployment of THAAD missile interceptors be- agent of the program. icy and doctrine, as well as new risk assess- fore U.S. military forces are equipped with The House bill contained no similar provi- ment methods and instruments, with respect the objective configuration of those missiles; sion. to the effects of exposure to chemical war- and (6) prohibit the Secretary of Defense The House recedes with an amendment fare agents and other toxic substances, in from approving the commencement of EMD that would delete the reference to funding. order to ensure that U.S. forces are ade- for the THAAD interceptor missile until The conferees agree to authorize $10.0 mil- quately protected against exposure to chemi- there have been three successful tests of that lion in PE 63738D for the DOD/VA coopera- cal warfare agents and toxic substances. The missile. tive research program. provision also requires that a five-year budg- The conferees are aware that the Depart- Review of pharmacological interventions for re- et plan be developed. ment of Defense is considering establishment versing brain injury (sec. 245) The Secretary of Defense is required to re- of a second source for the THAAD intercep- The Senate amendment contained a provi- port to the congressional defense commit- tor missile seeker, the portion of the missile sion (sec. 232) that would require the Sec- tees not later than May 1, 1999, on the review deemed to contain the highest technical retary of Defense to review and report to the of DOD policies and doctrine on exposure to risk. Based on information received to date, chemical warfare agents and toxic sub- Congress on research on pharmacological the conferees tentatively support this pro- stances, and any recommendations to modify interventions for reversing brain injury re- posal, but direct the Secretary of Defense to current policy and doctrine as a result of the sulting from injuries incurred in combat or submit a detailed report on this concept to review, any recommended legislative provi- exposures to chemical weapons. the congressional defense committees by The House bill contained no similar provi- sions, and the plan to establish the research February 15, 1999, including the cost and pro- sion. program. grammatic implications of this approach. The House recedes. Landmine alternatives (sec. 248) Subtitle D—Other Matters The conferees direct that the Secretary of The Senate amendment contained a provi- Extension of authority to carry out certain pro- Defense include in the report a discussion of sion (sec. 233) that would make $17.2 million totype projects (sec. 241) the ability to detect and treat status available from funds authorized in section The Senate amendment contained a provi- epilepticus at the scene of the injury, which 201 of this Act for alternatives to anti-per- sion (sec. 218) that would extend the author- could have an impact on reducing mortality sonnel landmines and anti-personnel sub- ity to carry out certain prototyping projects and morbidity resulting from both head munitions used in mixed anti-tank mine sys- as specified under section 845 of the National trauma and chemical weapon exposure. tems; would require the Secretary of Defense Defense Authorization Act for Fiscal Year Pilot program for revitalizing the laboratories to contract with scientific organizations to 1994 (Public Law 103–160), through September and test and evaluation centers of the De- identify existing and new tactics, tech- 30, 2001. partment of Defense (sec. 246) nologies and concepts that would provide The House bill contained no similar provi- The Senate amendment contained a provi- comparable combat capabilities to current sion. sion (sec. 1067) that would provide authority anti-personnel landmines and anti-personnel The House recedes. for one laboratory and one test and evalua- landmines used in mixed systems, and report The conferees continue to believe that the tion center to carry out a pilot program to to Congress on their recommendations; section 845 authority should only be used in would require the Secretary of Defense to demonstrate improved cooperative agree- the exceptional cases where it can be clearly submit a report to the congressional defense ments with universities and other private demonstrated that a normal contract or committees by April 1, 1999 and April 1, 2000 entities. grant will not allow sufficient access to af- The House bill contained no similar provi- on the progress achieved in identifying and fordable technologies. The conferees are es- sion. deploying tactics, technologies and concepts pecially concerned that such authority not The House recedes with a technical amend- as alternatives to anti-personnel landmines; be used to circumvent the appropriate man- ment. and would define anti-personnel landmines agement controls in the standard acquisition and mixed munition systems consistent with Chemical warfare defense (sec. 247) and budgeting process. Any further consider- the definitions contained in the Convention ation of extending this authority beyond The House bill contained a provision (sec. on the Prohibition on the Use, Stockpiling, September 30, 2001 will be based upon a care- 723) that would authorize the Secretary of Production and Transfer of Anti-Personnel ful review and a conclusion by the congres- the Air Force to conduct research on health- Mines and their Destruction (otherwise sional defense committees that this author- related environmental and ecological effects known as the Ottawa Treaty) for anti-per- ity has been used in a limited and respon- of exposure to chemical, biological and radi- sonnel landmine and mixed mine systems. sible manner. The conferees direct the Sec- ological hazards and to develop more accu- The House bill contained no similar provi- retary of Defense to provide a report to the rate risk assessment tools. In addition, the sion, but would authorize the budget request congressional defense committees, no later provision would authorize an increase of $1.8 for Army and defense-wide activities related than March 1, 1999, on the use of this author- million in the Defense Health Program to to research and development of alternatives ity. conduct this risk assessment program. to anti-personnel landmines. The Senate amendment contained a provi- The conferees agree to a provision that North Atlantic Treaty Organization alliance sion (sec. 1045) that would direct the Sec- would direct that not more than $19.2 million ground surveillance concept definition (sec. retary of Defense to review, and modify as be made available from amounts authorized 242) appropriate, Department of Defense chemi- in section 201 of this Act for research and de- The Senate amendment contained a provi- cal warfare defense policy and doctrine re- velopment of alternatives to anti-personnel sion (sec. 219) that would make available garding the protection of U.S. forces against landmines and anti-personnel landmines funds from Army and Air Force research and exposure to low levels of chemical warfare used in mixed anti-tank mine systems that development of a North Atlantic Treaty Or- agents. In addition, the provision would re- would be equivalent to the combat capabili- ganization Alliance Ground Surveillance quire the Secretary of Defense to report to ties of the current systems. The conferees (NATO AGS) capability based on the Joint the congressional defense committees on any also direct the Secretary of Defense to sub- Surveillance/Target Attack Radar System modification to chemical warfare policy and mit, with the fiscal year 2000 budget, an ex- (JSTARS). doctrine as a result of the review, and estab- planation of any funds requested to support The House bill contained no similar provi- lish a plan for a five-year research program a research and development program for ex- sion. to assist the Secretary in developing policy isting and new technologies and concepts The House recedes. and doctrine on exposure to low-level chemi- that could provide an equivalent combat ca- NATO common funded civil budget (sec. 243) cal agents. pability to anti-personnel submunitions used The Senate amendment contained a provi- The conferees agree to a provision that in mixed mine systems or to mixed mine sys- sion (sec. 220) that would authorize the con- would direct the Secretary of Defense to re- tems. tribution of the United States to the com- view and modify Department of Defense Additionally, the conferees direct the Sec- mon funded Civil Budget of NATO. chemical warfare policy and doctrine to en- retary of Defense to submit a report to the The House amendment contained no simi- sure that U.S. forces are adequately pro- congressional defense committees describing lar provision, but would authorize funds in- tected against any exposure to chemical war- progress made in identifying existing and cluded in the budget request for the U.S. fare agents, to include exposure to low-levels new technologies and concepts as alter- contribution to the common funded Civil of chemical agents and other potentially natives to anti-personnel submunitions used Budget of NATO. toxic substances in the environment that in mixed mine systems or to mixed mine sys- The House recedes. would endanger the health of exposed person- tems. The conferees direct the Secretary to Executive agent for cooperative research pro- nel. Additional areas to be included in the include in the report the recommendations gram of the Department of Defense and the review are the exposure of U.S. forces to low- of two scientific organizations regarding the Department of Veterans Affairs (sec. 244) grade nuclear and electromagnetic radiation, identification, adaptation, modification, re- The Senate amendment contained a provi- preventive medications, and diesel, jet, and search and development of existing and new sion (sec. 222) that would authorize $10.0 mil- other hydro-carbon based fuels. technologies and concepts. H8350 CONGRESSIONAL RECORD — HOUSE September 22, 1998

LEGISLATIVE PROVISIONS NOT ADOPTED here to the original schedule. The conferees retary of the Air Force provides the congres- Limitation on funding for counterproliferation believe that the delays in the Global Hawk sional defense and intelligence committees support and DarkStar development and test pro- with the following: grams will reduce the level of participation The House bill contained a provision (sec. (1) a formal statement of requirements for in joint exercises in fiscal year 1999 below the HAE UAVS; 234) that would prohibit the obligation or ex- that level assumed in the budget request. (2) a certification that either or both of penditure of funds requested in the fiscal The conferees are also aware that these these UAVs satisfy the Air Force’s military year 1999 budget for the counterproliferation delays have affected the common ground seg- utility and suitability requirements; and support program in PE 63160BR until receipt ment development effort as well. (3) completes a formal engineering and of an annual report required by Section 234 In view of the above, the conferees believe manufacturing development program for the of the National Defense Authorization Act of that the budget request for joint exercise selected UAV alterative(s). 1998 (Public Law 105–340) on the threat posed participation and common ground segment to the United States and its allies by weap- Persian Gulf illnesses development exceeds what can realistically ons of mass destruction and cruise and bal- be accomplished in fiscal year 1999. Thus, the The Senate amendment contained a provi- listic missiles. conferees agree to authorize a decrease of sion (sec. 221) that would authorize an in- The Senate amendment contained no simi- $25.0 million for these two activities in a crease of $10.0 million in PE 61105D for re- lar provision. manner which will allow equitable testing of search in Persian Gulf illnesses. The House recedes. both Global Hawk and DarkStar, the specific The House bill contained no similar provi- Unmanned aerial vehicle programs application of which shall be at the discre- sion. The budget request included $178.7 million tion of the Secretary of the Air Force. The Senate recedes. for High Altitude Endurance, Unmanned The conferees have also learned that, be- The conferees urge the Secretary of De- Aerial Vehicles (HAE UAVs) in the Defense- cause of business decisions about production fense to use discretionary funds to increase Wide research and development account (PE facilities unrelated to the Global Hawk pro- research for Persian Gulf illnesses in fiscal 35205D8Z). This included $90.1 million for the gram, the contractor is experiencing sub- year 1999. Global Hawk program, $40.5 million for the stantial dislocation in its business plan and DarkStar program, and $48.1 million for com- the construction facility has been forced to Low cost launch development program mon ground segment development. Within operate in a manner that could adversely im- The Senate amendment contained a provi- these totals, the budget request included pact any future Global Hawk production. Ac- sion (sec. 223) that would increase funds for $68.6 million to support contractor participa- cordingly, the conferees agree to authorize low cost launch technology development. tion in test and evaluation of military util- an increase of $25.0 million to mitigate the The House bill contained no similar provi- ity in joint exercises for the Global Hawk effects of the business plan dislocation on sion. and DarkStar programs ($39.2 million and the Global Hawk construction facility. $29.4 million, respectively). The budget re- In summary, the conferees authorize $183.0 The Senate recedes. Funding for low cost quest also included $4.3 million for Air Force million for endurance UAVs in PE 35205F, in- launch technology development is addressed endurance UAVs in PE 35205F. cluding a $25.0 million increase to mitigate elsewhere in this report. The House bill would authorize an increase adverse impacts to the Global Hawk con- TITLE III—OPERATION AND MAINTENANCE of $32.5 million in the procurement title to struction facility, and a $25.0 million de- Overview buy three additional Global Hawk UAVs. The crease to be applied against the joint exer- House bill would also transfer HAE UAV de- cise and/or common ground segment develop- The budget request for fiscal year 1999 con- velopment funding from Defense-Wide re- ment activities. tained an authorization of $94,219.1 million search and development to PE 35205F. In accordance with section 216 of the Na- for Operation and Maintenance in the De- The Senate amendment would authorize a tional Defense Authorization Act for Fiscal partment of Defense and $900.0 for Working decrease of $8.5 million. The Senate amend- Year 1998 (Public Law 105–85), the conferees Capital Fund Accounts in fiscal year 1999. ment also contained a provision (sec. 213) reiterate that no additional HAE UAV air- The House bill would authorize $92,476.5 mil- that would terminate the DarkStar un- craft are to be procured until the completion lion for Operation and Maintenance and manned aerial vehicle program, and transfer of the respective phase II military user as- $1,746.1 for Working Capital Fund Accounts. $32.5 million to the Global Hawk unmanned sessments (NMA). The Senate amendment would authorize aerial vehicle program once phase II testing Because the conferees believe that the $93,849.8 million for Operation and Mainte- of the Global Hawk unmanned aerial vehicle transition to procurement could involve sig- nance and $764.1 for Working Capital Fund is complete. nificant air vehicle design changes, the con- Accounts. The conferees recommended an The conferees note the recent successful ferees direct the Department of Defense to authorization of $92,891.5 million for Oper- test flights of the DarkStar UAV. The Sen- conduct any follow-on HAE UAV procure- ation and Maintenance and $1,746.1 for Work- ate recedes on the provision to terminate the ment program in adherence with its estab- ing Capital Fund Accounts for fiscal year DarkStar program. lished acquisition procedures. Further, the 1999. Unless noted explicitly in the state- The conferees are disappointed that these conferees direct that no follow-on HAE UAV ment of managers, all changes are made two UAV programs have not been able to ad- procurement may commence until the Sec- without prejudice. September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8351 H8352 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8353 H8354 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8355 H8356 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8357 H8358 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8359 H8360 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8361 H8362 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8363 H8364 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8365 H8366 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8367 H8368 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8369 H8370 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8371 H8372 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8373 H8374 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8375 H8376 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8377 H8378 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8379 H8380 CONGRESSIONAL RECORD — HOUSE September 22, 1998 Arms control implementation fense (OSD) and the Washington Head- that one of the primary goals of any consoli- The budget request included $275.3 million quarters Services involved in the oversight dation should be to have all the elements of in the military services and defense accounts and management of associated programs, in- the DTRA either in one building or complex to meet specific arms control implementa- cluding the On-Site Inspection Agency or at least within walking distance of each tion and compliance obligations. The budget (OSIA), the Defense Special Weapons Agency other. Otherwise, the conferees are con- request is formulated on anticipated re- (DSWA), the chemical-biological defense pro- cerned the consolidation unnecessarily could source requirements, to include planning as- gram and the counterproliferation support result in substantial disruption of personnel sumptions of anticipated dates of entry into program. The budget request also rec- and substantial increases in time commuting force of arms control agreements, numbers ommended elimination of the position of the to meetings and other events during the day. of inspections or observations to be per- Assistant to the Secretary of Defense for Nu- Before any further commitments for office formed in the year, data reporting and infor- clear, Chemical and Biological Matters space are made or additional efforts taken to mation exchange requirements. (ATSD(NCB)). consolidate the component parts of DTRA in The House bill would decrease the budget The House bill would authorize a decrease the Dulles area, the conferees direct the Sec- request for the On-Site Inspection Agency of $500,000 for DTRA. retary of Defense to submit a report no later The Senate amendment would authorize a for the following: $1.5 million for START II than May 14, 1999 on the cost and overall ef- decrease of $20.0 million for DTRA and would implementation activities; $1.0 million for fect of this move on the work of the agency. recommend that in addition to transferring implementation of the Open Skies Treaty; This report should address: the availability the activities of the OSIA and DSWA to the and $1.0 million for activities related to of public transportation; plans for transport- DTRA, the chemical-biological defense pro- entry into force of the Comprehensive Test ing employees during the day; relocations gram, counterproliferation support program, Ban Treaty (CTBT). The House bill would costs; commuting impacts; potential sav- the unitary and nonstockpile chemical and also authorize a decrease of $25.0 million for ings; an assessment of the advantages and munitions destruction programs, and pro- research and development activities related disadvantages of co-locating and co-locating grams related to force protection, such as to implementation of the CTBT. Lastly, the to the Dulles area; issues associated with the physical security program (PE 63228D8Z), House bill would authorize no funds for reim- force protection; an assessment of the alter- and the counter-terror technical support pro- bursement to the Organization for the Prohi- natives to co-locating including not moving; gram (PE 63122D8Z), also be transferred to bition of Chemical Weapons (OPCW) for the and the impact on retention and morale of DTRA. personnel that would move. costs of inspectors salaries and transpor- The conferees agree to authorize a decrease Joint Military Intelligence Program tation from the Hague for inspections con- of $12.0 million for DTRA. The conferees ducted pursuant to the Chemical Weapons agree that the counterproliferation support The budget request included $3.8 billion in Convention. program and activities related to force pro- the Operation and Maintenance, Defense- The Senate amendment would authorize no tection, such as the physical security pro- Wide account for classified and intelligence funds to reimburse the Organization for the gram (PE 63228D8Z) and subelements of the programs, including funds in the Joint Mili- Prohibition of Chemical Weapons for inspec- counter-terror technical support program tary Intelligence Program for the National tors salaries and transportation from The (PE 63122D8Z) related to weapons of mass de- Imagery and Mapping Agency (NIMA), the Hague to the U.S. Point of Entry, and for re- struction and force and infrastructure pro- Joint Reserve Intelligence Program (JRIP), imbursement of the cost of arms control in- tection, be transferred to DTRA. As noted and the Command, Control, Communica- spections in foreign countries when those elsewhere in this report, oversight and direc- tions, Computers, Intelligence, Surveillance, costs are the obligation of the inspected tion of the counter-terror technical support and Reconnaissance Integrated Architecture country. program remains with the Assistant Sec- Plan (CIAP). The conferees agree to authorize a decrease retary of Defense (Special Operations/Low The House bill would authorize a net de- of $28.0 million for the following arms con- Intensity Conflict). crease of $9.0 million for NIMA, an increase trol implementation activities: $1.5 million The conferees agree that policy and pro- of $3.0 million for JRIP, and an increase of for START II; $1.0 million for Open Skies ac- grammatic oversight for the chem-bio de- $3.0 million for CIAP. The House report (H. tivities; $1.0 million for CTBT; $9.0 million fense program and the chemical demili- Rept. 105–508) accompanying the Intelligence for reimbursement of other than ‘‘usual’’ in- tarization program should remain within the Authorization Act for Fiscal Year 1999 (H.R. country inspection costs; and, $0.5 million Office of the Secretary of Defense, and that 3694) directed that no funds authorized or ap- for anticipated reimbursement of payments the Department of the Army should remain propriated for NIMA be made available for for arms control inspection costs borne by the executive agent for these programs, pur- the joint mapping tool kit (JMTK) module of the inspected party to a treaty or agree- suant to Section 1701 of the National Defense the global command and control system ment. The conferees also agree to a decrease Authorization Act for Fiscal Year 1994 (Pub- (GCCS) until the Assistant Secretary of De- of $15.0 million for research and development lic Law 103–160) and Section 1412 of the De- fense for Command, Control, Communica- activities in support of CTBT and U.S. nu- partment of Defense Authorization Act for tions, and Intelligence (ASD(C3I)) either cer- clear test detection requirements. Fiscal Year 1986 (Public Law 99–145). How- tifies that the Defense Information Systems The conferees agree that of the funds au- ever, the conferees do recognize that there Agency (DISA) will procure the module com- thorized for research and development ac- may be activities within both of these pro- mercially, or reports to the congressional de- tivities in support of CTBT requirements, grams that represent unique operational re- fense and intelligence committees why such $20.0 million shall be available for efforts to sponsibilities of DTRA, and encourage DTRA commercial procurement would be disad- develop critical seismic technology to de- to consult closely with both the Office of the vantageous. tect, verify, and evaluate both natural and Secretary of Defense and the Department of The Senate amendment would authorize weapons-related phenomena important to the Army. the budget request for NIMA, JRIP, and nuclear test detection. The conferees agree to a separate provision CIAP. Navy Environmental Leadership Program (sec. 1521) dealing with the Defense Technical The conferees agree to authorize a decrease of $7.0 million for NIMA sustaining capabili- The budget request included $2.4 million Security Administration (DTSA). A discus- ties and an increase of $7.0 million for prod- for the Navy Environmental Leadership Pro- sion of the conferees recommendation for the uct outsourcing. The conferees direct that gram (NELP). DTSA can be found elsewhere in this report. the sustaining capabilities reduction be ap- The House bill would authorize an increase The conferees do not agree to transfer the plied equitably across all NIMA facilities of $4.0 million for NELP. statutory responsibility for nuclear weapons, and functions, and that no more than half of The Senate amendment would authorize no including support of the Nuclear Weapons the decrease be applied to personnel. The funds for NELP. Council, to DTRA. Elsewhere in this report conferees also agree to authorize an increase The conferees agree to authorize an in- the conferees discuss in greater detail the de- of $3.0 million for JRIP and an increase of crease of $2.0 million for NELP. cision not to abolish the Assistant to the Secretary of Defense for Nuclear, Chemical, $3.0 million for CIAP. Defense Threat Reduction Agency (DTRA) and Biological Matters. With regard to the House position on The budget request included $304.7 million A part of the proposal to create DTRA is JMTK module procurement, the conferees for the Defense Threat Reduction Agency the physical consolidation of the various agree that NIMA and DISA should be acquir- (DTRA). functions located in the Dulles area of Vir- ing commercially available products unless In November 1997, as part of its Defense ginia. The On-Site Inspection Agency there is very strong justification to the con- Reform Initiative (DRI), the Department of (OSIA), one of the DTRA components, is cur- trary. Therefore, the conferees direct the Defense recommended the establishment on rently located in the Dulles area. The con- ASD (C3I) to provide the congressional de- October 1, 1998 of the Defense Threat Reduc- ferees have been informed by the Depart- fense and intelligence committees by Janu- tion Agency (DTRA), a single agency that ment of Defense (DOD) that sufficient space ary 29, 1999 a report on his plan for: (1) estab- would carry out programs to counter pro- does not currently exist at OSIA, or in the lishing a process for certifying commercial liferation and reduce threats posed by weap- Dulles area, to co-locate all of the DTRA ele- products that meet GCCS interface protocols ons of mass destruction and to provide nu- ments in one building or in one complex. As and standards; (2) providing all documenta- clear weapons stockpile and related support. a result, DOD must either build or lease sub- tion needed for vendors to determine wheth- The agency would consolidate several func- stantial additional space to accommodate er their applications software products can tions from the Office of the Secretary of De- the new organization. The conferees believe achieve such certification; and (3) ensuring September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8381 that NIMA and DISA are making all reason- grams and the coordination and development have spill, overfill, and corrosion protection, able efforts to evaluate commercially avail- of guidelines necessary for crisis manage- otherwise such tanks may be subject to re- able GCCS modules (such as JMKT) that can ment. The conferees request that the Presi- moval, closure in place, or replacement. Gen- achieve such certification before spending dent’s report identify requirements for any erally, state environmental regulatory agen- Department of Defense funds to develop such additional fiscal year 1999 funds that may be cies have adopted the Federal minimum modules. required to implement actions taken to in- RCRA compliance standards for underground Domestic emergency response program crease the effectiveness of the domestic storage tanks. The budget request included $246.2 million emergency response program. A recent audit conducted by the DOD Of- The conferees endorse the direction con- for key Department of Defense programs to fice of Inspector General (IG) determined tained in the Senate report (S. Rept. 105-189) counter paramilitary and terrorist threats that there were significant variances be- requiring the Secretary of Defense to report involving weapons of mass destruction, in- tween state- and DOD-generated under- to the congressional defense committees on cluding $99.1 million for the domestic emer- ground storage tank inventories. The DOD the use of the DOD stockpile of vaccines, gency response preparedness program as fol- IG determined that such divergent results medical supplies and protective gear in a do- lows: $49.9 million for the Department of De- occurred because the DOD managers and mestic WMD emergency, and the availability fense to prepare and enhance Federal, state state environmental regulators prepared sep- of vaccines, antiserums and antidotes in and local response capabilities to terrorist arate underground storage tank inventories other Federal entities that could also be incidents involving weapons of mass destruc- that were not reconciled. Consistent with used. In addition, the President’s report to tion (WMD), and $49.2 million for the Depart- that determination, the DOD IG concluded Congress should discuss the advisability of ment of the Army for the Reserve Compo- that operations may be disrupted at some establishing regional stockpiles of both nents’ participation in domestic emergency DOD installations after December 22, 1998, if emergency protective gear and vaccines that preparedness and response to the terrorist state regulatory agencies do not obtain accu- could be available for emergency use by Fed- use of weapons of mass destruction. rate data with which to assess DOD under- The House bill would authorize a decrease eral, state and local responders in the event ground storage tank compliance under of $28.5 million for the Reserve Components’ of a terrorist event using WMD. RCRA, Subtitle I. participation in WMD domestic prepared- ITEMS OF SPECIAL INTEREST The conferees direct the Secretary of De- ness, including $14.6 million for military per- Fire support software engineering center fense to submit a report, no later than 60 days after the enactment of this Act, to the sonnel, $7.0 million for operation and main- The conferees are concerned about the congressional defense committees on the tenance, and $6.9 million for the procure- readiness and upgrades of Army command number of underground storage tanks pro- ment of contamination avoidance equip- and control and fire direction systems pres- jected to be noncompliant after December 22, ment. ently maintained by the Fire Support Soft- 1998. The report shall identify a plan that The Senate amendment would authorize ware Engineering Center (FSSEC) at Fort would minimize operational disruptions as- the budget request for domestic emergency Sill, Oklahoma. Delays on systems such as sociated with noncompliant tanks. preparedness for the Department of Defense the Battery Computer System, the Initial and the Department of the Army. In addi- Fire Support Automated System, and the LEGISLATIVE PROVISIONS ADOPTED tion, the Senate would recommend the trans- Multiple Launch Rocket System must be Subtitle A—Authorization of Appropriations fer of the mission, function and resources for avoided. Therefore, the conferees urge the Authorization of appropriations (secs. 301–302) the Defense domestic emergency prepared- Army to continue full operational funding The House bill contained provisions (secs. ness program to the Defense Threat Reduc- for the FSSEC. 301–302) that would authorize the rec- tion Agency (DTRA). Lead-based paint soil contamination at Depart- The conferees agree to authorize the budg- ommended fiscal year 1999 funding levels for ment of Defense facilities et request for countering paramilitary and all operations and maintenance and working terrorist WMD threats and for the DOD and A December 20, 1996, Environmental Pro- capital fund accounts. the Department of the Army for the WMD tection Agency (EPA) memorandum indi- The Senate amendment contained similar domestic emergency response program. Au- cates that the Comprehensive Environ- provisions. thorization of Reserve Components’ partici- mental Response, Compensation and Liabil- The conference agreement includes these pation in WMD domestic emergency pre- ity Act (CERCLA) may be applied to compel provisions. paredness and response is discussed in Title the cleanup of lead-contaminated soils on Armed Forces Retirement Home (sec. 303) federal facilities. The conferees understand V of this report. Additionally, specific ad- The House bill contained a provision (sec. that, to date, EPA has only applied this in- justments to program elements for counter- 303) that would authorize $70.7 million from ing paramilitary and terrorist WMD threats terpretation of CERCLA at DOD sites. The conferees note that section 120(a)(1) the Armed Forces Retirement Trust Fund are discussed elsewhere in the report on the for the operation of the Armed Forces Re- individual projects which are included in the and (2) of the CERCLA provides that federal facilities are to comply with all guidelines, tirement Home, including the U.S. Soldiers’ program. and Airmen’s Home and the Naval Home. The conferees are aware that a National rules, regulations, and criteria ‘‘. . . in the same manner, and to the extent as such The Senate amendment contained an iden- Coordinator has been appointed by the Presi- tical provision (sec. 303). dent, pursuant to the direction contained in guidelines, rules, regulations, and criteria are applicable to other facilities.’’ Although The conference agreement includes this the National Defense Authorization Act for provision. Fiscal Year 1997 (Public Law 104–201), whose the conferees recognize that there may be Transfer from the National Defense Stockpile responsibilities shall include operational quantifiable human health risks that sup- Transaction Fund (sec. 304) oversight of the Federal government’s secu- port response actions at certain sites with rity and counterterrorism efforts, to include lead-based paint contamination, there is The House bill contained a provision (sec. domestic emergency preparedness and re- concern about consistency. 304) that would authorize the Secretary of sponse to the terrorist use of WMD. The con- The conferees are concerned about the pos- Defense, to the extent provided in an appro- ferees have included a provision in Title XIV sibility of disparate enforcement actions re- priation act, to transfer $150.0 million from of this report that would require the Presi- lated to lead-based paint. The conferees di- the National Defense Stockpile Transaction dent to increase the effectiveness of the do- rect that the Secretary of Defense include in Fund to the operations and maintenance ac- mestic emergency preparedness program and the fiscal year 1998 annual report on environ- counts. to submit a report to Congress by January mental restoration (10 U.S.C. 2706(a)) a de- The Senate amendment contained an iden- 31, 1999 outlining the actions taken to in- scription of the sites, human health risks, tical provision. crease the effectiveness of the program. In costs, and delays, if any, related to the EPA The conference agreement includes this addition, the conferees direct that the report enforcement of response action requirements provision. submitted by the President on January 31, for lead-based paint at Department of De- Subtitle B—Program Requirements, 1999 include information on the efforts to fense sites. Restrictions, and Limitations State certification of underground storage tanks meet the challenge of limiting the damage Refurbishment of M1–A1 Tanks (sec. 311) and manage the consequences of the terror- The conferees note that underground stor- The House bill contained a provision (sec. ist use of WMD, as outlined in Presidential age tanks owned and operated by the Depart- 305) that would authorize $31.0 million for Decision Directive (PDD) 62. The conferees ment of Defense (DOD) are subject to Fed- the refurbishment of up to 70 M1–A1 tanks understand that the intent of PDD 62 is to eral, state, and local statutory and regu- under the AIM–XXI program. create a new and more systematic approach latory guidance. The Resource Conservation The Senate amendment contained no simi- to fighting the threat of the terrorist use of and Recovery Act (RCRA) (42 U.S.C. 6991– lar provision. WMD. The report should outline the role and 6991h) sets minimum standards for spill, The Senate recedes. obligations of the National Coordinator in overfill, and corrosion protection mecha- overseeing the relevant policies and pro- nisms to be included in standards for upgrad- Operation of prepositioned fleet, National grams in the U.S. Government, the respon- ing, replacing, and closing new and existing Training Center, Fort Irwin, California (sec. sibility of the National Coordinator to the underground storage tanks. Existing under- 312) Congress, implementation of recommenda- ground storage tanks, those installed prior The House bill contained a provision (sec. tions on budgets for counter-terrorism pro- to December 22, 1988, must be upgraded to 306) that would authorize $60.2 million for H8382 CONGRESSIONAL RECORD — HOUSE September 22, 1998 the operation of the prepositioned fleet of findings regarding the basis for the reim- Prevent Pollution from Ships (APPS) (33 equipment during training operations at the bursement, state that the authorization U.S.C. 1901, et seq.) by authorizing certain National Training Center, Fort Irwin, Cali- shall not be construed as precedent setting, submersible vessels owned or operated by the fornia. and that the $100.0 million would be paid in Navy to discharge non-plastic garbage that The Senate amendment contained no simi- full satisfaction of any and all environ- has been compacted and weighted to ensure lar provision. mental contamination claims by Canada. negative buoyancy within special use areas. The Senate recedes. The House recedes with an amendment The APPS implements the Annex V of the Berthing space at Norfolk Naval Shipyard, Vir- that would authorize the $10.0 million appro- International Convention for the Prevention ginia (sec. 313) priated in fiscal year 1998 appropriation for of Pollution on Ships (MARPOL). The Navy the Canadian reimbursement. has determined that compliance with the The House bill contained a provision (sec. special use area requirements of MARPOL 307) that would authorize the Navy to obli- Removal of underground storage tanks (sec. 323) Annex V would impair submarine operations gate $6.0 million for the relocation of the The House bill contained a provision (sec. and operational capability, or would not be U.S.S. Wisconsin from Norfolk Naval Ship- 322) that would enable the Department of De- technologically feasible. A comprehensive yard to another suitable location to increase fense (DOD) to use not more than $150,000 of Navy environmental analysis revealed that available berthing space at the shipyard. the funds available for environmental res- the discharge of non-plastic garbage from The Senate amendment contained no simi- toration of formerly used defense sites to Navy submarines would not have a signifi- lar provision. conduct removal of underground storage cant effect on the marine environment, ei- The Senate recedes. tanks at the Authorities Allied Industrial ther within or beyond the limits of MARPOL The conferees are aware of the facility ca- Park in Macon, Georgia. Annex V special use areas. pacity constraints at Norfolk Naval Ship- The Senate amendment contained no simi- The House bill contained no similar provi- yard where the Navy currently maintains lar provision. Senate recedes with an amendment that sion. some of its inactive reserve vessels. These The House recedes with a technical amend- constraints require the relocation of the would give the Secretary of Defense discre- tion to fund any tank removal at formerly ment. U.S.S. Wisconsin to a different location in The conferees direct the Navy to provide order to make space available for active ves- used defense sites. The conferees note that such exercise of discretion would be depend- adequate support and justification for future sels in need of repair and maintenance. Be- funding requests related to the compliance cause of the requirement for the Navy to ent upon a determination of DOD liability, consistent with current law. The conferees obligations associated with this new author- berth this deep draft vessel within the Nor- ity. folk vicinity so that it can be returned to direct the Secretary of Defense to determine the shipyard for reactivation, if necessary, whether it would be appropriate to use au- Arctic Military Environmental Cooperation pro- the Navy is exploring alternative berthing thorized funds for removal of former DOD gram (sec. 327) sites including some within the Elizabeth underground storage tanks, and then report The budget request included $5.5 million in River. The committee is aware that the rede- to the congressional defense committees the defense operations and maintenance to ployment of this vessel to a suitable location within 90 days of the enactment of this Act. address military environmental matters in in the Norfolk area may require some addi- Report regarding polychlorinated biphenyls the Arctic region under the Arctic Military tional dredging. Therefore, the conferees rec- under Department of Defense control over- Environmental Cooperation (AMEC) pro- ommend an increase of $6.0 million for the seas (sec. 324) gram, to include environmental restoration dredging and other costs associated with the The Senate amendment contained a provi- activities. redeployment of the U.S.S. Wisconsin within sion (sec. 321) that would amend Chapter 157 The Senate amendment contained a provi- the Norfolk region. of title 10, United States Code, by adding a sion (sec. 327) that would authorize the NATO common-funded military budget (sec. 314) new section to permit Department of Defense AMEC program, subject to the legislative agencies to transport to the United States prohibitions and limitations of the Coopera- The budget request for Army operations tive Threat Reduction (CTR) program, to in- and maintenance included $227.4 million for for disposal, treatment, or storage of foreign manufactured polychlorinated biphenyls clude section 1503 of the National Defense support of other nations, which includes sup- Authorization Act for Fiscal Year 1997 (Pub- port of North Atlantic Treaty Organization (PCBs) generated by the Department’s over- seas activities. The provision would ensure lic Law 105–85). The provision would author- (NATO) operations and NATO expansion. ize $4.0 million for AMEC, a decrease of $1.5 The Senate amendment contained a provi- that the PCB-containing material trans- ported to the United States is handled in an million, and would preclude the obligation or sion (sec. 314) that would authorize the budg- expenditure of fiscal year 1999 funds until 45 et request for Army operations and mainte- environmentally responsible manner. The House bill contained no similar provi- days after the Secretary of Defense submits nance for support of other nations. a plan that specifies the conformance of The House bill contained no similar provi- sion. The House recedes with an amendment AMEC projects to existing prohibitions and sion. that would require the Secretary of Defense limitations on the use of CTR funds. The House recedes. to submit a report to the Congress that ad- The House bill contained no similar provi- Subtitle C—Environmental Provisions dresses international and domestic issues re- sion. The House report (H. Rept. 105–532) Settlement of claims of foreign governments for lated to the transportation and disposition urged the Secretary of Defense to use up to environmental cleanup of overseas sites for- of foreign manufactured PCBs. $1.0 million to support the establishment of a Joint United States-Russia Nuclear Mate- merly used by the Department of Defense Modification of deadline for submittal to Con- rials Commission that would include legisla- (sec. 321) gress of annual reports on environmental tors, agency and ministry leaders, and envi- The Senate amendment contained a provi- activities (sec. 325) ronmental experts representing the inter- sion (sec. 326) that would require the Presi- The Senate amendment contained a provi- national environmental community. dent to provide notification to Congress of sion (sec. 322) that would amend section 2706 The House recedes with an amendment any negotiations related to the ex-gratia set- of title 10, United States Code, by substitut- that would require congressional notifica- tlement of environmental cleanup claims by ing the 45 day annual reporting deadline for tion prior to the obligation of AMEC funds, other countries. the current 30 day period. similar to the requirement that applies to The House bill contained no similar provi- The House bill contained no similar provi- the use of CTR funds, and would also pro- sion. sion. hibit the use of AMEC funds for environ- The House recedes. The House recedes. mental restoration. The conferees agree that The conferees are aware that the Depart- Authority to pay negotiated settlement for envi- AMEC should address important military en- ment of Defense has considered modification ronmental cleanup of formerly used defense vironmental issues related to U.S. national of the annual report on environmental res- sites in Canada (sec. 322) security interests in the Arctic. In order to toration activities. While the Department The House bill contained a provision (sec. ensure that AMEC has the requisite focus, has been directed to restructure the annual 321) that would authorize the Secretary of the conferees expect the Secretary of De- report on environmental compliance by in- Defense to pay the Government of Canada up fense to develop a comprehensive program cluding useful and comprehensible informa- to $100.0 million in annual payments over a plan, consistent with the legislative prohibi- tion, the conferees note that the environ- ten year period. tions and limitations of the CTR program. mental restoration report does not require The Senate amendment contained a provi- That plan must be in place before funds are such changes. The conferees expect that any sion (sec. 325) that would allow for the pay- obligated for AMEC. The conferees direct the modifications to the annual environmental ment of $100.0 million reimbursement to Can- Secretary of Defense to include in the plan a reports will be fully coordinated with the ada, subject to annual authorizations and ap- specific program termination date. propriations process. The Department would Committee on Armed Services of the Senate The Secretary of Defense recently notified be required to submit to Congress evidence and the Committee on National Security of the Congress of an intent to reobligate prior of proportionate Canadian investment in en- the House of Representatives. year CTR funds for AMEC to ‘‘. . . focus on vironmental cleanup in support of each an- Submarine solid waste control (sec. 326) threats to the environment. . . .’’ The con- nual authorization and appropriation re- The Senate amendment contained a provi- ferees are concerned about the vagueness of quest. The provision would make certain sion (sec. 323) that would amend the Act to this notice, the possible use of reobligated September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8383 funds for environmental restoration, and the gration efforts will be completed in suffi- The House recedes with an amendment potential conflict with existing law. The cient time to avoid system-wide problems. that would eliminate the findings. Congress prohibited the use of CTR funds for The Department’s reliance upon other public The conferees believe the report should in- the provision of assistance to promote envi- and private sector, including other nations, clude the adoption of a comprehensive con- ronmental restoration (National Defense Au- information technology systems adds to tingency plan for the entire national secu- thorization Act for Fiscal Year 1997 (Public these concerns. rity community, as well as individual con- Law 105–85)). The new AMEC authority and It is difficult to know how other nations tingency plans for the separate elements of existing CTR requirements would prohibit will react if their own information tech- the community, including the creation of the use of CTR or AMEC funds for environ- nology systems are crippled by Y2K defi- crisis action teams to respond to emer- mental restoration. ciencies and they are left without reliable gencies arising from the Y2K problem. Fur- Sense of Congress regarding oil spill prevention and complete information. In an age where thermore, the report should outline any co- training for personnel on board Navy vessels weapons of mass destruction with global operative agreements between the United (sec. 328) reach are controlled through elaborate infor- States and foreign countries to ensure that mation networks, it is of critical importance the Y2K problems with the strategic systems The Senate amendment contained a provi- that steps be taken to minimize any confu- sion (sec. 328) that would express a sense of of those countries do not pose a threat to the sion or misunderstandings before they de- United States. the Senate that the Secretary of the Navy velop into crisis situations. The conferees Subtitle E—Defense Infrastructure Support should ensure that personnel on board Navy commend the U.S. Strategic Command for Improvement vessels in Puget Sound, Washington, receive its foresight and efforts in strengthening oil spill prevention training. communications with other nations on Y2K, Clarification of definition of depot-level mainte- The House bill contained no similar provi- ensuring responsible management of Y2K nance and repair (sec. 341) sion. problems that may arise. The House bill contained a provision (sec. The House recedes with a technical amend- For these reasons the conferees included ment. 335) that would clarify section 2460 (a) of three provisions (secs. 333, 334, and 335) to ad- title 16, United States Code, to include the Subtitle D—Information Technology Issues dress the Department’s and the intelligence location at which depot level maintenance is Additional information technology responsibil- communities Y2K issues. As discussed fur- performed. ther in this title, these provisions cover such ities of chief information officers (sec. 331) The Senate amendment contained no simi- issues as Y2K contingency plans, relations The House bill contained a provision (sec. lar provision. with foreign nations, testing of systems, and 311) that would assign certain responsibil- The Senate recedes. adequate funding. ities to the chief information officers of the Reporting and analysis requirements before military services and the Department of De- Priority funding to ensure year 2000 compliance change of commercial and industrial type fense to ensure that information system of information technology and national se- functions to private sector performance (sec. budget requests are sufficient and that the curity systems (sec. 333) 342) systems themselves are interoperable. The House bill contained a provision (sec. The Senate amendment contained no simi- 314) that would transfer $1.0 billion from The House bill contained a provision (sec. lar provision. other information technology and national 331) that would amend and clarify certain re- The Senate recedes with an amendment security programs to assist in the Depart- quirements and notifications that the De- that would ensure that the Chief Informa- ment’s Y2K compliance efforts. The provi- partment of Defense must meet before it tion Officer of the Department of Defense sion would also require that 75 percent of could study a commercial or industrial type (DOD) is responsible for examining all infor- funds for information technology and na- function under section 2461 of title 10, United mation systems within the Department to tional security programs be used for these States Code. ensure that they are interoperable and are Y2K efforts. The Senate amendment contained a provi- not duplicative of other DOD systems. The Senate amendment contained no simi- sion (sec. 346) that would express the Sense lar provision. of the Senate that the Secretary of Defense Defense-wide electronic mall system for supply The Senate recedes with an amendment purchases (sec. 332) should take action to initiate public-private that would prohibit the expenditure of funds competitions pursuant to Office of Manage- The House bill contained a provision (sec. on the development or modernization of any ment and Budget Circular A–76 for functions 312) that would require the Defense Logistics information technology system unless that of the Department of Defense involving not Agency to develop a single, defense wide system is Y2K compliant, or is required to be fewer than 180,000 full time employees over electronic mall system that would be oper- performed by law. The amendment would the next six years. The provision would fur- ational by June 1, 1999. further protect funds for mission critical ther waive any study requirements for func- The Senate amendment contained no simi- systems from any unallocated reductions. tions involving 50 or fewer employees, and lar provision. Finally, the provision would require the De- would give the Department increased flexi- The Senate recedes with an amendment partment to develop contingency plans for bility to choose the public or private option that would require the Joint Electronic these systems in the event that they are not that provides the best overall value for the Commerce Program Office (JECPO) of the Y2K compliant, and provide the Congress taxpayer by expressly authorizing the use of Department of Defense to develop a single, with a report on the Department’s efforts to ‘‘best value’’ techniques for public-private defense-wide electronic mall system, which ensure its systems are compliant. competitions for support services. would provide a single, defense-wide elec- Evaluation of year 2000 compliance as part of The Senate recedes with an amendment tronic point of entry and a single view, ac- training exercises programs (sec. 334) that would not include the requirement con- cess, and ordering capability for all Depart- The House bill contained a provision (sec. tained in the original House provision for the ment of Defense electronic catalogs. The 315) that would require the Secretary of De- Secretary of Defense to notify the Congress provision would direct that the Defense Lo- fense to provide the congressional defense of his determination regarding the cost ef- gistics Agency would be responsible for committees with a report that would outline fectiveness of procuring services or supplies maintaining the system under the direction the Department’s plans for incorporating through the private sector, rather than a of the JECPO. Y2K tests as part of its joint exercises. working capital fund organization, before en- Year 2000 Compliance of Department of Defense The Senate amendment contained no simi- tering into such a contract. Any analysis Information Technology and National Secu- lar provision. performed to determine if supplies or serv- rity Systems The Senate recedes with an amendment ices should be procured from the private sec- The conferees are concerned with the De- that would require that Y2K tests be incor- tor rather than through a working capital partment of Defense’s (DOD) and the intel- porated in at least 25 exercises, and that fund organization, should, to the extent ligence community’s information technology each mission critical system expected to be practicable, include the impact on the rates and national security systems lack of used in any major theater war be tested in at of the working capital fund organization. progress in achieving year 2000 (Y2K) compli- least one of these exercises. Furthermore, although the provision would ance. While debate continues over which Continuity of essential operations at risk of fail- allow any employee to raise an objection on steps are necessary to prepare the national ure because of information technology and the grounds that the required report and cer- security community for 21st century threats, national security systems that are not year tifications were not performed, such an ob- the conferees agree that insufficient atten- 2000 compliant (sec. 335) jection would have to be raised within 90 tion has been given to preparing this com- The Senate amendment contained a provi- days of the date on which the employee ei- munity for the Y2K transition. sion (sec. 1026) that would require the Sec- ther knew, or should have known, that the Despite the fact that Y2K problems have retary of Defense and the Director of Central function was being studied for potential con- been known for years, the Department has Intelligence to provide a joint report outlin- version to the private sector. In addition, the not met its projected time lines for renovat- ing their planned course of action to ensure provision would waive the reporting require- ing all necessary systems. In particular, a continuity of essential operations in the ment of section 2461 of title 10, United States many mission critical systems are still in year 2000. Code, for functions with 51 or more employ- the renovation phase, with little assurance The House bill contained no similar provi- ees, rather than 21 or more employees as pro- from DOD that the required testing and inte- sion. vided in current law. H8384 CONGRESSIONAL RECORD — HOUSE September 22, 1998 Notification of determinations of military items The Senate recedes with a technical The House recedes with an amendment as being commercial items for purposes of amendment. that would require the Secretary of Defense the exception to requirements regarding core Conditions on expansion of functions performed to submit a plan to the Congress that would logistics capabilities (sec. 343) under prime vendor contracts for depot-level address the actions the Department is taking The House bill contained a provision (sec. maintenance and repair (sec. 346) to improve the management and oversight of 336) that would define a commercial item for The House bill contained a provision (sec. both secondary inventory, as well as major those situations in which the Department is 334) that would require the Secretary of De- end-items. determining if there is a requirement to es- fense or the secretary of a military depart- Review of Defense Automated Printing Service tablish a core depot maintenance capability. ment to provide a report to the Congress functions (sec. 350) This definition would require that before an each time the secretary intends to enter into The Senate amendment contained a provi- item can be considered a commercial item, a prime vendor contract for a hardware sys- sion (sec. 1085) that would require the Sec- and therefore not require a core depot main- tem, including one involving depot-level retary of Defense to select an entity outside tenance capability, at least 90 percent of the maintenance or logistics management func- of the Department of Defense to review the total content by component value remains tions. The report would address the competi- functions of the Defense Automated Printing identical to the commercial version. It tive procedures that are proposed to be used Service (DAPS). would further require that purchases and to award the prime vendor contract, the ef- The House bill contained no similar provi- leases to the general public, rather than the fect of the contract on the working capital sion. government, constitute the majority of funds, and the costs and benefits associated The House recedes with an amendment transactions of the item before it could be with the contract which demonstrate that it that would require an experienced private considered commercial. will result in savings to the Federal Govern- sector entity be consulted during the review The Senate had no similar provision. ment over the life of the contract. The provi- of DAPS functions. The Senate recedes with an amendment sion would prohibit the secretary concerned Development of plan for establishment of core that would require the Secretary of Defense from entering into such a contract until 60 logistic capabilities for maintenance and re- submit to the Congress a report that out- days after submission of the report. pair of C–17 aircraft (sec. 351) lines any determination regarding core depot The Senate amendment contained no simi- maintenance capability and a detailed jus- The House bill contained a provision (sec. lar provision. 337) that included findings regarding the tification for each item determined for the The Senate recedes with an amendment first time to be a commercial item for the need to perform depot-level maintenance of that would make the provision applicable to the C–17 aircraft in government depots, and purposes of section 2464 of title 10, United any prime vendor contract that the Depart- States Code. would require the Secretary of the Air Force ment of Defense proposes to enter into that to submit to the Congress a plan for the es- Oversight of development and implementation of involves the depot-level maintenance of a tablishment of the core logistics capabilities automated identification technology (sec. piece of military equipment or major weapon for the C–17 aircraft, consistent with the re- 344) systems. The Department would have to wait quirements of section 2464 of title 10, United The House bill contained a provision (sec. 30 days after submitting to the Congress a States Code. The provision would further 333) that would require the Smart Card Tech- report that outlines the competitive proce- prohibit the extension of the interim con- nology Office within the Defense Human Re- dures to be used as well as an examination of tract for the C–17 Flexible Sustainment Pro- sources Field Activity of the Department of the costs (including costs derived as a result gram until after the end of the 60 day period Defense (DOD) to be responsible for the over- of changes to the working capital fund orga- beginning on the date the plan is submitted sight and coordination of Automated Identi- nizations) and benefits that will result from to Congress. fication Technology programs within the the contract, before entering into the con- The Senate amendment had no similar pro- DOD. tract. vision. The Senate amendment contained a provi- Best commercial inventory practices for manage- The Senate recedes with an amendment sion (sec. 345) that would require the Navy to ment of secondary supply items (sec. 347) that would delete the findings. allocate up to $25.0 million for Smart Cards. The Senate amendment contained a provi- The conferees note that in January of 1999, The Senate amendment also required the sion (sec. 344) that would direct the secretary the C–17 will complete its fourth year of its Navy to equip at least one carrier battle of each military department to develop and operational capability. At that point, the group, one air wing, and one amphibious submit to the Congress a schedule for the Department of the Air Force must have the readiness group, in each of the Atlantic and implementation of the best inventory man- capability to maintain the non-commercial Pacific Fleets with Smart Card technology agement practices found in the commercial portions of this system in a public depot, by March 31, 1999, and prohibited the pro- sector that are consistent with military re- should the need arise. curement of the Joint Uniformed Services quirements. The provision would also require Subtitle F—Commissaries and Identification card for the Department of the the Comptroller General of the Department Nonappropriated Fund Instrumentalities Navy after March 31, 1999 unless these units of Defense to review the extent to which the Continuation of management and funding of were equipped with Smart Cards. The Senate service secretaries comply with this require- Defense Commissary Agency through the amendment also required the Secretary of ment, and the extent to which best commer- Office of the Secretary of Defense (sec. 361) the Navy to submit a plan to equip all oper- cial inventory practices are being imple- ational naval units with Smart Cards. The House bill contained a provision (sec. The Senate recedes with an amendment mented by the Defense Logistics Agency. 341) that would require that the Defense that would establish an Automated Identi- The House bill contained a similar provi- Commissary Agency (DECA) continue to be fication Technology Office within the De- sion. managed and funded through the Office of The House recedes with a technical amend- partment of Defense with the responsibility the Secretary of Defense. ment. for the development and coordination of The Senate amendment contained no simi- DOD automated information technology pro- Personnel reductions in Army Materiel Com- lar provision. grams including but not limited to Smart mand (sec. 348) The Senate recedes with an amendment Cards. The conferees further agree to delay The House bill contained a provision (sec. that would require the Secretary of Defense the date for equipping the Atlantic and Pa- 339) that would require the Comptroller Gen- to establish a Board of Directors to oversee cific naval units with Smart Cards to June eral of the United States to provide to the the operations of DECA. 30, 1999 and to require the Secretary of De- congressional defense committees a report Expansion of current eligibility of reserves for fense to submit a plan to the congressional outlining the readiness impact of proposed commissary benefits (sec. 362) defense committees for the use of Smart personnel reductions within the Army Mate- The House bill contained a provision (sec. Card technology by each military depart- riel Command and would delay the imple- 342) that would increase the number of days ment rather than requiring a plan only for mentation of these reductions until the re- that certain ready reserve members and re- the Navy. port is provided, or March 31, 1999. serve retirees under the age of 60 are eligible Contractor-operated civil engineering supply The Senate amendment contained a simi- to use commissary stores from 12 days each stores program (sec. 345) lar provision but did not delay the imple- calendar year to 24 days each calendar year, The House bill contained a provision (sec. mentation of these reductions. and would extend commissary eligibility to The House recedes. 338) that would prohibit the incorporation of members of the national guard who are acti- a civil engineering supply function into a Inventory management of in-transit items (sec. vated during federally-declared disasters. broader base operations function for the pur- 349) The Senate amendment contained no simi- pose of competition or contracting until the The Senate amendment contained a provi- lar provision. The Senate recedes. Secretary of Defense submits a report to the sion (sec. 349) that would require the Sec- Congress identifying the reasons for the in- retary of Defense to submit a plan to the Costs payable to the Department of Defense and corporation, including why the combined Congress on those actions the Secretary is other federal agencies for services provided competition or contract is the best method taking to ensure effective management and to the Defense Commissary Agency (sec. 363) by which to achieve savings. oversight of in-transit secondary inventory. The Senate amendment contained a provi- The Senate amendment contained no simi- The House bill contained no similar provi- sion (sec. 1049) that would prohibit the De- lar provision. sion. fense Commissary Agency from paying any September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8385 costs for services provided by a Department port to the Committee on Armed Services of Military Strategy. The information collected of Defense or other federal agency that ex- the Senate and the Committee on National by this system would be presented each ceeds the price at which the service could be Security of the House of Representatives month to the Chairman of the Joint Chiefs of procured in full and open competition. when DECA telecommunications have been Staff, and to the congressional defense com- The House bill contained no similar provi- initiated under the FTS 2000/2001 contract. mittees. This would replace the quarterly sion. The House bill contained no similar provi- readiness reports that are currently provided The House recedes with an amendment sion. by the Department of Defense to the Con- that would clarify that the prohibition only The House recedes with a clarifying gress. applies to overseas transportation services. amendment. The Senate amendment contained no simi- Collection of dishonored checks presented at Survey of commissary store patrons regarding lar provision. commissary stores (sec. 364) satisfaction with commissary store merchan- The Senate recedes with an amendment that would delay the implementation date of The Senate amendment contained a provi- dise (sec. 369) this provision, clarify that the Secretary of sion (sec. 1050) that would permit the Sec- The House bill contained a provision (sec. Defense is not required to submit the com- retary of Defense to impose a charge for the 348) that would require the Secretary of De- plete documentation of each joint monthly collection of dishonored checks presented at fense to survey eligible commissary store pa- readiness review to the Congress, and make a commissary store in a manner consistent trons to determine their interest in com- other technical changes. with the practices of commercial grocery missary stores selling beer and wine. The The conferees recognize that stable re- stores. provision would also authorize the Secretary quirements for measuring and reporting The House bill contained no similar provi- to conduct a demonstration project at seven readiness are essential in order for the De- sion. military installations in the United States, partment of Defense to develop an effective The House recedes. after consideration of the survey results. readiness reporting system that is capable of Restrictions on patron access to, and purchases The Senate amendment contained a provi- making valid comparisons over time. in, overseas commissaries and exchange sion (sec. 351) that would prohibit the Sec- The conferees urge the Secretary to retain stores (sec. 365) retary of Defense from conducting a survey in the new reports required by this section The House bill contained a provision (sec. of eligible commissary store patrons to de- those elements of the expanded Quarterly 344) that would authorize the Secretary of termine their interest in commissary stores Readiness Report to the Congress that are Defense to continue to restrict the sale of selling beer and wine and from conducting a believed to be effective in informing the Con- certain items in overseas exchanges and demonstration project in which beer and gress on the readiness of our armed forces. wine would be sold in commissaries. commissaries, but would require that the Specific emphasis of program to investigate Secretary ensure that such restrictions are The Senate recedes with an amendment that would require the Secretary of Defense fraud, waste, and abuse within Department consistent with the primary purpose of pro- of Defense (sec. 374) viding U.S. made goods to authorized pa- to conduct survey of eligible patrons of the The House bill contained a provision (sec. trons. commissary system to determine patron sat- 362) that would expand the formal waste, The Senate amendment contained no simi- isfaction with commissary store products. fraud, and abuse program within the Depart- lar provision. Subtitle G—Other Matters ment of Defense to include any overpayment The Senate recedes with a clarifying Eligibility requirements for attendance at De- to a vendor. amendment. partment of Defense domestic dependent ele- The Senate amendment contained no simi- Repeal of requirement for Air Force to sell to- mentary and secondary schools (sec. 371) lar provision. bacco products to enlisted personnel (sec. The House bill contained a provision (sec. The Senate recedes. 366) 361) that would permit dependents residing Condition for providing financial assistance for The House bill contained a provision (sec. in a territory, commonwealth, or possession support of additional duties assigned to the 343) that would repeal section 9623 of title 10, of the United States to participate in an edu- Army National Guard (sec. 375) United States Code. This section requires the cational program when the parent is a serv- The Senate amendment contained a provi- Air Force to sell not more than 16 ounces of ice member assigned to a remote or unac- sion (sec. 347) that would require the Sec- tobacco a month to any enlisted member companied location. The provision would retary of the Army to conduct a competition who requests it. also clarify the authority of the Secretary of with the private sector prior to expanding The Senate amendment contained no simi- Defense to make exceptions for enrollment the amount of support which the Army Na- lar provision. in dependent schools for dependents of civil- tional Guard performs pursuant to section The Senate recedes. ian employees in Puerto Rico and Guam, 113(b) of title 32, United States Code, if that Prohibition on consolidation or other organiza- where such employees reside off the installa- tion, and would provide that the Department support is not yet performed by the Guard, tional changes of Department of Defense re- or that support is not currently under offi- tail system (sec. 367) be reimbursed for the cost of such education. The Senate amendment contained a simi- cial consideration by the Secretary of the The House bill contained a provision (sec. lar provision (sec. 1055). Army for award to the National Guard. 346) that would prohibit the Department of The Senate recedes with an amendment The House bill contained no similar provi- Defense from consolidating military ex- that would preserve the portion of the Sen- sion. change and commissary operations, and from The House recedes with an amendment ate provision with regard to permitting de- conducting further study of consolidation, that would also allow qualified public sector pendents of United States Customs Service unless specifically authorized by law. sources, including depots, to participate in agents in Puerto Rico to attend Department The Senate amendment contained no simi- any competition for activities that the Na- of Defense schools during the term of the lar provision. tional Guard is seeking to perform under sec- agent’s assignment in Puerto Rico. The Senate recedes with an amendment tion 113(b). Assistance to local educational agencies that that would eliminate the prohibition against Demonstration program to improve quality of benefit dependents of members of the Armed conducting further studies. personal property shipments of members Forces and Department of Defense civilian The conferees note that the Department of (sec. 376) Defense recently contracted for a due dili- employees (sec. 372) The House bill contained a series of provi- gence study regarding exchange integration. The House bill contained a provision (sec. sions (secs. 381–387) that would require the The conferees intend for that study to con- 364) that would authorize $35.0 million for Department of Defense to replace its exist- tinue, but expect that implementation of educational assistance to local education ing pilot program to re-engineer the move- any study recommendations would await agencies where the standard for the mini- ment of household goods with a program congressional approval. The conferees do not mum level of education within the state known as the Commercial-Like Activities intend that the prohibition against consoli- could not be maintained because of the large for Superior Quality Demonstration (CLASS) dation or merger of retail systems be an im- number of military-connected students or Program, that would make certain modifica- pediment to implementing agreements and the effects of base realignments and closures. tions to the existing regulations governing operations among the exchange systems that The Senate amendment contained no simi- the movement of these goods. are determined to be mutually beneficial and lar provision. The Senate amendment contained no simi- increase efficiency of the exchange systems. The Senate recedes. lar provision. Defense Commissary Agency telecommunications Department of Defense readiness reporting sys- The Senate recedes with an amendment (sec. 368) tem (sec. 373) that would require the Secretary of Defense The Senate amendment contained a provi- The House bill contained a provision (sec. to implement and complete within one year sion (sec. 1051) that would require the Sec- 367) that would require the Secretary of De- the current pilot program designed in con- retary of Defense to provide the Defense fense to establish a comprehensive reporting sultation with industry representatives. The Commissary Agency (DECA) authority to ob- system to measure the capability of the Secretary would also be required to submit tain telecommunications and related serv- armed forces to carry out their responsibil- to the Congress a report, not later than Au- ices under the Federal Telecommunications ities under the National Security Strategy, gust 31, 1999, outlining the extent to which System (FTS) 2000/2001 contract, and to re- defense planning guidance, and the National the current program meets its goals and to H8386 CONGRESSIONAL RECORD — HOUSE September 22, 1998 report the extent to which the industry al- change Service Command (NEXCOM) shall Requirements Report, requiring it to be ternative program would meet these goals. not be required to reimburse the United transmitted to the Congress not later than 30 Pilot program for acceptance and use of landing States for appropriated funds allotted to days after the budget for the next fiscal year fees charged for use of domestic military air- NEXCOM during fiscal years 1994, 1995, and is submitted to Congress. fields by civil aircraft (sec. 377) 1996 for costs incurred in connection with the The Senate amendment contained a provi- The Senate amendment contained a provi- relocation of NEXCOM headquarters to Vir- sion (sec. 521) that would change the date the sion (sec. 313) that would authorize the sec- ginia Beach, Virginia, and for the lease of Secretary of Defense must submit the An- retary of the military department to accept headquarters space. nual Manpower Requirements Report from payments for the use of domestic military The Senate amendment contained no simi- February 15 of each year to a date not later and shared use airfields by civil aircraft and lar provision. than 45 days after the President submits the The House recedes. to use those payments for the operation and budget to the Congress. maintenance of the airfield. Fees for providing historical information to the The House recedes with a clarifying The House bill contained no similar provi- public amendment. sion. The Senate amendment contained a provi- Additional exemption from percentage limitation The House recedes with an amendment sion (sec. 1056) that would allow the histori- on number of lieutenant generals and vice that would require that the Secretary of the cal institutes of the military services to pro- admirals (sec. 404) Department of Defense establish uniform vide historical information to members of The Senate amendment contained a provi- procedures for the collection and obligation the public for a fee that is equivalent to the sion (sec. 402(a)) that would increase from six of any receipts generated as a result of such cost of researching and transmitting the in- to seven the number of lieutenant generals fees. formation. and vice admirals serving on the Joint Staff Strategic plan for expansion of distance learn- The House bill contained no similar provi- who are exempt from the limit of lieutenant ing initiatives (sec. 378) sion. generals and vice admirals on active duty. The House bill contained a provision (sec. The Senate recedes. The House bill contained no similar 365) that would require the Secretary of De- TITLE IV—MILITARY PERSONNEL amendment. fense to develop a plan to establish a frame- AUTHORIZATIONS The House recedes. work for developing and applying distance LEGISLATIVE PROVISIONS ADOPTED Extension of authority for Chairman of the learning technologies to training courses Subtitle A—Active Forces Joint Chiefs of Staff to designate up to 12 where it makes sense and is cost effective. End strengths for active forces (sec. 401) general and flag officer positions to be ex- The Senate amendment contained a provi- cluded from general and flag officer grade The House bill contained a provision (sec. sion (sec. 1029) that would require the Sec- limitations (sec. 405) retary of Defense to develop and provide to 401) that would authorize the following end The House bill contained a provision (sec. the Congress a five-year plan for guiding and strengths for active duty personnel of the 404) that would extend to October 1, 2001, expanding distance learning initiatives in armed forces as of September 30, 1999: from October 1, 1998, the authority for the the Department of Defense. The House recedes. Fiscal year— Chairman of the Joint Chiefs of Staff to ex- clude up to 12 general and flag officer posi- Public availability of operating agreements be- 1998 au- 1999 re- 1999 rec- tions from existing grade limitations. tween military installations and financial ommenda- thorization quest tion The Senate amendment contained a provi- institutions (sec. 379) sion (sec. 402(b)) that would extend until Oc- The House bill contained a provision (sec. Army ...... 495,000 480,000 484,800 Navy ...... 390,802 372,696 376,423 tober 1, 2002, the temporary authority to ex- 366) that would subject operating agreements Marine Corps ...... 174,000 172,200 173,922 clude up to 12 joint duty officers from the that provide financial services, including Air Force ...... 371,577 370,882 371,577 limitation on authorized general and flag of- electronic banking, on military installations Total ...... 1,431,379 1,395,778 1,406,722 ficer strength. in the United States, to the same require- The House recedes. ments of the Freedom of Information Act The Senate amendment contained a provi- Exception for Chief, National Guard Bureau, (FOIA) as all other federal contracts. sion (sec. 401) that would authorize active The Senate amendment contained no simi- from limitation on number of officers above duty end strengths for fiscal year 1999, as lar provision. major general (sec. 406) The Senate recedes. shown below: The conference report includes a provision that would exempt the position of Chief of LEGISLATIVE PROVISIONS NOT ADOPTED Fiscal year— the National Guard Bureau from the limita- Funding for information technology and na- 1999 rec- tion on the number of officers above major tional security programs 1998 au- 1999 re- ommenda- general serving on active duty in that offi- thorization quest tion The House bill contained a provision (sec. cer’s armed force. 313) that would require the expenditure of Army ...... 495,000 480,000 480,000 Limitation on daily average of personnel on ac- certain funds for information technology Navy ...... 390,802 372,696 372,696 tive duty in grades E-8 and E-9 (sec. 407) programs of the military services. Marine Corps ...... 174,000 172,200 172,200 The Senate amendment contained no simi- Air Force ...... 371,577 370,882 370,882 The Senate amendment contained a provi- lar provision. Total ...... 1,431,379 1,395,778 1,395,778 sion (sec. 403) that would change the method The House recedes. for computing the time limitation on active Requirement to maintain government owned The House recedes. duty enlisted personnel serving in the grades and operated core logistics capability Revision in permanent end strength levels (sec. of E-8 and E-9 to a fiscal year basis from a calendar year basis. The recommended provi- The House bill contained a provision (sec. 402) sion would also correct a technical error in 332) that would amend section 2464 of title 10, The House bill contained a provision (sec. the existing statute. United States Code, by requiring that core 402) that would amend section 691 of title 10, The House bill contained no similar provi- depot maintenance workloads be performed United States Code, by establishing new end sion. by public depots acting as prime contractors strength floors for the active forces at the The House recedes with an amendment rather than subcontractors. levels recommended in section 401. This sec- that would make the provision effective Oc- The Senate amendment contained no simi- tion would also permit active end strengths tober 1, 1999. lar provision. to vary up to one percent below the estab- The House recedes. lished floor. Subtitle B—Reserve Forces Extension of demonstration project for uniform The Senate amendment contained a provi- End strengths for selected reserve (sec. 411) funding of morale, welfare, and recreation sion (sec. 404) that would repeal section 691 The House bill contained a provision (sec. activities of title 10, United States Code, which estab- 411) that would authorize the following end The House bill contained a provision (sec. lished end strength floors for the military strengths for the selected reserve personnel, 345) that would extend for one year the au- services. including the end strength for reserves on thority of the Secretary of Defense to con- The Senate recedes with an amendment active duty in support of the reserves, as of duct a demonstration project for the uniform that would establish end strength floors at September 30, 1999: funding of morale, welfare, and recreation the levels in the budget request and would activities at certain military installations. permit active end strengths to vary up to 0.5 Fiscal year— percent flexibility below the established The Senate amendment contained no simi- 1998 rec- floor. 1998 au- 1998 re- lar provision. thorization quest ommenda- The House recedes. Date for submission of annual manpower re- tion Authorized use of appropriated funds for reloca- quirements report (sec. 403) The Army National Guard of the tion of Navy Exchange Service Command The House bill contained a provision (sec. United States ...... 361,516 357,000 357,000 The Army Reserve ...... 208,000 208,000 209,000 The House bill contained a provision (sec. 403) that would establish a new suspense date The Naval Reserve ...... 94,294 90,843 90,843 347) that would provide that the Navy Ex- for the submission of an Annual Manpower The Marine Corps Reserve ...... 42,000 40,018 40,018 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8387

Fiscal year— Fiscal year— ber of officers and senior enlisted personnel on active duty in certain grades in the re- 1998 rec- 1998 au- 1999 rec- serve components of the Army and the Air 1998 au- 1998 re- ommenda- thoriza- 1999 re- ommen- thorization quest tion tion quest dation Force in support of the reserves. The rec- ommended provision would increase the au- The Air National Guard of the The Army National Guard of the United thorized number of Army reserve component United States ...... 108,002 106,991 106,991 States ...... 22,310 21,763 21,763 The Air Force Reserve ...... 73,447 74,242 74,242 The Army Reserve ...... 11,500 11,804 11,804 colonels from 412 to 438 and enlisted mem- The Coast Guard Reserve ...... 8,000 8,000 8,000 The Naval Reserve ...... 16,136 15,590 15,590 bers in the grade of E–9 from 603 to 623. The The Marine Corps Reserve ...... 2,559 2,362 2,362 provision would increase the authorized Total ...... 895,259 885,094 886,094 The Air National Guard of the United States ...... 10,671 10,930 10,930 number of Air Force reserve component ma- The increases in selected reserve end The Air Force Reserve ...... 867 991 991 jors from 643 to 791; lieutenant colonels from strength shown above include the additions 672 to 713; colonels from 274 to 297; enlisted The Senate recedes with an amendment to the end strength for reserves on active members in the grade of E–8 from 890 to 997; that would authorize the following end duty in support of the reserves described in and enlisted members in the grade of E–9 strengths for reserves on active duty in sup- section 412 of the House bill. from 366 to 395. The Senate amendment contained a provi- port of the reserves, as of September 30, 1999: The House recedes with a clarifying amendment. sion (sec. 411) that would authorize Selected Fiscal year— Reserve end strengths for fiscal year 1999 as Consolidation of strength authorizations for ac- shown below: 1998 au- 1999 rec- tive status Naval Reserve flag officers of the thoriza- 1999 re- ommen- tion quest dation Navy Medical Department staff corps (sec. Fiscal year— 415) 1998 rec- The Army National Guard of the United The Senate amendment contained a provi- 1998 au- 1998 re- ommenda- States ...... 22,310 21,763 21,986 thorization quest tion The Army Reserve ...... 11,500 11,804 12,807 sion (sec. 416) that would consolidate flag of- The Naval Reserve ...... 16,136 15,590 15,590 ficer authorizations for the Navy Reserve The Marine Corps Reserve ...... 2,559 2,362 2,362 The Army National Guard of the The Air National Guard of the United Medical Department Staff Corps, identify United States ...... 361,516 357,000 357,000 States ...... 10,616 10,930 10,931 the components of the Medical Department The Army Reserve ...... 208,000 208,000 208,000 The Air Force Reserve ...... 748 991 992 The Naval Reserve ...... 94,294 90,843 90,843 Staff Corps, and allocate one rear admiral The Marine Corps Reserve ...... 42,000 40,018 40,018 Total ...... 62,869 63,440 64,668 (lower half) authorization to each component The Air National Guard of the United States ...... 108,002 106,991 106,991 of the Medical Department Staff Corps. The Air Force Reserve ...... 73,447 74,242 74,242 The amendment would increase the end The House bill contained no similar provi- The Coast Guard Reserve ...... 8,000 8,000 8,000 strengths for reserves on active duty in sup- sion Total ...... 895,259 885,094 885,094 port of the reserves to include the authoriza- The House recedes. tion to use the reserves for emergencies in- SUBTITLE C—AUTHORIZATION OF The House recedes with an amendment volving weapons of mass destruction. APPROPRIATIONS that would authorize the following end End strengths for military technicians (dual sta- Authorization of appropriations for military strengths for the selected reserve personnel, tus) (sec. 413) personnel (sec. 421) including the end strength for reserves on The House bill contained a provision (sec. The House bill contained a provision (sec. active duty in support of the reserves, as of 413) that would authorize the following end 421) that would authorize $70.7 billion to be September 30, 1999: strengths for military technicians (dual sta- appropriated for military personnel accounts tus) as of September 30, 1999: Fiscal year— in fiscal year 1999. Fiscal year— The Senate amendment contained similar 1998 au- 1999 re- 1999 rec- provisions (sec. 421) that would authorize thoriza- quest ommen- tion dation 1998 au- 1999 re- 1999 rec- $70.4 billion to be appropriated for military thoriza- quest ommen- personnel for fiscal year 1999. The Army National Guard of the United tion dation States ...... 361,516 357,000 357,223 The House recedes with an amendment The Army Reserve ...... 208,000 208,000 208,003 The Army National Guard of the United that would authorize $70.6 billion for mili- The Naval Reserve ...... 94,294 90,843 90,843 States ...... 23,125 22,179 23,125 tary personnel for fiscal year 1999. The Marine Corps Reserve ...... 42,000 40,018 40,018 The Army Reserve ...... 5,503 5,205 5,395 The Air National Guard of the United The Air National Guard of the United The conferees provide the following States ...... 108,002 106,991 106,992 States ...... 22,853 22,408 22,408 itemization of the increases and decreases The Air Force Reserve ...... 73,447 74,242 74,243 The Air Force Reserve ...... 9,802 9,761 9,761 from the President’s budget request related The Coast Guard Reserve ...... 8,000 8,000 8,000 Total ...... 61,007 59,553 60,689 to military personnel accounts and person- Total ...... 895,259 885,094 885,322 nel-related Operation and Maintenance ac- The Senate amendment contained a provi- counts. The amendment would increase the end sion (sec. 413) that would authorize military strengths for Selected Reserve personnel to technician end strengths for fiscal year 1999, Fiscal Year 1999 Military Personnel Budget include the authorization to use reserves for as shown below: Items emergencies involving weapons of mass de- [In millions of dollars] struction. Fiscal year— Increases End strengths for reserves on active duty in sup- 3.6 percent basic pay increase ...... 186.0 1998 au- 1999 re- 1999 rec- port of the reserves (sec. 412) thoriza- ommen- Active Army End Strength ...... 25.0 tion quest dation The House bill contained a provision (sec. USNR Contributory Support to 412) that would authorize the following end The Army National Guard of the United CINCs (ADT) ...... 5.0 strengths for reserves on active duty in sup- States ...... 23,125 22,179 22,179 USNR Active Duty Special Work ... 5.0 The Army Reserve ...... 5,503 5,205 5,205 port of the reserves, as of September 30, 1999: The Air National Guard of the United USMCR Increased Use ...... 3.4 States ...... 22,853 22,408 22,408 Increase USAR AGRs ...... 15.0 Fiscal year— The Air Force Reserve ...... 9,802 9,761 9,761 Army National Guard Schools & 1998 au- 1999 rec- Special Training...... 20.0 1999 re- The Senate recedes. Army Enlistment Bonus ...... 10.0 thoriza- quest ommen- tion dation Increase in number of members in certain grades Navy Enlistment Bonus ...... 9.4 authorized to serve on active duty in sup- Navy College Fund ...... 13.9 The Army National Guard of the United States ...... 22,310 21,763 21,763 port of the reserves (sec. 414) USMC Enlistment Bonus ...... 3.0 The Army Reserve ...... 11,500 11,804 12,804 The House bill contained a provision (sec. USMC College Fund ...... 5.9 The Naval Reserve ...... 16,136 15,590 15,590 The Marine Corps Reserve ...... 2,559 2,362 2,362 414) that would authorize increases in the Total adds ...... 301.6 The Air National Guard of the United grades of reserve members authorized to Reductions: States ...... 10,616 10,930 10,930 serve on active duty or on full-time national Obligations for Advanced Pay ...... 301.0 The Air Force Reserve ...... 748 991 991 guard duty for the administration of the re- Army ...... 161.0 Total ...... 62,869 63,440 64,440 serves or the national guard. The provision Navy ...... 69.0 would authorize 133 additional majors, 22 ad- Air Force ...... 53.0 The provision would increase by 1,000 the ditional enlisted personnel in the grade of E– USMC ...... 18.0 number of Active Guard and Reserve author- 9, and 89 additional enlisted personnel in the FY 99 End Strength Underexecu- izations for the United States Army Reserve grade of E–8 in the Air Force. The provision tion ...... 151.8 above the budget request. would also authorize 26 additional colonels Army ...... 3.0 The Senate amendment contained a provi- and 20 additional enlisted personnel in the Navy ...... 11.8 sion (sec. 412) that would authorize full-time grade of E–9 in the Army. USMC ...... 9.3 support end strengths for fiscal year 1999, as The Senate amendment contained a provi- USAF ...... 83.3 shown below: sion (sec. 415) that would increase the num- Army Guard ...... 28.0 H8388 CONGRESSIONAL RECORD — HOUSE September 22, 1998 Fiscal Year 1999 Military Personnel Budget The Senate amendment contained no simi- by which the Navy allocates Naval Reserve Items—Continued lar provision. Officer Training Corps (NROTC) scholarships Army Reserve ...... 5.4 The Senate recedes with a clarifying within a state. The House bill contained no similar provi- Navy Reserve ...... 5.0 amendment. sion. Marine Corps Reserve ...... N/A Involuntary separation pay denied for officer The House recedes with an amendment Air Guard ...... N/A discharged for failure of selection for pro- that would urge the Secretary of the Navy to Air Force Reserve ...... 6.0 motion requested by the officer (sec. 502) review the method by which the Navy allo- Foreign Currency Fluctuation ...... 29.6 The House bill contained a provision (sec. cates NROTC scholarships. Army ...... 5.3 502) that would clarify that the Congress in- Subtitle B—Reserve Component Matters Navy ...... 12.0 tended that written communications from USMC ...... 4.2 officers to promotion boards authorized in Use of reserves for emergencies involving weap- Air Force ...... 8.1 section 614 of title 10, United States Code, be ons of mass destruction (sec. 511) Unemployment Compensation: limited to matters that enhance the officer’s The Senate amendment contained a provi- Air Force ...... 4.0 case for promotion. sion (sec. 515) that would authorize the The Senate amendment contained a provi- President to call-up reserve forces in re- Total Reductions ...... 486.4 sion (sec. 503) that would modify the condi- sponse to domestic emergencies involving a The conferees are concerned about the in- tions under which separation pay is paid. use, or threatened use, of a weapon of mass creasing challenges to all services in attract- Under the provision, officers who submit a destruction. In addition, the provision would ing quality personnel. The conferees are es- request to a promotion board not to be se- permit reserve full-time support personnel to pecially concerned about the Navy’s pro- lected for promotion and are subsequently perform duties in support of emergency pre- paredness programs to prepare for, or to re- jected inability to realize their established not selected for promotion would not be eli- spond to, an emergency involving the use of recruiting goals during fiscal year 1998. In gible for separation pay if the reason for addition, the conferees are concerned that a weapon of mass destruction. their separation is failure to be promoted to The House bill contained no similar provi- Navy recruiting may be underfunded for fis- the next higher grade. The provision would sion. cal year 1999. The conferees have increased require the report of a selection board that The House recedes with an amendment the recruiting accounts to assist services’ re- received communications from an officer that would limit the number of reserves who cruiting efforts. The conferees urge the Navy who requested not to be selected to include may serve on active duty in support of the to commit additional resources to the re- that officer’s name. defense against the domestic use of weapons cruiting function so as to avoid a recurrence The House recedes with a clarifying of mass destruction, and would require the of the projected recruiting failures. The con- amendment. Secretary of Defense to certify that members ferees adjusted the personnel related Oper- Streamlined selective retention process for regu- of a rapid assessment element team have ation and Maintenance accounts, as follows: lar officers (sec. 503) been trained and that the teams possess the Fiscal Year 1999 MILPERS-related Operation & The House bill contained a provision (sec. requisite equipment to meet all mission re- Maintance Accounts 503) that would eliminate the requirement to quirements. [In millions of dollars] convene boards of review for regular officers Service required for retirement of National Guard officer in higher grade (sec. 512) Increases: who have been recommended for administra- Navy Recruiting Advertising ...... $17.5 tive separation by boards of inquiry and The Senate amendment contained a provi- USMC Recruiting Advertising ...... 12.0 would eliminate the 30-day board of inquiry sion (sec. 511) that would extend the period Air National Guard Recruiting Ad- notification process. for which a National Guard officer could re- vertising ...... 3.0 The Senate amendment contained a provi- ceive credit towards the time-in-grade re- USAFR Recruiting Advertising ...... 3.0 sion (sec. 501) that would eliminate the re- quired for retirement. The House bill contained no similar provi- Navy Recruiter Support ...... 3.3 quirement to convene boards of review for of- sion. National Guard Youth Challenge ficers who have been recommended for ad- The House recedes. Program ...... 21.5 ministrative separation by a board of in- STARBASE ...... 5.0 quiry. Reduced time-in-grade requirement for reserve USMCR Increased Use ...... 1.2 The House recedes. general and flag officers involuntarily USMCR Active Duty Special Work 2.1 Permanent applicability of limitations on years transferred from active status (sec. 513) Army National Guard Military of active naval service of Navy limited duty The Senate amendment contained a provi- Technicians ...... 27.0 officers in grades of commander and captain sion (sec. 512) that would authorize the sec- Total MILPERS-related O&M In- (sec. 504) retary of a military department to retire, at the grade held on active reserve status, a re- creases ...... 95.6 The Senate amendment contained a provi- serve component general or flag officer who Reductions: sion (sec. 502) that would make permanent is involuntarily transferred from active re- Innovative Readiness Training ...... 10.0 the temporary mandatory retirement points Total MILPERS-related O&M Re- serve status. for Navy Limited Duty Officers. The rec- ductions ...... 10.0 The House bill contained no similar provi- ommended change would not affect Marine LEGISLATIVE PROVISIONS NOT ADOPTED sion. Corps Limited Duty Officers of the same The House recedes. Exclusion of additional reserve component gen- grades. Active status service requirement for promotion eral and flag officers from limitation on The House bill contained no similar provi- consideration for Army and Air Force Re- number of general and flag officers who sion. serve component brigadier generals (sec. 514) may serve on active duty The House recedes. The House bill contained a provision (sec. The Senate amendment contained a provi- Tenure of Chief of the Air Force Nurse Corps 512) that would require the Secretary of the sion (sec. 414) that would permit a number of (sec. 505) Army and the Secretary of the Air Force to reserve component general and flag officers The House bill contained a provision (sec. consider reserve brigadier generals serving ordered to active duty for more than 179 days 505) that would clarify that the Secretary of in an inactive status for promotion if the of- to be excluded from the limitation on the the Air Force determines the length of the ficers had been in an inactive status for less number of general and flag officers on active tour served by the Chief of the Air Force than one year as of the date of the convening duty. The number of reserve component gen- Nurse Corps. of the promotion board, and continuously eral and flag officers ordered to active duty The Senate amendment contained a provi- served for at least one year on the reserve under this authority would not exceed three sion (sec. 504) that would extend the term of active status list or the active duty list im- percent of the total number of authorized ac- office for the chief of the Air Force Nurse mediately before transfer to inactive status. tive duty general and flag officers. Corps from three years to four years. The Senate amendment contained a provi- The House bill contained no similar provi- The Senate recedes. sion (sec. 513) that would authorize the Sec- sion. Grade of Air Force Assistant Surgeon General retary of the Army or the Secretary of the The Senate recedes. for Dental Services (sec. 506) Air Force to waive the eligibility require- TITLE V—MILITARY PERSONNEL POLICY The conference report includes a provision ments to permit a reserve component briga- LEGISLATIVE PROVISIONS ADOPTED that would require the Assistant Surgeon dier general of the Army or Air Force who is on the reserve inactive status list to be con- Subtitle A—Officer Personnel Policy General for Dental Services of the Air Force sidered for promotion to major general. To to be an officer in the grade of brigadier gen- Codification of eligibility of retired officers and be eligible for the waiver, the reserve briga- eral. former officers for consideration by special dier general must have served at least one selection boards (sec. 501) Review regarding allocation of Naval Reserve year on the reserve active status list or ac- The House bill contained a provision (sec. Officers’ Training Corps scholarships among tive duty list immediately preceding trans- 501) that would clarify that a retired or participating colleges and universities (sec. fer to the inactive status list, and the trans- former officer may be considered for pro- 507) fer to the inactive status list occurred with- motion by a special selection board without The Senate amendment contained a provi- in the twelve-month period preceding the being returned to active duty. sion (sec. 505) that would modify the method date the promotion board convenes. September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8389 The Senate recedes. ing facilities. It would provide each of the tion Act for Fiscal Year 1998 (Public Law Composition of selective early retirement boards service secretaries the authority to waive 105–85) of the National Defense Authorization for rear admirals of the Naval Reserve and the separate barracks requirement initially Act for Fiscal Year 1998 to report on sexual major generals of the Marine Corps Reserve at specific installations due to a lack of ade- misconduct at the basic training centers of (sec. 515) quate facilities at the installation. However, each of the military departments. Specifi- it would require that no such waiver be in ef- cally, the report shall include a statistical The House bill contained a provision (sec. fect after October 1, 2001. This section also summary, by type, of all incidents of sexual 511) that would authorize the Secretary of would require that if a waiver is granted at misconduct, including sexual harassment the Navy to convene selective early retire- a particular installation, the secretary of a and fraternization, involving trainees, cadre ment boards for rear admirals in the Navy military department shall require that male members or trainees and cadre members that Reserve and major generals in the Marine and female recruits be housed on separate occurred in the basic training centers of each Corps Reserve without complying with the floors in military barracks or troop housing service. The data provided in the report for requirement specified in section 14102 of title facilities at that installation. During the in- each service should be expressed using a 10, United States Code, that one half of the terim period, housing recruits on separate common standard of measurement and selection board members be reserve officers floors is defined to include billeting male should include a summary of the disciplinary and that all the board members hold higher and female recruits separately and securely and administrative actions taken in response permanent grades than the officers being either on separate floors, in separate bays, or to the misconduct. Consistent with the re- considered by the board. on same floors with a fire-safe wall separat- quirement for the sexual harassment report, The Senate amendment contained a provi- ing the recruits. Further, the separate the report on sexual misconduct in basic sion (sec. 514) that would change the mini- billeting spaces should include independent training shall be submitted to the Congress mum grade requirement for officers partici- sleeping areas, latrines and separate, lock- no later than April 1, 1999, and shall include pating as members of a board convened to able entrances. To facilitate the Army’s abil- data on all cases of sexual misconduct that consider rear admirals in the Naval Reserve ity to make barracks modifications needed occurred during the preceding year. or major generals in the Marine Corps Re- for housing by separate floors, the commit- The Commission on Military Training and serve for early retirement, and would require tee recommends an increase of $8.0 million in Gender-Related Issues, established in the Na- any active duty officer participating in a se- that department’s operations and mainte- tional Defense Authorization Act for Fiscal lective early retirement board considering nance account. Year 1998, is expected to report to the Con- Naval Reserve rear admirals or Marine Corps The Senate amendment contained no simi- gress in April 1999, on its review of the basic Reserve major generals be one grade higher lar provision. training programs of each of the military than the officers being considered, and would The Senate recedes with an amendment services. The House conferees intend to fully require that at least one member of the that would require the secretaries of the review all matters pertaining to basic train- board be a reserve officer in the same grade military departments to provide separate, ing once the findings and recommendations as the officers being considered. safe, and secure housing for male and female of the Commission are received and antici- The House recedes with a clarifying recruits with the sleeping areas separated by pate the likelihood of legislation next year amendment. permanent walls and access limited to sepa- on issues addressed in the Commission’s re- Authority for temporary waiver for certain rate entrances by April 15, 1999. Should an view, including the issue of gender-separate Army Reserve officers of baccalaureate de- installation not be able to meet this require- basic training. gree requirement for promotion of reserve of- ment, males and females would be required Extension of reporting dates for Commission on ficers (sec. 516) to be housed in separate facilities. The Military Training and Gender-Related The House bill contained a provision (sec. amendment would require that all future Issues (sec. 524) 513) that would authorize an exception to the construction of barracks at basic training The House bill contained a provision (sec. requirement for reserve officers in the Army sites accommodate separate, safe, and secure 523) that would amend section 562 of the Na- commissioned through the Army Officer housing for both male female recruits. The tional Defense Authorization Act for Fiscal Candidate School to possess a baccalaureate amendment would also require the General Year 1998 (Public Law 105–85) to extend the degree before promotion to the grade of cap- Accounting Office to report on the costs as- reporting dates required of the Commission tain. The exception would expire on October sociated, by service, with providing separate on Military Training and Gender-Related 1, 2000. buildings for male and female recruits. Issues. This provision would extend the date The Senate amendment contained no simi- After-hours privacy for recruits during basic of the initial report to October 15, 1998, and lar provisions. training (sec. 522) the final report to March 15, 1999. The Senate recedes with an amendment The House bill contained a provision (sec. The Senate amendment contained a simi- that would authorize the Secretary of the 522) that would amend title 10, United States lar provision (sec. 526). The Senate recedes. Army to waive, on a case-by-case basis, for Code, to require each of the secretaries of two years, the requirement for reserve offi- the military departments to restrict after- Improved oversight of innovative readiness cers in the Army commissioned through the hours access to recruit housing areas to training (sec. 525) Army Officer Candidate School to possess a same-sex training personnel. The provision The House bill contained a provision (sec. baccalaureate degree before being promotion would allow an exception to this policy in 524) that would require the Department of to the grade of captain. The authority for case of an emergency or circumstance re- Defense to implement the General Account- the Secretary of the Army to grant a waiver quiring immediate action. ing Office recommendations to improve pro- would expire on September 30, 2000. The Senate amendment contained no simi- gram compliance with section 2012 of title 10, The conferees expect that the Secretary of lar provision. United States Code, which governs the Inno- the Army will only grant waivers to those The Senate recedes with an amendment vative Readiness Training program, and individuals who demonstrate progress to- that would restrict after-hours access to re- would require the Department to establish ward achieving the goal of earning a bacca- cruit housing areas to drill sergeants and better cost accounting methods. laureate degree. other training personnel who are of the same The Senate amendment contained no simi- Furnishing of burial flags for deceased members gender as the recruits housed in that area or lar provision. The Senate recedes. and former members of the Selected Reserve to members of the chain of command as long (sec. 517) as they are accompanied by a member, who Subtitle D—Decorations, Awards, and is not a recruit, but is of the same gender, as Commendations The Senate amendment contained a provi- the recruits housed in that area. sion (sec. 1082) that would direct the Sec- Study of new decorations for injury or death in The conferees note that these restrictions retary of Veterans Affairs to provide a U.S. line of duty (sec. 531) are intended to cover the period after ‘‘lights flag to drape the casket of deceased members The House bill contained a provision (sec. out’’ at night until ‘‘lights on’’ in the morn- or former members of the Selected Reserve. 531) that would require the Secretary of De- ing. The House bill contained no similar provi- fense, in cooperation with the secretaries of sion. Sense of the House of Representatives relating the military departments and the Secretary The House recedes with a clarifying to small unit assignments by gender during of Transportation with regard to the Coast amendment. recruit basic training (sec. 523) Guard, to determine the appropriate name, policy, award criteria, and design for two Subtitle C—Military Education and Training The conference report contains a provision that would express the sense of the House of new decorations, that recognize the service Separate housing for male and female recruits Representatives that the secretaries of the of members of the armed forces who are during recruit basic training (sec. 521) military departments should require males killed or wounded under non-combat condi- The House bill contained a provision (sec. and females to be assigned to separate units tions and U.S. civilians who are killed or 521) that would amend title 10, United States at the platoon, division, or flight level dur- wounded while serving in an official capacity Code, to require each of the military depart- ing recruit basic training. with a U.S. armed forces. This provision ments to assign male and female recruits to The conferees direct the Secretary of De- would also require the Secretary to submit a same-gender units at the platoon, flight, and fense to include a separate section in the re- legislative proposal to establish the two division levels, and to house male and female port on sexual harassment required by sec- decorations and a recommendation concern- recruits in separate barracks or troop hous- tion 591 of the National Defense Authoriza- ing the need for the new decorations to the H8390 CONGRESSIONAL RECORD — HOUSE September 22, 1998 Committee on Armed Services of the Senate nificant heroism, sacrifices and service that purposes of payment of claims arising from and the National Security Committee of the the South Vietnamese commandos made dur- correction of a military record and would re- House of Representatives, not later than ing the Vietnam conflict. The House report quire the Secretary of Defense to report to July 31, 1999. (H. Rept. 105–532) notes that section 657 of the Congress not later than March 31, 1998, The Senate amendment contained no simi- the National Defense Authorization Act for on the effect of the six-year bar to retro- lar provision. Fiscal Year 1997 (Public Law 104–201) author- active payments when relief is granted by a The Senate recedes with an amendment ized compensation for Vietnamese comman- Board for the Correction of Military Records. that would require the Secretary of Defense dos incarcerated for 20 years or more. Subtitle F—Reports to study the need for such awards, the cri- The Senate amendment contained a simi- Report on personnel retention (sec. 551) teria that may be used to determine eligi- lar provision (sec. 1068). bility for such awards, and to report the re- The Senate recedes. The House bill contained a provision (sec. sults of the study to the Senate Armed Serv- Prohibition on members of armed forces entering 1033) that would require the Secretary of De- ices of the Senate and the National Security correctional facilities to present decorations fense to submit, within 90 days of enactment, Committee of the House of Representatives, to persons who have committed serious vio- a report to the Congress that contains infor- not later than July 31, 1999. lent felonies (sec. 537) mation on the retention of active duty serv- The Senate amendment contained a provi- ice members of each military service during Waiver of time limitations for award of certain each fiscal year from 1989 through 1998. decorations to certain persons (sec. 532) sion (sec. 531) that would prohibit the mili- tary services from presenting a military The Senate amendment contained no simi- The House bill contained a provision (sec. award or decoration in a prison or confine- lar provision. 532 ) that would waive the statutory time ment facility. The Senate recedes. limitations for the award of military decora- The House bill contained no similar provi- Report on process for selection of members for tions to individuals who have been rec- sion. service on courts-martial (sec. 552) ommended for award of the decorations by The House recedes with a clarifying The House bill contained a provision (sec. the secretaries of the military departments. amendment. 561) that would require the Secretary of De- The Senate amendment contained a simi- The conferees note that the provision does fense to submit to the Congress, by April 15, lar provision (sec. 530). not preclude the military services from 1999, a report on the method of selection of The House recedes with an amendment awarding a military award or decoration to that would include awards approved by the members of the armed forces to serve on an eligible current or former service member courts-martial, including the development of secretaries of the military departments since who may be confined. However, the award May 12, 1998. a plan by the military services for random may not be presented to the individual in a selection of members. Commendation and commemoration of the Navy prison or confinement facility. The Senate amendment contained no simi- and Marine Corps personnel who served in SUBTITLE E—ADMINISTRATION OF AGENCIES lar provision. the United States Navy Asiatic Fleet from RESPONSIBLE FOR REVIEW AND CORRECTION The Senate recedes with an amendment. 1910–1942 (sec. 533) OF MILITARY RECORDS Report on prisoners transferred from United The House bill contained a provision (sec. Personnel freeze (sec. 541) States Disciplinary Barracks, Fort Leaven- 533) that would commend those personnel The House bill contained a provision (sec. worth, Kansas, to Federal Bureau of Pris- who served in the Asiatic Fleet of the United 541) that would preserve the current level of ons (sec. 553) States Navy between 1910 and 1942. performance of the Army Review Board The House bill contained a provision (sec. The Senate amendment contained a simi- Agency, the Air Force Review Boards Agen- 560) that would require the Secretary of De- lar provision (sec. 1060). cy, and the Board for Correction of Naval fense to evaluate and report to Congress on The House recedes with a clarifying Records by requiring a report to the Con- the rationale for, and effectiveness of, the amendment. gress 90 days before the number of employees policy of transferring prisoners from the The conferees note that March 1, 1999, is assigned to those organizations is reduced United States Disciplinary Barracks, Fort the 57th anniversary of the sinking of the below the number assigned, as of October 1, Leavenworth, Kansas, to the Federal Bureau Asiatic Fleet’s flagship, the U.S.S. Houston, 1997. of Prisons, and would require the Secretary by Japanese Imperial Forces. The conferees The Senate amendment contained no simi- of the Army to monitor the parole and re- believe that March 1, 1999, may be the most lar provision. cidivism rates of the military prisoners appropriate day for the President to des- The Senate recedes. transferred to the Federal Bureau of Prisons. ignate as the United States Navy Asiatic Professional staff (sec. 542) The Senate amendment contained no simi- Fleet Memorial Day. The House bill contained a provision (sec. lar provision. Appreciation for service during World War I 542) that would amend chapter 79 of title 10, The Senate recedes. United States Code, to require each Board and World War II by members of the Navy Review and report regarding the distribution of for the Correction of Military Records to em- assigned on board merchant ships as the National Guard full-time support among the ploy an attorney and a physician to serve as Naval Armed Guard Service (sec. 534) states (sec. 554) advisors to the staff on legal and medical The House bill contained a provision (sec. The Senate amendment contained a provi- 534) that would express the appreciation of matters being considered by the board. The Senate amendment contained no simi- sion (sec. 1035) that would require the Chief the Congress and the American people for lar provision. of the National Guard Bureau to review the the service of members of the Navy assigned The Senate recedes. process used to allocate and distribute re- as gun crews aboard merchant ships as part sources, including all categories of full-time of the Naval Armed Guard Service during Ex parte communications (sec. 543) The House bill contained a provision (sec. manning, among the states for the National World War I and World War II. Guard and to report not later than March 15, The Senate amendment contained no simi- 543) that would amend chapter 79 of title 10, United States Code, to require each Board 1999 to the congressional defense commit- lar provision. tees. The Senate recedes. for the Correction of Military Records to provide applicants with copies of commu- The House bill contained no similar provi- Sense of Congress regarding the heroism, sac- nications that directly apply to or have a sion. rifice, and service of the military forces of material effect on the applicants’ cases. The House recedes with an amendment South Vietnam and other nations, and in- The Senate amendment contained no simi- that would focus the review on the process digenous groups in connection with the lar provision. used to allocate and distribute all categories United States Armed Forces during the Viet- The Senate recedes. of National Guard full-time support among nam conflict (sec. 535) Timeliness standards (sec. 544) the states, would require the Chief of the Na- tional Guard Bureau to submit the report to The House bill contained a provision (sec. The House bill contained a provision (sec. the Secretary of Defense, and would require 535) that would recognize and honor the sig- 544) that would require each Board for the the Secretary of Defense to forward the re- nificant heroism, sacrifices, and service that Correction of Military Records to improve port, along with his evaluation of the report, the armed forces of South Vietnam and other the timeliness of board actions over a ten- to the Committee on Armed Services of the allies made while fighting together with U.S. year period, beginning in fiscal year 2001 and Senate and the National Security Commit- Military Forces during the Vietnam conflict. culminating with a requirement to complete tee of the House of Representatives. The Senate amendment contained no simi- action on 90 percent of the cases within ten lar provision. months of receipt during fiscal year 2011 and Subtitle G—Other Matters The Senate recedes. beyond. Two-year extension of certain force drawdown Sense of Congress the regarding the heroism, The Senate amendment contained no simi- transition authorities relating to personnel sacrifice, and service of former South Viet- lar provision. management and benefits (sec. 561) namese commandos in connection with the The Senate recedes with a clarifying The House bill contained a provision (sec. United States Armed Forces during the Viet- amendment. 551) that would extend through fiscal year nam conflict (sec. 536) Scope of correction of military records (sec. 545) 2000 certain temporary authorities which The House bill contained a provision (sec. The conference agreement includes a pro- provide the tools the armed services need to 536) that would recognize and honor the sig- vision that would define military records for manage personnel reductions and shape the September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8391 force following the completion of the draw- amount authorized for military service Col- The conferees intend that the requirement down of military forces. lege Fund programs, not to exceed $50,000, an to provide a three- person burial detail upon The Senate amendment contained a provi- increase of $10,000. request of a veteran to be effective only if sion (sec. 522) that would extend until Sep- The Senate recedes with an amendment the Secretary of Defense and the Secretary tember 30, 2003, the force reduction transi- that would remove the specified effective of Veterans Affairs do not recommend an ac- tion period management and benefits au- date. ceptable alternative proposal in the required thorities established during the drawdown of Central Identification Laboratory, Hawaii (sec. report. If a recommended alternative in- the military services. 566) cludes permitting members of veterans serv- The House recedes with an amendment The House bill contained a provision (sec. ice organizations to perform burial honor de- that would extend the temporary authorities 557) that would require the Secretary of De- tails, the Secretary of Defense may consider until September 30, 2001. fense to establish joint manning require- providing equipment and materiel, as appro- Leave without pay for suspended academy ca- ments for the Central Identification Labora- priate, to support burial honor detail duties. dets and midshipmen (sec. 562) tory, Hawaii (CILHI), and to staff CILHI at The conferees agree that men and women The House bill contained a provision (sec. 100 percent of its manpower requirements. have unselfishly answered the call to arms at 552) that would authorize the appropriate The Senate amendment contained no simi- tremendous personal sacrifice. These men secretary, upon the recommendation of the lar provision. and women who served honorably, whether Superintendent of the United States Mili- The Senate recedes. in war or peace, deserve commemoration for tary Academy, the United States Naval The conferees do not intend that this pro- their military service at the time of their Academy, the United States Air Force Acad- vision be interpreted to direct that billets at death by an appropriate tribute. Burial hon- emy, or the United States Coast Guard Acad- the Central Identification Laboratory, Ha- ors are an important means of reminding emy, to order a cadet or midshipman to be waii, be designated as joint billets on the Americans of the sacrifices endured to keep placed on involuntary leave without pay joint duty assignment list. The Secretary of the Nation free. Defense may, however, designate billets at under certain circumstances. Status in the Naval Reserve of cadets at the the Central Identification Laboratory, Ha- The Senate amendment contained a provi- Merchant Marine Academy (sec. 568) sion (sec. 604) that would authorize the su- waii, as joint duty on the joint duty assign- ment list if he determines that the billets The House bill contained a provision (sec. perintendents of the military academies and 563) that would require the Secretary of De- the Coast Guard Academy to order a cadet or meet the existing criteria for such designa- tion. fense, in coordination with the Secretary of midshipman to be placed on involuntary Transportation, to ensure that citizens of Military funeral honors for veterans (sec. 567) leave without pay if the cadet or mid- the United States appointed as cadets at the shipman is pending separation from the The House bill contained a provision (sec. United States Merchant Marine Academy are academy for misconduct, conduct deficiency, 558) that would require the secretaries of the members of the Naval Reserve. The provision or honor violation while the separation is military departments to provide, upon re- would also require the Secretary of Defense quest, honor guard details for the funerals of pending final approval. to issue such cadets military identification The House recedes with an amendment veterans. The provision would specify that cards. that would authorize the appropriate service the honor guard details be comprised of not The Senate amendment contained no simi- secretary to order a cadet or midshipman to less than three persons with the capability lar provision. be placed on involuntary leave without pay to play a recording of Taps, unless a bugler The Senate recedes with a clarifying if the cadet or midshipman is pending sepa- is included in the detail. The honor guard de- amendment. ration from the academy for misconduct, tail would consist of members of the armed The conferees direct the Secretary of the conduct deficiency, or honor violation while forces, members of veterans organizations, Navy to determine the specific status cadets the separation is pending final approval. or other organizations approved for partici- at the United States Merchant Marine Acad- Continued eligibility under Voluntary Separa- pation by the Secretary of Defense. The pro- emy shall have within the Naval Reserve. tion Incentive program for members who in- vision would require the Secretary of De- The Secretary shall ensure that the benefits voluntarily lose membership in a reserve fense to establish a system for selection of associated with the military identification units of the armed forces or other organiza- component (sec. 563) card issued to cadets at the United States tions to provide honor guard details. Before The House bill contained a provision (sec. Merchant Marine Academy are consistent issuing regulations to establish the system, 554) that would authorize Voluntary Separa- with their status within the Naval Reserve. the Secretary of Defense would consult with tion Incentive (VSI) recipients to continue Repeal of restriction on civilian employment of to receive VSI payments after separation veterans service organizations to determine the views of those organization regarding enlisted members (sec. 569) from the reserves when the separation was methods for providing honor guard details at The Senate amendment contained a provi- due to age, years of service, failure to be se- funerals for veterans, suggestions for orga- sion (sec. 525) that would repeal section 974 lected for promotion, or medical disquali- nizing the system to provide those details, of title 10, United States Code, which re- fication, provided the ineligibility does not and estimates of the resources that those or- stricts enlisted personnel from engaging in a result from a deliberate action to avoid serv- ganizations could provide for honor guard de- civilian pursuit or business if the pursuit or ice. business interferes with the employment of The Senate amendment contained a provi- tails. This provision would apply to burials local civilians in their art, trade, or profes- sion (sec. 523) that would permit members of veterans that occur on, or after, October 1, 1999. sion. who separated under the VSI program and The Senate amendment contained a provi- The House bill contained no similar provi- lost their membership in a reserve compo- sion (sec. 1079) that would require, not later sion. nent, as a result of certain conditions, to than October 31, 1998, the Secretary of De- The House recedes. continue to receive the benefit payments. fense, in consultation with the Secretary of The House recedes with a clarifying Transitional compensation for abused depend- Veterans Affairs, to convene a conference to amendment. ent children not residing with the spouse or determine means of improving and increas- Reinstatement of definition of financial institu- former spouse of a member convicted of de- ing the availability of military burial honors pendent abuse (sec. 570) tion in authorities for reimbursement of de- for veterans. fense personnel for Government errors in di- The Senate recedes with an amendment The Senate amendment contained a provi- rect deposit of pay (sec. 564) that would combine the two provisions in sion (sec. 528) that would authorize transi- The House bill contained a provision (sec. such a manner as to require the Secretary of tional compensation to eligible dependent 555) that would amend sections 1053 and 1594 Defense, in consultation with the Secretary children who do not reside with a spouse or of title 10, United States Code, to specify of Veterans Affairs, to convene a conference, former spouse who is also eligible for transi- that the term ‘‘financial institution’’ means not later than December 31, 1998, to deter- tional compensation payments. The rec- a bank, savings and loan association or simi- mine means of improving and increasing the ommended provision would ensure that de- lar institution, or credit union chartered by availability of military burial honors for pendent children who are victims of abuse the United States or a State. veterans, and to report the findings and rec- are not denied compensation because of fam- The Senate amendment contained a simi- ommendations resulting from the conference ily circumstances that may cause the de- lar provision (sec. 1047). to the Committee on Armed Services of the pendent children not to reside with the The Senate recedes with a clarifying Senate and the National Security Commit- spouse or former spouse. amendment. tee of the House of Representatives not later The House bill contained no similar provi- Increase in maximum amount for College Fund than March 15, 1999. The provision would also sion. program (sec. 565) require the secretaries of the military de- The House recedes with a clarifying amendment. The House bill contained a provision (sec. partments to provide, upon request, honor 556) that would increase the maximum Col- guard details for the funerals of veterans Pilot program for treating GED and home school lege Fund payment to $50,000, effective Octo- comprised of not less than three persons diploma recipients as high school graduates ber 1, 1999, for service members enlisting with the capability to play a recording of for determinations of eligibility for enlist- after that date. Taps, unless a bugler is included in the de- ment in the armed forces (sec. 571) The Senate amendment contained a provi- tail, for the funerals of veterans, after De- The Senate amendment contained a provi- sion (sec. 618) that would increase the cember 31, 1999. sion (sec. 529) that would establish a five- H8392 CONGRESSIONAL RECORD — HOUSE September 22, 1998 year pilot program to permit participants in should, in the same manner as commanding United States Code, and increase, effective a National Guard Youth Challenge Program officers and others in authority in the armed January 1, 1999, the rates of basic pay for who receive a general education development forces, show in themselves a good example of members of the uniformed services by 3.6 (GED) certificate and those who complete virtue, honor, and patriotism, and to subor- percent or the percent increase determined their high school requirements through a dinate themselves to those ideals. under subsection (c) of section 1009 of title home schooling program to enlist in the For many years, commanding officers, and 37, United States Code, should the President armed forces, as if they had received a high others in authority, in the Navy have been approve a pay increase for federal workers, school diploma. The recommended provision required by law to conduct themselves in an whichever is higher. would limit the pilot program to not more exemplary manner. The National Defense The Senate amendment contained a provi- than 10,000 persons per year (1,250 per edu- Authorization Act for Fiscal Year 1998 ex- sion (sec. 601) that would waive section 1009 cational source per military service). The tended such a requirement for exemplary of title 37, United States Code, and increase provision would require the Secretary of De- conduct to commanding officers, and others the rates of basic pay for members of the fense to conduct a comprehensive evaluation in authority, in the Army and Air Force. uniformed services by 3.6 percent, effective of the performance of the participants in the This provision results from the House con- January 1, 1999. pilot program and report the results to the ferees’ belief that a similar standard for ex- The Senate recedes. Congress not later than February 1, 2004. emplary conduct should also extend to the Rate of pay for cadets and midshipmen at the The House bill contained no similar provi- civilian leaders designated by title 10, United service academies (sec. 602) sion. States Code, as being in the military chain The Senate amendment contained a provi- The House recedes with an amendment of command. sion (sec. 602) that would increase the rate of that would reduce the number of partici- LEGISLATIVE PROVISIONS NOT ADOPTED pay for cadets and midshipmen at the service pants to 5,000 per year (1,250 per military Posthumous commissions and warrants academies from $558.04 per month to $600.00 service) and require a separate evaluation of The House bill contained a provision (sec. per month, effective January 1, 1999. the performance of GED and home school 504) that would authorize the President to The House bill contained no similar provi- participants. promote an officer posthumously when the sion. Sense of Congress concerning New Parent Sup- secretary of a military department approves The House recedes. port Program and military families (sec. 572) the results of the appropriate board after the Basic allowance for housing outside the United The House bill contained a provision (sec. date of death of the officer, so long as the of- States (sec. 603) 1051) that would express the sense of Con- ficer is selected for promotion by a pro- gress that the New Parent Support Program motion board before the date of death. The House bill contained a provision (sec. has been an effective tool in curbing family The Senate amendment contained no simi- 602) that would authorize the payment of ad- violence within the military community and lar provision. vance deposits and rent for housing in over- that the Department of Defense should seek The House recedes. seas areas when required by local conditions. ways to ensure that, in future fiscal years, Study of revising the term of service of members The provision would also protect the member sufficient funds are made available for this of the United States Court of Appeals for from losses due to fluctuations in the value program. The recommended provision would the Armed Forces of foreign currency and would allow the gov- ernment to recoup the full amount of ad- also require that, within 120 days of the date The House bill contained a provision (sec. vances, to include any gain resulting from of enactment of this Act, the Secretary of 562) that would require the Secretary of De- currency fluctuations. Defense to submit a report to the Congress fense to submit to Congress a report on the The Senate amendment contained no simi- describing the manner in which the New Par- desirability of revising the term of appoint- lar provision ent Support Program is being implemented ment for judges of the United States Court of The Senate recedes. by each service, the number of military in- Appeals for the Armed Forces so that the stallations receiving support for the pro- term would be for 15 years or until the judge Basic allowance for subsistence for reserves (sec. gram, and the funding for the program by attained age 65, whichever is later. 604) the date of each military service for fiscal The Senate amendment contained no simi- The House bill contained a provision (sec. years 1994 through 1998 and the amount of lar provision. 603) that would clarify the entitlement of re- funding projected for fiscal year 1999. The House recedes. servists to rations in kind or payment for The Senate amendment contained no simi- Repeal of limitations on authority to set rates meals purchased when rations in kind are lar provision. and waive requirement for reimbursement of not available. The Senate recedes with an amendment expenses incurred for instruction at service The Senate amendment contained no simi- that would require the report to address academies of persons from foreign countries lar provision. funding during fiscal years 1994 through 1999, The Senate amendment contained a provi- The Senate recedes. and the funding projected for fiscal year 2000. sion (sec. 524) that would repeal the limita- Subtitle B—Bonuses and Special Incentive Advancement of Benjamin O. Davis, Junior, to tions on the authority of the secretary of a Pays military department to waive the require- grade of General on the retired list of the Three-month extension of certain bonuses and ment for reimbursement of expenses for for- Air Force (sec. 573) special pay authorities for reserve forces eign students at the military service acad- The Senate amendment contained a provi- (sec. 611) sion (sec. 532) that would authorize the emies. The House bill contained no similar provi- The House bill contained a provision (sec. President to advance Benjamin O. Davis, 611) that would extend the authority for the Junior, to the grade of General on the re- sion. The Senate recedes. special pay for health care professionals who tired list of the Air Force. The provision Moratorium on changes of gender-related poli- serve in the Selected Reserve in critically would specifically provide that no additional short wartime specialties, the Selected Re- benefits accrue to General Davis or his heirs cies and practices pending completion of the work of the Commission on Military Train- serve reenlistment bonus, the Selected Re- as a result of this advancement. serve enlistment bonus, special pay for en- The House bill contained no similar provi- ing and Gender-Related Issues listed members of the Selected Reserve as- sion. The Senate amendment contained a provi- signed to certain high priority units, the Se- The House recedes with a clarifying sion (sec. 527) that would prohibit the Sec- lected Reserve affiliation bonus, the Ready amendment. retary of Defense from implementing any policy changes with regard to separation or Reserve enlistment and reenlistment bonus, Sense of the House of Representatives concern- and the prior service enlistment bonus until ing adherence by civilians in military chain integration of members of the armed forces on the basis of gender, which are within the September 30, 2000. The provision would also of command to the standard of exemplary extend the authority for repayment of edu- conduct required of commanding officers responsibility of the Commission on Military Training and Gender-Related Issues, until cational loans for certain health profes- and others in authority in the Armed Forces sionals who serve in the Selected Reserve (sec. 574) the commission has completed its work and issued its report. The final report is due on until October 1, 2000. The House bill contained a provision (sec. March 15, 1999. The Senate amendment contained a provi- 559) that would extend the requirement for The House bill contained no similar provi- sion (sec. 611) that would extend the author- exemplary conduct on commanding officers sion. ity to pay special pay critically short war- and others to the President, as Commander- The Senate recedes. time health specialists in the Selected Re- in-Chief, and the Secretary of Defense, both TITLE VI—COMPENSATION AND OTHER serve, the Selected Reserve reenlistment bo- of whom exercise authority in the military PERSONNEL BENEFITS nuses, the Selected Reserve enlistment bo- chain of command. nuses, the special pay for enlisted members LEGISLATIVE PROVISIONS ADOPTED The Senate amendment contained no simi- assigned to certain high priority units in the lar provision. Subtitle A—Pay and Allowances Selected Reserve, the Selected Reserve affili- The conference agreement includes a pro- Increase in basic pay for fiscal year 1999 (sec. ation bonus, the Ready Reserve enlistment vision that would express the sense of the 601) and reenlistment bonus, the repayment of House of Representatives that civilian mem- The House bill contained a provision (sec. loans for certain health professionals who bers of the military chain of command 601) that would waive section 1009 of title 37, serve in the Selected Reserve, and the prior September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8393 service enlistment bonus until December 31, retaries may continue paying diving pay to The Senate amendment contained no simi- 1999. members not assigned to diving duties when lar provision. The House recedes. the members are required to maintain diving The Senate recedes. The conferees understand the value of bo- proficiency. Retention incentives initiative for critically nuses and special pay as a tool for recruiting The Senate amendment contained a simi- short military occupational specialites (sec. and retaining skilled, qualified personnel. lar provision (sec. 620b). 622) The conferees intend that these bonuses will The House recedes. The Senate amendment contained a provi- be reauthorized on an annual basis. The conferees believe that members should sion (sec. 620(c)) that would require the Sec- Three-month extension of certain bonuses and be required to maintain proficiency as a retary of Defense to establish a series of new special pay authorities for nurse officer can- diver only when they are subject to no notice incentives, in addition to the current incen- didates, registered nurses, and nurse anes- return to diving duty on a temporary or per- tives, to encourage service members in criti- thetists (sec. 612) manent basis. cally short specialities to reenlist. The House bill contained a provision (sec. Hardship duty pay (sec. 617) The House bill contained no similar provi- 612) that would extend the authority for the The House bill contained a provision (sec. sion. nurse officer candidate accession program, 620) that would change the criteria eligiblity The House recedes. the accession bonus for registered nurses, to receive hardship duty pay from a location Subtitle C—Travel and Transportation and the incentive special pay for nurse anes- to a specific duty without regard to location. Allowances thetists until September 30, 2000. The Senate amendment contained a simi- Payments for movements of household goods ar- The Senate amendment contained a provi- lar provision (sec. 620). ranged by members (sec. 631) sion (sec. 612) that would extend the author- The House recedes with a clarifying The Senate amendment contained a provi- ity to pay certain bonuses and special pay amendment. sion (sec. 603) that would authorize the De- for nurse officer candidates, registered Selective reenlistment bonus eligibility for Re- partments of Defense, Health, and Transpor- nurses, and nurse anesthetists until Decem- serve members performing active Guard and tation to provide members of the uniformed ber 31, 1999. Reserve duty (sec. 618) services with a reimbursement or monetary The House recedes. The House bill contained a provision (sec. allowance in advance for the cost of trans- The conferees understand the value of bo- 616) that would authorize payment of selec- portation for that member’s baggage and nuses and special pay as a tool for recruiting tive reenlistment bonuses to members of the household effects. The monetary allowance and retaining skilled, qualified personnel. reserve components who are on extended ac- may be paid only if payment of the allow- The conferees intend that these bonuses will tive duty in the Active Guard and Reserve ance results in an overall cost savings to the be authorized on an annual basis. (AGR) program. government. This will enhance the ability of Three-month extension of authorities relating to The Senate amendment contained a provi- members of the uniformed services to ar- payment of other bonuses and special pays sion (sec. 614) that would authorize the sec- range for the movement of their household (sec. 613) retary concerned to offer a reenlistment goods themselves, rather than relying upon The House bill contained a provision (sec. bonus to reserve component members who the current system, whereby the employing 613) that would extend the authority for the are on extended active duty in support of the agencies arrange for the movement of these aviation officer retention bonus, reenlist- reserves. The provision would require reserve goods for the members. ment bonus for active members, enlistment component members on active duty in sup- The House bill contained no similar provi- bonuses for members with critical skills, port of the reserves to meet the same cri- sion. special pay for nuclear qualified officers who teria as regular component enlisted person- The House recedes with an amendment extend the period of active service, and the nel to be eligible for a reenlistment bonus. that would insert the words ’’new sentence’’ nuclear career accession bonus to September The House recedes with a clarifying in (a)(1)(B). The amendment would further 30, 2000. The provision would also extend the amendment. replace the word ‘‘a’’ with the word ‘‘the’’ in the same paragraph. Finally, the amendment authority for the nuclear career annual in- Repeal of ten percent limitation on certain selec- would make technical changes to standing centive bonus until October 1, 2000. tive reenlistment bonuses (sec. 619) The Senate amendment contained a provi- law reflecting the fact that paragraphs have The House bill contained a provision (sec. sion (sec. 613) that would extend the author- been redesignated because of the elimination 617) that would remove the 10 percent limita- ity to pay the aviation officer retention of subsection (j). tion on the number of selective reenlistment bonus, the reenlistment bonus for active Exception to maximum weight allowance for bonuses in excess of $20,000 that may be paid. members, the enlistment bonuses for critical baggage and household effects (sec. 632) The Senate amendment contained a provi- skills, the special pay for nuclear qualified sion (sec. 615) that would repeal the restric- The House bill contained a provision (sec. officers who extend the period of active serv- tion limiting the number of selective reen- 631) that would authorize the service sec- ice, the nuclear career accession bonus, and listment bonuses which exceed $20,000 paid retaries to exceed the maximum weight al- the nuclear career annual incentive bonus during any fiscal year. lowance for shipment of household goods to until December 31, 1999. The Senate recedes with a clarifying a new permanent duty station to accommo- The House recedes. amendment. date shipment of consumable goods that can- The conferees understand the value of bo- not be reasonably obtained at the new loca- Increase in maximum amount authorized for nuses and special pay as a tool for recruiting tion. and retaining skilled, qualified personnel. Army enlistment bonus (sec. 620) The conferees intend that these bonuses will The House bill contained a provision (sec. The Senate amendment contained no simi- be reauthorized on an annual basis. 618) that would increase the maximum bonus lar provision. Increased hazardous duty pay for aerial flight for enlistment in the Army from $4,000 to The Senate recedes. crewmembers in certain pay grades (sec. 614) $6,000. The conferees intend that this apply only The Senate amendment contained a provi- The Senate amendment contained a provi- to shipments to a new permanent duty sta- sion (sec. 616) that would increase the maxi- sion (sec. 620a) that would increase the haz- tion where consumable goods are not reason- mum amount authorized to be offered to a ardous duty pay for enlisted aerial flight ably available. The conferees do not intend qualifying high school graduate who enlists crewmembers. the increased weight allowance to be used for in the Army for at least three years in des- The House bill contained no similar provi- shipments from a permanent duty station in ignated skills from $4,000 to $6,000. sion. which consumable goods were not reasonably The House recedes with a clarifying The House recedes with a clarifying available. amendment. amendment. Travel and transportation allowances for travel Equitable treatment of Reserves eligible for spe- Aviation career incentive pay and aviation offi- performed by members in connection with cial pay for duty subject to hostile fire or cer retention bonus (sec. 615) rest and recuperative leave from overseas imminent danger (sec. 621) stations (sec. 633) The House bill contained a provision (sec. The House bill contained a provision (sec. The House bill contained a provision (sec. 614) that would make clarifying amendments 619) that would authorize reserve members to 632) that would clarify that the service sec- to sections 301a and 301b of title 37, United receive the amount of imminent danger pay retaries may provide the transportation au- States Code, to facilitate the payment of authorized for a full month regardless of the thorized the rest and recuperation travel Aviation Career Incentive Pay and Aviation number of qualifying days served by the using either government or commercial car- Continuation Pay to warrant officers. member during the month. The provision riers. This provision would enhance the cost The Senate amendment contained no simi- would make the imminent danger pay pay- efficiency of the rest and recuperation pro- lar provision. ment policy for reservists consistent with gram being provided to personnel assigned to The Senate recedes. the policy for active duty members. Accord- Operation Joint Guard in the Republic of Diving duty special pay for divers having diving ingly, the House bill provided for an increase Bosnia and Herzegovina. duty as a nonprimary duty (sec. 616) of $3.0 million over the amount included in The Senate amendment contained a provi- The House bill contained a provision (sec. the budget request for reserve imminent dan- sion (sec. 621) that would authorize the sec- 615) that would clarify that the service sec- ger pay. retary concerned to pay for commercial H8394 CONGRESSIONAL RECORD — HOUSE September 22, 1998 transportation, not to exceed the cost of gov- of Survivor Benefit Plan coverage for a The Senate recedes with a clarifying ernment provided transportation, for leave former spouse as the first day of the first amendment. travel of members assigned to overseas loca- month following the date of the court order Accounting of advance payments (sec. 652) tions in contingency operations or at over- directing the coverage. The House bill contained a provision (sec. seas locations where unusual conditions The Senate amendment contained a simi- 652) that would clarify the authority of the exist. The provision would permit members lar provision (sec. 632). secretary concerned to disburse advance pay- to receive one round trip during any period The House recedes with a clarifying ments to service members in a permanent of service of at least six months, but not to amendment. change of station status in amounts that exceed 24 months. Presentation of a United States flag to members may exceed available appropriations in the The Senate recedes. of the Armed Forces upon retirement (sec. relevant military personnel accounts. Storage of baggage of certain dependents (sec. 644) The Senate amendment (sec. 1046) con- 634) The Senate amendment contained a provi- tained a similar provision. The House bill contained a provision (sec. sion (sec. 637) that would require the sec- The Senate recedes with a technical 633) that would amend section 430 of title 37, retary of a military department to present a amendment. United States Code, to authorize dependents United States flag to a member upon retire- Reimbursement of rental vehicle costs when of military members assigned to overseas lo- ment from active or reserve service. motor vehicle transported at government ex- cations annual round trip visits while those The House bill contained no similar provi- pense is late (sec. 653) dependents are college students in the sion. The House bill contained a provision (sec. United States. The provision would author- The House recedes with a clarifying 653) that would authorize a service member ize the storage of unaccompanied baggage of amendment. being transferred to an overseas station to such dependents in lieu of shipment if advan- Recovery, care, and disposition of remains of rent a car for one week at government ex- tageous to the government. medically retired member who dies during pense when the privately owned vehicle The Senate amendment contained a provi- hospitalization that begins while on active shipped to the overseas location does not ar- sion (sec. 622) that would authorize storage duty (sec. 645) rive as scheduled. The provision would limit of a dependent student’s unaccompanied bag- the car rental reimbursement to $30 a day for gage in lieu of shipping the baggage to the The House bill contained a provision (sec. 553) that would authorize military retirees one week, and would require the Secretary of overseas duty station of the sponsor. When a Defense to certify in a report to the Congress student attending school in the United the same benefits for recovery, care, and dis- position of remains as active duty members that a system is operational to recover the States returns to spend the summer with cost of the reimbursement for the rental car their family in an overseas location, they when that member is medically retired from active duty while hospitalized and the hos- from the shipping company that caused the must ship their goods to the overseas loca- delay prior to any reimbursement. tion. The recommended provision would per- pitalization is continuous until the date of death. The Senate amendment contained no simi- mit the baggage to be stored locally, which lar provision. is less expensive than a round-trip overseas The Senate amendment contained a simi- lar provision (sec. 633). The Senate recedes. shipment. Education loan repayment program for health The Senate recedes. The House recedes with a clarifying amendment. professions officers serving in Selected Re- Commercial travel of Reserves at Federal supply serve (sec. 654) schedule rates for attendance at inactive- Revision to computation of retired pay for cer- The House bill contained a provision (sec. duty training assemblies (sec. 635) tain members (sec. 646) The House bill contained a provision (sec. 654) that would increase the authorized caps The House bill contained a provision (sec. on the education loan amounts that may be 368) that would permit members of the re- 642) that would clarify that section 1406(i) of title 10, United States Code, would not apply repaid by the Secretary of Defense to recruit serve components to use General Services and retain health professionals with short- Administration federal supply contracts for to enlisted members who, after serving as the senior enlisted advisor of an armed force, age wartime critical medical skills who commercial air transportation in order to serve in the Selected Reserve. The provision perform inactive duty training. are reduced in grade as the result of a court- martial sentence, nonjudicial punishment, or would increase the repayment amounts from The Senate amendment contained a simi- $3,000 per year and $20,000 total to $10,000 and lar provision (sec. 623). other administrative process. The provision would also provide that the computation of $50,000, respectively. The House recedes. The Senate amendment contained a provi- the high-three average of a retired enlisted Subtitle D—Retired Pay, Survivor Benefits, sion (sec. 617) that would modify the current member who was reduced in grade be based and Related Matters education loan repayment program by per- on the lower grade. Paid-up coverage under Survivor Benefit Plan The Senate amendment contained no simi- mitting the services to offer the program to (sec. 641) lar provision. certain health professions students, and The Senate amendment contained a provi- The Senate recedes with an amendment would increase the loan repayment limit sion (sec. 631) that would, effective October 1, that would retain the clarification to section from $3,000 per year and a total of $20,000 to 2003, terminate Survivor Benefit Plan pay- 1406(i). $20,000 per year and a total of $50,000. ments following 30 years of payments and at- The conferees urge the Secretary of De- The House recedes. tainment of the age of 70. fense to review the effect of a reduction in Federal employees’ compensation coverage for The House bill contained no similar provi- grade on members who are reduced in grade students participating in certain officer can- sion. and who may retire under the high-three av- didate programs (sec. 655) The House recedes with an amendment erage method of computation of retired pay The Senate amendment contained a provi- that would make the effective date October and, if appropriate, recommend legislation sion (sec. 642) that would provide medical 1, 2008. to ensure that the member’s retired pay be coverage to college students participating in Survivor Benefit Plan open enrollment period computed based on the lower grade. a Senior Reserve Officers’ Training program (sec. 642) Elimination of backlog of unpaid retired pay or the Marine Corps Platoon Leaders Course The Senate amendment contained a provi- (sec. 647) who are injured or become ill while attend- sion (sec. 634) that would establish a one- ing training on orders. The provision would The Senate amendment contained a provi- year open enrollment period for the Survivor provide for medical coverage for injury or sion (sec. 638) that would require the Sec- Benefit Plan, beginning March 1, 1999. The illness even if incurred during non-duty retary of the Army to eliminate the backlog provision would require persons electing to hours, provided the injury or illness is deter- of unpaid retired pay for members and the enroll in the Survivor Benefit Plan during mined to be in the line of duty, as prescribed former members of the Army, the Army Re- the open enrollment period to pay premiums by service regulations. serve, and the Army National Guard by De- equal to the amount the member would have The House bill contained no similar provi- cember 31, 1998. paid had the member enrolled at the first op- sion. The House bill contained no similar provi- portunity afforded that member, with inter- The House recedes. sion. est, and any additional amount the Sec- The House recedes with a clarifying Relationship of enlistment bonuses to eligibility retary of Defense determines to be necessary amendment. to receive Army college fund supplement to make the election actuarially sound. under Montgomery GI bill Educational As- The House bill contained no similar provi- Subtitle E—Other Matters sistance Program (sec. 656) sion. Definition of possessions of the United States for The Senate amendment contained a provi- The House recedes. pay and allowances purposes (sec. 651) sion (sec. 619) that would authorize the mili- Effective date of court-required former spouse The House bill contained a provision (sec. tary services to offer both an enlistment survivor benefit plan coverage effectuated 651) that would delete the Canal Zone from bonus and a college fund program to prospec- through elections and deemed elections (sec. the list of U.S. possessions as defined in title tive recruits in selected critically short spe- 643) 37, United States Code. cialities. The House bill contained a provision (sec. The Senate amendment contained a simi- The House bill contained no similar provi- 641) that would standardize the effective date lar provision (sec. 641). sion. September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8395 The House recedes with a clarifying The Senate amendment contained no simi- from their retired pay or via electronic funds amendment. lar provision. transfer from a financial institution. Authority to provide financial assistance for The Senate recedes. The Senate amendment contained a simi- education of certain defense dependents Plan for redesign of military pharmacy system lar provision (sec. 703). overseas (sec. 657) (sec. 703) The House recedes with an amendment that would permit retired members enrolled The Senate amendment contained a provi- The House bill contained a provision (sec. in TRICARE Prime to pay enrollment fees sion (sec. 643) that would authorize the Sec- 703) that would require the Secretary of De- by allotment, electronic funds transfer or di- retary of Defense to provide financial assist- fense to submit to the Congress, by March 1, rect payment on a monthly or quarterly ance to sponsors of dependents in overseas 1999, a plan for a system-wide redesign of the basis, would permit automatic re-enrollment areas in which the Department of Defense military and contractor retail and mail- for everyone who is enrolled in TRICARE does not operate schools. order pharmacy system by incorporating the Prime, and would permit automatic enroll- The House bill contained no similar provi- ‘‘best business practices’’ of the private sec- ment in TRICARE Prime for authorized fam- sion. tor. ily members of service members in grades E– The House recedes. The Senate amendment contained no simi- 4 and below. Clarifications concerning payments to certain lar provision. The conferees intend that service members persons captured or interned by North Viet- The Senate recedes. be notified that their authorized family nam (sec. 658) The conferees intend that the uniform for- members have been enrolled in TRICARE The Senate amendment contained a provi- mulary be considered the minimum and not Prime and advise them of the procedures to sion (sec. 635) that would authorize payments the maximum inventory of drugs that may change the enrollment if the automatic en- to the surviving parents or siblings of Viet- be available through a military treatment rollment process did not properly enroll namese commandos who were not married at facility. The conferees expect that, if the their authorized family members. The con- the time of their death. military treatment facility commander de- ferees intend that the Secretary of Defense The Senate amendment contained an addi- termines that the beneficiary population establish procedures to notify those bene- tional provision (sec. 636) that would clarify served by that military treatment facility ficiaries enrolled in TRICARE Prime of the that payments to Vietnamese commandos or requires drugs that could be provided in a status of their enrollment upon arrival at a their survivors must be paid directly to the more cost effective manner to the govern- new duty station to ensure that the enroll- authorized recipient. ment through the military treatment facil- ment is appropriate. The conferees direct the The House bill contained no similar provi- ity, the military treatment facility com- secretaries of the military departments to sions. mander must have the flexibility to add such ensure that unit commanders include The House recedes with an amendment drugs to the formulary in that facility. The TRICARE Prime enrollment as part of all that would combine the two provisions into conferees instruct the Secretary of Defense predeployment and permanent change of sta- a single provision. that the required pharmacy redesign plan tion inprocessing procedures to ensure that LEGISLATIVE PROVISIONS NOT ADOPTED not include any proposal in which phar- service members are apprised of the enroll- Voting rights of military personnel macies in military treatment facilities could ment status of their authorized family mem- charge fees or co-pays for active duty person- The Senate amendment contained a provi- bers and the procedures to modify the enroll- nel, nor for any formulary or equivalent ge- sion (sec. 644) that would amend the Soldiers’ ment, if necessary. The Secretary of Defense neric drug dispensed to any eligible bene- and Sailors’ Civil Relief Act of 1940 to pre- may establish the annual re-enrollment date ficiary. The conferees do not intend that any clude a military member from losing a claim for those enrolled in TRICARE Prime as he proposed pharmacy redesign would include to state residency for the purpose of voting determines to be most efficient. The con- any proposal to permit retail pharmacies to in federal and state elections because of ab- ferees do not necessarily intend that the an- purchase drugs at a government rate. sence due to military orders, and amend the nual re-enrollment date be on the specific Uniformed and Overseas Citizens Absentee Transitional authority to provide continued anniversary of the initial enrollment. Voting Act to require each state to permit health care coverage for certain persons un- System for tracking data and measuring per- absent military voters to use absentee reg- aware of loss of CHAMPUS eligibility (sec. formance in meeting TRICARE access istration procedures and to vote by absentee 704) standards (sec. 713) ballot in elections for state and local offices, The House bill contained a provision (sec. The House bill contained a provision (sec. in addition to federal offices as provided in 704) that would authorize the Secretary of 722) that would require the Secretary of De- current law. Defense to extend temporarily CHAMPUS fense to establish a system for measuring The House bill contained no similar provi- eligibility to certain beneficiaries who may military treatment facilities and TRICARE sion. have been unaware of their loss of eligibility contractors’ performance in meeting the De- The Senate recedes. for CHAMPUS coverage. partment of Defense standards for access to TITLE VII—HEALTH CARE PROVISIONS The Senate amendment contained a simi- primary care services. LEGISLATIVE PROVISIONS ADOPTED lar provision (sec. 704). The Senate amendment contained no simi- The Senate recedes. Subtitle A—Health Care Services lar provision. Subtitle B—TRICARE Program Dependents’ dental program (sec. 701) The Senate recedes. Payment of claims for provision of health care The House bill contained a provision (sec. Establishment of appeals process for claimcheck under the TRICARE program for which a 721) that would amend section 1076a(b)(2) of denials (sec. 714) third party may be liable (sec. 711) title 10, United States Code, to allow for the The House bill contained a provision (sec. cap on an enrolled member’s share of the The House bill contained a provision (sec. 728) that would require the Secretary of De- monthly premium for the dependent dental 711) that would amend section 1095 of title 10, fense, not later than November 1, 1998, to program to be adjusted annually for infla- United States Code, to authorize the Sec- submit a proposal to establish an appeals tion. retary of Defense to allow TRICARE con- process in cases of denials through the Claim The Senate amendment contained a provi- tractors to pay certain provider claims for Check computer software system of claims sion (sec. 701) that would establish an index the provision of health care services for acci- by civilian health care providers in under which an enrolled member’s monthly dental injury prior to seeking payment from TRICARE. premium for the dependent dental plan could potential third-party payers. The Senate amendment contained no simi- increase in a manner not to exceed the per- The Senate amendment contained no simi- lar provision. centage of the annual pay raise. lar provision. The Senate recedes with an amendment The House recedes with an amendment The Senate recedes. that would direct the Secretary of Defense to that would not include the Dependent Dental TRICARE prime automatic enrollments and re- establish an appeals process in cases of deni- Program within TRICARE and would pro- tiree payment options (sec. 712) als of claims from a civilian health care pro- vider in TRICARE by any computer based hibit the Secretary of Defense from reducing The House bill contained a provision (sec. software system and to report to the Com- the dependent dental benefit without prior 712) that would direct the Secretary of De- mittee on Armed Services of the Senate and consultation with the Committee on Armed fense to establish procedures for the auto- the National Security Committee of the Services of the Senate and the National Se- matic enrollment in TRICARE Prime at a House of Representatives when the appeals curity Committee of the House of Represent- military treatment facility for active-duty system is implemented. atives. dependents residing within the catchment Expansion of dependent eligibility under retiree area of the facility, would require advance Reviews relating to accessibility of health care dental program (sec. 702) written notification of this enrollment, and under TRICARE (sec. 715) The House bill contained a provision (sec. would allow enrolled family members to The Senate amendment contained a provi- 701) that would amend section 1076c of title disenroll from Military Treatment Facility sion (sec. 711) that would require the Sec- 10, United States Code, to allow dependents TRICARE Prime at any time. The provision retary of Defense to revise the TRICARE pol- of certain retired service members to enroll would also permit retired service members icy manual to clarify that rehabilitative in the retiree dental program even if the re- to have any fees associated with enrollment services are available to a patient for a head tired member does not enroll in the program. in TRICARE to be paid through an allotment injury when the treating physician certifies H8396 CONGRESSIONAL RECORD — HOUSE September 22, 1998 that such services would be beneficial and to onstration, the Director of the Office of Per- ber provides prior consent. The rec- review the adequacy of the provider network sonnel Management, would be required to re- ommended provision would permit the Sec- to determine whether the networks include port to the Congress not later than Decem- retary of Defense to request the President sufficient health care providers and special- ber 31, 2002 on the costs, effectiveness, and waive the requirement for prior consent if ists. the feasibility of making the programs per- the Secretary determines that obtaining The House bill contained no similar provi- manent. The Comptroller General would be consent is not feasible, is contrary to the sion. required to make similar reports within the best interests of the members involved, or is The House recedes with an amendment same time frame as the reports of the Sec- not in the best interests of national security. that would require the Secretary of Defense retary of Defense. In addition, the Comptrol- The House bill contained no similar provi- to review the TRICARE policy manual to de- ler General would be required to complete a sion. termine whether the policies dealing with comprehensive comparative analysis of the The House recedes with a clarifying the availability of rehabilitative services for three projects and report to the Congress not amendment. patients suffering from head injuries are ade- later than March 31, 2003. The conferees note that presidential ap- quate and address the consideration of cer- The conferees expect that the Secretary of proval, Congressional reports, and prior writ- tification by an attending physician and re- Defense will strongly urge Medicare-eligible ten notice to the member do not apply to port to the Committee on Armed Services of beneficiaries to participate in Medicare Part Federal Drup Administration informed con- the Senate and the National Security Com- B. The conferees note participation in Medi- sent exceptions applicable to standard medi- mittee of the House of Representatives, not care Part B is not required for eligibility in cal practice in the United States, as distin- later than April 1, 1999. the FEHBP demonstration; however, those guished from informed consent exceptions The conferees direct the Secretary of De- who do not elect to participate in Medicare that relate specifically to military functions fense to ensure that the TRICARE policy Part B and later require Medicare benefits and activities. manual is written in such a manner as to be may be required to pay a significant penalty. Health benefits for abused dependents of mem- clear and easy to comprehend by health care The conferees expect that health benefit bers of the armed forces (sec. 732) providers and others who may be involved in plans under chapter 89 of title 5, United decisions concerning the authorized coverage States Code, that participate in the FEHBP The Senate amendment contained a provi- under TRICARE. demonstration project will establish sepa- sion (sec. 712) that would require the sec- retary concerned to provide an abused de- Subtitle C—Health-Care Services for Medi- rate enrollment codes for self-only and self- and-family elections as an essential element pendent of a former member of a uniformed care-Eligible Department of Defense Bene- service with medical and dental care during ficiaries (secs. 721–724) of the requirement to maintain a separate risk pool for covered beneficiaries. Further, the period that the abused dependent is re- The House bill contained a provision (sec. the conferees expect the Secretary of De- ceiving transitional compensation under sec- 729) that would authorize a three-year dem- fense and the Director of the Office of Man- tion 1059 of title 10, United States Code. onstration project under which not more agement and Budget to seek the views of The House bill contained no similar provi- than 70,000 Medicare-eligible beneficiaries of health plans that desire to participate in the sion. the Military Health Care System may enroll demonstration about any aspect that the The House recedes with a clarifying in the Federal Employees Health Benefits health plan believes would, in any way, prej- amendment. Program (FEHBP). The provision would re- udice the results of the project. The report Provision of health care at military entrance quire the Secretary of Defense and the Direc- required of the Secretary of Defense and the processing stations and elsewhere outside tor of the Office of Personnel Management to Director of the Office of Personnel Manage- medical treatment facilities (sec. 733) report to the Congress, not later than 39 ment shall include verbatim, written views months after the beginning of the test, on The Senate amendment contained a provi- by any participating health plan on the con- the effectiveness of the demonstration. The sion (sec. 702) that would extend the cov- duct of the demonstration project. Comptroller General would be required to erage of contract physicians by the same The conferees strongly believe that eligible make a similar report within the same time malpractice litigation rules as other Depart- beneficiaries must receive accurate, objec- frame as the report of the Secretary of De- ment of Defense health care providers. The tive, and timely information from the De- fense. provision would also extend the authority of partment of Defense about the opportunity The Senate amendment contained a provi- the Secretary of Defense to provide reason- to enroll in a health benefits plan offered sion (sec. 707) that would authorize the Sec- able attorney’s fees in any litigation in under chapter 89 of title 5, United States retary of Defense to conduct three health which government attorneys do not provide Code, as well as the other projects. The con- care demonstration projects in order to as- representation. ferees direct the Secretary of Defense, after sess the feasibility and advisability of pro- The House bill contained no similar provi- consultation with the Director of the Office viding health care to certain Medicare-eligi- sion. of Personnel Management and with the par- ble beneficiaries of the Military Health Care The House recedes with an amendment ticipating health plans, to ensure that an System. The demonstrations would begin not that would extend the current authority educational program is implemented that later than January 1, 2000 and end not later until December 31, 2000, and would require will provide each eligible beneficiary with than December 31, 2003. The recommended the Secretary of Defense to conduct a test of easily understandable information concern- provision would authorize: one demonstra- alternative methods for conducting medical ing enrollment options, enrollment terms tion project in which Medicare-eligible bene- screenings for enlistment qualification and and limitations, and any other information ficiaries of the Military Health Care System report the findings not later than March 1, reasonably considered essential to making would participate in the Federal Employees 2000. an informed decision concerning participa- Health Benefits Program; a second dem- Professional qualifications of physicians provid- tion in a demonstration project. ing military health care (sec. 734) onstration project would create a TRICARE As part of the TRICARE Senior Supple- Senior Supplement program in which Medi- ment demonstration, the Secretary of De- The House bill contained a provision (sec. care-eligible beneficiaries of the Military fense shall require participants to pay an en- 726) that would require the secretary of a Health Care System could enroll; and a dem- rollment fee that which may not exceed 75 military department to ensure that each onstration that would extend the TRICARE percent of the total subscription charges in a military physician holds an unrestricted mail order pharmacy benefit to Medicare-eli- year for self-only or self-and-family fee for medical license. The House bill also con- gible beneficiaries of the Military Health service coverage under FEHBP. The con- tained a provision (sec. 727) that would re- Care System. ferees expect the Secretary of Defense to use quire the Secretary of Defense to establish a The Senate recedes with an amendment as the basis for determining the enrollment mechanism to ensure that each military that would limit the FEHBP demonstration fee the FEHBP plan that is comparable to physician completes the continuing medical to not more than 66,000 participants, require the TRICARE Extra benefit. The conferees education requirements applicable to their the Secretary of Defense to implement a re- do not expect that the FEHBP plan selected medical speciality. designed pharmacy benefit for Medicare-eli- as the base plan will be the most expensive The Senate amendment contained a single gible DOD beneficiaries at two sites, and in- plan, and thus prejudice the demonstration provision (sec. 708) similar to the two provi- clude the TRICARE Senior Supplement dem- project. sions in the House bill. onstration from the Senate amendment. The Subtitle D—Other Changes to Existing Laws The House recedes with a clarifying demonstrations and the redesigned phar- amendment. macy benefit would begin not later than Jan- Regarding Health Care Management Subtitle E—Other Matters uary 1, 2000. The FEHBP demonstration Process for waiving informed consent require- would begin during the FEHBP open season ment for administration of certain drugs to Enhanced Department of Defense organ and tis- for 2000. Implementation of the pharmacy re- members of Armed Forces for purposes of a sue donor program (sec. 741) design would begin not later than October 1, particular military operation (sec. 731) The Senate amendment contained a provi- 1999. The TRICARE Senior Supplement The Senate amendment contained a provi- sion (sec. 705) that would require the Sec- would begin not later than January 1, 2000. sion (sec. 713) that would require that an in- retary of Defense, the secretaries of the mili- The demonstrations would end not later vestigational new drug or a drug unapproved tary departments, and the Surgeons General than December 31, 2002. The Secretary of De- for its applied use not be administered to a to enhance the support for organ and tissue fense, and in the case of the FEHBP dem- member of the armed forces unless the mem- donor elections made by service members. September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8397 The House bill contained no similar provi- not include information that is currently The House bill contained no similar provi- sion. available from other sources and that the sion. The House recedes with an amendment secretaries report all required information The House recedes with an amendment that would require that service members are to the Committee on Armed Services of the that would retain section 2415 and amend provided with appropriate information about Senate and the National Security Commit- sections 2413 and 2415 by striking ‘‘region’’ organ and tissue donation and are afforded tee of the House of Representatives. and inserting ‘‘district’’. the opportunity to elect to be a donor subse- The conferees intend that the required Defense commercial pricing management im- quent to completion of initial training, but pharmaceutical review be oriented toward provement (sec. 803) prior to their first duty assignment. identifying ways to improve cooperative ar- The Senate amendment contained a provi- Authorization to establish a Level One Trauma rangements between the Department of De- sion (sec. 805) that would require the Federal Training Center (sec. 742) fense and the Department of Veterans Af- Acquisition Regulation (FAR) be revised to The House bill contained a provision (sec. fairs. The conferees do not support expand- provide guidelines that would ensure price 724) that would authorize the Secretary of ing government pricing for drugs to non-gov- reasonableness in sole-source commercial the Army to establish a Level One Trauma ernment entities. item purchases. The FAR would also be re- Training Center in accordance with the Report on research and surveillance activities vised to clarify issues such as the appro- American College of Surgeons standards for regarding Lyme disease and other tick-borne priate use of different types of information trauma centers. diseases (sec. 746) for establishing such price reasonableness. The Senate amendment contained no simi- The Senate amendment contained a provi- The provision would also require the Sec- lar provision. sion (sec. 710) that would authorize $3.0 mil- retary of Defense to establish procedures to The Senate recedes. lion within the Defense Health Program to ensure that, to the maximum extent prac- Authority to establish center for study of post- be used for research and surveillance activi- ticable, sole-source spare parts purchases are deployment health concerns of members of ties related to Lyme disease and other tick- negotiated through corporate contracts by the armed forces (sec. 743) borne diseases. single contracting officers or item managers to ensure that the government receives max- The Senate amendment contained a provi- The House bill contained no similar provi- imum leverage for the size of its purchases sion (sec. 709) that would require the Sec- sion. and to ensure that catalog discount issues retary of Defense to contract with an inde- The House recedes with an amendment and price reasonableness determinations are pendent organization to assess the feasibility that would require the Secretary of Defense not treated in an isolated or piecemeal fash- and advisability of establishing an independ- to report to the Committee on Armed Serv- ion. Finally, the provision would require the ent entity to evaluate and monitor inter- ices of the Senate and the National Security Secretary of Defense to establish a system agency coordination of issues related to the Committee of the House of Representatives for tracking price trends in spare parts in post-deployment health concerns of members on the impact of Lyme disease and other order to isolate categories of items that re- of the armed forces and to report to the Con- tick-borne diseases on military readiness quire further management attention. The gress on the results of the assessment not and the efforts within the Department of De- provision would provide the Secretary of De- later than one year after the enactment of fense to prevent, identify, and treat such dis- fense with the discretion to set up such a this act. eases. system in a manner that would ensure mini- The House bill contained no similar provi- LEGISLATIVE PROVISIONS NOT ADOPTED mal burden on the acquisition system and sion. Plan for provision of health care for military re- proper management. The House recedes with an amendment tirees and their dependents comparable to The House bill contained no similar provi- that would authorize the Secretary of De- health care provided under TRICARE Prime sion. fense to establish a center devoted to a lon- The House bill contained a provision (sec. The House recedes with an amendment gitudinal study to evaluate information on 702) that would require the Secretary of De- that would clarify the information to be con- the health conditions of members of the fense to submit to the Congress, by March 1, sidered in determining price reasonableness, armed forces upon their return from deploy- 1999, a plan for ensuring that military retir- the role of support organizations in the De- ment on military operations in order to rap- ees, including Medicare-eligible retirees, and partment of Defense, and the reporting re- idly identify trends in illnesses or injuries their dependents have access to health care quirements applicable to the price trend among such members. benefits comparable to those offered through analyses. Report on implementation of enrollment-based TRICARE Prime, the managed-care option of The conferees intend that these regulatory capitation for funding for military medical the TRICARE program. changes address the types of abuses uncov- treatment facilities (sec. 744) The Senate amendment contained no simi- ered in recent audits conducted by the De- The House bill contained a provision (sec. lar provision. partment of Defense (DOD) Inspector Gen- 725) that would require the Secretary of De- The House recedes. eral on sole source commercial spare parts fense to report to the Congress, by March 1, TITLE VIII—ACQUISITION POLICY, ACQUISITION purchases by the DOD. The conferees do not 1999, on the potential impact of using an en- MANAGEMENT, AND RELATED MATTERS intend this provision to impede implementa- tion of the general federal government pol- rollment-based capitation methodology to LEGISLATIVE PROVISIONS ADOPTED allocate funds to military medical treatment icy stated in the Federal Acquisition Subtitle A—Amendments to General Con- facilities. Streamlining Act of 1994 and the Federal Ac- The Senate amendment contained no simi- tracting Authorities, Procedures, and Lim- quisition Reform Act of 1996 of relying on lar provision. The Senate recedes. itations the commercial sector to an increasing ex- Joint Department of Defense and Department of Limitation on use of price preference upon tent for goods and services. Veterans Affairs reports relating to inter- achievement of contract goal for small and Modification of senior executives covered by lim- departmental cooperation in the delivery of disadvantaged businesses (sec. 801) itation on allowability of compensation for medical care (sec. 745) The Senate amendment contained a provi- certain contractor personnel (sec. 804) The Senate amendment contained a provi- sion (sec. 803) that would condition the use of The Senate amendment contained a provi- sion (sec. 706) that would require the Sec- the 10 percent price preference criteria in sion (sec. 813) that would revise the defini- retary of Defense and the Secretary of Veter- section 2323 of title 10, United States Code, tion of the term ‘‘senior executive’’ for pur- ans Affairs to conduct a joint survey of their on the failure of the Department of Defense poses of the limitation on allowability of respective beneficiary populations to iden- (DOD) to achieve the goal in the section dur- compensation for certain contractor person- tify, by category of individual, the expecta- ing the prior fiscal year. nel. tions of, requirements for, and behavior pat- The House bill contained no similar provi- The House bill contained no similar provi- terns of those populations regarding medical sion. sion. The House recedes with a clarifying care. The provision would require this col- The House recedes with an amendment amendment. laborative effort be developed jointly and ad- that would clarify that the revised definition The amendment would clarify that the ministered by an independent entity. Addi- applies to costs incurred after January 1, limitation on the use of the price preference tionally, this provision would require the 1999, under covered contracts. applies only to the DOD and would specify Secretaries of Defense and Veterans Affairs Separate determinations of exceptional waivers procedures for implementing a suspension of to review all applicable statutes, regula- of truth in negotiation requirements for the use of the price preference. tions, policies and beneficiary attitudes that prime contracts and subcontracts (sec. 805) may preclude or limit cooperative health Distribution of assistance under the procure- The Senate amendment contained a provi- care programs, including the sharing of fa- ment technical assistance cooperative agree- sion (sec. 814) that would allow the heads of cilities and other resources, between the De- ment program (sec. 802) agencies to waive the requirements under partment of Defense and the Department of The Senate amendment contained a provi- the Truth in Negotiations Act that sub- Veterans Affairs. sion (sec. 804) that would amend section 2413 contractors provide certified cost and pric- The House bill contained no similar provi- of title 10, United States Code, and repeal ing data in cases where such requirements sion. section 2415, United States Code, to recog- have been waived for prime contractors due The House recedes with an amendment nize the change in the Department of De- to a determination of exceptional cir- that would clarify that the joint survey need fense contract administration structure. cumstances. H8398 CONGRESSIONAL RECORD — HOUSE September 22, 1998 The House bill contained no similar provi- formation required by federal contracting of- the National Defense Authorization Act for sion. ficers to determine price reasonableness. Fiscal Year 1997 (Public Law 104–201) from 90 The House recedes with a clarifying The House bill contained no similar provi- to 60 days after the end of the fiscal year. amendment concerning the organizational sion. The Senate amendment contained no simi- waiver level. The House recedes with an amendment lar provision. The conferees agree that the term ‘‘excep- that would require that the Federal Acquisi- The Senate recedes. tional circumstances’’ requires more than tion Regulation (FAR) be amended to pro- Procurement of travel services for official and the belief that it may be possible to deter- vide that compliance with the requirement unofficial travel under one contract (sec. mine the contract price to be fair and rea- to submit data shall be a condition for an 813) sonable without the submission of certified offer or to be eligible to enter into a contract The Senate amendment contained a provi- cost and pricing data. For example, a waiver or subcontract, subject to such exceptions as sion (sec. 802) that would allow the procure- may be appropriate in circumstances where the Federal Acquisition Regulatory Council ment of travel services under one contract it is possible to determine price reasonable- determines appropriate. The conferees in- for both official and unofficial travel. ness without cost or pricing data and the tend that any exceptions to the requirement The House bill contained no similar provi- contracting officer determines that it would to submit price-related information be lim- sion. not be possible to enter into a contract with ited to those situations that are clearly spec- The House recedes. a particular contractor in the absence of a ified in the FAR pursuant to this provision. waiver. The conferees direct the Department Nothing in this section would require any Department of Defense purchases through other of Defense to work with the appropriate ex- contractor to submit certified cost or pricing agencies (sec. 814) ecutive branch officials to clarify the situa- data, to comply with the Cost Accounting The Senate amendment contained a provi- tions in which an exceptional circumstance Standards, or to comply with the contract sion (sec. 806) that would require the Sec- waiver may be granted. cost principles, if the contractor is not oth- retary of Defense to revise regulations issued Procurement of conventional ammunition (sec. erwise required to do so. The conferees do pursuant to section 844 of the National De- 806) not intend this provision to require any revi- fense Authorization Act for Fiscal Year 1994 sion to the FAR except to the extent specifi- (Public Law 103–160), which cover all pur- The House bill contained a provision (sec. cally required by subsections (c) and (d). chases of goods and services by the Depart- 801) that would require that ammunition or ment of Defense under so-called ‘‘multiple ammunition components procured by the De- Amendments and study relating to procurement award task order and delivery order con- partment of Defense (DOD) be acquired from from firms in industrial base for production tracts’’ entered into or administered by any domestic sources pursuant to section 2534 of of small arms (sec. 809) other agency. title 10, United States Code. The House bill contained a provision (sec. The House bill contained no similar provi- The Senate amendment contained no simi- 803) that would amend section 2473 of title 10, sion. lar provision. United States Code, to require the Secretary The House recedes with a clarifying The Senate recedes with an amendment of Defense to procure all small arms end amendment. that would assign to the single manager for items, small arms repair parts, modifica- conventional ammunition in the DOD the tions to improve small arms, and repair Supervision of defense acquisition university authority to restrict the procurement of con- parts consisting of small arms barrels, bolts structure by Under Secretary of Defense for ventional ammunition to the national tech- and receivers from the small arms produc- Acquisition and Technology (sec. 815) nology and industrial base. The amendment tion industrial base. The Senate amendment contained a provi- would also require the single manager for The Senate amendment contained no simi- sion (sec. 807) that would specify that the re- conventional ammunition to limit specific lar provision. sponsibility for the establishment of policy procurements, in accordance with section The Senate recedes with an amendment and requirements for educational programs 2304(c)(3) of title 10, United States Code, in that would require specified small arms pur- of the defense acquisition university be vest- cases where it is determined that doing so is chases be made only from a firm in the small ed in the Under Secretary of Defense for Ac- necessary to maintain a facility, producer, arms industrial base unless the Secretary de- quisition and Technology. manufacturer, or other supplier available for termines, with a regard to a particular pro- The House bill contained no similar provi- furnishing an essential item of ammunition curement, that such requirement is not nec- sion. or ammunition component in cases of na- essary to preserve the small arms industrial The House recedes. tional emergency or to achieve industrial base. The requirements under section 2473 Pilot programs for testing program manager per- mobilization. would apply to procurement of repair parts formance of product support oversight re- This provision supersedes existing guid- for or modifications to improve the M16 se- sponsibilities for life cycle of acquisition ance issued by the DOD as it relates to the ries rifle, the MK19 grenade machine gun, programs (sec. 816) procurement of ammunition from domestic the M4 series carbine, the M240 series ma- The Senate amendment contained a provi- sources. The conferees direct the Depart- chine gun, and the M249 squad automatic sion (sec. 810) that would require the Sec- ment of the Army to issue new guidance to weapon. The amendment would also require retary of Defense to designate 10 programs replace the DOD guidance superseded by this the Secretary of the Army to conduct a for which the program manager will be made provision. The conferees intend that the de- study under the auspices of the Army responsible for the life cycle cost issues termination specified in the provision be Science Board to examine whether the re- through the life of the program. The Sec- conducted within the Department of the quirements of section 2473 should be ex- retary would be required to report, no later Army using procedures prescribed by the panded in specified ways and authorizes the than February 1, 1999, to the congressional Secretary of the Army. Secretary to do so based on the recommenda- defense committees on the 10 programs and Para-aramid fibers and yarns (sec. 807) tions of the Army Science Board. The con- ferees expect the completion of the Army to include any policy, regulatory, organiza- The Senate amendment contained a provi- Science Board study, including recommenda- tional, or legislative changes that would be sion (sec. 801) that would authorize the Sec- tions, no later than 180 days after the date of required to fully implement this new ap- retary of Defense to procure articles contain- enactment of this Act. proach to life cycle cost management. ing para-aramid fibers and yarns manufac- The House bill contained no similar provi- tured in a foreign country that is a party to Subtitle B—Other Matters sion. defense memorandum of understanding, if Eligibility of involuntarily downgraded em- The House recedes. such country allows U.S. manufacturers of ployee for membership in an acquisition The conferees direct that the Secretary of that product to compete for sales to that for- corps (sec. 811) Defense include in the report to the Congress eign country. The House bill contained a provision (sec. on the pilot program candidates a discussion The House bill contained no similar provi- 802) that would enable civilian members of of the appropriate point in the acquisition sions. the Defense Acquisition Corps who are re- cycle for life cycle cost management to tran- The House recedes with an amendment duced in grade due to a base closing or sition from the program manager to the lo- that would allow the Secretary of Defense to downsizing to retain their membership in the gistics organizations of the services. procure articles containing yarns and fibers Acquisition Corps for the purposes of the De- Scope of protection of certain information from manufactured in a country with whom the fense Acquisition Workforce Improvement disclosure (sec. 817) United States has a defense memorandum of Act. The Senate amendment contained a provi- understanding upon making a determination The Senate amendment contained a simi- sion (sec. 811) that would amend section 2371 described in the provision. lar provision (sec. 809). of title 10, United States Code, to clarify The House recedes. Clarification of responsibility for submission of that certain information submitted by out- information on prices previously charged for Time for submission of annual report relating to side parties in cooperative agreements for property or services offered (sec. 808) Buy American Act (sec. 812) basic, applied, and advanced research are The Senate amendment contained a provi- The House bill contained a provision (sec. protected from disclosure under section 552 sion (sec. 816) that would amend the Truth in 804) that would reduce the time for the sub- of title 5, United States Code. Negotiations Act to clarify requirements for mission of the annual report relating to the The House bill contained no similar provi- contractors to provide appropriate price in- Buy American Act required in section 827 of sion. September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8399 The House recedes. the Office of Federal Procurement Policy of Defense, and believe that there are Plan for rapid transition from completion of Act. synergies to be gained by linking this func- small business innovative research into de- The Senate amendment contained no simi- tion with the Department’s information su- fense acquisition programs (sec. 818) lar provision. periority activities. The conferees note that, The Senate amendment contained a provi- The House recedes. although there is a significant degree of sion (sec. 812) that would require the Sec- The conferees believe that a thorough overlap between ‘‘information superiority’’ retary of Defense to develop a plan for facili- analysis of any proposal to raise the micro- and ‘‘space’’, these two functional areas also tating a rapid transition for successfully purchase threshold, including the impact on have many unique aspects that deserve sig- completed research under the Small Busi- small business participation in contracting, nificant focused attention. Therefore, the ness Innovative Research (SBIR) program must be provided to the Congress by the De- conferees endorse the Secretary’s decision to into defense acquisition programs. partment of Defense before such a change include the term ’’space’’ in the revised title The House bill contained no similar provi- can be considered. of this important position. sion. Repeal of requirement for Director of Acquisi- The conferees note that the Assistant Sec- The House recedes with an amendment tion Education, Training, and Career Devel- retary for Space and Information Superi- that would clarify the elements of the plan opment to be within the Office of the Under ority will be responsible for some of the most and the procedures for preparing and trans- Secretary of Defense for Acquisition and critical issues facing the Department of De- mitting the plan to the Congress. Technology fense, including space policy, information as- surance, information operations, intelligence The Senate amendment contained a provi- Five-year authority for the Secretary of the policy, command, control, communications, sion (sec. 808) that would remove the require- Navy to exchange certain items (sec. 819) surveillance, reconnaissance, the ‘‘year 2000’’ ment that the Director of Acquisition Edu- The Senate amendment contained a provi- problem, and electromagnetic spectrum cation, Training, and Career Development be sion (sec. 815) that would authorize the Sec- issues. The conferees believe that one of the appointed within the Office of the Under Sec- retary of the Navy to enter into a barter most significant challenges facing the As- retary of Defense for Acquisition and Tech- agreement during fiscal years 1999 through sistant Secretary will be the integration and nology. 2003 to exchange vehicles for repair and re- mutual leveraging of the various elements The House bill contained no similar provi- manufacture of ribbon bridges for the Marine that he will supervise. sion. Corps. Independent task force on transformation and The House bill contained no similar provi- The Senate recedes. Department of Defense organization (sec. sion. The conferees believe that the issue of the 903) The House recedes. status of the director of acquisition edu- The House bill contained a provision (sec. Permanent authority for use of major test range cation, training, and career development 905) that would require the Secretary of De- and test facility installations by commercial should be deferred until the Department of fense to create a task force of the Defense entities (sec. 820) Defense has clarified the future role of the Office of the Under Secretary of Acquisition Science Board for the purpose of determining The Senate amendment contained a provi- and Technology in the planning and execu- the appropriate organization of the Depart- sion (sec. 217) that would amend section 2681 tion of higher education for acquisition pro- ment of Defense in light of the ongoing of title 10, United States Code, to make the fessionals in the Department of Defense. transformation in the conduct of war. The temporary authority to permit commercial task force would be established not later TITLE IX—DEPARTMENT OF DEFENSE use of test and evaluation centers perma- than November 1, 1998 and the Secretary ORGANIZATION AND MANAGEMENT nent. should transmit the findings of the task The House bill contained no similar provi- LEGISLATIVE PROVISIONS ADOPTED force along with recommendations and com- sion. Subtitle A—Department of Defense Officers ments to the Congress by March 1, 1999. The House recedes. and Organization The Senate amendment contained no simi- Inventory exchange authorized for certain fuel Reduction in number of Assistant Secretary of lar provision. delivery contract (sec. 821) Defense positions (sec. 901) The Senate recedes with a clarifying amendment. The Senate amendment contained a provi- The Senate amendment contained a provi- sion (sec. 817) that would require the Sec- sion (sec. 901) that would codify the reduc- Authority to expand the National Defense Uni- retary of Defense to submit to Congress no tions in the number of assistant secretaries versity (sec. 904) later than December 1, 1998 a report rec- of defense announced by the Secretary of De- The Senate amendment contained a provi- ommending alternative means for a small fense as part of the Defense Reform Initia- sion (sec. 903) that would permit the Sec- and disadvantaged business that delivers by tive. Specifically, the recommended provi- retary of Defense to designate, as he consid- barge to Defense Energy Supply Point-An- sion would reduce the number of assistant ers appropriate, educational institutions of chorage under a contract with the Defense secretaries of defense from ten to nine. the Department of Defense as institutions of Energy Supply Center to fulfill its contrac- The House bill contained no similar provi- the National Defense University. tual obligations and not lose its small and sion. The House bill contained no similar provi- disadvantaged business status when ice con- The House recedes. sion. ditions in the Cook Inlet threaten the phys- The House recedes. ical delivery of such fuel. The provision Repeal of statutory requirement for position of Assistant Secretary of Defense for Com- Center for Hemispheric Defense Studies (sec. would also provide that such small and dis- 905) advantaged business could not lose its small mand, Control, Communications and Intel- The Senate amendment contained a provi- and disadvantaged business status through ligence (sec. 902) sion (sec. 909) that would authorize funds February 1999 if ice conditions in the Cook The Senate amendment contained a provi- available within the Latin American co- Inlet prevent deliveries of bulk fuel and the sion (sec. 902) that would rename the Assist- operation authority be used for the oper- Secretary of Defense determines that effects ant Secretary of Defense for Command, Con- ation of the Center for Hemispheric Defense of such inability to deliver would result in trol, Communications, and Intelligence Studies. an inequity to the supplier. (ASD–C3I) to the Assistant Secretary of De- The House bill contained no similar provi- The House bill contained no similar provi- fense for Space and Information Superiority, sion. sion. and change the statutorily designated duties The House recedes with a clarifying The House recedes with an amendment associated with this position. amendment. that would eliminate the requirement for a The House bill contained no similar provi- report from the Secretary of Defense and sion. Restructuring of administration of Fisher clarify that the provision would in no case The House recedes with an amendment Houses (sec. 906) authorize a barrel-for-barrel exchanges to- that would repeal section 138(b)(3) of title 10, The House bill contained a provision (sec. taling more than 15 percent of the total United States Code. 308) that would authorize appropriations amount of bulk fuel under a contract. The The Secretary of Defense recently an- from the Fisher House Trust Funds for use in amendment would also clarify that the au- nounced a number of organizational changes the operation and maintenance of the Fisher thority under the section does not affect the to the Office of the Secretary of Defense pur- Houses of the Army, Navy, and Air Force. requirement that a contractor otherwise ful- suant to the Defense Reform Initiative. The Senate amendment contained a provi- fill its contractual obligations. Among these changes is a significant modi- sion (sec. 907) that would repeal section 2221 LEGISLATIVE PROVISIONS NOT ADOPTED fication of the office of the ASD-C3I. As a re- of title 10, United States Code, and direct the sult, the current title no longer describes the secretaries of the military departments to Study on increase in micro-purchase threshold full range of responsibilities of this office, establish a nonappropriated fund in each de- The House bill contained a provision (sec. nor adequately identifies its functional pri- partment as the single source of funding to 805) that would require the Comptroller Gen- orities. The conferees endorse the new title operate, maintain, and improve the Fisher eral to conduct a study to assess the impact ‘‘Assistant Secretary of Defense for Space Houses and Fisher Suites, and to close each of the current micro-purchase program and and Information Superiority’’. Fisher House Trust Fund and transfer the the advisability of increasing the micro-pur- The conferees continue to support a ‘‘sin- amounts in the Fund to the respective non- chase threshold to $10,000 under section 32 of gle focal point for space’’ in the Department appropriated fund. H8400 CONGRESSIONAL RECORD — HOUSE September 22, 1998 The House recedes with a clarifying The House bill contained no similar provi- ing a commander with the mission for joint amendment. sion. warfighting experimentation, a sense of the Management reform for research, development, The House recedes. Congress that such commander should be test and evaluation activities (sec. 907) Study of feasibility of performance of Depart- provided with adequate resources and au- The Senate amendment contained a provi- ment of Defense finance and accounting thority to effectively conduct such experi- sion (sec. 906) that would require the Depart- functions by private sector sources or other mentation, and a sense of the Congress that ment of Defense to conduct a cross-service Federal sources (sec. 913) the Congress should review the process of military transformation, as evidenced by the analysis and a plan for restructuring and re- The Senate amendment contained a provi- results of such experimentation, and if the vitalization of the Department of Defense sion (sec. 1023) that would require the De- process is determined inadequate, to con- laboratories and test and evaluation (T&E) partment of Defense to study the finance and sider legislation that would ensure the effec- centers. The provision would also require accounting functions within the Department tive conduct of joint warfighting experimen- that the Department develop a plan and to assess the potential for consolidation and schedule for establishing a cost-based man- tation. possible competition of these functions. The House bill contained no similar provi- agement information system for identifying The House bill contained no similar provi- and comparing costs among the services’ sion. sion. The House recedes with an amendment labs and T&E centers. The House recedes with a technical amend- that would modify the sense of the Congress The House bill contained no similar provi- ment. sion. related to the commander’s authority by ab- The House recedes with an amendment Limitation on reorganization and consolidation breviating the enumeration of such authori- that would require the Department to ana- of operating locations of the Defense Fi- ties. lyze opportunities to improve efficiency and nance and Accounting Service (sec. 914) Reports on joint warfighting experimentation reduce duplication by designating respon- The Senate amendment contained a provi- (sec. 923) sibilities by lead agencies or executive sion (sec. 1024) that would require the Sec- The Senate amendment contained a provi- agent, by area or function, or by other retary of Defense to study and define future sion (sec. 1203) that would require the com- streamlining initiatives. The amendment workload requirements for each of the fi- mander designated to conduct joint would also strike sections (2)(D) and (2)(E) of nance and accounting operating locations warfighting experimentation to submit com- the Senate provision. The conferees agree (OPLOCs) of the Defense Finance and Ac- prehensive initial and annual reports, that the Department should explore options counting Service, and determine whether ex- through the Secretary of Defense to Con- for an alternative management structure for cess capacity exists. The provision would gress on such experimentation. T&E. The conferees agree that the lessons also require that the study be submitted to The House bill contained no similar provi- learned in personnel demonstration projects the congressional defense authorization com- sion. and pilot projects should be considered in mittees by December 15, 1998, and that no The House recedes with an amendment any plan to restructure or reengineer the OPLOCs could be closed until six months that would require the designated com- laboratories and test centers. after the submission of this study. mander to report on changes in his authority Subtitle B—Department of Defense The House bill contained no similar provi- to develop or acquire equipment, supplies or Financial Management sion. services that relate directly to joint Improved accounting for defense contract serv- The House recedes with an amendment warfighting experimentation. ices (sec. 911) that would change the date for the submis- Subtitle D—Other Matters The House bill contained a provision (sec. sion of the study to the Congress to January Further reductions in defense acquisition and 906) that would require the Department of 15, 1999 and delay the closing of any OPLOCs support workforce (sec. 931) until 90 days after the submission of the Defense to make numerous changes to the The House bill contained a provision (sec. study. way they request funds for advisory and as- 901) that would reduce the defense acquisi- sistance services. The provision would re- Annual report on resources allocated to support tion workforce, as defined in section 912(a) of quire the Comptroller of the Department of and mission activities (sec. 915) the National Defense Authorization Act for Defense to conduct an assessment of the The House bill contained a provision (sec. Fiscal Year 1998 (Public Law 105–85), by a total non-Federal effort that resulted from 1031) that would require the Secretary of De- total of 70,000 over three years. the performance of all contracts for such fense to provide in his annual report to the The Senate amendment contained no simi- services during the previous, current and fol- Congress a description of the personnel and lar provision. lowing fiscal year. The provision would also budetary resources dedicated to support ac- The Senate recedes with an amendment. prohibit the Department from classifying tivities as compared to mission-related ac- The amendment would limit the reduction more than 15 percent of its contractual serv- tivities. This provision would also require to 25,000 personnel positions in fiscal year ices in a miscellaneous budget category but the same information for the prior five 1999 and would authorize the Secretary of would allow the Department to report 30 per- years. The provision would also require a Defense to waive up to 12,500 upon a certifi- cent in its fiscal year 2000 budget as mis- listing of the number of military and civilian cation by the Secretary that reducing a cellaneous. In addition, the provision would personnel assigned to headquarters activities greater number of such positions would be codify the definition of advisory and assist- as a percentage of military end-strength for inconsistent with the cost-effective manage- ance services to include; management and the past 10 years. ment of the defense acquisition system to professional support services; studies, analy- The Senate amendment contained no simi- obtain best value equipment and with ensur- ses, and evaluations; and, engineering and lar provision. ing military readiness. technical services. Finally, the provision The Senate recedes with an amendment The reduction would apply to positions in would reduce the amount of funding that was that would require the headquarters num- the defense acquisition and support work- budgeted for these services by $500.0 million. bers to be provided for the past five years, force and limit the reduction of core acquisi- The Senate had no similar provision. and would require the Secretary to submit to tion workforce positions to a level propor- The Senate recedes with an amendment the Congress the definition of ‘‘support’’ and tional with other occupational elements in that would strike the requirement for the ‘‘mission’’ activities that the Secretary will the larger defense acquisition and support Comptroller of the Department of Defense to use in the developement of the report. workforce. conduct an assessment of the total non-Fed- Subtitle C—Joint Warfighting Limitation on operation and support funds for eral effort that resulted from the perform- Experimentation the Office of the Secretary of Defense (sec. ance of all contracts for such services during 932) Findings concerning joint warfighting experi- the previous fiscal year, and the total non- The House bill contained a provision (sec. mentation (sec. 921) Federal effort that will result from the per- 902) that would limit the obligation of funds formance of all contracts for such services The Senate amendment contained a provi- for the Office of the Secretary of Defense to during the current fiscal year. The amend- sion (sec. 1201) that would make congres- 90 percent of the appropriated level for that ment would codify the definition of advisory sional findings that provide the historical office until such time as the Secretary sub- and assistance services to that currently and policy basis for the need to conduct joint mits the reports that were required by sec- contained in the Department of Defense’s di- warfighting experimentation. tion 904(b) of the National Defense Author- rective, and would reduce the cut to these The House bill contained no similar provi- ization Act for Fiscal Year 1997, and sections services to $240.0 million. sion. 911(b) and 911(c) of the National Defense Au- Report on Department of Defense financial The House recedes with an amendment thorization Act for Fiscal Year 1998. management improvement plan (sec. 912) that would abbreviate the description of the The Senate amendment contained no simi- basis for the need to conduct joint The Senate amendment contained a provi- lar provision. warfighting experimentation. sion (sec. 1022) that would require the Comp- The Senate recedes. troller General to report to the congres- Sense of Congress concerning joint warfighting Clarification and simplification of responsibil- sional defense committees on the Depart- experimentation (sec. 922) ities of inspectors general regarding whistle- ment’s financial management improvement The Senate amendment contained a provi- blower protections (sec. 933) plan required by section 2222 of title 10, sion (sec. 1202) that would express a sense of The House bill contained a provision (sec. United States Code. the Congress on the importance of designat- 908) that would modify certain requirements September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8401 relating to inspector general investigations tions in the Department of Defense head- to the family members of those involved in of reprisal complaints. quarters staff announced by the Secretary of the accident. The Senate amendment contained a provi- Defense as part of the Defense Reform Initia- The House bill contained no similar provi- sion (sec. 1053) that would modify the same tive. Specifically, the recommended provi- sion. requirements in a different manner, and sion would require the Office of the Sec- The Senate recedes. amend certain other requirements imposed retary of Defense to reduce by 33 percent; de- TITLE X—GENERAL PROVISIONS upon inspector general investigations of such fense agencies to reduce by 21 percent; De- LEGISLATIVE PROVISIONS ADOPTED complaints. partment of Defense field activities to re- Subtitle A—Financial Matters The House recedes with an amendment. duce by 36 percent; the Joint Staff to reduce Transfer authority (sec. 1001) Repeal of requirement relating to assignment of by 29 percent; the headquarters of the com- tactical airlift mission to reserve components batant commands and associated activities The House bill contained a provision (sec. (sec. 934) to reduce by seven percent; and other head- 1001) that would provide the authorization The House bill contained a provision (sec. quarters elements, including the head- for reprogramming involving the transfer of 907) that would repeal section 1438 of the Na- quarters of the military departments and authorization between the amounts author- tional Defense Authorization Act for Fiscal their major commands and associated activi- ized in Division A of the Act. Year 1991 (Public Law 101–510), which re- ties to reduce by 29 percent. The rec- The Senate amendment contained an iden- quires the Department of Defense to shift ommended provision would require the Sec- tical provision. the tactical airlift mission to the reserves, retary of Defense to submit, not later than The conference agreement includes this unless the Secretary of Defense waives this March 1, 1999, a plan to implement the di- provision. requirement on annual basis. rected personnel reductions. Incorporation of classified annex (sec. 1002) The Senate amendment contained no simi- The House bill contained no similar provi- The House bill contained a provision (sec. lar provision. sion. 1002) that would incorporate the classified The Senate recedes. The Senate recedes. annex prepared by the Committee on Na- Consultation with Marine Corps on major deci- Permanent requirement for quadrennial defense tional Security into this Act. sions directly concerning Marine Corps review The Senate amendment contained no simi- aviation (sec. 935) lar provision. The Senate amendment contained a provi- The House bill contained a provision (sec. The Senate recedes with a technical 909) that would direct the Secretary of the sion (sec. 905) that would make permanent amendment that would provide that the clas- Navy to require that the views of the Com- the requirement for a Quadrennial Defense sified annex prepared by the committee of mandant of the Marine Corps be obtained be- Review and the National Defense Panel. conference be incorporated into this Act. The House bill contained no similar provi- fore a milestone decision or other major de- Authorization of prior emergency supplemental cision is made by an element of the Depart- sion. The Senate recedes. appropriations for fiscal year 1998 (sec. ment of the Navy outside the Marine Corps 1003) on a matter that concerns Marine Corps To redesignate the position of Director of De- The Senate amendment contained a provi- aviation systems acquisition or support. fense Research and Engineering, abolish the sion (sec. 1003) that would authorize the The Senate amendment contained no simi- position of Assistant to the Secretary of De- emergency supplemental appropriations en- lar provision. fense for Nuclear and Chemical and Biologi- acted in the 1998 Supplemental Appropria- The Senate recedes with an amendment cal Defense Programs, and transfer the du- tions and Rescissions Act (Public Law 105– that would make the provision more generic. ties of the latter position to the former posi- 174). This Act provided funding for fiscal LEGISLATIVE PROVISIONS NOT ADOPTED tion year 1998 expenses related to military oper- Revision to defense directive relating to manage- The Senate amendment contained a provi- ations in Southwest Asia, Bosnia, and for ment headquarters and headquarters sup- sion (sec. 908) that would redesignate the po- natural disasters. port activities sition of Director of Defense Research and The House bill contained no similar provi- The House bill contained a provision (sec. Engineering, abolish the position of Assist- sion. 903) that would require the Department of ant to the Secretary of Defense for Nuclear The House recedes. Defense to implement a revised directive, to and Chemical and Biological Defense and Authorization of appropriations for Bosnia be applied uniformly throughout the Depart- transfer certain duties to the new organiza- peacekeeping operations for fiscal year 1999 ment, that accounts for management head- tion. (sec. 1004) quarters personnel by function rather than The House bill contained no similar provi- organization. sion. The Senate amendment contained a provi- The Senate amendment contained no simi- The Senate recedes. sion (sec. 1002) that would provide emergency lar provision. The Nuclear Weapons Council is a statu- authorization of $1.9 billion to fund U.S. par- The House recedes. torily mandated body consisting of Depart- ticipation in Bosnia peacekeeping operations Report on individuals employed in private sector ment of Defense and Department of Energy for fiscal year 1999. The House bill contained a provision (sec. who provide services under contract for the members. The Council has specific respon- 1201) that would not authorize additional Department of Defense sibilities to ensure the safety and reliability funding for U.S. participation in Bosnia The House bill contained a provision (sec. of the Nation’s nuclear weapons stockpile. peacekeeping operations, and would limit 910) that would require the Secretary of De- The Assistant to the Secretary of Defense for the Secretary of Defense from expending fense to provide an annual report to the Con- Nuclear and Chemical and Biological Defense funds appropriated to the Department of De- gress that would outline the quantity, costs, Programs is the primary Department of De- fense for fiscal year 1999 in excess of $1.9 bil- and value of services that are provided to the fense focal point for nuclear weapons mat- lion. The provision would provide for an Department of Defense by non-Federal work- ters, and reports directly to the Secretary of emergency exception of not more than $100.0 ers. Defense. This position also serves as the ex- million for the purpose of safeguarding U.S. The Senate amendment contained no simi- ecutive director of the Nuclear Weapons Forces in the event of hostilities, and would lar provision. Council. Unfortunately, this important posi- require the Secretary of Defense to submit a The House recedes. tion has been vacant for many months. The The conferees understand that significant report to the Congress by April 1, 1999 on the conferees are concerned that, as a result of cost would be incurred by the Department in need for any additional funds required for this position being vacant for an extended establishing a new system to annually track Bosnia operations in fiscal year 1999. period of time, nuclear weapons matters and the quantity and value of non-Federal con- The conferees agree to a provision that issues associated with maintaining the U.S. tract services. Therefore, the conferees di- would provide emergency authorization of nuclear deterrent are not receiving the at- rect the Department, to the extent prac- $1.9 billion to fund operations in Bosnia for tention they deserve. The conferees urge the ticable, using only existing personnel and fiscal year 1999, but would limit funding to President to submit to the Senate, for advice contracting systems, to report to the Com- the amounts authorized in this section. The and consent, a nomination as soon as pos- mittee on Armed Services of the Senate and President may waive this limitation after sible. the National Security Committee of the submitting to the Congress a certification House of Representatives by April 15, 1998, Military aviation accident investigations that the waiver is based on the national in- the number of work year equivalents per- The Senate amendment contained a provi- terest and will not adversely affect the readi- formed by individuals employed by non-Fed- sion (sec. 910) that would require the Sec- ness of U.S. Military Forces. In conjunction eral entities providing services to the De- retary of Defense to establish a task force to with the certification, the President must partment, categorized by Federal supply review the procedures used by the Depart- submit a request for supplemental appropria- class code, the appropriation from which the ment of Defense to conduct military avia- tions to fund the increased costs and a re- contract was funded, and the major organiza- tion accident investigations and to identify port. The report submitted with the certifi- tional element procuring the services. mechanisms for improving such investiga- cation must contain the reasons for the Reduction in Department of Defense head- tions. The provision would also require the waiver, the specific reasons the additional quarters staff Secretary of Defense to prescribe uniform funds are required, and a discussion of the The Senate amendment contained a provi- regulations that would provide for the re- readiness impact of the continued deploy- sion (sec. 904) that would codify the reduc- lease of reports on the accident investigation ment of the U.S. Military Forces in Bosnia H8402 CONGRESSIONAL RECORD — HOUSE September 22, 1998 or supporting Bosnia peacekeeping oper- fiscal year 1999 and would provide a mecha- of the Congress that the U.S.S. Iowa should ations. nism to allow the Department of Defense to be homeported in San Francisco, California. Partnership for Peace information system man- recover operating losses during the year of The House bill contained no similar provi- agement (sec. 1005) execution. The provision would also place sion. limitations on the amounts of advance bill- The House recedes. The budget request included $2.0 million ing within the Department. for the Partnership for Peace Information Sense of Congress concerning the naming of an The House bill contained no similar provi- Management System (PIMS) (PE LPD–17 vessel (sec. 1014) sion. 1001017D8Z). The House recedes with an amendment The Senate amendment contained a provi- The Senate amendment contained a provi- that would not specify the corrective actions sion (sec. 1014) that would express the sense sion (sec. 1004) that would make $5.0 million the Secretary of Defense may take to elimi- of the Congress that an LPD–17 class vessel available in defense-wide activities for the nate cash balance shortfalls in the WCFs and should be named the U.S.S. Clifton B. Cates, Partnership for Peace Information Manage- adjusts the limitations on advance billings. in honor of the 19th Commandant of the Ma- ment System (PIMS) in the following rine Corps. Termination of authority to manage working- amounts: $3.0 million in section 301 and $2.0 The House bill contained no similar provi- capital funds and certain activities through million in section 201(4) of this Act. sion. the Defense Business Operating Fund (sec. The House bill contained no similar provi- The House recedes with a clarifying 1008) sion, but would recommend the budget re- amendment. The Senate amendment contained a provi- quest for operation and maintenance and Reports on naval surface fire-support capabili- sion (sec. 342) that would transfer the rel- would recommend an increase of $4.0 million ties (sec. 1015) to the budget request for PIMS research and evant statutory authorities and reporting re- The Senate amendment contained a provi- development activities for the development quirements to the Department of Defense’s sion (sec. 1027) that would direct the Sec- of an international medical program global working-capital fund operations (section 2208 retary of the Navy to report by March 31, satellite system. Additionally, the House bill of title 10, United States Code) and would re- 1999, to the Committee on Armed Services of would require that no funds be made avail- peal the statutory authority for the Defense the Senate and the National Security Com- able for this activity until the Secretary of Business Operations Fund. mittee of the House of Representatives on Defense submits a report to the congres- The House bill contained no similar provi- battleship readiness for meeting naval sur- sional defense committees on the impact of sion. face fire-support requirements. the international medical program global The House recedes with a technical amend- The House bill contained no similar provi- satellite system on the Department of De- ment. sion. fense (DOD) radio frequency spectrum. Clarification of authority to retain recovered The House recedes with a clarifying The conferees agree to a provision that costs of disposals in working-capital funds amendment. would make $5.0 million available in defense- (sec. 1009) wide activities for PIMS in defense-wide op- The Senate amendment contained a provi- Long-term charter of three vessels in support of eration and maintenance and research and sion (sec. 343) that would clarify the author- submarine rescue, escort, and towing (sec. development activities. In addition, the con- ity of the Defense Reutilization and Market- 1016) ferees agree to authorize a $4.0 million in- ing Service to retain, from proceeds received The House bill contained a provision (sec. crease for PIMS research and development from sales of surplus supplies, materials, or 1013) that would authorize charter of the activities for the development of an inter- equipment, an amount equal to the costs in- three vessels in accordance with section 2401 national medical global satellite system. curred in the sale, reutilization, or disposal of title 10, United States Code. The conferees agree with the recommenda- of such items. The Senate amendment contained a simi- tion of the House (H. Rept. 105–532) regarding The House bill contained no similar provi- lar provision (sec. 1012) and directed the De- the requirement of the Secretary of Defense sion. partment to utilize fully the R/V Gosport and to submit a report on the impact of this sys- The House recedes. other assets owned and operated by the Navy tem on the DOD frequency spectrum prior to Crediting of amounts recovered from third par- for secondary services including torpedo re- obligation of funds. In addition, the report of ties for loss or damage to personal property trieval, sonar calibration, and submarine sea the Secretary of Defense should include a shipped or stored at government expense trial escort prior to out-sourcing for these plan on how the satellite-based medical tele- (sec. 1010) services. communications distribution and delivery The Senate amendment contained a provi- The Senate recedes. network would be integrated into PIMS, the sion (sec. 1054) that would allow funds recov- The conferees agree to authorize the Navy cost of integrating this technology into ered from third parties in relation to house- to enter into charters through September 30, PIMS, the primary focus and content of the hold good claims to be deposited into the 2003 in accordance with section 2401 of title program and the contribution to the overall current appropriations for payment of such 10, United States Code, for the Carolyn mission of PIMS, and information on the claims. Chouest, Kellie Chouest, and Dolores Chouest need for bilateral agreements. The House bill contained no similar provi- and direct the Department of the Navy to Lastly, the conferees direct that all appli- sion. utilize fully the R/V Gosport and other simi- cable competitive procedures be used in the The House recedes with a technical amend- lar vessels prior to out-sourcing for second- award of contracts, grants, and other agree- ment. ary services described above. ments under this program and that the De- Subtitle B—Naval Vessels and Shipyards Transfer of obsolete Army tugboat (sec. 1017) partment require significant cost-sharing Revision to requirement for continued listing of The House bill contained a provision (sec. from all non-federal participants. two Iowa-class battleships on the Naval 1014) that would permit the Secretary of the United States contribution to NATO common- Vessel Register (sec. 1011) Army to substitute the tugboat Attleboro funded budgets in fiscal year 1999 (sec. 1006) The House bill contained a provision (sec. (LT–1977) for the tugboat Normandy (LT–1971) The resolution of ratification to the Proto- 1011) that would direct the Secretary of the as one of two tugboats authorized to be cols to the North Atlantic Treaty of 1949 on Navy to list U.S.S. Iowa (BB–61) and U.S.S. transferred by the Secretary under section Accession of Poland, Hungary, and the Czech Wisconsin (BB–64) as the two Iowa class bat- 1023 of the National Defense Authorization Republic (Treaty Document 105–36) agreed to tleships maintained on the Naval Vessel Reg- Act for Fiscal Year 1998 (Public Law 105–86). by the Senate on April 30, 1998 included a ister, in accordance with section 1011 of the The Senate amendment contained no simi- condition that requires authorization of National Defense Authorization Act for Fis- lar provision. funds for the U.S. contribution to the com- cal Year 1996 The Senate recedes. mon-funded budget of the North Atlantic The Senate amendment contained a simi- Subtitle C—Counter Drug Activities and Treaty Organization (NATO) beginning in lar provision (sec. 1011). Other Assistance for Civilian Law Enforce- fiscal year 1999 if the amounts exceed the to- The Senate recedes. ment tals expended in fiscal year 1998. Transfer of U.S.S. New Jersey (sec. 1012) The budget request for drug interdiction The Senate amendment contained a provi- The House bill contained a provision (sec. and other counter-drug activities of the De- sion (sec. 1006) that would authorize funds 1012) that would direct the Navy to strike partment of Defense (DOD) totals $882.8 mil- for the U.S. contribution to NATO common- U.S.S. New Jersey from the Naval Vessel Reg- lion. This includes the $727.6 million central funded budgets and the use of unexpended ister and transfer it to a not-for-profit entity transfer account and $155.2 million in the op- balances from prior years. that will locate the vessel in the State of erating budgets of the military services for The House bill contained no similar provi- New Jersey. counter-drug operations. sion. The Senate amendment contained no simi- However, these numbers do not accurately The House recedes with a technical amend- lar provision. represent the Department’s total commit- ment. The Senate recedes. ment to the war on drugs. For example, Liquidity of working-capital funds (sec. 1007) Homeporting of the U.S.S. Iowa in San Fran- these numbers do not include a propor- The Senate amendment contained a provi- cisco, California (sec. 1013) tionate share of the costs of procuring mili- sion (sec. 341) that would ensure the liquidity The Senate amendment contained a provi- tary systems that are used to support the of the working-capital funds (WCFs) during sion (sec. 1016) that would express the sense war on drugs. They also do not capture the September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8403 personnel costs for the thousands of active Drug Interdiction & Counter-drug Activities, has not made available the additional air or duty service members who are engaged in Operations and Maintenance—Continued maritime assets necessary to execute the op- counter-narcotics activities over the course Mexico GBEGO ...... 4,000 eration, nor has the Director of JIATF–E of the fiscal year. Furthermore, the budget National Guard Cargo/Mail In- transferred assets from the Caribbean. The conferees are convinced of the need to does not include all maintenance costs for spection Project ...... 29,000 assets used in counter-drug activities, or a take advantage of this opportunity to seize proportionate share of base operation sup- Enhanced Transit Zone Interdiction—Carib- large amounts of cocaine through the con- port costs for those units performing bean/Eastern Pacific Interdiction Initiative, tinuation of Operation Caper Focus. There- counter-drug activities. Together, these Caper Focus fore, the conferees include a provision that costs exceed several hundred million dollars Although the Department of Defense con- would authorize $10.5 million to support this each year. tinues to serve as the single lead Federal operation. The conferees urge the Secretary In addition, these numbers do not reflect agency for the detection and monitoring of of Defense to seek the views of CINCSOUTH the value of the equipment and training that suspected drug-trafficking activities within in identifying the capabilities needed to de- the DOD provides to other nations in support the transit zones, the Department’s budget termine how these funds should be applied. of their counter-narcotics activities pursu- in this region has declined dramatically Finally, the conferees directs that the Sec- ant to section 506 of the Foreign Assistance since 1993. This decline is a result of presi- retary of Defense provide the Committee on Act. This section provides authorization for dential guidance in 1993 that directed a grad- Armed Services of the Senate and the Com- up to $75.0 million worth of counter-narcot- ual shift in emphasis from the transit zone mittee on National Security of the House of ics support to foreign governments each to source zone counter-drug activities. While Representatives a report outlining the rec- year. The conferees are concerned that this the Administration’s strategic focus moved ommendations of CINCSOUTH and an imple- authority, which was intended to be used to to South America, illegal drugs continue to mentation plan detailing the Department’s enhance U.S. counter-narcotics support to flow through the eastern Pacific Ocean and expanded operational support to Operation nations in the source zone, is simply used to Caribbean Sea to U.S. markets. Caper Focus no later than January 15, 1999. offset costs which more appropriately belong The conferees encourage the Department The conferees include an additional $6.0 mil- in the State Department budgets. The con- to explore new initiatives to enhance current lion in order to help pay for this deployment. ferees are further concerned that the contin- interdiction capabilities so that if Panama- The conferees expect the Department to pro- ued provision of non-excess military equip- nian facilities are no longer available, a via- vide the remaining $4.5 million from within ment to foreign governments may have an ble interdiction program remains. To assist its interdiction budget. adverse impact on U.S. military readiness. the Department in this effort, the conferees Gulf States Counter-drug Initiative The conferees direct the Secretary of De- have included a provision that would provide The conferees understand the Gulf States fense to provide the congressional defense $14.5 million within the counter-narcotics Counter-drug Initiative has grown beyond its committees with a list of those items that central transfer account for the increased de- original counter-drug mission and now per- are provided pursuant to Section 506, to- ployment of the Department’s Cyclone Class forms important work for other high priority gether with the Secretary’s plans for replac- Patrol Coastal Craft (PCs) to the Caribbean missions of the Department of Defense, in- ing this equipment. and eastern Pacific, and any maintenance or cluding counter-terrorism. Therefore, the Finally, the conferees are concerned that modifications of these craft (such as forward conferees support the transfer of this activ- in some cases the Department of Defense looking infra-red devices and combat craft ity from the Department’s Counter-drug ac- may be pressured into dedicating scarce re- recovery systems) necessary to enhance count to the C3I Joint Military Intelligence sources within its budget recommendation to their interdiction capabilities. Such in- Program in accordance with its increased the President for the counter-narcotics mis- creased deployment will provide Com- mission, and recommend an additional $6.0 sions that are the primary responsibility of mander-in-Chief, Southern Command million for its counter narcotics activities. the Department of State or other Federal (CINCSOUTH) with a more substantial naval The conferees expects that the Department agencies. This practice could be detrimental presence in his theater of operations with will fund GSCI’s operations through the to other high priority military missions, in- which to increase surface interdiction efforts Joint Military Intelligence Program budget cluding counter-terrorism and counter-pro- of suspected narco-traffickers. The conferees in the future. The conferees authorize a fur- liferation, in today’s resource constrained include an additional $8.0 million for the De- ther $1.0 million for the Gulf States Counter- environment. The conferees believe that the partment’s Caribbean efforts in order to help drug Initiative Regional Counter-drug Train- Secretary of Defense and the Chairman of pay for increased deployment. The conferees ing Academy. the Joint Chiefs are in the best position to expect the Department to identify the re- Multi-Jurisdictional Task Force understand all of the national security re- maining $6.5 million from within its inter- The budget request included $2.0 million sponsibilities of DOD, and to make a bal- diction budget. for the Multi-Jurisdictional Counter-drug anced recommendation to the President re- The conferees direct the Secretary of De- Task Force. The conferees understand that garding the manner in which the resources of fense to provide the Committee on Armed additional funds are needed to improve the the Armed Forces should be utilized in such Services of the Senate and the Committee on Multi-Jurisdictional Counter-drug Task a way as to most effectively carry out those National Security of the House of Represent- Force’s training program by increasing the responsibilities. atives with a report outlining the extent to number of conventional courses, distance The conferees recommend the following which the PCs, operating either with or learning projects and state narcotics conven- authorization for the Department’s counter- without a mothership, were effective during tions for law enforcement officers. There- narcotics activities: fiscal year 1999 in the interdiction and deter- fore, the conferees recommend $3.0 million, rence of maritime drug trafficking. This re- an increase of $1.0 million for the Multi-Ju- Drug Interdiction & Counter-drug Activities, port should also outline the CINCSOUTH’s risdictional Counter-drug Task Force. Operations and Maintenance and the CINCSOCOM’s recommendation re- National Guard State Plans (In thousands of dollars; may not add due to garding any future deployment of these craft rounding) The budget request included $29.0 million to SOUTHCOM’s Area of Responsibility for National Guard Cargo/Mail Inspection Fiscal Year 1999 Drug and (AOR), and the Secretary of Defense’s rec- Support and $118.6 million for National Counter-drug Request ...... $882,831 ommendation as to the appropriate funding Guard General Support. The conferees note Goal 1 (Dependent Demand Re- mechanism for these future deployments. that beginning in fiscal year 1998, funds for duction) ...... 12,830 Caper Focus cargo/mail inspection support were trans- Goal 2 (Support to DLEAs) ...... 97,384 ferred from the general support account due Goal 3 (DOD Personnel Demand The conferees are disturbed by the recent to its high priority at the national level. Reduction) ...... 72,936 testimony of General Charles E. Wilhelm, While the conferees continue to endorse this Goal 4 (Drug Interdiction—TZ/ Commander-in-Chief, Southern Command program as a means to deny illegal drugs SWB) ...... 406,554 (CINCSOUTH), regarding the Department’s from entering the United States, the con- Goal 5 (Supply Reduction) ...... 293,127 inability ‘‘to mount effective detection, ferees believe that this program should com- Increases: monitoring and tracking operations in the pete with other high priority National Guard Caribbean/Eastern Pacific Sur- eastern Pacific, a pipeline which feeds Mex- counter-narcotics operations. Therefore, the face Interdiction ...... 8,000 ico and ultimately the U.S.’’ As a result of conferees recommend $147.6 million for Na- Caper Focus ...... 6,000 competing demands for maritime patrol air- tional Guard General Support, an increase of Gulf States Initiative/Regional craft, the Secretary of Defense postponed the $29.0 million, and a corresponding decrease of Counter-drug Training ...... 7,000 final phase of Operation Caper Focus, a Multi Jurisdictional Task promising operation targeting multi-nation $29.0 million for National Guard Cargo/Mail Force ...... 1,000 cargo vessels in the eastern Pacific. During Inspection Support. South West Border Fence ...... 3,000 the initial phases of Operation Caper Focus, JIATF–SOUTH National Guard State Plans ..... 29,000 Joint Interagency Task Force- East (JIATF– The conferees continue to be concerned Reductions: E) assets interdicted 27 metric tons of co- with the impact that our military with- JIATF–SOUTH ...... 17,000 caine and gained valuable intelligence on re- drawal from Panama will have upon U.S. Southern Air Forces Counter- gional trafficking methods. Despite these drug interdiction capabilities. The Panama- Drug Support ...... 4,000 preliminary results, the Secretary of Defense nian facilities provide a unique location H8404 CONGRESSIONAL RECORD — HOUSE September 22, 1998 from which to deploy U.S. counter-narcotics panded support to youth outreach programs. solete reporting requirements imposed upon assets. The loss of these facilities will have a Finally, the provision would authorize the the Department of Defense. significant impact upon the U.S. ability to use of funds appropriated for counter- nar- The House bill contained no similar provi- maintain the current level of drug interdic- cotics activities to be used for a member of sion. tion efforts. Since the United States and the the Guard’s annual training as long as these The House recedes with an amendment Government of Panama have been unable to funds were reimbursed with funds that were which would retain an annual report on the reach an agreement regarding the continued appropriated for training. use of money rentals for leases of non-excess deployment of U.S. military personnel to The House bill contained no similar provi- property, and which would completely repeal Panama after the remaining facilities are sion. a provision partially repealed in the Senate turned over at the end of 1999, the conferees The House recedes with an amendment amendment. that would limit the size of purchases to believe it is imprudent to significantly ex- Report regarding use of tagging system to iden- pand and facilitize JIATF-South as rec- $5,000 per purchase order unless approval to exceed that amount is provided in advance tify hydrocarbon fuels used by Department ommended in the budget request. Until such of Defense (sec. 1032) an agreement is signed, the conferees believe by the Secretary of Defense. The amendment The Senate amendment contained a provi- that JIATF-South should operate with the would further require that counter-narcotics sion (sec. 312) that would authorize the De- same resources that it received for fiscal activities not degrade military readiness, or partment of Defense to conduct a pilot pro- year 1998. Therefore, the conferees rec- increase the cost of training. The amend- gram to determine if hydrocarbon fuels used ommend a reduction of $17.0 million for this ment would also require that in the case of by the Department can be tagged. program. unit participation in counter-narcotic activi- ties, the missions will support valid unit The House bill contained no similar provi- Southern Air Forces Counter-Drug Support training requirements. Finally, the amend- sion. The budget request included $24.4 million ment would clarify that the pay and benefits The House recedes with an amendment for Southern Air Forces (SOUTHAF) of a member of the Guard who is serving on that would require the Secretary of Defense Counter-Drug Support, including $19.0 mil- full time active duty in support of the to provide a report to the congressional de- lion for the operation and maintenance of counter-narcotics activities of the Guard fense committees outlining the feasibility, ground mobile radars (GMRs) within the U.S. does not receive an amount of pay and bene- costs, and benefits of using fuel tags to help Southern Command area of operations. The fits during his annual training more than the deter theft and facilitate the determination conferees recommend $20.4 million for amount he would be entitled to if he were of the source of surface and underground pol- SOUTHAF Counter-Drug Support, a decrease not performing these counter-narcotics ac- lution in locations having separate fuel stor- of $4.0 million. tivities. age facilities belonging to the Department Ground-based end game operations-Mexico Patrol Coastal Craft for drug interdiction by and civilian companies. The budget request included $16.0 million Southern Command (sec. 1023) Subtitle E—Armed Forces Retirement Home for the counter-narcotics training of the The Senate amendment contained a provi- Appointment of Director and Deputy Director of Armed Forces of Mexico; a significant in- sion (sec. 331) that would provide $18.5 mil- the Naval Home (sec. 1041) crease from previous years. The conferees lion within the counter-narcotics central transfer account for the increased deploy- The Senate amendment contained a provi- recommend $12.0 for this program; a decrease sion (sec. 1075) that would disestablish the ci- of $4.0 million. ment of the Department’s Patrol Coastal Craft to the Caribbean and eastern Pacific. vilian positions of director and deputy direc- Support for counter-drug activities of Peru and tor of the Naval Home and would require Colombia The Senate amendment also contained a pro- vision (sec. 335) that would express the sense that the Secretary of Defense appoint a di- Section 1033 of the National Defense Au- of the Congress that the Secretary of De- rector and deputy director from among mili- thorization Act for Fiscal Year 1998 (Public fense should revise the Global Military Force tary officers recommended by the military Law 105–85) authorized the Secretary of De- Policy to treat counter-drug operations as a departments. fense to provide support for the counter-drug military operation other than war. Further- The House bill contained no similar provi- activities of the Governments of Peru and more, the Senate amendment contained a sion. Colombia. The conferees wish to clarify that provision (sec. 311) that would require the The House recedes. the intent of Congress was to provide non- U.S. Special Operations Command to use the Revision of inspection requirements relating to lethal assistance, including unarmed resources that are saved within its operating Armed Forces Retirement Home (sec. 1042) riverine patrol boats, to establish a riverine budget as a result of funding the Patrol The House bill contained a provision (sec. interdiction program in Peru and Colombia. Coastal Craft within the counter-narcotics 363) that would revise the current procedures The conferees note that other programs exist budget for training and related operations for the periodic inspection of the Armed in which the Government of Peru can ac- associated with its counter-proliferation and Forces Retirement Homes by the Inspector quire the weaponry necessary to arm these counter-terrorism missions. General of each of the military departments vessels. The House bill contained a provision (sec. on an alternating basis, and would require LEGISLATIVE PROVISIONS ADOPTED 1022) that would provide $24.4 million within that upon completion of these inspections, Program authority for Department of Defense the counter-narcotics central transfer ac- the report of the inspections shall be pro- support to other agencies for counter-drug count for the continued conduct of Operation vided to the Congress. activities (sec. 1021) Caper Focus. The Senate amendment contained a provi- The conferees include a single provision sion (sec. 1057) that would eliminate the re- The House bill contained a provision (sec. that would (1) express the sense of the Con- quirement for the Department of Defense In- 1021) that would extend section 1004 of the gress that the Secretary of Defense should National Defense Authorization Act for Fis- ensure that the international drug interdic- spector General to conduct inspections of the cal Year 1991 through fiscal year 2000. The tion and counter-drug activities of the De- Armed Forces Retirement Homes, as well as provision would also allow the Department partment of Defense are accorded adequate review the inspections conducted by the in- of Defense to use counter-drug funds for any resources within the budget allocation of the spectors general of the military depart- major renovation or modification of a De- Department to execute its counter-narcotics ments. The recommended provision would partment of Defense facility being used for mission; (2) provide $10.5 million within the require inspections of the homes every three counter-narcotics purposes. Prior to using counter- narcotics central transfer account years. Responsibility to conduct inspections this authority for any such projects that will for the continued conduct of Operation Caper would rotate among the three services on a exceed $500,000, the Department must notify Focus; and (3) provide $14.5 million within schedule determined by the Secretary of De- the congressional defense committees. the counter-narcotics central transfer ac- fense. The Senate amendment contained a simi- count for the increased deployment of the The Senate recedes with a clarifying lar provision. Department’s Patrol Coastal Craft to the amendment. The Senate recedes with an amendment Caribbean and eastern Pacific. The provision Clarification of land conveyance authority, that would extend section 1004 of the Na- would also require that the $4.5 million that Armed Forces Retirement Home (sec. 1043) tional Defense Authorization Act for Fiscal the Special Operations Command saved with- The House bill contained a provision (sec. Year 1991 through fiscal year 2002. in its operating budget as a result of funding 1041) that would clarify subsection (a) of sec- Department of Defense support of National the Patrol Coastal Craft within the counter- tion 1053 of the National Defense Authoriza- Guard drug interdiction and counter-drug narcotics budget be used for training and re- tion Act for Fiscal Year 1997 (Public law 104– activities (sec. 1022) lated operations associated with its counter- 201), to state clearly that the original pur- The Senate amendment contained a provi- proliferation and counter-terrorism mis- pose of this disposal provision was to author- sion (sec. 334) that would make certain sions. ize only the sale of a specific parcel of land changes to the National Guard’s authority to Subtitle D—Miscellaneous Report at the Armed Forces Retirement Home, perform counter-narcotics activities. These Requirements and Repeals Washington, D.C. through an open bid proc- changes would include the authorization to Repeal of unnecessary and obsolete reporting ess at not less than fair market value, with make minor purchases using National Guard provisions (sec. 1031) the receipts of the sale to be deposited in the counter-narcotics funding. This provision The Senate amendment contained a provi- Armed Forces Retirement Homes Trust would also allow the Guard to provide ex- sion (sec. 1021) that would repeal certain ob- Fund. September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8405 The Senate amendment contained no simi- of reporting associated with the authority of fense and the Joint Staff in the investigation lar provision. U.S. special operations forces to train with of military aircraft accidents. Additionally, The Senate recedes with an amendment the forces of foreign nations and require that the provision would require the Secretary of that would direct the Armed Forces Retire- any such training receive the prior approval Defense to report on the advisability of re- ment Home to proceed with the sale of a spe- of the Secretary of Defense. quiring an independent entity of the Depart- cific parcel of land at the Armed Forces Re- The Senate amendment contained no simi- ment of Defense to supervise military air- tirement Home, Washington, D.C. to a neigh- lar provision. craft accident investigations. boring non-profit organization or an entity The Senate recedes with an amendment The House bill contained no similar provi- or entities related to such organization at that would limit the scope of the provision sion. fair market value, as determined by the to changes in the regulations for, and the The House recedes with an amendment Armed Forces Retirement Home Board based elements of the annual report on, the train- that would require the Secretary of Defense on an independent appraisal, to a neighbor- ing of special operations forces with friendly to prescribe uniform regulations establishing ing non-profit organization or an entity or foreign forces. procedures by which the military depart- entities related to such organization. The conferees emphasize that, while im- ments shall provide periodic reports on the Subtitle F—Matters Relating to Defense proved interoperability and relations with conduct and progress of investigations to the Property the friendly foreign forces may be an ancil- families of those involved in an aviation ac- lary benefit, the training of U.S. special op- cident. Plan for improved demilitarization of excess and erations forces under the authority of this The conferees note the importance of a surplus defense property (sec. 1051) section must clearly be the primary purpose regular flow of accurate information to the The Senate amendment contained a provi- of the training. The conferees also under- families of those involved in an aviation ac- sion (sec. 1077) that would require the Sec- score that training with ‘‘other security cident and encourage the Secretary of De- retary of Defense to assign demilitarization forces’’ of a friendly foreign country, rather fense to include in regulations specific cir- codes to military equipment and ensure that than with such country’s armed forces, cumstances for providing information to the this equipment is demilitarized in accord- should be a rare exception. Finally, it is ex- families. Additionally, the conferees encour- ance with those codes. The provision would pected that the Secretary will not delegate age the Secretary of Defense to consider ac- further require that anyone who is convicted the approval authority for such training to a cepting comments from the National Trans- of knowingly participating in the expor- level below an assistant secretary of defense portation Safety Board in developing regula- tation of merchandise in violation of Federal and that both the Assistant Secretaries for tions pertaining to aviation accident inves- law, be fined or imprisoned for up to five International Security Affairs and Special tigations. years. Operations and Low Intensity Conflict Investigation of actions relating to 174th Fighter The House bill contained no similar provi- should participate in the required approval Wing of New York Air National Guard (sec. sion. process. 1066) The House recedes with an amendment Research grants competitively awarded to serv- The House bill contained a provision (sec. that would require the Secretary of Defense ice academies (sec. 1063) 1047) that would require the Inspector Gen- to submit to Congress a plan to address the eral of the Department of Defense to inves- problems with the sale or other disposal of The Senate amendment contained a provi- tigate the grounding of the 174th Fighter excess and surplus defense materials. The sion (sec. 1052) that would permit the service Wing of the New York Air National Guard plan would include how the Department will academies to compete for and receive re- and the subsequent dismissal, demotion, or (1) implement all appropriate demilitariza- search grants offered by a corporation, fund, foundation, educational institution, or other reassignment of 12 pilots. tion training, (2) improve oversight of de- The Senate amendment contained no simi- militarization functions and the mainte- similar entity that is organized and operated primarily for scientific, literary, or edu- lar provision. nance of demilitarization codes, and (3) as- The Senate recedes with an amendment cational purposes that are awarded competi- sign accurate demilitarization codes. The that would require the Inspector General of tively. plan will also include the steps the Secretary the Department of Defense to conduct a new intends to take to centralize the demili- The House bill contained no similar provi- sion. investigation into the facts and cir- tarization functions and responsibilities of cumstances leading to the December 1, 1995, the Department of Defense. The House recedes with a clarifying amendment. grounding of the 174th Fighter Wing of the Transfer of F–4 Phantom II aircraft to founda- New York Air National Guard and to provide tion (sec. 1052) Department of Defense use of frequency spec- the report of the investigation to the Com- trum (sec. 1064) The Senate amendment contained a provi- mittee on Armed Services of the Senate and sion (sec. 1058) that would authorize the Sec- The Senate amendment contained a provi- the Committee on National Security of the retary of the Air Force to transfer one sur- sion (sec. 1062) that would require the Sec- House of Representatives, not later than 180 plus F–4 phantom aircraft to a foundation by retary of Defense to report to the defense au- days after enactment. means of a conditional deed of gift. thorizing committees the costs to the De- Program to commemorate 50th anniversary of The House bill contained no similar provi- partment of Defense (DOD) resulting from the Korean War (sec. 1067) reallocations of the radio frequency spec- sion. The Senate amendment contained a provi- trum authorized by DOD. The provision The House recedes with a technical amend- sion (sec. 1061) that would increase the would also require that any entity that pur- ment. amount authorized to be expended for the chases any portion of the radio frequency Subtitle G—Other Department of Defense Korean War Commemorative Program from spectrum previously reserved for use by any Matters $1.0 million to $10.0 million over a seven year federal agency, including DOD, and that the Pilot program on alternative notice of receipt of period. Federal agency has relinquished for sale or The House bill contained no similar provi- legal process for garnishment of federal pay lease, shall reimburse the Federal agency for for child support and alimony (sec. 1061) sion. the cost incurred by the Federal government The House recedes with an amendment The House bill contained a provision (sec. to make that portion of the frequency spec- that would authorize $1.82 million for this 1042) that would allow the Department of De- trum available. The provision would further program in fiscal year 1999. fense to refrain from providing court docu- require a report in the annual budget request The conferees direct the Secretary of the ments to a military member, concerning for each Federal department or agency that Army to include within future budget re- child support and alimony payments, prior incurs costs for such frequency relocations. quests the amount of funds necessary for the to proceeding with a court ordered garnish- Finally, the provision would exempt from continued operation of this program. ment. The Defense Finance and Accounting the reimbursement requirement those por- Designation of America’s national maritime mu- Service would continue to include pertinent tions of the Federal radio frequency spec- seum (sec. 1068) information with the notification to the trum identified for reallocation in the first service member involved. reallocation report submitted to the Presi- The Senate amendment contained a provi- The Senate amendment contained a simi- dent and Congress, except for reallocations sion (sec. 1078) that would designate two lar provision (sec. 1048), but limited the De- of that portion of the spectrum located in maritime museums as America’s National partment of Defense to a pilot program. the 1710–1755 megahertz band. Maritime Museum. The provision also pro- The House recedes with an amendment The House bill contained no similar provi- vided criteria for subsequent additions of that would allow the Department to conduct sion. museums to the group of museums des- a pilot program for three years and provide The House recedes with a clarifying ignated as America’s National Maritime Mu- an annual report on the status of this pro- amendment. seum. The House bill contained no similar provi- gram to the congressional defense commit- Department of Defense aviation accident inves- sion. tees. tigations (sec. 1065) The House recedes with an amendment Training of special operations forces with The Senate amendment contained a provi- that prescribes the procedures for subse- friendly foreign forces (sec. 1062) sion (sec. 1028) that would require the Sec- quent additions of museums to the group The House bill contained a provision (sec. retary of Defense to provide an assessment of designated as America’s National Maritime 1043) that would amend section 2011 of title the role of the Office of the Secretary of De- Museum. 10, United States Code, to improve the level H8406 CONGRESSIONAL RECORD — HOUSE September 22, 1998 Technical and clerical amendments (sec. 1069) The Senate amendment contained no simi- The conferees believe that maintaining a The Senate amendment contained a provi- lar provision. strong, robust space launch capability, in- sion (sec. 1063) that would make various The Senate recedes. cluding modern and well maintained space technical and clerical amendments to exist- LEGISLATIVE PROVISIONS NOT ADOPTED launch facilities, is essential to preserving a strong military and scientific capability. ing law. Outlay limitations The House bill contained no similar provi- The conferees believe that the reprogram- sion. The House bill contained a provision (sec. ming of any resources appropriated to ensure The House recedes with an amendment 1003) that would restrict the amount of fiscal that space launch facilities are fully main- that would make additional technical and year 1999 discretionary outlays available to tained in their best condition, should only be clerical amendments to existing law. the Department of Defense for military func- conducted if planned launches, or other pro- tions and the Department of Energy for na- grammed activities, are canceled. Subtitle H—Other Matters tional security programs to an amount con- Southwest border fence Act constituting presidential approval of vessel sistent with the national defense total pro- war risk insurance requested by the Sec- vided in the Balanced Budget Act of 1997. The Senate amendment contained a provi- retary of Defense (sec. 1071) The Senate amendment contained no simi- sion (sec. 333) that would require the Sec- The Senate amendment contained a provi- lar provision. retary of Defense to perform an analysis of sion (sec. 1059) that would authorize the pre- The House recedes. the effectiveness of the Southwest border fence in reducing the flow of drugs into the approval of vessel war risk insurance under Long-term charter contracts for acquisition of the Merchant Marine Act, 1936 (46 U.S.C. United States before further expansion. auxiliary vessels for the Department of De- The House bill contained no similar provi- App. 1281), so that it can be immediately fense available in an emergency or contingency. sion. The House bill contained a provision (sec. The House bill contained no similar provi- The Senate recedes. 1015) that would authorize the Secretary of sion. The conferees are concerned with the con- the Navy to enter into a contract for the The House recedes with a technical amend- tinued transportation of narcotics across the long-term lease or charter of newly built ment and an amendment adding an effective Southwest border and into the United combat logistics force, strategic sealift and date to the provision. States. Over the past few years, the Depart- auxiliary support vessels. ment of Defense has explored several initia- Extension and reauthorization of Defense Pro- The Senate amendment contained no simi- tives to reduce this flow of illegal drugs. One duction Act of 1950 (sec. 1072) lar provision. such initiative was the construction of a bor- The Senate amendment contained a provi- The House recedes. der fence along portions of the border. Al- sion (sec. 1064) that would reauthorize the Sense of the Congress regarding the establish- though the conferees support such initia- Defense Production Act of 1950 (50 U.S.C. 2161 ment of a counter-drug center in Panama tives, the conferees believe that a thorough and 2166) for a period of one year. analysis should be performed to determine The House bill contained no similar provi- The House bill contained a provision (sec. 1023) that would express the sense of the Con- how the fence might be made more effective sion. before the Department proceeds with any The House recedes. gress that the Secretary of Defense, in con- sultation with the Secretary of State, should planned expansion. The conferees direct the Requirement that burial flags furnished by the continue to engage in negotiations with the Secretary of Defense to undertake such an Secretary of Veterans Affairs be wholly pro- Government of Panama for the establish- analysis. duced in the United States (sec. 1073) ment of a multinational counter-drug center In the interim, the conferees recommend The House bill contained a provision (sec. in Panama. $3.0 million to facilitate completion of the 1046) that would amend section 2301 of title The Senate amendment had no similar pro- Southwest border fence project from within 38, United States Code, to require that any vision. the domestic law enforcement agencies sup- flags furnished for burial purposes be wholly The House recedes. port component of the Department of De- produced in the United States. The conferees understand the important fense Counter-Drug Plan. The Senate amendment contained no simi- contribution that the facilities in Panama, Increase operations and maintenance for Army lar provision. including JIATF-South, provide. The con- National Guard/reduce amounts from re- The Senate recedes with an amendment al- ferees are aware of the unfortunate difficulty vised economic assumptions lowing the Secretary of Veterans Affairs to that the U.S. Government has encountered The Senate amendment contained a provi- waive the requirement upon making a deter- in its negotiations with the Government of sion (sec. 1005) that would reduce authoriza- mination that the requirement cannot rea- Panama for the continued operation of these tions for appropriations to reflect the up- sonably be met or that it would not be in the facilities as part of a multinational counter- dated inflation estimates for fiscal year 1999 national interest of the United States. The narcotics center. The conferees encourage by the Office of Management and Budget. conferees direct that, in the event he intends the Secretary of State to continue these im- The amendment also increased funding for to waive the requirement, the Secretary no- portant negotiations. the Army National Guard operations and tify Congress concerning the factors upon training programs, and the arms control pro- which he has based his determination. Assignment of members of armed forces to assist INS and Customs Service grams of the Department of Energy. Sense of Congress concerning tax treatment of The House bill contained a provision (sec. The House bill contained no similar provi- principal residence of members of armed sion. forces while away from home on active duty 1024) that would authorize the assignment of members of the armed services to assist the The Senate recedes. (sec. 1074) The conferees agreed to adopt the revised Immigration and Naturalization Service and economic assumptions. Funding for the The House bill contained a provision (sec. the Customs Service. Army National Guard and the Department of 1049) that would express the sense of Con- The Senate amendment had no similar pro- Energy arms control programs are discussed gress that a member of the armed forces vision. in other portions of this report. should be treated as using property as a prin- The House recedes. cipal residence during any period that the Ship scrapping pilot program member (or the member’s spouse) is serving Facilitation of operations at Edwards Air Force Base The Senate amendment contained a provi- on extended active duty, but only if the sion (sec. 1017) that would direct the Sec- The House bill contained a provision (sec. member used the property as a principal res- retary of the Navy to carry out a ship scrap- 1048) that would authorize the Secretary of idence for any period during or before the pe- ping pilot program to gather data on the the Air Force to provide assistance to the riod of extended active duty. costs associated with scrapping and to dem- The Senate amendment contained no simi- Dryden Flight Research Center of the Na- onstrate cost effective technologies and lar provision. tional Aeronautics and Space Administra- techniques that ensure worker safety and en- The Senate recedes with a clarifying tion. vironmental protection. Under the pilot pro- amendment. The Senate amendment contained no simi- gram, the Secretary would be required to lar provision. Clarification of State authority to tax com- give a greater weight to technical and per- The House recedes. pensation paid to certain employees (sec. formance-related factors than to cost and 1075) Operation, maintenance, and upgrade of Air price-related factors. The Secretary of the The House bill contained a provision (sec. Force space launch facilities Navy would also be required to give signifi- 1045) that would limit state taxation of the The House bill contained a provision (sec. cant weight to technical qualifications and pay of workers at Fort Campbell, Kentucky, 1050) that would prohibit the obligation of past performance of the contractor and to the state or political subdivision thereof funds appropriated for the operation, main- major subcontractors or team members of in which the workers reside. The provision tenance, or upgrade of the Western and East- the contractor in complying with applicable would also limit state taxation of federal ern Space Launch Facilities of the Air Force legal requirements for environmental protec- employees employed at federal hydroelectric for any other purpose. tion and worker safety. facilities located on the Columbia and Mis- The Senate amendment contained no simi- The House bill contained no similar provi- souri Rivers to the state or political subdivi- lar provision. sion. sion thereof in which the employees reside. The House recedes. The Senate recedes. September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8407 The conferees acknowledge the rec- Eliminating secret Senate holds The conferees direct the Secretary of De- ommendations of the 1998 Report of the The Senate amendment contained a provi- fense and the Administrator of the EPA to Interagency Panel on Ship Scrapping. Con- sion (sec. 1083) that would state that it is a submit a report to the congressional defense sistent with those recommendations, the standing order of the Senate that a Senator committees by April 1, 1999 that includes the conferees object to any congressionally man- who provides notice to leadership of his in- following: (1) a detailed description of the dated restrictions or prohibitions related to tention to object to proceeding to a motion federal, state, and local RCRA permitting re- domestic or overseas scrapping of naval ves- or matter shall disclose the objection or hold sponsibilities related to CWC obligations to sels. in the Congressional Record not later than destroy the U.S. chemical stockpile, with Report on inventory and control of military two session days after the date of the notice. particular focus on the federal regulatory equipment The provision also stated that it was adopted role in states with authorized hazardous The Senate amendment contained a provi- as an exercise of the rulemaking process of waste programs; (2) a description of the state sion (sec. 1025) that would require the De- the Senate and with full recognition of the authorized hazardous waste programs in partment of Defense to perform a thorough constitutional right of the Senate to change those states with existing or projected chem- review of its inventory of military equip- its rules at any time. ical weapons destruction sites; (3) the level The House bill contained no similar provi- ment and submit a report to the Congress of technical assistance provided by EPA to sion. its regional offices and to the state and local outlining the location of this equipment, or The Senate recedes. the efforts of the Department in locating any governments in the overall RCRA permitting Cooperation between the Department of the equipment that could not be located. process, the legal basis for such assistance, The House bill contained no similar provi- Army and the Environmental Protection and how such assistance supports the na- sion. Agency in meeting the Chemical Weapons tional commitment to destroy U.S. chemical The Senate recedes. Convention requirements weapons, particularly in states with author- ized hazardous waste programs; (4) the legal Report on reduction of infrastructure costs at The Senate amendment contained a provi- rationale, if any, for the Army to fund EPA Brooks Air Force Base, Texas sion (sec. 1087) that would require the De- partment of Defense (DOD), in coordination technical assistance for EPA regional of- The Senate amendment contained a provi- with the Environmental Protection Agency fices, and for the state and local govern- sion (sec. 1033) that would require the Sec- (EPA), to submit a report to the congres- ments in the RCRA permitting process asso- retary of the Air Force to submit a report, sional defense committees by April 1, 1999. ciated with chemical weapons destruction, not later than December 31, 1998, on the op- The report would address the mutual respon- particularly in relation to state authorized tions for the reduction of infrastructure sibilities of DOD and EPA with respect to hazardous waste programs; (5) the legal ra- costs at Brooks Air Force Base, Texas. the Resource Conservation and Recovery Act tionale, if any, for the Army to fund EPA at- The House bill contained no similar provi- (RCRA)(42 U.S.C. 6901 et seq.) permit process tendance of meetings with the National sion. related to fulfilling U.S. international obli- Chemical Agent Demilitarization The Senate recedes. gations under the Chemical Weapons Con- Workgroup, meetings between the Office of The conferees agree to include a require- vention (CWC). Solid Waste and the affected EPA Regional ment for the Secretary of Defense to assess The House bill contained no similar provi- Offices and states, and meetings between the the options to reduce infrastructure costs at sion. Office of Solid Waste, the Program Manager Brooks Air Force Base, Texas, in section 2814 The Senate recedes. for Chemical Demilitarization, and DOD; (6) concerning leasing and other alternative The conferees note that compliance with the legal rationale, if any, for DOD or the uses of non-excess military property. international obligations to destroy the U.S. Army to provide funds to EPA for employ- Sense of the Senate regarding declassification of chemical weapons stockpile by April 28, 2007, ment of full time equivalents (FTEs) to as- classified information of the Department of as required under the CWC, is a national pri- sist in the formulation of RCRA permits, the Defense and the Department of Energy ority. Given the international obligation of projected geographical location of the FTEs, the United States under the CWC, the Presi- The Senate amendment contained a provi- and the projected function of the FTEs in re- dent must ensure that DOD and the Army re- sion (sec. 1069) that would set forth the sense lation to CWC RCRA permit requirements; ceive all necessary assistance from federal of the Senate that the Secretaries of Defense (7) a complete explanation of the need, if agencies to facilitate the safe and effective and Energy should request adequate funds in any, for the Army to fund the EPA role with destruction of the lethal chemical stockpile. fiscal year 2000 for activities relating to the respect to CWC RCRA permit requirements, The EPA is a federal agency with specific declassification of information required by a complete description of the overall EPA oversight responsibility for states with au- Executive Order 12958 and the Atomic En- functions and activities that may require thorized hazardous waste programs under ergy Act of 1954 (42 U.S.C. 2011 et seq.). Army funding, an identification of the other RCRA. The conferees expect EPA to exercise The House bill contained no similar provi- instances in which the Army has provided its oversight responsibility in a way that sion. funds to EPA for other RCRA permit over- supports the DOD and the Army in the exe- The Senate recedes. sight activities, and the specific authority cution of CWC obligations. The conferees, The conferees have addressed this issue in for the proposed level of EPA participation however, have been apprised of EPA asser- a separate section in Title XXXI of this Act. in CWC RCRA permit process; and (8) the tions that it is not adequately funded to Army and EPA funding levels within the Sense of the Senate regarding the August 1995 meet its federal RCRA permitting respon- President’s budget projected to support the assassination attempt against President sibilities associated with CWC commitments. RCRA permit process related to CWC for fis- Shevardnadze of Georgia The conferees expect that EPA shall work in cal year 1999 and the out years. The Senate amendment contained a provi- concert with federal, state, and local govern- sion (sec. 1081) that would express the sense ment entities in the successful resolution of TITLE XI—DEPARTMENT OF DEFENSE CIVILIAN of the Senate that the Russian Federation issues related to the destruction of the U.S. PERSONNEL should extradite the alleged perpetrators of chemical weapons stockpile, and that the LEGISLATIVE PROVISIONS ADOPTED the August 5, 1995 assassination attempt on EPA shall properly budget for these efforts. the life of President Shevardnadze to Geor- The conferees are concerned about the pos- Defense Advanced Research Projects Agency ex- gia to stand trial, that the Russian Federa- sibility that inadequate EPA planning and perimental personnel management program tion and the Russian Minister of Defense budgeting could be used as a justification for for technical personnel (sec. 1101) should cooperate and ensure that Russian authorization of the Army funding of EPA The Senate amendment contained a provi- military bases on Georgian territory are not obligations. Such a justification would be in- sion (sec. 1105) that would authorize the Sec- used to facilitate the escape of perpetrators appropriate. In addition, there remains a retary of Defense special personnel manage- acting against the Government and commit- question about the extent to which EPA ment authorities to carry out a five-year ex- ting acts in violation of the national sov- must participate in the CWC RCRA permit perimental personnel management program ereignty of Georgia, and that the U.S. Gov- process, particularly in states with author- in which eminent experts in science and en- ernment should use all available authorities ized hazardous waste programs. The con- gineering fields for research and develop- to provide assistance to ensure the safety of ferees agree that the level of EPA participa- ment projects administered by the Defense the President of Georgia. tion must not exceed the requirements relat- Advanced Research Projects Agency could be The House bill contained no similar provi- ed to federal regulatory oversight under hired and paid without regard to existing sion. RCRA. The Senate recedes. However, the conferees The Army received specific authorization civil service laws concerning appointment do agree that the Russian Federation should to reimburse states for their efforts in per- and compensation. The provision would limit respect the national sovereignty of Georgia mitting chemical demilitarization facilities authority to a maximum of five years and and the Russian Ministry of Defense should in the National Defense Authorization Act would require the Secretary of Defense to cooperate to ensure that its military bases for Fiscal Year 1986, but there was no provi- submit an annual report to the Congress be- located on Georgian territory are not used to sion for EPA reimbursement. There is no ginning in fiscal year 1999. facilitate acts of terrorism and violence, nor statutory authority for the Army to reim- The House bill contained no similar provi- used to protect and provide escape to per- burse EPA for federal regulatory oversight sion. petrators of terrorism or violence against activities related to the CWC RCRA permit The House recedes with a clarifying the Georgian Government or its people. process. amendment. H8408 CONGRESSIONAL RECORD — HOUSE September 22, 1998 Maximum pay rate comparability for faculty ees be subject to random tests, rather than other provision (sec. 1066) would express con- members of the United States Air Force In- just those serving in sensitive positions as cerns that U.S. armed forces should not act stitute of Technology (sec. 1102) required by executive order. as civil police in Bosnia and would require The Senate amendment contained a provi- The Senate amendment contained no simi- the President to submit a report to Congress sion (sec. 1102) that would permit civilian lar provision. on the status of establishing a NATO force of The Senate recedes with an amendment faculty at the United States Air Force Insti- gendarmes, to include information on the tute of Technology to be paid at the same that would codify the executive order which requires random drug testing of those serv- mission of the force, the composition of the level as civilian faculty at other senior mili- force, and the extent to which, if any, U.S. tary schools and the service academies. ing in sensitive positions, and authorize the forces will participate in the force. The House bill contained no similar provi- Secretary of Defense to test any employee of sion. the Department of Defense if there is a rea- Lastly, the Senate amendment included a The House recedes with a clarifying sonable suspicion that the employee uses il- provision (sec. 1072) that would express the amendment. legal drugs. sense of Congress that U.S. ground combat Authority for release to Coast Guard of drug Department of Defense employee voluntary forces should not remain in Bosnia indefi- test results of civil service mariners of the early retirement authority (sec. 1109) nitely, that a NATO-led follow-on force, Military Sealift Command (sec. 1103) The Senate amendment contained a provi- without participation of U.S. combat forces, The House bill contained a provision (sec. sion (sec. 1104) that would modify the condi- would be suitable to continue implementa- 1101) that would permit the Secretary of the tions under which voluntary early retire- tion of the Dayton Agreement if the Euro- ment would be authorized for civilian em- Navy to release to the Coast Guard the re- pean Security and Defense Identity is not sults of a drug test of a former employee of ployees of the Department of Defense. The House bill contained no similar provi- sufficiently established, that our European the Department of the Navy who was em- allies should take steps to establish a Euro- ployed as a civil service mariner. sion. The House recedes with an amendment pean follow-on force, led either by the West- The Senate amendment contained no simi- that would change the effective date to Octo- ern European Union (WEU) or NATO, and lar provision. ber 1, 2000. that the President should continue to con- The Senate recedes. LEGISLATIVE PROVISIONS NOT ADOPTED sult closely with Congress on the progress in Limitations on back pay awards (sec. 1104) Elimination of retained pay as basis for deter- implementing the Dayton Agreement and in The House bill contained a provision (sec. mining locality-based adjustments reducing and ultimately withdrawing U.S. 1102) that would clarify that any award of The House bill contained a provision (sec. ground combat forces from Bosnia. It would back pay to civil service employees, result- also require the President to report to Con- ing from a finding of an unjustified personnel 1105) that would eliminate windfall pay ad- gress by September 30, 1998 on the impact on action adjudged under section 5596 of title 5, justments that have been made to some fed- United States Code, shall not exceed six eral employees by requiring that future pay the security situation in Bosnia that would years, unless a shorter limitation period ap- adjustments be measured against the pay result from a phased reduction of U.S. mili- plies. rate necessary to retain the employees and tary forces, and the prospects for establish- The Senate amendment contained no simi- eliminate the windfall. ing a self-sustaining peace and stable gov- lar provision. The Senate amendment contained no simi- ernment in Bosnia. Finally, it would require The Senate recedes. lar provision. the President to submit a report to Congress The House recedes. Restoration of annual leave accumulated by ci- on the following: the performance objectives, Four-year extension of voluntary separation in- vilian employees at installations in the Re- to include the benchmarks reported in the centive pay authority public of Panama to be closed pursuant to latest semi-annual report submitted under the Panama Canal Treaty of 1977 (sec. 1105) The Senate amendment contained a provi- section 7(b)(2) of the 1998 Supplemental Ap- sion (sec. 1103) that would extend until Sep- The House bill contained a provision (sec. propriations and Rescissions Act, and sched- tember 30, 2003, the civilian voluntary sepa- 1103) that would provide federal employees, ule for implementing the Dayton Agreement, ration incentive pay authority established working to close installations in the Repub- to include objectives not specifically covered by 5597(e) of Title 5, United States Code. lic of Panama in accordance with the Pan- in the Dayton Agreement and support pro- The House bill contained no similar provi- ama Canal Treaty Implementation Plan, the vided by U.S. forces to the military and non- sion. military objectives. Along with the budget same automatic restoration of excess annual The Senate recedes. leave that is provided to employees at bases request for fiscal year 2000 and each time the closed under current base realignment and TITLE XII—MATTERS RELATING TO OTHER President submits a proposal for funding closure procedures. NATIONS continued operations of U.S. forces in Bos- The Senate amendment contained no simi- LEGISLATIVE PROVISIONS ADOPTED nia, the provision would require the Presi- lar provision. Subtitle A—United States Armed Forces in dent to submit a report to Congress includ- The Senate recedes. Bosnia and Herzegovina ing information on the mission of U.S. forces, the support provided by U.S. armed Repeal of program providing preference for em- United States armed forces in Bosnia and forces to military and non-military mis- ployment of military spouses in military Herzegovina (secs. 1201–1205) sions; U.S. armed forces participation in ap- child care facilities (sec. 1106) The House bill contained a provision (sec. prehending war criminals and any role in The House bill contained a provision (sec. 1202) that would express the views and con- connection with civilian police functions; 1104) that would repeal section 1792d of title cerns of Congress regarding the participation the role of U.S. armed forces in assisting in 10, United States Code, which provides mili- of U.S. armed forces in NATO operations in the resettlement of refugees and the support tary spouses with an additional hiring pref- Bosnia and would require the President to of U.S. armed forces in supporting inter- erence in the civil service that has proven report to Congress on the continued partici- national and local civilian authorities. The unnecessary given the other general military pation of U.S. armed forces in NATO oper- report would also include an assessment of spouse preferences provided by section 1784 ations in Bosnia and the status of progress the cost to the United States by fiscal year of title 10, United States Code. achieved in implementing the civilian tasks of carrying out the aforementioned missions, The Senate amendment contained a simi- of the Dayton Accords on an annual basis. and a joint assessment by the Secretary of lar provision (sec. 1101). The provision would also require the Sec- Defense and the Secretary of State on the The Senate recedes. retary of Defense to report to Congress by status of planning for European military and Observance of certain holidays at duty posts December 15, 1998 on the effects of the mili- paramilitary forces to take over the remain- outside the United States (sec. 1107) tary operations in Bosnia on the readiness of ing military missions in Bosnia, and for the U.S. armed forces and the ability of U.S. The House bill contained a provision (sec. establishment and support of a forward- forces to conduct two nearly simultaneous 1106) that would allow civil service employ- based U.S. rapid reaction force outside Bos- major regional conflicts. ees, working in foreign areas where the regu- nia that would be capable of responding rap- The Senate amendment contained three lar work week is other than Monday through idly to threats posed in Bosnia, and of pro- provisions regarding the continued partici- Friday, to observe federal holidays in con- viding support to a European follow-on force pation of U.S. ground combat forces in NATO junction with a weekend. to ensure that it is fully capable of accom- operations in Bosnia. One provision (sec. The Senate amendment contained no simi- plishing the implementation of the Dayton 1065) would express the sense of Congress lar provision. Agreement. that the funds sufficient to cover continued The Senate recedes. The conferees agree to three provisions U.S. participation in the NATO operation in Random drug testing of Department of Defense Bosnia should be included in the defense (secs. 1201–1204) that would combine, update, employees (sec. 1108) budget and in the Future Years Defense Pro- and clarify the provisions contained in the The House bill contained a provision (sec. gram above the defense topline contained in House bill and Senate amendment and to an 1025) that would expand the current drug the Balanced Budget Agreement of 1997, additional provision (sec. 1205) that would testing program of the Department of De- rather than through reprogrammings or re- contain definitions for the subtitle contain- fense by requiring that all civilian employ- scissions of existing defense activities. An- ing these provisions. September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8409 Subtitle B—Matters Relating to Contingency pabilities of the prospective new Alliance Subtitle D—Other Matters Operations members and the future Alliance military Limitation on the assignment of United States Report on involvement of Armed Forces in con- capabilities and requirements, was the result forces for certain United Nations purposes tingency and ongoing operations (sec. 1211) of the use of different criteria and assump- (sec. 1231) tions. The Senate amendment contained a provi- The House bill contained a provision (sec. sion (sec. 1030) that would require the Sec- In an effort to compile all the information 1044) that would prohibit the use of Depart- retary of Defense to submit a report to the contained in the various reports of the DOD ment of Defense funds to assign any member congressional defense committees outlining: and NATO on the military requirements and of the armed forces to duty with the United 1) the effects of U.S. involvement in contin- costs of enlarging the Alliance, the conferees Nations Rapidly Deployable Mission Head- gency operations on the retention and reen- agree to a provision that would require the quarters. listment of personnel in the armed forces; 2) Secretary of Defense to provide a report to The Senate amendment contained no simi- the extent to which involvement in these op- Congress by March 15, 1999 that would in- lar provision. erations has resulted in shortfalls in person- clude information on the planned future The Senate recedes with an amendment. nel and equipment; 3) the cost of these oper- military capabilities of an Alliance that in- The conferees agree that not more than ations and the accounts from which the cludes Poland, Hungary and the Czech Re- eight members of the U.S. Armed Forces funds to pay these costs were drawn; and 4) public, along with an assessment of the tac- may be assigned to the United Nations Rap- the objectives of the operation and the set of tical, operational and strategic military re- idly Deployable Mission Headquarters during conditions that defines the end of each oper- quirements raised by their inclusion. The re- fiscal year 1999. Additionally, the conferees ation. port is to include information on the mili- agree that no funds available to the Depart- The House bill contained no similar provi- tary capabilities of the forces of Poland, ment of Defense during fiscal year 1999 may sion. Hungary and the Czech Republic, and their be used, either as a contribution to the The House recedes. ability to achieve the minimum military re- United Nations to establish a United Nations quirements established by NATO prior to standing international force, or to assign or Submission of report on objectives of a contin- their anticipated accession to the Alliance in gency operation with requests for funding detail U.S. Armed Forces to a United Na- 1999, as well as the improvements to common tions Stand By Force. for the operation (sec. 1212) Alliance military assets and to the national Kyoto Protocol to the United Nations Frame- The Senate amendment contained a provi- capabilities of current NATO members as a work Convention on Climate Change (sec. sion (sec. 1031) that would require the Sec- result of including these new prospective 1232) retary of Defense to include with the initial members in the Alliance. funding request for any contingency oper- In addition, the report is to include infor- The House bill contained a provision (sec. ation involving the deployment of over 500 mation on required improvements to the na- 1210) that would provide that no provision of U.S. military personnel, a report outlining tional military capabilities of prospective the Kyoto Protocol to the United Nations the objectives of the operation, and the con- new members, and any additional necessary Framework Convention on Climate Change, ditions or date that defines the end of that improvements to the common Alliance mili- or any related regulation, could restrict the operation. tary assets to carry out both Article V of the procurement, training, or operation and The House bill contained no similar provi- Washington Treaty of 1949 and contingency maintenance of the U.S. Armed Forces. sion. operations. The Senate amendment contained no simi- lar provision. The House recedes. Lastly, the report should include informa- The Senate recedes with a technical Subtitle C—Matters Relating to NATO and tion on any additional assistance the United amendment. Europe States may agree to provide on a bilateral The conferees note that the Kyoto Proto- basis to assist Hungary, Poland, and the Limitation on United States share of costs of col has not yet been submitted to the Sen- Czech Republic in meeting additional re- NATO expansion (sec. 1221) ate, and as such, a full Senate debate on the quirements related to enlarging the Alli- The House bill contained a provision (sec. ratification of the Kyoto Protocol has not ance. 1211) that would limit the amount spent by taken place. It is not the intention of the the United States as its share of the total Reports on the development of the European se- conferees, through this provision, to pre- cost of enlarging the North Atlantic Treaty curity and defense identity (sec. 1223) determine the outcome of the Senate debate Organization NATO) to 10 percent of the cost The Senate amendment contained a provi- on the advice and consent to ratification of of expansion, or a total of $2.0 billion, which- sion (sec. 1032) that would require the Sec- the Kyoto Protocol. ever is less, for fiscal years 1999 through 2011. retary of Defense to submit a report to the The conferees are aware that the Depart- The Senate amendment contained no simi- congressional defense committees by Decem- ment of Defense has undertaken a number of lar provision. ber 15, 1998, and thereafter submit a report activities to achieve greater efficiency in its The Senate recedes with an amendment on a semiannual basis, on the progress operations. These include a broad-based ef- that would limit the U.S. share of the costs achieved in establishing an European Secu- fort to improve the energy efficiency of its of enlarging NATO to include Poland, Hun- rity and Defense Identity (ESDI) within the buildings and facilities and an effort to im- gary, and the Czech Republic to 25 percent of North Atlantic Treaty Organization (NATO). prove the fuel efficiency of trucks and com- the commonly-funded costs, or $2.0 billion, The House bill contained no similar provi- bat vehicles for the purpose of reducing the whichever is less, for fiscal years 1999 sion. fuel logistics burden associated with the de- through 2011. The House recedes with an amendment. ployment of armed forces. The conferees do Report on military capabilities of an expanded Several years ago, the North Atlantic not intend to prohibit or discourage such ef- NATO alliance (sec. 1222) Treaty Organization (NATO) decided to build forts, provided that they are undertaken for a purpose other than the implementation of The House bill contained a provision (sec. a European pillar within NATO that would the Kyoto Protocol. 1203) that would require the Secretary of De- enable the Western European Union (WEU), fense to provide a report to Congress by with the consent of the Alliance, to assume Defense burdensharing (sec. 1233) March 15, 1999 on the planned future require- the political control and strategic direction The Senate amendment contained a provi- ments and military capabilities of an en- of NATO assets and capabilities. The estab- sion (sec. 1084) that would amend section 1221 larged North Atlantic Treaty Organization lishment of an ESDI within the Alliance is a of the National Defense Authorization Act (NATO). welcome and extremely important develop- for Fiscal Year 1998, placing more emphasis The Senate amendment contained no simi- ment. With the worldwide commitments of on increasing allied burdensharing in the lar provision. the United States, the successful develop- area of military contributions to defense and The Senate recedes with an amendment. ment of an ESDI is very much in our na- could take one or more actions: increase fi- The conferees agree that continued U.S. tional interests, since it could enable the nancial contributions to the payment of non- participation in NATO advances U.S. na- WEU to carry out operations without the personnel costs to the U.S. Government for tional security interests in the region, as participation of U.S. Armed Forces. the stationing of U.S. military personnel in well as around the world. Additionally, the The conferees agree to a provision that a foreign country, increase annual budgetary conferees endorse the concerns expressed by would require the Secretary of Defense to outlays for national defense, increase the the House (H. Rept. 105–532) that information submit an initial report to the congressional amount of military assets that a country prepared both by the United States and defense committees by December 15, 1998 on contributes to multinational military activi- NATO military authorities on the costs of the plans developed and actions taken to es- ties worldwide, or increase annual budgetary enlarging the Alliance to include Poland, tablish an ESDI. Thereafter, the report shall outlays for foreign assistance by September Hungary, and the Czech Republic was con- be submitted on a semiannual basis and shall 30, 1999. The Secretary of Defense would be tradictory. However, the conferees under- include information on the status of progress required to report to Congress by March 1, stand that the differing information offered made in developing an ESDI. The submission 1999, on the progress achieved in increasing by the Department of Defense, the Congres- of semiannual reports on the progress in es- allied defense burdensharing. The Secretary sional Budget Office, RAND, and NATO, in tablishing an ESDI would be terminated of Defense would also be required to provide the varying reports submitted on the costs of when the Secretary of Defense reports that an assessment to Congress by March 1, 1999, enlarging the Alliance, as well as on the ca- an ESDI has been successfully established. of forward deployed U.S. forces permanently H8410 CONGRESSIONAL RECORD — HOUSE September 22, 1998 stationed outside the United States and the The House bill contained provisions (secs. search efforts between the United States and national security interests that support the 1301–1311) that would authorize $417.4 million Russia. In addition, the conferees agree to forward deployment of the forces, as well as for the CTR program for fiscal year 1999, a limit the use of funds for biological weapons the cost associated with stationing these ele- $25.0 million decrease to the budget request; prevention activities in Russia until 15 days ments outside the United States, and poten- allocate fiscal year 1999 funding for various after the Secretary of Defense submits a re- tial alternatives to meet national security CTR programs and activities; prohibit the port to the congressional defense commit- interests or alliance requirements. use of funds for specific activities; prohibit tees regarding the use of CTR funds for coop- The House bill contained no similar provi- the use of funds for the construction of a erative research activities at biological re- sion. chemical weapons destruction facility in search institutes in Russia. The House recedes with a technical amend- Russia and reallocate a portion of these The conferees also agree to require the ment. funds to additional strategic offensive elimi- Secretary of Defense, in consultation with Transfer of excess UH–1 Huey and AH–1 Cobra nation projects in Russia and Ukraine; limit the Secretary of Energy, to provide a report helicopters to foreign countries (sec. 1234) the availability of CTR funds; require that to the congressional defense committees no future budget requests for CTR include a de- The House bill contained a provision (sec. later than January 1, 1999 on their estimate scriptive summary and funding breakout of 1215) that would require the Secretary of De- of the number of individuals in the Former activities; would limit the use of CTR funds fense to make all reasonable efforts to en- Soviet Union with expertise in weapons of until various reports, notifications and cer- sure that any excess UH–1 Huey or AH–1 mass destruction and the risks posed by that tifications are received by Congress; require expertise if transferred to states potentially Cobra helicopters that are to be transferred a report on biological weapons activities in to a foreign country for flight operations are hostile to the United States. The report Russia; limit the use of CTR funds for bio- would also include a description of the ac- in the same maintenance condition that such logical proliferation prevention activities in a helicopter would require for operational tivities conducted by the United States and Russia; and limit the use of CTR funds for other nations to assist in the employment of use by U.S. military forces. strategic offensive elimination activities in The Senate amendment contained no simi- these experts in nonproliferation and non- Russia and Ukraine in excess of the budget lar provision. military related endeavors, and an assess- request pending the receipt of a report. ment of such activities that should be re- The Senate recedes with an amendment The Senate amendment would authorize that would require that any funds that are duced, maintained or expanded. $440.4 million, a $2.0 million reduction to the Lastly, the conferees agree to provide the used for such maintenance be provided from budget request, and contained provisions Secretary of Defense authority to use funds funding sources outside of those available to (secs. 1036 and 1041) that would require the authorized for the CTR program to provide a the Department of Defense. Secretary of Defense to report to the con- country of the Former Soviet Union with Transfers of naval vessels to certain foreign gressional defense committees on the need emergency assistance to remove or obtain countries (sec. 1235) for and the feasibility of programs to further from that country weapons of mass destruc- The Senate amendment contained a provi- U.S. nonproliferation objectives regarding tion or materials, equipment or technology sion (sec. 1013) that would transfer, on a former Soviet experts in ballistic missiles related to the development or delivery of grant, lease, or sale basis, upon notification and weapons of mass destruction; and would weapons of mass destruction. The conferees to the Congress certain ships to foreign authorize the Secretary of Defense to pro- agree that no funds authorized for strategic countries. vide assistance necessary to destroy, remove offensive elimination activities in Russia or The House bill contained no similar provi- or obtain from a country, weapons of mass Ukraine shall be used for this activity. Ex- sion. destruction or materials, equipment or tech- cept in certain limited situations, the Sec- The House recedes with a clarifying nology related to the delivery or develop- retary of Defense shall not provide such as- amendment. ment of weapons of mass destruction. sistance until 15 days after written notifica- Repeal of the landmine moratorium (sec. 1236) The conferees agree to a series of provi- tion is received by the congressional defense sions that would authorize $440.4 million for The House bill contained a provision (sec. committees. the CTR program, establish sublimits for 1205) that would repeal section 580 of the TITLE XIV—DOMESTIC PREPAREDNESS FOR CTR activities and provide the Secretary of Foreign Operations Appropriations Act of DEFENSE AGAINST WEAPONS OF MASS DE- Defense limited authority to exceed estab- 1996 (Public Law 104–107) which requires a STRUCTION lished sublimits for fiscal year 1999, pending one-year moratorium on the use of anti-per- appropriate Congressional notification. LEGISLATIVE PROVISIONS ADOPTED sonnel landmines by U.S. armed forces on In addition, the conferees prohibit CTR Defense against weapons of mass destruction February 12, 1999. funds from being used for activities related (secs. 1401–1405) The Senate amendment contained a provi- to peacekeeping activities with Russia, the The Department of Defense forwarded with sion (sec. 1074) that would provide the Presi- provision of housing, assistance to promote its fiscal year 1999 budget request a number dent authority to waive, if deemed to be in environmental restoration, to promote job of legislative provisions to expand the abil- the national security interests, the one-year retraining, or for the provision of assistance ity of the Department of Defense to respond moratorium on the use of anti-personnel to Russia or any other state of the former to domestic terrorist activity and the poten- landmines by U.S. armed forces as required Soviet Union to promote defense conversion. tial use by terrorists of weapons of mass de- by section 580 of the Foreign Operations Ap- The conferees understand that the provision struction on U.S. territory. propriations Act of 1996. of housing for decommissioned officers in The House bill contained a series of provi- The Senate recedes. Russia remains an issue for Russia as it re- sions (Title XIV) that would express the find- Application of authorities under the Inter- duces its strategic military forces. Although ings of Congress regarding the threat of ter- national Emergency Economic Powers Act the conferees reiterate their strong belief rorist use of weapons of mass destruction to communist Chinese military companies that CTR funds should not be used to provide and the need to enhance domestic prepared- (sec. 1237) housing, they encourage the appropriate ness to respond to such incidents (sec. 1402), The Senate amendment contained provi- agencies of the U.S. Government with re- would direct the President to increase the ef- sions (secs. 3601–3602) that would apply cer- sponsibility for this issue to explore the mat- fectiveness of the domestic emergency pre- tain authorities under the International ter of providing additional assistance as ap- paredness program and to report by January Emergency Economic Powers Act (50 U.S.C. propriate and urge the President to report to 31, 1999, the actions taken to develop an inte- 1701 et seq.) to business entities controlled the Congress on any recommendations. The grated program for such response (sec. 1411), by the People’s Liberation Army of the Peo- conferees will continue to review this issue would provide for an annual report on the ple’s Republic of China, as well as require in the future. program and recommendations for its im- the Secretary of Defense to compile and con- The conferees agree to limit the use of provement (sec. 1412); and would require the tinually update a list, to be published in the funds for chemical weapons destruction ac- assessment of the threat and risk of terrorist Federal Register, of the communist Chinese tivities in Russia, pending a Presidential employment of weapons of mass destruction military companies that are operating, di- certification regarding Russia’s chemical against cities and other local areas (sec. rectly or indirectly, in the United States. weapons program. In addition, the Depart- 1413). The House bill would also establish an The House bill contained no similar provi- ment of Defense is required to submit as part Advisory Commission to Assess Domestic sions. of the Secretary’s annual budget request to Response Capabilities for Terrorism Involv- The House recedes with a technical amend- Congress a descriptive summary of the funds ing Weapons of Mass Destruction to provide ment. requested for the CTR program, to include recommendations to the President and the TITLE XIII—COOPERATIVE THREAT REDUCTION the use of prior years CTR funds. Congress for improvements in Federal, WITH STATES OF THE FORMER SOVIET UNION With regard to biological proliferation pre- State, and local domestic emergency pre- vention activities in Russia, the conferees paredness (secs. 1421–1429). LEGISLATIVE PROVISIONS ADOPTED direct the Secretary of Defense to report to The Senate amendment contained no simi- Cooperative Threat Reduction (CTR) program the congressional defense committees by lar provisions. (secs. 1301–1309) March 1, 1999 on Russia’s compliance with The conferees agree that there is a need to The budget request included $442.4 million international agreements related to biologi- improve domestic emergency preparedness for the Cooperative Threat Reduction (CTR) cal weapons and to provide an evaluation of to respond to the threat of terrorist use of program. the costs and benefits of collaborative re- weapons of mass destruction in the United September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8411 States. The conferees are also aware that Secretary of Health and Human Services, to submit a report within three months of nearly 40 Federal departments and agencies and the Director of the Federal Emergency enactment of this Act on the status and ade- are involved in combating terrorism (includ- Management Agency to enter into a contract quacy of current direct communications ca- ing the Departments of Justice, Defense, En- with a federally funded research and develop- pabilities between the governments of the ergy, Health and Human Services, and the ment center to establish a panel to assess United States and the Russian Federation. Federal Emergency Management Agency), the capabilities for domestic response to ter- The report is to include recommendations and are concerned that the efforts of the rorism involving weapons of mass destruc- for improvements, if necessary, to improve Federal government to enhance domestic tion and to report to the President and the direct communications capabilities. In addi- preparedness to respond to an incident in- Congress recommendations for improve- tion, the report would include an assessment volving weapons of mass destruction are ments in Federal, state, and local domestic of the feasibility and the desirability of es- hampered by incomplete interagency coordi- emergency preparedness for such response. tablishing communications links between nation and by the overlapping jurisdictions The conferees emphasize the guidance in the United States commanders in chief and their and missions of the various Federal depart- provision that the membership of the panel Russian counterparts. ments and agencies. As a consequence, the be drawn from private citizens with knowl- Russian nonstrategic nuclear weapons (sec. conferees are concerned that state and local edge and expertise in emergency response 1504) emergency response agencies are often pre- matters, and direct that the recommenda- The Senate amendment contained a provi- sented with different and/or competing re- tions of the local emergency response com- sion (sec. 1070) that would express concerns quirements and program priorities from the munity be sought in the selection of the of the Senate that the Russian nonstrategic responsible Federal agencies. members of the panel. nuclear arsenal, estimated to include around The conferees are also aware of the actions Elsewhere in this Act, the conferees have 7,000 to 12,000 tactical nuclear weapons, may taken by the President in Presidential Deci- included a provision (sec. 511) that would pose a great threat in the world if they are sion Directive 62, pursuant to direction con- provide expanded authority for use of the Re- sold or are stolen, and could become strate- tained in section 1441 of the National Defense serve Components to respond to domestic gically destabilizing. Since the end of the Authorization Act for Fiscal Year 1997 (Pub- emergencies involving the use of weapons of Cold War, the United States has unilaterally lic Law 104–201), to establish the office of the mass destruction. National Coordinator for Security, Infra- reduced its tactical nuclear stockpile by al- TITLE XV—MATTERS RELATING TO ARMS CON- structure Protection and Counter-Terrorism most ninety percent, and the Senate calls on TROL, EXPORT CONTROLS, AND to oversee policies and programs in these the Russian Federation to live up to its COUNTERPROLIFERATION areas. However, the conferees are not aware pledges in 1991 and 1992 to implement steep of specific actions that have been taken to LEGISLATIVE PROVISIONS ADOPTED reductions in its tactical nuclear stockpile. insure an integrated, interagency program Subtitle A—Arms Control Matters The provision would require the Secretary of Defense to submit a report to the Congress for improving domestic emergency response One-year extension of limitation on retirement by March 15, 1999 on the current Russian to the potential terrorist threat. The con- or dismantlement of strategic nuclear deliv- Federation tactical nuclear stockpile, in- ferees are concerned that the Congress is not ery systems (sec. 1501) being kept adequately informed of the ac- cluding an assessment of the strategic impli- tivities of the National Coordinator and the The Senate amendment contained a provi- cations of using tactical nuclear weapons in status of efforts undertaken to implement sion (sec. 1043) that would extend by one year a strategic role, as well as an assessment of the responsibilities of the Office, pursuant to section 1302(e) of the National Defense Au- the Russian command and control of its tac- direction contained within section 1442 of the thorization Act for Fiscal Year 1998 (Public tical nuclear stockpile and the threat posed National Defense Authorization Act for Fis- Law 105–85). by the possible sale, or theft of tactical nu- cal Year 1997. The conferees direct the Na- The House bill contained no similar provi- clear weapons, and past, current and planned tional Coordinator to provide the congres- sion. efforts of the United States to work coopera- sional defense committees with a report by The House recedes with a technical amend- tively with the Russian Federation to reduce March 1, 1999 on the status of activities and ment. its tactical nuclear stockpile and related efforts undertaken to coordinate policy and Transmission of executive branch reports pro- fissile material. countermeasures against the proliferation of viding Congress with classified summaries of The House bill contained no similar provi- weapons of mass destruction. arms control developments (sec. 1502) sion. The conferees agree to provisions that The House bill contained a provision (sec. The House recedes with an amendment would require the President (sec. 1411) to in- 1032) that would direct the Director of the that would express the concerns of the Con- crease the effectiveness of the domestic Arms Control and Disarmament Agency gress that the vast Russian Federation tac- emergency preparedness program at the Fed- (ACDA), or the Secretary of State (if ACDA tical nuclear stockpile poses a grave threat eral, State, and local levels by establishing is merged into the Department of State), to to the world, and that the Russian Federa- an integrated program built upon the pro- submit reports to Congress on a periodic tion should live up to its pledges in 1991 and gram established under the Defense Against basis summarizing the status of negotiations 1992 to significantly reduce its tactical nu- Weapons of Mass Destruction Act of 1996, and on arms control matters, and developments clear stockpile. to submit a report to Congress by January in the various arms control forums, in which In addition, the conferees direct the Sec- 31, 1999 that outlines the actions taken in the United States is a participant. These fo- retary of Defense to submit a report to the this regard. The conferees also agree to a rums include the Joint Compliance and In- Congress by March 15, 1999, including the provision (sec. 1412) that would amend the spection Commission, the Joint Verification views of the Director of Central Intelligence National Defense Authorization Act for Fis- Commission, the Open Skies Consultative and the commander of the United States cal Year 1998 (Public Law 105–85) to include Commission, the Standing Consultative Strategic Command, on the current Russian an annex to the report on oversight of Commission, and the Joint Consultative Federation tactical nuclear stockpile, as- counterterrorism and antiterrorism activi- Group. sessing the strategic and destabilizing impli- ties of the Federal government, submitted by The Senate amendment contained no simi- cations of the use of tactical nuclear weap- the Director of the Office of Management lar provision. ons used in a strategic role. In addition, the and Budget, that would include information The Senate recedes with a clarifying report should include an analysis of Russia’s on the Federal government domestic emer- amendment. command and control of its tactical nuclear gency response program, and any rec- stockpile, and the threat posed by the theft, Report on adequacy of emergency communica- ommendations for improving Federal, state sale or unauthorized use of the warheads of tions capabilities between the United States and local domestic emergency response. these weapons. Lastly, the report should in- and Russia (sec. 1503) Further, the conferees agree to a provision clude a summary of past, current, and (sec. 1413) that would require the Attorney The Senate amendment contained a provi- planned U.S. efforts to assist Russia in re- General, in consultation with the Director of sion (sec. 1044) that would express the sense ducing its stockpile, as well as a summary of the Federal Bureau of Investigation and rep- of the Congress that a direct line of commu- how the United States would cope militarily resentatives of other Federal agencies and nications between U.S. and Russian com- if Russia threatens to employ or actually use departments, and state and local agencies, to manders of strategic forces would be a useful its tactical nuclear weapons in a regional develop and test methodologies for assessing confidence building tool, and would require conflict involving the United States or its al- the threat and risk of terrorist employment the Secretary of Defense to submit a report lies. to the Committee on Armed Services of the of weapons of mass destruction against cities Subtitle B—Satellite Export Controls and local areas. Information from such as- Senate and the House Committee on Na- sessments could be used to help determine tional Security on the feasibility of initiat- Satellite export controls (secs. 1511–1516) the training and equipment requirements ing discussions between the United States The House bill contained provisions (secs. necessary for an effective domestic emer- and Russia on such a direct line of commu- 1206–1209 and 1212) regarding the export of gency response program. nication. satellites of U.S. origin and their launch on Finally, the conferees agree to a provision The House bill contained no similar provi- space launch vehicles owned by the People’s (sec. 1421) that would require the Secretary sion. Republic of China (PRC). The provisions of Defense, in consultation with the Attor- The House recedes with an amendment would prohibit the participation of U.S. per- ney General, the Secretary of Energy, the that would require the Secretary of Defense sons in the investigations of satellite launch H8412 CONGRESSIONAL RECORD — HOUSE September 22, 1998 failures; prohibit the export of missile equip- timate of the number of U.S. personnel nec- congressional defense committees on the ment and technology to the PRC; prohibit essary in-country to monitor the proposed plans for implementing this provision, to in- the export or reexport of satellites, informa- launch, a description of the U.S. Govern- clude any organizational changes to the De- tion, equipment and technology to the PRC; ment’s plan to monitor the proposed launch, partment, and a description of the role of the and transfer the jurisdiction for licensing the estimated cost to the Department of De- Chairman of the Joint Chiefs of Staff in the the export of satellites and satellite compo- fense to provide monitors for the launch and export control activities of the Department nents to the Department of State. the amount to be reimbursed to the Depart- of Defense. The Senate amendment contained no simi- ment, and the national security interests for Release of export information by the Depart- lar provisions. launching the satellite in a foreign country. ment of Commerce to other agencies for the The conferees agree to transfer the juris- The conferees direct the President to include purpose of national security assessment diction for the export of satellites to the information in the report regarding the im- (sec. 1522) U.S. Munitions List, administered by the De- pact of the export of satellites to the PRC on The House bill contained a provision (sec. partment of State, effective March 15, 1999, U.S. employment, including the creation of 1213) that would require the Secretary of and direct the Secretary of State, in con- jobs in the United States or, in the event of Commerce to transmit post-export informa- sultation with the Secretary of Defense and a denial of an export license, the loss of jobs tion to the Director of Central Intelligence, the Secretary of Commerce, to report to the in the United States. Additionally, the re- the Secretary of Defense, and the Secretary Congress by January 1, 1999 on steps nec- port is to include information related to the of Energy for the purpose of conducting na- essary to implement the transfer in a man- balance of trade between the United States tional security risk assessments within five ner that will permit timely and orderly proc- and the PRC and the transition of the PRC days of receiving a request for such informa- essing of applications for export licenses, from a nonmarket economy to a market tion. The provision would also allow the Di- consistent with current law. The conferees economy. rector of Central Intelligence, the Secretary understand that the transfer of these ad- Lastly, the conferees understand that, of Defense, and the Secretary of Energy to vanced technologies to the jurisdiction of with transfer of satellites and related items delegate authority to other officials within the Department of State may result in the to the U.S. Munitions List, and the enhanced their respective departments or agencies to need for additional personnel to assist in the role of the Department of Defense in export request such information from the Depart- evaluation of license applications. To pro- control activities, there may be a require- ment of Commerce. vide additional resources for this purpose, ment for additional personnel in the Defense The Senate amendment contained no simi- the conferees agree to a provision that would Technology Security Administration (DTSA) lar provision. amend section 45 of the State Department (or any successor organization), to assist in The Senate recedes with an amendment Basic Authorities Act of 1956 to allow the Of- the evaluation of license applications, as that would require the Department of Com- fice of Defense Trade Controls of the Depart- well as to monitor the foreign launches of merce to respond within 10 days of receiving ment of State to retain all registration fees, U.S. satellites. The conferees expect the De- a request for such information in order to which are to be used for the payment of ex- partment to include in its report to the con- conduct national security risk assessments. penses incurred in acquiring additional per- gressional defense committees any require- The amendment would expand the officials sonnel to evaluate and process license appli- ments for additional personnel. Additionally, authorized to request information that is cations, as well as to improve the monitor- the conferees believe that the Department necessary to conduct national security risk ing of compliance with the terms of the li- may have available through the On-Site In- assessments, to include the Secretary of censes. spection Agency (OSIA) personnel who would The conferees also agree to a provision State. be suitable to perform such monitoring that would require the President to certify tasks, as required by this Act, and direct the Nuclear export reporting requirement (sec. 1523) to Congress in advance of any export to the Department to report on the possibility of The House bill contained a provision (sec. PRC of missile technology or equipment, as using OSIA personnel in the monitoring of 1216) that would require prior congressional defined in section 74 of the Arms Export Con- foreign launches, as well as in the evaluation notification of the export or retransfer of trol Act, that the export will not be det- of, and compliance with, license applica- special nuclear materials or production fa- rimental to the U.S. space launch industry tions. cilities, as defined by the Atomic Energy and that the export will not measurably im- The conferees emphasize that the agree- Agency Act of 1954, to any country that is prove the missile or space launch capabili- ment to transfer commercial communication not a member of the Organization for Eco- ties of the PRC. The conferees note that this satellites and their related items from the nomic Cooperation and Development. The certification is not, and is not intended to Commerce Control List to the Munitions notification would be accompanied by a re- be, a prohibition on the export of U.S. sat- List is not done with the intention of penal- port describing the details of the proposed ellites to be launched by the PRC, but is in- izing or harming an important U.S. industry export, and would be submitted to the Con- tended to ensure that U.S. national security or the competitive posture of the U.S. sat- gress at least 30 days prior to the proposed would not be jeopardized by any such export. ellite industry. Rather, it is the intention of export unless the President determines that In addition to the transfer of jurisdiction the conferees to affirm the importance of an emergency exists which requires its im- to the U.S. Munitions List, the conferees di- U.S. national security interests in consider- mediate approval. rect the President to implement a series of ing the export of advanced technology to for- The Senate amendment contained no simi- actions to improve the national security eign countries, which might enhance or con- lar provision. controls on the export licensing of satellites tribute to their military capabilities. The Senate recedes with an amendment and their related items not later than 45 that would require the President to notify days after enactment of this Act. These ac- Subtitle C—Other Export Control Matters Congress upon the granting of a license for tions include, among other requirements, en- Authority for export control activities of the De- the export or re-export of nuclear material, suring the full reimbursement to the Depart- partment of Defense (sec. 1521) technology or equipment by the Nuclear ment of Defense for the costs of providing The House bill contained a provision (sec. Regulatory Commission to countries deter- launch monitoring services, to ensure that 904) that would invest in the Under Sec- mined by the President to have detonated no unauthorized transfer of technology oc- retary of Defense for Policy responsibility nuclear explosive devices and that are not curs, by the person or entity receiving such for the overall supervision of activities of members of the North Atlantic Treaty Orga- services with respect to a satellite launch in the Department of Defense relating to export nization (NATO). a foreign country. The provision also re- controls and require a report on the plans of quires the Secretary of Defense to establish the Secretary of Defense to implement this Execution of objection authority within the De- a program to recruit, train and maintain a provision. partment of Defense (sec. 1524) staff of personnel dedicated to monitoring The Senate amendment contained no simi- The House bill contained a provision (sec. foreign launches of U.S. satellites. The con- lar provision. 1214) that would amend section 1211 of the ferees agree to provide an exception to these The conferees agree to a provision that National Defense Authorization Act for Fis- increased national security controls to coun- would establish a Deputy Under Secretary of cal Year 1998 to provide authority to the Sec- tries that are members of NATO or are major Defense for Technology Security Policy, retary of Defense to delegate objection au- non-NATO allies of the United States. whose principal responsibilities would in- thority to a Department of Defense official The President is authorized by section 902 clude the supervision and direction of activi- at the Assistant Secretary level with regard of the Foreign Relations Authorization Act ties of the Defense Technology Security Ad- to the export or re-export of digital comput- for Fiscal Years 1990 and 1991 to waive cer- ministration, or any successor organization ers with a composite theoretical perform- tain restrictions regarding the export of sat- charged with similar responsibilities, and ance level of more than 2000 millions of theo- ellites to China, but must report to the Con- other activities of the Department of De- retical operations per second (MTOPS), or gress on the waiver of these restrictions. In fense related to export controls. Because the such other composite theoretical perform- addition to the report required by section position does not require Senate confirma- ance level that may be subsequently estab- 902(b), the conferees agree that a detailed tion, the conferees express their view that lished by the President. justification shall accompany this report this position be filled by a qualified individ- The Senate amendment contained no simi- setting forth information related to the mili- ual with knowledge of the military implica- lar provision. tarily-sensitive characteristics integrated tions of technology exports. The Secretary of The Senate recedes with a technical within or associated with the satellite, an es- Defense would be required to report to the amendment. September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8413 Subtitle D—Counterproliferation Matters fense for expenses incurred in providing sup- Report on requirements for response to increased missile threat in Asia-Pacific region (sec. One-year extension of counterproliferation au- port to UNSCOM. 1533) thorities for support of United Nations Spe- The conferees direct the Secretary of De- cial Commission on Iraq (sec. 1531) fense, in consultation with the Secretary of The Senate amendment contained a provi- State, to submit a report to the congres- sion (sec. 1086) that would require the Sec- The House bill contained a provision (sec. sional defense committees by December 1, retary of Defense to conduct a study of ar- 1204) that would extend the authority of the 1998 describing the efforts undertaken by the chitecture requirements for the establish- Department of Defense to provide support to Department of Defense to seek reimburse- ment and operation of a theater ballistic the United Nations Special Commission on ment, the specific support activities for missile defense system in the Asia-Pacific Iraq (UNSCOM) under the Weapons of Mass which reimbursement would be requested, region that would have the capability to pro- Destruction Control Act of 1992 for one year. and the results of discussions with United tect key regional allies of the United States. The Senate amendment contained a simi- Nations officials on the request of the United The House bill contained no similar provi- lar provision (sec. 1042). States Government. sion. The Senate recedes with a clarifying Sense of Congress on Nuclear Tests in South The House recedes with a clarifying amendment. Asia (sec. 1532) amendment. The conferees support the extension of this The Senate amendment contained a provi- The conferees understand the phrase ‘‘key authority given efforts by Iraq to preserve a sion (sec. 1071) that would express the sense regional allies of the United States’’ to in- weapons of mass destruction capability and of the Senate with regard to condemning clude Japan, South Korea, and Taiwan. its interference with the work of the Special India and Pakistan for testing nuclear de- DIVISION B—MILITARY CONSTRUCTION Commission. The conferees raise concerns vices and calling for cessation of nuclear AUTHORIZATIONS that the weapons inspection process has been testing, steps to prevent the transfer of tech- OVERVIEW hampered by Iraq’s flagrant violation of its nology that could further exacerbate the obligations under the United Nations Secu- arms race in South Asia, U.S. and inter- The budget request for fiscal year 1999 in- rity Council resolutions and its efforts to national mediation to promote peace and cluded $7,778,074,000 for military construction seek modifications to the inspections regime stability in South Asia and to resolve the and family housing. through the expulsion of U.S. inspectors and dispute over Kashmir, the reevaluation of The House bill would authorize the suspension of the monitoring program. U.S. bilateral relations with both nations, $8,228,074,000 for military construction and The conferees endorse concerns expressed and for India and Pakistan to establish ac- family housing. in the House report (H. Rept. 105–532) regard- tive dialogue on differences to minimize the The Senate amendment would provide ing continued provision of support by the De- potential for future conflict. $8,463,940,000 for this purpose. partment of Defense for UNSCOM activities. The House bill contained no similar provi- The conferees recommend authorization of The conferees agree that the United States sion. appropriations of $8,443,742,000 for military should more vigorously undertake efforts to The House recedes with an amendment construction and family housing, including negotiate an agreement with the United Na- that would update and clarify the provision general reductions and termination of prior tions to reimburse the Department of De- as a sense of Congress. year projects. H8414 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8415 H8416 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8417 H8418 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8419 H8420 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8421 H8422 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8423 H8424 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8425 H8426 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8427 H8428 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8429 H8430 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8431 H8432 CONGRESSIONAL RECORD — HOUSE September 22, 1998 Amended Budget Estimates—FY 1999 BRAC Military Amended Budget Estimates—FY 1999 BRAC Military Revitalization (40 units) at Fort Richardson, Construction Projects Construction Projects—Continued Alaska; $8,800,000 for Whole Neighborhood Revitalization Phase II (104 units) at Fort [In thousands of dollars] [In thousands of dollars] Campbell, Kentucky; and $3,650,000 for Whole Component/State/Project Description BRAC round Amount Component/State/Project Description BRAC round Amount Neighborhood Revitalization (36 units) at White Sands Missile Range, New Mexico. NAVY BRAC III CONSTRUCTION, FISCAL YEAR 1999 Virginia: LEGISLATIVE PROVISIONS ADOPTED Nevada: Naval Station, Norfolk: Naval Air Station, Fallon: Building Renovations and Alter- Authorized Army construction and land acquisi- Bachelor Office Quarters Phase II ations (317U) ...... IV 3,970 tion projects (sec. 2101) (P–XX1T) ...... III 11,100 Naval Air Station, Oceana: Strike Fighter Weapons School Ad- The House bill contained a provision (sec. Subtotal Navy Nevada ...... 11,100 ditions (163U) ...... IV 4,073 2101) that would authorize Army construc- Total for Navy Construction, FY 1999 ...... 11,100 Subtotal Navy Virginia ...... 8,430 tion projects for fiscal year 1999. The author- ARMY BRAC IV CONSTRUCTION, FISCAL YEAR 1999 Total for Navy BRAC IV Con- ized amounts are listed on an installation- struction, FY 1999 ...... 131,169 Alaska: by-installation basis. Fort Greely: AIR FORCE BRAC IV CONSTRUCTION, FY 1999 The Senate amendment contained a simi- Munitions Storage Facility (PN New York: lar provision. 47461) ...... IV 1,550 Stewart International Airport: Communications Training Complex The conference agreement includes a simi- Subtotal Army Alaska ...... 1,550 (WHAY 959635) ...... IV 6,000 lar provision. Colorado: The authorized amounts are listed on a in- Fitzsimons Army Medical Center: Subtotal Air Force New York ...... 6,000 Warehouse Addition (PN 47653) ..... IV 1,550 Oklahoma: stallation-by-installation basis. The state Reserve Center (PN 50296) ...... IV 2,750 Tinker AFB: list contained in this report is intended to be Alter Product Management the binding list of the specific projects au- Subtotal Army Colorado ...... 4,300 (WWYK990032) ...... IV 2,300 Indiana: Alter Engine Test Cell thorized at each location. Crane Army Ammunition Activity: (WWYK993200) ...... IV 3,800 Family housing (sec. 2102) Surveillance Test Facility (PN ADAL Fuel Air Facility 50057) ...... IV 1,850 (WWYK993201A) ...... IV 1,300 The House bill included a provision (sec. 2102) that would authorize new construction Subtotal Army Indiana ...... 1,850 Subtotal Air Force Oklahoma ...... 7,400 Maryland: Texas: and planning and design of family housing Fort Detrick: Kelly AFB: units for the Army for fiscal year 1999. The Physical Fitness Center (PN 48153) IV 3,050 Security Fence/Gates (MBPB authorized amounts are listed on an installa- Fort Meade: 993205R1) ...... IV 400 Administrative Facility DIS (PN Vehicle OPS/Maintenance Complex tion-by-installation basis. 46307) ...... IV 12,000 (MBPB 993213R1) ...... IV 6,200 The Senate amendment contained a simi- Administrative Facility ESSD Ren- Fuel Operations Facility (MBPB lar provision. ovation (PN 47770) ...... IV 2,900 993214R1) ...... IV 1,200 SDC–W Renovation—Pershing Hall Reconfigure Utility Systems (MBPB The conference agreement includes a simi- (PN 47237) ...... IV 6,300 993230) ...... IV 2,500 lar provision. The authorized amounts are listed on a in- Subtotal Army Maryland ...... 24,250 Subtotal Air Force Texas ...... 10,300 New York: Utah: stallation-by-installation basis. The state Fort Totten: Hill AFB: list contained in this report is intended to be Storage Facility (PN 46258) ...... IV 1,900 GTE Test Cell (KRSM 993009) ...... IV 2,100 the binding list of the specific projects au- Alter Product Management/Compos- Subtotal Army New York ...... 1,900 ites (KRSM983102) ...... IV 5,300 thorized at each location. Pennsylvania: F–117 Radar Facility (KRSM Improvements to military family housing units Letterkenny Army Depot: 983002) ...... IV 1,100 Enclave Fencing (PN 49714) ...... IV 1,150 (sec. 2103) Subtotal Air Force Utah ...... 8,500 The House bill contained a provision (sec. Subtotal Army Pennsylvania ...... 1,150 Various Locations: Virginia: Planning and Design (BCL 99RD4) IV 700 2103) that would authorize improvements to Fort Pickett: existing units of family housing for fiscal Reserve Center (PN–46354) ...... IV 3,100 Subtotal Air Force Various ...... 700 year 1999. Fort Lee: Total Air Force BRAC IV Con- WAC Museum (PN 50091) ...... IV 2,400 struction, FY 1999 ...... 32,900 The Senate amendment contained a simi- DEFENSE LOGISTICS AGENCY BRAC IV CONSTRUCTION, FY 1999 lar provision. Subtotal Army Virginia ...... 5,500 The conference agreement includes a simi- Various Locations: Utah: Program Management ...... IV 2,350 Defense Distribution Region West De- lar provision. fense Depot Hill, UT: Authorization of appropriations, Army (sec. Subtotal Army Various ...... 2,350 Deployable Medical Systems Ware- Total for Army BRAC IV Con- house ...... IV 31,000 2104) struction, FY 1999 ...... 42,850 Subtotal Defense Logistics Agen- The House bill contained a provision (sec. ARMY BRAC IV FAMILY HOUSING CONSTRUCTION, FY 1999 cy Utah ...... 31,000 2104) that would authorize specific appropria- Alaska: Total Defense Logistics Agency tions for each line item contained in the Fort Wainwright: Construction, FY 1999 ...... 31,000 Family Housing (PN 47530) ...... IV 1,700 Army’s budget for fiscal year 1999. This sec- tion would also provide an overall limit on TITLE XXI—ARMY Subtotal Army Family Housing the amount the Army may spend on military Alaska ...... 1,700 FISCAL YEAR 1999 Total Army Family Housing Con- construction projects. struction, FY 1999 ...... 1,700 Overview The Senate amendment contained a simi- NAVY BRAC IV CONSTRUCTION, FY 1999 The House bill would authorize lar provision. California: $2,010,036,000 for Army military construction The conference agreement includes a simi- Naval Air Weapons Station, Point Mugu: and family housing programs for fiscal year lar provision. Aviation Support Facilities (260U) .. IV 1,500 Maintenance and Training Facilities 1999. Modification of authority to carry out fiscal (261U) ...... IV 12,800 The Senate amendment would authorize year 1998 projects (sec. 2105) $2,037,965,000 for this purpose. Subtotal Navy California ...... 14,300 The conferees recommend authorization of The House bill contained a provision (sec. District of Columbia: 2105) that would amend the table in section Naval District of Washington: appropriations of $2,098,713,000 for Army NAVSEASYSCOM Headquarters military construction and family housing for 2101 of the Military Construction Authoriza- Building Relocation (009U) ...... IV 71,543 fiscal year 1999. tion Act for Fiscal Year 1998 (division B of Subtotal Navy District of Colum- Public Law 105-85) to provide for an increase bia ...... 71,543 The conferees agree to general reductions Hawaii: of $13,639,000 in the authorization of appro- in the amount authorized for the construc- Naval Telecommunications Center, priations for the Army military construction tion of an aerial gunnery range at Fort Makalapa: Drum, New York, and a whole barracks com- Building Addition (411U) ...... IV 920 and military family housing accounts. The reductions are to be offset by savings from plex renewal at Fort Sill, Oklahoma. Subtotal Navy Hawaii ...... 920 favorable bids, reduced overhead costs, and The Senate amendment contained a provi- New Jersey: sion (sec. 2105) that would provide for an in- McGuire AFB: cancellations due to force structure changes. Defense Courier Service Building The general reductions shall not cancel any crease in the amount authorized for the con- (935U) ...... IV 850 military construction authorized by title struction of the whole barracks complex re- newal at Fort Sill, Oklahoma, due to a Subtotal Navy New Jersey ...... 850 XXI of this Act. change in scope. Tennessee: ITEMS OF SPECIAL INTEREST Naval Support Activity, Memphis: The Senate recedes with a technical Building Renovation (329U) ...... IV 4,200 Improvements of Military Family Housing, amendment. Army Subtotal Navy Tennessee ...... 4,200 TITLE XXII—NAVY Texas: The conferees recommend that, within au- Naval Air Station, Corpus Christi: thorized amounts for improvements to mili- FISCAL YEAR 1999 Sled Ramp Facility and Land Ac- tary family housing and facilities, the Sec- Overview quisition (421U) ...... IV 13,313 retary of the Army execute the following The House bill would authorize Subtotal Navy Texas ...... 13,313 projects: $7,400,000 for Whole Neighborhood $1,776,726,000 for Navy military construction September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8433 and family housing programs for fiscal year The conference agreement includes a simi- Improvements to military family housing units 1999. lar provision. (sec. 2303) The Senate amendment would authorize Authorization to accept road construction The House bill contained a provision (sec. $1,762,298,000 for this purpose. project, Marine Corps Base, Camp Lejeune, 2303) that would authorize improvements to The conferees recommend authorization of North Carolina (sec. 2205) existing units of family housing for fiscal appropriations of $1,812,476,000 for Navy mili- The House bill contained a provision (sec. year 1999. tary construction and family housing for fis- 2205) that would authorize the Secretary of The Senate amendment contained a simi- cal year 1999. lar provision. The conferees agree to general reductions the Navy to accept a road construction project valued at $2,000,000 from the State of The conference agreement includes a simi- of $16,323,000 in the authorization of appro- lar provision. priations for the Navy military construction North Carolina at Marine Corps Base, Camp Authorization of appropriations, Air Force (sec. and military family housing accounts. The Lejeune, North Carolina. 2304) reductions are to be offset by savings from The Senate amendment contained no simi- favorable bids, reduction in overhead costs, lar provision. The House bill contained a provision (sec. and cancellation of projects due to force The Senate recedes. 2304) that would authorize specific appropria- structure changes. The general reductions TITLE XXIII—AIR FORCE tions for each line item in the Air Force’s shall not cancel any military construction FISCAL YEAR 1999 budget for fiscal year 1999. This section would also provide an overall limit on the authorized by title XXII of this Act. Overview amount the Air Force may spend on military ITEMS OF SPECIAL INTEREST The House bill would authorize construction projects. Improvements of military family housing, Navy $1,577,264,000 for Air Force military construc- The Senate amendment contained a simi- The conferees recommend that, within au- tion and family housing programs for fiscal lar provision. thorized amounts for improvements to mili- year 1999. The conference agreement includes a simi- tary family housing and facilities, the Sec- The Senate amendment would authorize lar provision. $1,729,050,000 for this purpose. retary of the Navy execute the following TITLE XXIV—DEFENSE AGENCIES projects: $10,000,000 for family housing im- The conferees recommend authorization of provements (171 units) at Marine Corps Base, appropriations of $1,679,978,000 for Air Force FISCAL YEAR 1999 Camp Pendleton, California; and $5,800,000 military construction and family housing for Overview for family housing improvements (80 units) fiscal year 1999. The House bill would authorize $648,664,000 at Naval Air Station, Whidbey Island, Wash- The conferees agree to general reductions for Defense Agencies military construction ington. of $24,584,000 in the authorization of appro- and family housing programs for fiscal year priations for the Air Force military con- LEGISLATIVE PROVISIONS ADOPTED 1999. The bill would also authorize struction and military family housing ac- $1,730,704,000 for base closure activities. Authorized Navy construction and land acquisi- counts. The reductions are to be offset by tion projects (sec. 2201) The Senate amendment would authorize savings from favorable bids, reduction in $607,919,000 for this purpose. The amendment The House bill contained a provision (sec. overhead costs, and cancellation of projects would also authorize $1,725,704,000 for base 2201) that would authorize Navy construction due to force structure changes. The general closure activities. projects for fiscal year 1999. The authorized reductions shall not cancel any military con- The conferees recommend authorization of amounts are listed on an installation-by-in- struction authorized by title XXIII of this appropriations of $585,358,000 for Defense stallation basis. Act. Agencies military construction and family The Senate amendment contained a simi- ITEMS OF SPECIAL INTEREST housing for fiscal year 1999. The conferees lar provision. also recommend authorization of appropria- The conference agreement includes a simi- Improvements of military family housing, Air tions of $1,630,902,000 for base closure activi- lar provision. Force ties. The authorized amounts are listed on a in- The conferees recommend that, within au- The conferees agree to a general reduction stallation-by-installation basis. The state thorized amounts for improvements to mili- of $13,300,000 in the authorization of appro- list contained in this report is intended to be tary family housing and facilities, the Sec- priations for the Defense Agencies military the binding list of the specific projects au- retary of the Air Force execute the following construction account. The general reduction thorized at each location. projects: $5,220,000 for family housing im- is to be offset by savings from favorable bids provements (68 units) at Moody Air Force Family housing (sec. 2202) and reduction in overhead costs. The con- Base, Georgia; $8,000,000 for family housing The House bill contained a provision (sec. ferees further agree to a general reduction of improvements (70 units) at Seymour Johnson 2202) that would authorize new construction $50,500,000 in the authorization of appropria- Air Force Base, North Carolina; and and planning and design of family housing tions for the chemical demilitarization pro- $9,110,000 for family housing improvements units for the Navy for fiscal year 1999. The gram. The reduction to the entire chemical (94 units) at Charleston Air Force Base, authorized amounts are listed on an installa- demilitarization program is based on unobli- South Carolina. tion-by-installation basis. gated prior year funds and delays in obtain- The Senate amendment contained a simi- LEGISLATIVE PROVISIONS ADOPTED ing the required environmental and con- lar provision. Authorized Air Force construction and land ac- struction permits. The general reductions The conference agreement includes a simi- quisition projects (sec. 2301) shall not cancel any military construction lar provision. The House bill contained a provision (sec. projects authorized by title XXIV of this The authorized amounts are listed on a in- 2301) that would authorize Air Force con- Act. stallation-by-installation basis. The state struction projects for fiscal year 1999. The The conferees agree to terminate $5,000,000 list contained in this report is intended to be authorized amounts are listed on an installa- in prior year authorization for the Military the binding list of the specific projects au- tion-by-installation basis. Unaccompanied Housing Improvement Fund. thorized at each location. The Senate amendment contained a simi- The termination is due to the absence of spe- Improvements to military family housing units lar provision. cific project activity under this account. (sec. 2203) The conference agreement includes a simi- The conferees agree to a general reduction The House bill contained a provision (sec. lar provision. of $33,102,000 in the authorization of appro- 2303) that would authorize improvements to The authorized amounts are listed on a in- priations for the Base Closure and Realign- existing units of family housing for fiscal stallation-by-installation basis. The state ment Accounts based on approved cost vari- year 1999. The authorized amounts are listed list contained in this report is intended to be ations which accelerated six construction on an installation-by-installation basis. the binding list of the specific projects au- projects from fiscal year 1999 to fiscal year The Senate amendment contained a simi- thorized at each location. 1998. The conferees agree to an additional general reduction of $31,000,000 based on re- lar provision. Family housing (sec. 2302) vised economic assumptions. The conferees The conference agreement includes a simi- The House bill contained a provision (sec. lar provision. are aware that the military departments 2302) that would authorize new construction have collected $35,700,000 more in proceeds Authorization of appropriations, Navy (sec. and planning and design of family housing from land sales and leases at closing or re- 2204) units for the Air Force for fiscal year 1999. aligning bases than reported in the fiscal The House bill contained a provision (sec. The Senate amendment contained a simi- year 1999 budget request and recommend an 2204) that would authorize specific appropria- lar provision. adjustment in the accounts to accommodate tions for each line item in the Navy’s budget The conference agreement includes a simi- these revenues. for fiscal year 1999. This section would also lar provision. LEGISLATIVE PROVISIONS ADOPTED provide an overall limit on the amount the The authorized amounts are listed on a in- Navy may spend on military construction stallation-by-installation basis. The state Authorized Defense Agencies construction and projects. list contained in this report is intended to be land acquisition projects (sec. 2401) The Senate amendment contained a simi- the binding list of the specific projects au- The House bill contained a provision (sec. lar provision. thorized at each location. 2401) that would authorize defense agencies H8434 CONGRESSIONAL RECORD — HOUSE September 22, 1998 construction projects for fiscal year 1999. TITLE XXV—NORTH ATLANTIC TREATY ORGA- serve by service component for fiscal year The authorized amounts are listed on an in- NIZATION SECURITY INVESTMENT PROGRAM 1999. stallation-by-installation basis. FISCAL YEAR 1999 The Senate amendment contained a simi- The Senate amendment contained a simi- lar provision. Overview lar provision. The conference agreement includes a simi- The conference agreement includes a simi- The House bill would authorize $169,000,000 lar provision. lar provision. for the U.S. contribution to the NATO Secu- The state list contained in this report is The authorized amounts are listed on a in- rity Investment Program for fiscal year 1999. intended to be the binding list of the specific stallation-by-installation basis. The state The Senate amendment would authorize projects authorized at each location. list contained in this report is intended to be $158,000,000 for this purpose. Modification of authority to carry out fiscal the binding list of the specific projects au- The conferees agree to authorize year 1998 project (sec. 2602) thorized at each location. $154,000,000 million for the U.S. contribution The House bill contained a provision (sec. to the NATO Security Investment Program. Improvements to military family housing units 2602) that would authorize the Secretary of (sec. 2402) LEGISLATIVE PROVISIONS ADOPTED the Army to accept financial or in-kind con- tributions from the State of Utah in connec- The House bill contained a provision (sec. Authorized North Atlantic Treat Organization tion with the construction of a reserve cen- 2402) that would authorize the Secretary of (NATO) construction and land acquisition projects (sec. 2501) ter and organizational maintenance shop in Defense to make improvements to existing Salt Lake City, Utah. The provision would units of family housing for fiscal year 1999. The House bill contained a provision (sec. also terminate the authorization for a simi- The Senate amendment contained a simi- 2501) that would authorize the Secretary of lar military construction project at Camp lar provision. Defense to make contributions to the North Williams, Utah authorized in section 2601 of The conference agreement includes a simi- Atlantic Treaty Organization Security In- the Military Construction Authorization Act lar provision. vestment program in an amount equal to the for Fiscal Year 1998 (division B of Public Law Energy conservation projects (sec. 2403) sum of the amount specifically authorized in 105–85). The House bill contained a provision (sec. section 2502 of H.R. 3616 and the amount of The Senate amendment contained a simi- 2403) that would authorize the Secretary of recoupment due to the United States for con- lar provision. Defense to carry out energy conservation struction previously financed by the United The House and Senate recede. projects. States. The conferees include a provision that The Senate amendment contained an iden- The Senate amendment contained an iden- amends section 2603 of the Military Con- tical provision. tical provision. struction Authorization Act for Fiscal Year The conference agreement includes this The conference agreement includes this 1998 (division B of Public Law 105–85) to di- rect the Secretary of the Army to enter into provision. provision. an agreement under which the State of Utah Authorization of appropriations, Defense Agen- Authorization of appropriations, NATO (sec. 2502) agrees to provide financial or in-kind con- cies (sec. 2404) tributions with regard to the construction of The House bill contained a provision (sec. The House bill contained a provision (sec. a reserve center and organizational mainte- 2404) that would authorize specific appropria- 2502) that would authorize appropriations of nance shop at an appropriate site in, or in tions for each line item in the Defense Agen- $169,000,000 as the United States contribution the vicinity of, Salt Lake City, Utah. to the North Atlantic Treaty Organization cies’ budget for fiscal year 1999. This section LEGISLATIVE PROVISIONS NOT ADOPTED (NATO) Security Investment Program. would also provide an overall limit on the National Guard Military Educational Facility, amount the Defense Agencies may spend on The Senate would authorize $158,000,000 for this purpose. Fort Bragg, North Carolina military construction projects. The Senate amendment contained a provi- The Senate amendment contained a simi- The conferees agree to authorize $154,000,000 for the United States contribu- sion (sec. 2603) that would authorize $1,000,000 lar provision. from the funds authorized for appropriations The conference agreement includes a simi- tion to the NATO Security Investment Pro- gram. by section 2601(1)(A) for the purpose of plan- lar provision. ning and design of a military educational fa- Repeal of fiscal year 1997 authorization of ap- TITLE XXVI—GUARD AND RESERVE FORCES cility for the Army National Guard at Fort propriations for certain military housing im- FACILITIES Bragg, North Carolina. provement program (sec. 2405) FISCAL YEAR 1999 The House bill contained no similar provi- The conferees include a provision which Overview sion. would amend section 2406(a) of the Military The Senate recedes. The House bill would authorize $309,025,000 The conferees note that this military edu- Construction Authorization Act for Fiscal for military construction and land acquisi- cational facility requires no additional fund- Year 1997 (division B of Public Law 104–201) tion for fiscal year 1999 for the Guard and Re- ing for planning and design and urge the Sec- to reduce the funding for the Department of serve components. retary of the Army to make every effort to Defense Military Unaccompanied Housing The Senate amendment would authorize include this construction requirement in the Improvement Fund by $5,000,000. The amend- $443,622,000 for this purpose. fiscal year 2000 future years defense program. ment would also make certain conforming The conferees recommend authorization of TITLE XXVII—EXPIRATION AND EXTENSION OF changes to section 2404 of that Act. appropriations of $480,315,000 for military AUTHORIZATIONS Modification of authority to carry out certain construction and land acquisition for fiscal LEGISLATIVE PROVISIONS ADOPTED fiscal year 1995 projects (sec. 2406) year 1999. This authorization would be dis- tributed as follows: Expiration of authorizations and amounts re- The House bill contained a provision (sec. quired to be specified by law (sec. 2701) 2405) that would amend the table in section Army National Guard ...... $142,403,000 The House bill contained a provision (sec. 2401 of the Military Construction Authoriza- Army Reserve ...... 102,119,000 2701) that would provide that authorizations tion Act for Fiscal Year 1995 (division B of Naval and Marine Corps for military construction projects, repair of Public Law 103–337), as amended, to provide Reserve ...... 31,621,000 real property, land acquisition, family hous- for an increase in the amount authorized for Air National Guard ...... 169,801,000 ing projects and facilities, contributions to military construction projects to support Air Force Reserve ...... 34,371,000 the North Atlantic Treaty Organization Se- chemical weapons and munitions destruction curity Investment Program, and guard and at Pine Bluff Arsenal, Arkansas, and The conferees agree to a general reduction of $2,000,000 in the authorization of appro- reserve projects will expire on October 1, Umatilla Army Depot, Oregon. 2001, or the date of enactment of an Act au- The Senate amendment contained a simi- priations for the Army National Guard mili- tary construction account and $4,000,000 in thorizing funds for military construction for lar provision. fiscal year 2002, whichever is later. This expi- The House recedes. the authorization of appropriations for the Air National Guard military construction ration would not apply to authorizations for Modification of authority to carry out fiscal account. The general reductions are to be which appropriated funds have been obli- year 1990 project (sec. 2407) offset by savings from favorable bids, reduc- gated before October 1, 2001, or the date of The House bill contained a provision (sec. tion in overhead costs, and cancellation of enactment of an Act authorizing funds for 2406) that would amend the table in section projects due to force structure changes. The these projects, whichever is later. 2401 of the Military Construction Authoriza- general reductions shall not cancel any mili- The Senate amendment contained an iden- tion Act for Fiscal Years 1990 and 1991 (divi- tary construction authorized by title XXVI tical provision. The conference agreement includes this sion B of Public Law 100–189) to provide for of this Act. an increase in the amount authorized for the provision. LEGISLATIVE PROVISIONS ADOPTED construction of a replacement hospital at Extension of authorizations of certain fiscal Naval Hospital, Portsmouth, Virginia. Authorized Guard and Reserve construction and year 1996 projects (sec. 2702) The Senate amendment contained a simi- land acquisition projects (sec. 2601) The House bill contained a provision (sec. lar provision. The House bill contained a provision (sec. 2702) that would provide for selected exten- The Senate recedes with a clarifying 2601) that would authorize appropriations for sion of certain fiscal year 1996 military con- amendment. military construction for the guard and re- struction authorizations until October 1, September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8435 1999, or the date of the enactment of an Act housing units in Korea, the number of leases Subtitle B—Real Property and Facilities authorizing funds for military construction for which the maximum amount is $25,000 per Administration for fiscal year 2000, whichever is later. unit per year. Exceptions to real property transaction report- The Senate amendment contained a simi- The House bill contained no similar provi- ing requirements for war and certain emer- lar provision. sion. gency and other operations (sec. 2811) The House recedes with a technical amend- The House recedes. The Senate amendment contained a provi- ment. sion (sec. 2812) that would amend section 2662 Extension of authorization of fiscal year 1995 Definition of ancillary supporting facilities of title 10, United States Code, to waive the project (sec. 2703) under the alternative authority for acquisi- reporting requirements for certain real es- The House bill contained a provision (sec. tion and improvement of military housing tate transactions. The provision would mod- 2703) that would provide for selected exten- (sec. 2803) ify the reporting requirements in the event sion of certain fiscal year 1995 military con- The House bill contained a provision (sec. of a declaration of war, a national emer- struction authorizations until October 1, 2801) that would amend section 2871 of title gency, a natural disaster, a contingency op- 1999, or the date of the enactment of the Act 10, United States Code, to clarify that the eration, or a civil disturbance. In the event authorizing funds for military construction development of ancillary supporting facili- the secretary of a military department en- for fiscal year 2000, whichever is later. ties in military housing projects undertaken ters into a real property agreement under The Senate amendment contained an iden- under the authority of subchapter IV, chap- these conditions, the secretary would be re- quired to submit a report on the agreement tical provision. ter 169 of title 10, United States Code, may to the Committee on the Armed Services of The conference agreement includes this include the development of educational fa- the Senate and the National Security Com- provision. cilities to support the needs of dependents of mittee of the House of Representatives, not Effective date (sec. 2704) military personnel. later than 30 days after entering into the The House bill contained a provision (sec. The Senate amendment contained no simi- agreement. 2704) that would provide that Titles XXI, lar provision. The House bill contained no similar provi- XXII, XXIII, XXIV, XV, and XXVI of this bill The Senate recedes. sion. shall take effect on October 1, 1998, or the The House recedes with a technical amend- date of the enactment of this Act, whichever Purchase of build-to-lease family housing at ment. is later. Eielson Air Force Base, Alaska (sec. 2804) Restoration of Department of Defense lands The Senate amendment contained an iden- The Senate amendment contained a provi- used by another federal agency (sec. 2812) tical provision. sion (sec. 2831) that would authorize the Sec- The House bill contained a provision (sec. The conference agreement includes this retary of the Air Force to purchase a 366-unit 2811) that would amend section 2662 of title provision. military family housing development at 10, United States Code, to provide the au- LEGISLATIVE PROVISIONS NOT ADOPTED Eielson Air Force Base, Alaska, constructed thority for the secretary of a military de- Authorization of additional military construc- and leased by the Secretary under the au- partment to require, as a condition of a tion and military family housing projects thority provided by section 801 of the Mili- lease, permit, license, or other grant of ac- The Senate amendment contained a provi- tary Construction Authorization Act for Fis- cess to lands under the control of the sec- sion (sec. 2704) that would authorize for ap- cal Year 1984 (Public Law 98–115). The pur- retary to another federal agency, the re- propriation $200,000,000 in additional military chase price of the housing development moval of any improvements or the taking of construction and military family housing would be an amount equal to the amount of any corrective action necessary to restore projects for fiscal year 1999. the outstanding indebtedness of the devel- the land used by another federal agency to The House bill contained no similar provi- oper for the project which would remain at the condition the land was in prior to such sion. the time of the purchase if the developer had use. The Senate amendment contained a simi- The House recedes and the Senate recedes. paid down the indebtedness to the lender ac- lar provision (sec. 2814) that would amend The conferees note that the disposition of cording to the original payment schedule for section 2691 of title 10, United States Code, the military construction projects contained the project. to authorize the secretary of the military de- in the Senate amendment is addressed by The House bill contained no similar provi- partment concerned to require users of De- title XXI, title XXII, and title XXIII of this sion. partment of Defense lands to restore lands Act where appropriate. The House recedes. upon expiration of their use or to reimburse TITLE XXVIII—GENERAL PROVISIONS Report relating to improvement of housing for the military department for performing the LEGISLATIVE PROVISIONS ADOPTED unaccompanied members (sec. 2805) restoration. Subtitle A—Military Construction and The House recedes. The Senate amendment contained a provi- Military Family Housing Changes Outdoor recreation development on military in- sion (sec. 2834) that would require the Sec- stallations for disabled veterans, military Architectural and engineering services and con- retary of Defense to submit a report on the struction design (sec. 2801) dependents with disabilities, and other per- costs and benefits of implementing the ini- sons with disabilities (sec. 2813) The Senate amendment contained a provi- tiative to build single occupancy barracks The House bill contained a provision (sec. sion (sec. 2801) that would amend section 2807 rooms with shared bath, generally known as 2812) that would amend section 103 of the (a) and (d) of title 10, United States Code, to the ‘‘one-plus-one’’ barracks initiative. The Sikes Act (10 U.S.C. 670c) to ensure, to the clarify the authority to use design funds provision would prohibit the Secretary from maximum extent practicable, that opportu- after a project has been authorized and to requesting additional funding for the ‘‘one- nities for outdoor recreation on military in- use design funds for the design portion of a plus-one’’ barracks initiative unless he cer- stallations would be equally available with- design-build contract. The provision would tifies that it is necessary to assure reten- out substantial modification of the natural also clarify that ‘‘planning’’ and ‘‘study’’ ef- tion, in adequate numbers, of first-term en- environment, to disabled veterans, military forts associated with military construction listed members of the Armed Forces. dependents with disabilities, and other per- projects are not authorized uses of design The House bill contained no similar provi- sons with disabilities. funds. The provision would also amend sion. The Senate amendment contained no simi- 2807(b) of title 10, United States Code, to in- The House recedes with an amendment lar provision. crease the threshold for congressional notifi- that would broaden the scope of the report to The Senate recedes with an amendment cation for payment of architectural and en- include the plans of the military depart- that would limit donations to items of real gineering services and construction design ments to improve unaccompanied military or personal property. from $300,000 to $500,000. personnel housing, a cost comparison of im- The conferees expect the Secretary of De- The House bill contained no similar provi- plementing the ‘‘one-plus-one’’ initiative fense to fund the requirements of this provi- sion. versus improving existing facilities, and an sion without increasing amounts previously The House recedes with an amendment assessment of the authorities provided by planned for activities under the Sikes Act. that would strike paragraph (a) of the Sen- subchapter IV of chapter 169 of title 10, Report on leasing and other alternative uses of ate amendment modifying section 2807(a) of United States Code. The report would in- non-excess military property (sec. 2814) title 10, United States Code, regarding cov- clude the views of the chiefs and senior en- The Senate amendment contained a provi- ered projects. listed members of each the military services sion (sec. 2836) that would require the Sec- Expansion of Army overseas family housing regarding the impact of the quality of unac- retary of Defense to submit, not later than lease authority (sec. 2802) companied military housing on readiness and February 1999, a report on the Department of The Senate amendment contained a provi- retention of enlisted members of the Armed Defense’s use of the authority provided by sion (sec. 2802) that would amend section Forces. The amendment would also strike section 2667 of title 10, United States Code. 2828(e) of title 10, United States Code, to au- the requirement for the Secretary to certify The report would address the number and thorize the Secretary of the Army to in- that the ‘‘one-plus-one’’ initiative assures purpose of leases entered into under section crease, by no more than 500 family housing the retention of first-term enlisted members 2667, the type and amount of payments re- units in Italy and no more than 800 family in sufficient numbers. ceived, the cost, if any, foregone as a result H8436 CONGRESSIONAL RECORD — HOUSE September 22, 1998 of the leases, the positive and negative as- Military Construction Authorization Act for to Public Law 90-276, section 813 of the Mili- pects of leasing, the efforts to promote these Fiscal Year 1998 (division B of Public Law tary Construction Authorization Act, 1980 type leases to the private sector, any legisla- 105–85) to eliminate the authority of the (Public Law 96-125), and section 813 of the tive proposal to enhance the Department’s President to waive the prohibition against Military Construction Authorization Act, capability to lease to the private sector, an the direct or indirect conveyance, by sale, 1984 (Public Law 98-115). estimate of income that could potentially be lease, or other method, of real property at The Senate amendment contained no simi- accrued as a result of enhanced leasing capa- the former Naval Station, Long Beach, Cali- lar provision. bility, and a discussion on retaining any in- fornia, under the authority provided by the The Senate recedes with a clarifying come from these leases at the installation. Defense Base Closure and Realignment Act amendment. The House bill contained no similar provi- of 1990 (part A of title XXIX of Public Law Conveyance of utility systems, Lone Star Army sion. 101–510) to the China Ocean Shipping Com- Ammunition Plant, Texas (sec. 2834) The House recedes with an amendment pany or any successor of that organization. The Senate amendment contained a provi- that would require the Secretary of Defense The Senate amendment contained no simi- to submit a report regarding the authority of sion (sec. 2830C) that would authorize the lar provision. conveyance, at fair market value, of all or the military departments and Defense Agen- The Senate recedes. cies to lease to the private sector non-excess part of the utility systems at the Lone Star real and personal property. The report would Payment of stipulated penalties assessed under Army Ammunition Plant, Texas, to the Re- be prepared in consultation with the sec- CERCLA in connection with McClellan Air development Authority for the Red River retaries of the military departments and the Force Base, California (sec. 2823) Army Depot in conjunction with the disposal Director of the Office of Management and The House bill contained a provision (sec. of property at the Depot under the Defense Budget. The amendment would include an 2821) that would authorize the use of funds Base Closure and Realignment Act of 1990 assessment of the proposal by the Secretary from the base realignment and closure ac- (part A of title XXIX of Public Law 101-510). of the Air Force to reduce infrastructure count for the payment of a $15,000 stipulated The House bill contained no similar provi- costs at Brooks Air Force Base, Texas, and penalty assessed under the Comprehensive sion. the proposal of the Secretary of the Navy re- Environmental Response, Compensation and The House recedes with an amendment garding the potential for the development of Liability Act of 1980 in connection with the that would require the fair market value of Ford Island as part of Naval Complex, Pearl closure of McClellan Air Force Base, Califor- the conveyed utility systems and any associ- Harbor, Hawaii. The Secretary of Defense nia. ated real property to be determined by an shall, as he considers appropriate, also in- The Senate amendment contained a simi- independent appraisal. The amendment clude proposed general legislative authority lar provision (sec. 324). would also make certain technical correc- or authority to conduct pilot projects based The Senate recedes. tions. on the assessment made of the proposals for Subtitle D—Land Conveyances Conveyance of water rights and related inter- ests, Rocky Mountain Arsenal, Colorado, Brooks Air Force Base and Ford Island. The Part I—Army Conveyances amendment would also make certain tech- for purposes of acquisition of perpetual con- Modification of land conveyance, Army Reserve nical and conforming changes. tracts for water (sec. 2835) Center, Youngstown, Ohio (sec. 2831) Report on implementation of utility system con- The Senate amendment contained a provi- veyance authority (sec. 2815) The Senate amendment contained a provi- sion (sec. 2828) that would authorize the Sec- sion (sec. 2830B) that would authorize the The House bill contained a provision (sec. retary of the Army to convey, with consider- Secretary of the Army to convey, without 2813) that would require the secretary of ation, water rights at Rocky Mountain Arse- consideration, to the City of Youngstown, each military department to submit to Con- nal, Colorado to the City and County of Den- Ohio, a parcel of real property, including im- gress, not later than March 1, 1999, a report ver, Colorado. The provision would authorize provements thereon, that is located at 399 with a description of the criteria to be used the Secretary to replace the current unreli- Miller Street and contains the Kefurt Army by the secretary in the selection of utility able water source at the Arsenal with a con- Reserve Center. The property is to be used systems and related real property for con- stant water supply, consistent with an agree- for educational purposes. The provision veyance pursuant to the authority provided ment entered into by the Secretary to pro- would also repeal section 2861 of the Military by section 2688 of title 10, United States vide water to local communities affected by Construction Authorization Act for Fiscal Code, a description of the manner in which environmental contamination caused by the Year 1996 (division B of Public Law 104-106), the secretary will ensure that any such con- operation of the Arsenal. The provision which authorized a similar conveyance for a veyance would not adversely affect the na- would also provide for a permanent water different purpose. tional security of the United States and a supply for the wildlife refuge located at the The House bill contained no similar provi- list of utility systems which are likely to be Arsenal and water storage facilities. sion. The House bill contained no similar provi- conveyed. The House recedes with an amendment The Senate amendment contained no simi- sion. that would modify section 2861(b) of the Mili- lar provision. The House recedes. The Senate recedes with an amendment tary Construction Authorization Act for Fis- Land conveyance, Army Reserve Center, that would delete the requirement for a re- cal Year 1996 to authorize the conveyance for Massena, New York (sec. 2836) educational purposes. port containing a list of the utility systems The House bill contained a provision (sec. likely to be conveyed. The amendment would Release of interests in real property, former 2831) that would authorize the Secretary of also direct the secretary of each military de- Kennebec Arsenal, Augusta, Maine (sec. the Army to convey, without consideration, partment to assess the advisability of includ- 2832) a parcel of real property with improvements ing associated real property with the utility The Senate amendment contained a provi- in Massena, New York, to the Village of system to be conveyed. sion (sec. 2824) that would authorize the Sec- Massena. The property is to be used for rec- Subtitle C—Defense Base Closure and retary of the Army to release, without con- reational, educational, or other public pur- Realignment sideration, all right, title, and interest of the poses. The cost of any surveys necessary for Applicability of property disposal laws to leases United States in and to a parcel of real prop- the conveyance would be borne by the Vil- at installations to be closed or realigned erty consisting of approximately 40 acres lo- lage. under base closure laws (sec. 2821) cated in Augusta, Maine, and formerly The Senate amendment contained no simi- The Senate amendment contained a provi- known as the Kennebec Arsenal. The provi- lar provision. sion (sec. 2813) that would amend section sion would remove conditions on the convey- The Senate recedes with an amendment 2667(f)(1) of title 10, United States Code, to ance of the property to permit the State of that would require a reversionary interest of clarify that the Federal Property and Ad- Maine and the City of Augusta to redevelop the United States for a five year period, be- ministrative Services Act of 1949, does not the property in support of a museum and for ginning on the date the Secretary makes the apply to the lease of excess property at clos- commercial activities. conveyance. ing or realigned installations if the secretary The House bill contained no similar provi- Land conveyance, Army Reserve Center, of a military department determines that sion. Ogdensburg, New York (sec. 2837) The House recedes. such lease would facilitate state or local eco- The House bill contained a provision (sec. nomic adjustment efforts. Release waiver, or conveyance of interests in 2832) that would authorize the Secretary of The House bill contained no similar provi- real property, former Redstone Army Arse- the Army to convey, without consideration, sion. nal property, Alabama (sec. 2833) a parcel of real property with improvements The House recedes with a clarifying The House bill contained a provision (sec. in Ogdensburg, New York, to the Town of amendment. 2837) that would authorize the Secretary of Ogdensburg. The property is to be used for Elimination of waiver authority regarding pro- the Army to release, without consideration recreational, educational, or other public hibition against certain conveyances of and to such extent necessary to protect the purposes. The cost of any surveys necessary property at Naval Station, Long Beach, interests of the United States, the reversion- for the conveyance would be borne by the California (sec. 2822) ary interests of the United States in a parcel Town. The House bill contained a provision (sec. of real property conveyed to the Alabama The Senate amendment contained no simi- 2822) that would amend section 2826 of the Space Science Exhibit Commission pursuant lar provision. September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8437 The Senate recedes with an amendment The Senate recedes with an amendment The Senate amendment contained a simi- that would require a reversionary interest of that would require the Secretary of the lar provision (sec. 2823). the United States for a five year period, be- Army to submit a report to the congres- The House recedes. ginning on the date the Secretary makes the sional defense committees certifying that Land conveyance, Stewart Army Sub-Post, New conveyance. the relocation of reserve units and activities Windsor, New York (sec. 2845) impacted by the conveyance is consistent Land conveyance, Army Reserve Center, James- The House bill contained a provision (sec. with an approved master plan for the con- town, Ohio (sec. 2838) 2834) that would authorize the Secretary of solidation of reserve activities in the vicin- The House bill contained a provision (sec. the Army to convey, without consideration, ity of Chicago, Illinois. The Secretary may 2833) that would authorize the Secretary of a parcel of real property with improvements, not convey the property until 21 days after the Army to convey, without consideration, consisting of approximately 391 acres, to the the date he submits the report. a parcel of real property with improvements Town of New Windsor, New York. The prop- in Jamestown, Ohio, to the Greeneview Land conveyance, Skaneateles, New York (sec. erty is to be used for economic development Local School District. The property is to be 2842) purposes. The cost of any surveys necessary used for educational purposes. The cost of The Senate amendment contained a provi- for the conveyance would be borne by the any surveys necessary for the conveyance sion (sec. 2830A) that would authorize the Town. would be borne by the District. Secretary of the Army to convey, without The Senate amendment contained no simi- The Senate amendment contained no simi- consideration, a parcel of real property with lar provision. lar provision. improvements consisting of approximately The Senate recedes with an amendment The Senate recedes with an amendment 147 acres to the Town of Skaneateles, New that would specify that the purpose of the that would require a reversionary interest of York. The purpose of the conveyance would conveyance would be for economic develop- the United States for a five year period, be- be for recreational and educational purposes. ment. The amendment would include as a ginning on the date the Secretary makes the The provision would contain a reversionary condition of conveyance that the Town agree conveyance. The amendment would also clause in the event that the Secretary of the to provide connections to local waste water make certain technical corrections. Army determines that the property is not and sewage treatment systems for existing Land conveyance, Army Reserve Center, Peoria, used in accordance with the condition of con- and future improvements to property re- Illinois (sec. 2839) veyance. tained by the Army Reserve and the Marine The Senate amendment contained a provi- The House bill contained no similar provi- Corps. The Town would also provide waste sion (sec. 2830) that would authorize the Sec- sion. water and sewage services at rates estab- The House recedes with an amendment retary of the Army to convey, without con- lished by the appropriate Federal or State that would limit the reversionary interest of sideration, a parcel of real property with im- regulatory authority. the United States to a five year period, be- provements to Peoria School District #150, Part II—Navy Conveyances Peoria, Illinois. The purpose of the convey- ginning on the date the Secretary makes the ance would be for education, training, main- conveyance. The amendment would also Conveyance of easement, Marine Corps Base, tenance, and transportation facilities. The make certain technical corrections. Camp Pendleton, California (sec. 2851) provision would contain a reversionary Land conveyance, Indiana Army Ammunition The House bill contained a provision (sec. clause in the event that the Secretary of the Plant, Charlestown, Indiana (sec. 2843) 2841) that would authorize the Secretary of Army determines that the property is not The House bill contained a provision (sec. the Navy to grant an easement in perpetuity used in accordance with the condition of con- 2835) that would authorize the Secretary of over a parcel of real property, consisting of veyance. the Army to convey a parcel of real property approximately 340 acres, to the Foothill/ The House bill contained no similar provi- with improvements, consisting of approxi- Eastern Transportation Corridor Agency. sion. mately 4,660 acres at the Indiana Army Am- The easement is to be used to permit the The House recedes with an amendment munition Plant, Charlestown, Indiana, to the construction, operation, and maintenance of that would limit the reversionary interest of Indiana Army Ammunition Plant Reuse Au- a restricted access highway. As consider- the United States to a five year period, be- thority. The property is to be used for eco- ation for the easement, the Agency would ginning on the date the Secretary makes the nomic development purposes. As consider- pay to the United States an amount equal to conveyance. The amendment would also ation for the conveyance, the Authority the fair market value of the easement. The make certain technical corrections. would pay to the United States an amount cost of any surveys necessary for the ease- Land conveyance, Army Reserve Center, equal to the fair market value of the prop- ment would be borne by the Agency. Bridgton, Maine (sec. 2840) erty at the end of the ten year period, begin- The Senate amendment contained no simi- The Senate amendment contained a provi- ning on the date the conveyance is com- lar provision. sion (sec. 2822) that would authorize the Sec- pleted. The cost of any surveys necessary for The Senate recedes with a technical retary of the Army to convey, without con- the conveyance, and any additional adminis- amendment. sideration, a parcel of excess real property trative expenses, would be borne by the Au- Land exchange, Naval Reserve Readiness Cen- with improvements consisting of approxi- thority. This section would also amend sec- ter, Portland, Maine (sec. 2852) mately 3.65 acres to the Town of Bridgton, tion 2858(a) of the Military Construction Au- The House bill contained a provision (sec. Maine. The purpose of the conveyance would thorization Act for Fiscal Year 1996 (division 2842) that would authorize the Secretary of be for public benefit to facilitate the expan- B of Public Law 104- 106), as amended, to au- the Navy to convey a parcel of real property, sion of a municipal office complex. The pro- thorize the Secretary of the Army to convey, with improvements, consisting of approxi- vision would include a reversionary clause in without consideration, an additional parcel mately 3.72 acres, to the Gulf of Maine the event that the Secretary determines that of real property consisting of approximately Aquarium Development Corporation. As con- the conveyed property is not in accordance 2,000 acres at the Indiana Army Ammunition sideration for the conveyance, the Corpora- with the condition of conveyance. Plant, Charlestown, Indiana, to the State of tion would pay to the United States an The House bill contained no similar provi- Indiana. The property is to be used for rec- amount equal to the fair market value of the sion. reational purposes. property. The Secretary would use the funds The House recedes with an amendment The Senate amendment contained a simi- paid by the Corporation for the design, con- that would limit the reversionary interest of lar provision (sec. 2821). struction, or acquisition of facilities suitable the United States to a five year period begin- The Senate recedes with a technical for use by the Naval Reserve. ning on the date the Secretary makes the amendment. The Senate amendment contained a simi- conveyance. The amendment would also Land conveyance, Volunteer Army Ammunition lar provision (sec. 2825) that would authorize make certain technical corrections. Plant, Chattanooga, Tennessee (sec. 2844) the Secretary of the Navy to convey a parcel Land conveyance, Fort Sheridan, Illinois (sec. The House bill contained a provision (sec. of real property consisting of approximately 2841) 2836) that would authorize the Secretary of 3.72 acres, including adjacent submerged The House bill contained a provision (sec. the Army to convey a parcel of real property lands, and the Naval Reserve Readiness Cen- 2838) that would authorize the Secretary of with improvements, consisting of approxi- ter, in Portland, Maine, to the Gulf of Maine the Army to convey, at fair market value, to mately 1,033 acres at the Volunteer Army Aquarium Development Corporation, Port- the City of Lake Forest, Illinois, approxi- Ammunition Plant, Chattanooga, Tennessee, land, Maine, for the purpose of establishing mately 14 acres, including improvement, to Hamilton County, Tennessee. The prop- an aquarium and research facility. In ex- known as the northern Army reserve en- erty is to be used for economic development change for the conveyance, the corporation clave. The Secretary of the Army would be purposes. As consideration for the convey- would provide replacement facilities for the authorized, subject to appropriations, to use ance, the County would pay to the United Naval Reserve, as the Secretary determines the proceeds from the conveyance to provide States an amount equal to the fair market appropriate. for the construction of replacements facili- value of the property at the end of the ten The House recedes with an amendment ties and for the relocation costs for reserve year period, beginning on the date the con- that would require the Secretary of the Navy units and activities affected by the convey- veyance is completed. The cost of any sur- to provide a report to the congressional de- ance. veys necessary for the conveyance, and any fense committees on the terms and condi- The Senate amendment contained no simi- additional administrative expenses, would be tions of the agreement between the Sec- lar provision. borne by the County. retary and the Corporation. The Secretary H8438 CONGRESSIONAL RECORD — HOUSE September 22, 1998 may not convey the property until 21 days The House recedes with an amendment The Senate amendment contained a simi- after the date he submits the report. that would limit the reversionary interest of lar provision. Land conveyance, Naval and Marine Corps Re- the United States to a five year period, be- The Senate recedes. serve facility, Youngstown, Ohio (sec. 2853) ginning on the date the Secretary makes the Modification of demonstration project for pur- The House bill contained a provision (sec. conveyance. The amendment would also chase of fire, security, police, public works, 2843) that would authorize the Secretary of strike section (c) regarding authority to con- and utility services from local government the Navy to convey, without consideration, a duct abatement of hazardous substances. The agencies (sec. 2873) parcel of real property with improvements in conferees note that the Secretary of the Air The House bill contained a provision (sec. Youngstown, Ohio, to the City of Youngs- Force, under existing statute, has the au- 2864) that would amend section 816(b) of the town, Ohio. The purpose of the conveyance thority and responsibility to abate hazard- National Defense Authorization Act for Fis- would be for educational purposes. The cost ous materials. cal Year 1995 (Public Law 103–337), as amend- of any survey necessary for the conveyance Land conveyance, Lake Charles Air Force Sta- ed, to extend the period under which a dem- would be borne by the city. tion, Louisiana (sec. 2863) onstration project is authorized for the pur- The Senate amendment contained no simi- The House bill contained a provision (sec. chase of fire, security, police, public works, lar provision. 2851) that would authorize the Secretary of and utility services from local government The Senate recedes with an amendment the Air Force to convey, without consider- at specified locations in Monterey, Califor- that would require a reversionary interest of ation, a parcel of real property with im- nia. the United States for a five year period, be- provements, consisting of approximately 4.38 The Senate amendment contained no simi- ginning on the date the Secretary makes the acres, at Lake Charles Air Force Station, lar provision. conveyance. The amendment would also Louisiana, to McNeese State University. The The Senate recedes with an amendment make certain technical corrections. property is to be used for educational pur- that would amend section 816 of the National Land conveyance, Naval Air Reserve Center, poses and for agricultural research. The cost Defense Authorization Act for Fiscal Year Minneapolis, Minnesota (sec. 2854) of any surveys necessary for the conveyance 1995, as amended, by adding new section that The Senate amendment contained a provi- would be borne by the University. would terminate the demonstration project sion (sec. 2829) that would authorize the Sec- The Senate amendment contained a simi- effective September 30, 2000. retary of the Navy to convey or lease a par- lar provision (sec. 2826). The provision would Designation of building containing Navy and cel of real property, with improvements con- condition the conveyance upon the accept- Marine Corps Reserve Center, Augusta, sisting of approximately 32 acres, comprising ance by the University of the property sub- Georgia (sec. 2874) the Naval Air Reserve Center, Minneapolis, ject to such easements or rights of way as The House bill contained a provision (sec. Minnesota, to the Minneapolis-St. Paul Met- the Secretary considers appropriate. The 2862) that would designate the building hous- ropolitan Airports Commission. The purpose provision would include a reversion clause in ing the Navy and Marine Corps Reserve Cen- of the conveyance would be for expansion of the event that the Secretary determines that ter in Augusta, Georgia, as the A. James the Minneapolis- St. Paul International Air- the conveyed property is not used in accord- Dyess Building. port. In consideration, the Commission shall ance with the condition of conveyance. The Senate amendment contained no simi- provide a replacement facility, acceptable to The Senate recedes with an amendment lar provision. the Secretary of the Navy, to be used as a that would require a reversionary interest of The Senate recedes. the United States for a five year period, be- Naval Air Reserve Center. The provision LEGISLATIVE PROVISIONS NOT ADOPTED would also require the Commission to as- ginning on the date the Secretary makes the Expansion of Arlington National Cemetery sume the relocation expenses. conveyance. The House bill contained no similar provi- Land conveyance, Air Force Housing facility, The House bill contained a provision (sec. sion. La Junta, Colorado (sec. 2864) 2863) that would authorize the transfer of The House recedes with an amendment real property and exchange of jurisdiction The House bill contained a provision (sec. that would modify the alternative lease au- between the Secretary of Defense and the 2852) that would authorize the Secretary of thority. The amendment would also include Secretary of the Army to provide for an ex- the Air Force to convey, without consider- a notice-and-wait provision and make cer- pansion of Arlington National Cemetery, ation, a parcel of real property with im- tain technical corrections. Virginia. The property to be transferred to provements, consisting of approximately 28 Part III—Air Force Conveyances the administrative jurisdiction of the Sec- acres, to the City of La Junta, Colorado. The retary of the Army consists of three parcels, Modification of land conveyance authority, property is to be used for housing and edu- totaling approximately 36.5 acres, located at Eglin Air Force Base, Florida (sec. 2861) cational purposes. The cost of any surveys the Navy Annex of the Pentagon. The provi- The Senate amendment contained a provi- necessary for the conveyance would be borne sion would also require the Secretary of the sion (sec. 2827) that would amend the Mili- by the City. Army to modify the boundary of Arlington tary Construction Authorization Act, 1979 The Senate amendment contained no simi- National Cemetery to include two parcels of (Public Law 95-356), as amended by the Mili- lar provision. real property, totaling approximately eight tary Construction Authorization Act, 1989 The Senate recedes with an amendment acres, situated in Fort Myer, Virginia, con- (division B of Public Law 100-456), to author- that would require a reversionary interest of tiguous to the Cemetery. ize the conveyance, at fair market value, of the United States for a five year period, be- The Senate amendment contained no simi- an additional parcel of real property consist- ginning on the date the Secretary makes the lar provisions. ing of approximately four acres at Eglin Air conveyance. The amendment would also The House recedes. Force Base, Florida, to the Air Force En- make certain technical corrections. The conferees note that Arlington Na- listed Men’s Widows and Dependents Home Subtitle E—Other Matters tional Cemetery may be able to accommo- Foundation, Inc. Modification of authority relating to Depart- date ground burials through approximately The House bill contained no similar provi- ment of Defense laboratory revitalization the year 2025. The conferees further note sion. demonstration program (sec. 2871) that this circumstance may not permit the The House recedes. accommodation of veterans who served in The Senate amendment contained a provi- Modification of land conveyance, Finley Air the armed forces during the Vietnam era. sion (sec. 2833) that would extend the author- Force Station, North Dakota (sec. 2862) The conferees direct the Secretary of the ity relating to the Department of Defense The Senate amendment contained a provi- Army, in coordination with the Secretary of Laboratory Revitalization Demonstration sion (sec. 2830D) that would amend section Defense and in consultation with the Com- Program authorized by section 2892 of the 2835 of the Military Construction Authoriza- monwealth of Virginia, the County of Arling- Military Construction Authorization Act for tion Act for Fiscal Year 1995 (division B of ton, Virginia, and appropriate federal agen- Fiscal Year 1996 (division B of Public Law Public Law 103-337) to authorize the Sec- cies, to assess the land requirements, 104–106) for a five year period, ending on Sep- retary of the Air Force to convey, without through either acquisition, exchange, or tember 30, 2003. The provision would require consideration, to the City of Finley, North transfer, that would permit an expansion of the Secretary of Defense to submit a report, Dakota, three parcels of real property with Arlington National Cemetery to accommo- not later than February 1, 2003, on the desir- improvements consisting of approximately date ground burials beyond the current esti- ability of making the program permanent. 77 acres. The purpose of the conveyance mated useful life of the cemetery. The con- The House bill contained no similar provi- would be for economic development. The pro- ferees direct the Secretary of the Army to sion. vision would contain a reversionary clause in assess the adequacy of the master planning The House recedes. the event that the Secretary of the Air Force process for the cemetery. The Secretary determines that the property is not used in Repeal of prohibition on joint use of Gray Army shall submit a report on the Department’s accordance to the condition of conveyance. Airfield, Fort Hood, Texas, with civil avia- findings, including any recommendations, to The Secretary would be authorized to abate tion (sec. 2872) the Congress no later than April 1, 1999. The any hazardous substance in the improve- The House bill contained a provision (sec. conferees further direct the Secretary to re- ments to be conveyed. 2861) that would repeal the prohibition on port periodically, as circumstances warrant, The House bill contained no similar provi- joint military-civilian use of Gray Army Air- on options to enhance Arlington National sion. field. Cemetery. September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8439 Increase in thresholds for reporting require- port would include proposed legislation for with the report required by section 2815 of ments relating to real property transactions carrying out the measures recommended. the National Defense Authorization Act for The Senate amendment contained a provi- The House bill contained no similar provi- Fiscal Year 1995 (Public Law 103–337), con- sion (sec. 2811) that would amend section 2662 sion. cerning the effects of base closures on the of title 10, United States Code, to increase The Senate recedes. ability of the armed forces to remobilize. the threshold for congressional notification The conferees agree to include a require- The House bill contained no similar provi- for real property transactions from $200,000 ment for the Secretary of Defense to assess sion. to $500,000. The transactions requiring notifi- the proposal of the Secretary of the Navy re- The Senate recedes. garding the potential for the development of cation include the purchase, lease, transfer, TITLE XXIX—JUNIPER BUTTE RANGE Ford Island, and to submit any proposed leg- and disposal of real property. WITHDRAWAL The House bill contained no similar provi- islation deemed appropriate, in section 2814 sion. concerning leasing and other alternative LEGISLATIVE PROVISIONS ADOPTED The Senate recedes. uses of non-excess military property. Juniper Butte Range withdrawal (secs. 2901– Beach replenishment, San Diego, California Repairs and stabilization measures at Walter 2919) Reed Army Medical Center The Senate amendment contained a provi- The Senate amendment contained title sion (sec. 2832) that would authorize the Sec- The Senate amendment contained a provi- XXIX (secs. 2901–2919) that would provide for retary of the Navy to use funds remaining sion (sec. 2837) that would authorize $2.0 mil- the withdrawal and reservation of approxi- from the Naval Air Station North Island, lion for repairs and stabilization efforts at mately 12,000 acres of public lands, known as California, dredging project authorized in Walter Reed Army Medical Center. the Juniper Butte Range, Idaho, to support section 2204(a)(1) of the Military Construc- The House bill contained no similar provi- enhanced military training at Mountain tion Authorization Act for Fiscal Year 1997 sion. Home Air Force Base, Idaho. (division B of Public Law 105–85) to carry out The Senate recedes. The House bill contained no similar provi- beach replenishment in and around San The conferees urge the Department of the sion. Diego, California. The provision would au- Army to allocate sufficient real property The House recedes with an amendment thorize the secretary to merge any funds maintenance funding to provide for the re- that would ensure that environmental reme- contributed to the cost of that project by the pair and stabilization of the Forest Glen diation of relinquished withdrawn lands con- State of California and by local governments Annex. forms to existing legal requirements, strike under the agreement under section 2205 of Modification of limitations on general authority the sense of the Senate regarding the mon- the Military Construction Authorization Act relating to base closures and realignments itoring of withdrawn lands, provide for in- for Fiscal Year 1997. The provision would The Senate amendment contained a provi- demnification of the United States against prohibit any obligation of funds to carry out sion (sec. 2851) that would amend section 2687 any liability related to mining activities, the beach replenishment project until 30 of title 10, United States Code, to further re- and make certain technical corrections. days after the date on which the Secretary strict the general authority of the Depart- The conferees direct the Department of the submits to the congressional defense com- ment of Defense regarding the closure and Air Force to develop a cooperative effort mittees a report. realignment of military installations. The with the Bureau of Land Management, the The House bill contained no similar provi- provision would reduce the current ceiling State of Idaho, and Owyhee County, Idaho, sion. for closure actions from 300 civilian person- to monitor the impact of military activities The Senate recedes. nel to 225, and reduce the current ceiling for on the natural, cultural, and other resources Upon completion of the dredging project at realignments from 1,000 civilians, or 50 per- of the lands withdrawn and reserved by this Naval Air Station, North Island, California, cent of the total civilian employment at a title, as well as other federal and state lands authorized by section 2204(a)(1) of the Mili- base to 750 or 40 percent respectively. affected by military activities associated tary Construction Authorization Act for Fis- The House bill contained no similar provi- with the Juniper Butte Range. The Sec- cal Year 1997, and any associated beach re- sion. retary of the Air Force shall ensure that plenishment activity otherwise authorized The Senate recedes. budgetary planning includes sufficient funds by law, the conferees direct the Secretary of to provide for the participation of the De- Prohibition on closure of a base within four the Navy to submit a report to the congres- partment of the Air Force in such a federal, years after a realignment of the base sional defense committees detailing the state, and local cooperative monitoring ef- total cost of the dredging project, the cost of The Senate amendment contained a provi- fort. The conferees expect that the budg- any beach replenishment activity conducted sion (sec. 2852) that would amend chapter 159 etary planning of the Department of the Air by the Secretary, and the contributions, if of title 10, United States Code, to prohibit Force will be consistent with the commit- any, provided by the State of California and the Department of Defense from obligating ment made by the Secretary of the Air local government agencies for beach replen- or expending any funds to close a military Force, in a letter dated June 11, 1998. ishment activities associated with activities installation that has been realigned within DIVISION C—DEPARTMENT OF ENERGY conducted by the Secretary. four years after the completion of any re- NATIONAL SECURITY AUTHORIZA- alignment that would reduce the number of Development of Ford Island, Hawaii TIONS AND OTHER AUTHORIZATIONS civilian personnel employed at that installa- The Senate amendment contained a provi- tion below 225. TITLE XXXI—DEPARTMENT OF ENERGY sion (sec. 2835) that would require the Sec- The House bill contained no similar provi- NATIONAL SECURITY PROGRAMS retary of Defense to submit, not later than sion. December 1, 1998, a report regarding the po- Overview The Senate recedes. tential for development of Ford Island with- The budget request for fiscal year 1999 con- in the Pearl Harbor Naval Complex, Oahu, Sense of Congress on further rounds of base clo- tained an authorization of $12,280.2 million Hawaii. The report would consider innova- sures for the Defense Nuclear Activities. The tive resource development measures, includ- The Senate amendment contained a provi- House bill would authorize $11,879.5 million. ing but not limited to, an enhanced-use leas- sion (sec. 2853) that would express the sense The Senate amendment would authorize ing program similar to that of the Depart- of Congress that Congress should not author- $11,920.9 million. The conferees recommended ment of Veterans Affairs, as well as the sale ize further rounds of base closure and re- an authorization of $11,950.2 million. Unless or other disposal of land in Hawaii under the alignment until all actions resulting from noted explicitly in the statement of man- control of the Navy as part of an overall pro- the 1995 round are completed and that the agers, all changes are made without preju- gram for Ford Island development. The re- Department of Defense should submit forth- dice. H8440 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8441 H8442 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8443 H8444 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8445 H8446 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8447 H8448 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8449 H8450 CONGRESSIONAL RECORD — HOUSE September 22, 1998 September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8451

LEGISLATIVE PROVISIONS ADOPTED Programs to create a stockpile stewardship search associated with the accelerator pro- Subtitle A—National Security Programs and management council to advise the As- duction of tritium option. Authorizations sistant Secretary on programmatic and The conferees direct the Secretary of En- ergy to submit to the congressional defense Weapons activities (sec. 3101) budget issues related to the Department’s weapons missions. The conferees address this committees a plan regarding how all fiscal The House bill contained a provision (sec. issue in a separate provision in this title. year 1999 tritium funds will be allocated. The 3101) that would authorize $4.5 billion for Consistent with the Senate report, the con- plan shall be submitted not later than 45 weapons activities and an offset of $340.9 mil- ferees direct the Secretary of Energy and days after enactment of this Act. lion to account for available uncosted, unob- Secretary of Defense to prepare a long range Inertial confinement fusion ligated prior year funds. plan identifying pit production require- The Senate bill contained a similar provi- The budget request included $213.8 million ments, including quantities by warhead type, sion (sec. 3101) that would authorize $4.5 bil- for the inertial confinement fusion (ICF) pro- schedules, costs, and siting options. The re- lion for weapons activities and an offset of gram. The conferees believe that work by the port should also identify the military re- $145.0 million to account for available University of Rochester’s Laboratory for quirements and assumptions underlying each uncosted, unobligated prior year funds. Laser Energetics with the Omega laser is an The House recedes in part and the Senate option and include options that reflect var- essential element of the ICF program. The recedes in part. ious potential stockpile levels. The report conferees recommend the requested amount The conferees recommend authorization of should be submitted to the Committee on and direct that, within the amount avail- $4.5 billion for atomic energy defense weap- Armed Services of the Senate and the Com- able, the $29.0 million be allocated for the ons activities of the Department of Energy, mittee on National Security of the House of Laboratory for Laser Energetics. a reduction of $2.0 million from the re- Representatives in both unclassified and Defense environmental restoration and waste quested amount of $4.5 billion. The amount classified form not later than March 1, 1999. management (sec. 3102) authorized is for the following activities: $2.1 Technology transfer and education The House bill contained a provision (sec. billion for stockpile stewardship, a reduction The conferees recommend $59.0 million for 3102) that would authorize $5.8 billion for de- of $40.0 million; $2.1 billion for stockpile technology transfer and education activities. fense environmental restoration and waste management activities, an increase of $62.1 Of this amount, the conferees recommend management activities (also known as the million; and $250.0 million for program direc- $10.0 million for the American Textiles Part- Environmental Management program), in- tion, a reduction of $10.5 million. The con- nership project. cluding defense environmental management ferees recommend an undistributed reduc- Program direction privatization, and an offset of $94.1 million tion of $13.6 million to stockpile stewardship to account for available uncosted, unobli- The conferees recommend a $10.5 million and stockpile management construction gated prior year funds, for a total reduction reduction to the budget request for program projects. The conferees further recommend of $76.4 million to the budget request. an undistributed reduction of $178.9 million direction. The conferees believe that the re- The Senate amendment contained a simi- to operating and management and program duction can be achieved through continued lar provision (sec. 3102) that would authorize direction funds to be offset by available efficiency savings to be gained from realign- $5.3 billion for defense environmental res- uncosted, unobligated prior year funds. ment efforts described in the Institute for toration and waste management activities, Defense Analysis report on the Department’s Stockpile stewardship programs excluding defense environmental manage- management structure for weapons activi- ment privatization, and an offset of $21.0 mil- The conferees recommend $487.0 million for ties. lion to account for available uncosted, unob- the Accelerated Strategic Computing Initia- Construction projects ligated prior year funds, for a total increase tive (ASCI) and Stockpile Computing pro- The conferees recommend a reduction of of $36.0 million to the budget request. gram, a reduction of $30.0 million. The con- The House recedes in part and the Senate ferees note that even at this reduced level of $30.0 million to stockpile stewardship and stockpile management construction recedes in part. funding, the ASCI program will experience The conferees recommend authorization of projects, to be allocated as follows: a reduc- significant growth over fiscal year 1998 fund- $5.4 billion for defense environmental man- tion of $11.0 million from the chemistry and ing levels. agement activities, excluding defense envi- metallurgy research facility renovation The conferees believe that the Department ronmental management privatization, an in- has not fully justified the rapid growth re- project (95–D–102) to reflect continued delays crease of $85.9 million to the budget request. quested for this program or the pace of ac- and suspended operations at that facility; a The amount authorized is for the following quisition of added computational capacities. reduction of $5.4 million from the nuclear activities: $1.0 billion for closure projects, an The conferees believe that the proposed re- material storage facility renovation project increase of $32.0 million; $1.0 billion for site duction will have no significant impact on (97–D–122) to reflect delays in final design and project completion, an increase of $20.0 the Department’s stockpile stewardship and and deferral of planned construction activi- million; $2.7 billion for post-2006 completion, management programs. The conferees ties; and an undistributed reduction of $13.6 an increase of $71.0 million; $250.0 million for strongly encourage the Department to slow million. technology development, an increase of $57.0 the rate of growth in this program in future The conferees compliment the Director of million; $346.2 million for program direction, fiscal years. Los Alamos National Laboratory on the es- the amount of the budget request. The con- The conferees support the Secretary of En- tablishment of an external evaluation team ferees recommend an undistributed reduc- ergy’s commitment to fund cooperative ef- to review laboratory construction projects, tion of $94.1 million to be offset by available forts with the Pittsburgh Supercomputing including laboratory management practices, uncosted, unobligated prior year funds. management tools, organization, and train- Center. The conferees note, however, that Post-2006 completion the utilization rate of existing DOE-owned ing. The conferees understand that the exter- nal team will make recommendations to the Of the amounts authorized for post-2006 supercomputers is very low. The conferees completion, the conferees recommend an in- direct the Secretary of Energy to report to Director for systematic improvements to current practices. The conferees endorse this crease of $5.0 million to the National Spent the congressional defense committees on the Fuel Program to address regulatory and re- approach. justification for such leases, and whether pository issues associated with Department any such leased capabilities can better meet Tritium production of Energy owned spent nuclear fuel, an in- the Department’s supercomputing needs in The conferees do not believe the Depart- crease of $10.0 million to accelerate research lieu of planned acquisitions proposed within ment’s fiscal year 1999 budget request of and treatment of high level nuclear wastes the ASCI program. $157.0 million for tritium production to be at the Idaho National Engineering and Envi- Stockpile management programs credible. The conferees note that the require- ronmental Laboratory, an increase of $18.0 Of the funds available for stockpile man- ment to deliver new tritium by the year 2005 million to drain single shell tanks at the agement, the conferees recommend an in- for the light water reactor and the year 2007 Hanford site, an increase of $30.0 million for crease of $58.5 million for weapons produc- for the accelerator, as identified in the Nu- augmentation of the Defense Waste Process- tion plants, to be allocated as follows: $25.0 clear Weapons Stockpile Memorandum, has ing Facility operations and modification of million for the Pantex Plant to support not changed. The conferees believe that the in-tank precipitation process equipment at scheduled workload requirements associated Department’s unwillingness to include fund- the Savannah River Site to address problems with weapons dismantlement activities and ing for the acquisition of a new tritium associated with the release of explosive ben- for skills retention; $15.5 million for the Kan- source in its proposed out year funding plan zene, and an increase of $8.0 million to assist sas City Plant to support advanced manufac- is unacceptable. Further, the conferees note the State of New Mexico with completion of turing efforts such as the Advanced Develop- that the fiscal year 1999 budget request does a bypass around Santa Fe to accomodate ment Program and for skills retention; $13.0 not appear to be sufficient to complete the shipments of materials to the Waste Isola- million for the Y–12 Plant to support mainte- Department’s own dual track tritium strat- tion Pilot Plant. The conferees recommend nance of core stockpile management capa- egy. The conferees are very concerned that full funding for the F-canyon and H-canyon materials processing facilities. bilities; and $5.0 million for the Savannah the Department did not request sufficient River Site to support infrastructure and funds to continue evaluation of both tech- Site and project completion maintenance activities. nologies being considered under the dual Of the amounts authorized for site and The Senate report (S. Rpt. 105–189) encour- track approach. The conferees recommend project completion, the conferees rec- aged the Assistant Secretary for Defense an increase of $20.0 million for design and re- ommend an increase of $20.0 million for the H8452 CONGRESSIONAL RECORD — HOUSE September 22, 1998 heavy water processing project at the Savan- Nonproliferation and verification and control in negotiating the bilateral agreement with nah River Site. The conferees understand technology the Russian Federation. The conferees en- that this project will result in net revenues The conferees agree to a $3.0 million in- courage the Department to continue its ef- to the government over the next five years. crease to the budget request for intelligence forts to achieve an agreement with the Rus- Technology development activities. The conferees also express their sian Federation on this program. In the in- The conferees are concerned that the budg- continued support for the broad participa- terim, the conferees direct the Department et request for the Office of Science and Tech- tion of the Department of Energy national to report periodically to the congressional nology is inadequate. Recent departmental laboratories, including the Pacific North- defense committees on the status of efforts testimony to the Committee on Armed Serv- west Laboratory, Idaho National Labora- to achieve agreement on this program, as ices of the Senate and findings in the ‘‘Accel- tory, the Savannah River Site and industry well as on the estimated cost and how the erating Cleanup—Pathways to Closure’’ re- in the research and development of forensic Russian Federation proposes to finance the port have identified that the Department analytical technologies to detect and re- program. cannot meet its accelerated closure goals spond to radiological and nuclear threats Security investigations without aggressive application of new tech- and international nuclear smuggling events. The conferees understand that the costs of nologies. The conferees agree with the De- Additionally, the conferees direct that the conducting security investigations is borne partment’s assessment of the need for in- Department ensure that all research and de- principally by individual departmental pro- creased use of innovative technology at DOE velopment activities in the area of chemical gram elements. The conferees further under- facilities. The conferees encourage the De- and biological detection and defense be co- stand that the amount requested by the De- partment to revise its performance measures ordinated with the Department of Defense. partment in the security investigations ac- for facility managers to include the applica- Russian reactor core conversion program count includes funds that are also included tion of new technology in site cleanup activi- in individual Departmental program element ties. The conferees endorse the recommendation contained in the Senate report (S. Rept. 105– budgets and are, therefore, double counted. The conferees encourage DOE to continue In order to reflect the true costs of such ac- cooperative efforts with Federal and State 189) that the Department of Energy keep the congressional defense committees informed tivities, the conferees decreased the amount regulators and non-profit organizations to authorized by section 3103(a)(1)(C) by $20.0 facilitate the rapid deployment of innovative on the status of the Reactor Shutdown Agreement between the United States and million to reflect those funds that are in- technologies at DOE sites. This effort should cluded in program element budgets. include cooperative efforts to assist the im- the Russian Federation. plementation of more uniform technology Nuclear smuggling and counterterrorism Worker and community transition verification and regulatory acceptance cri- The conferees direct the Department of En- The conferees recommend a reduction of teria to DOE-developed technologies. ergy to report to the congressional defense $5.0 million to the worker and community The conferees direct the Secretary of En- committees not later than 30 days after the transition budget request. ergy to submit a report to Congress on the date of enactment of this Act on the use of Environment, safety and health—defense proposed uses of the $57.0 million increase in funds made available in the National Defense The conferees recommend an increase of this account. Authorization Act for Fiscal Year 1998 (Pub- $15.0 million to the budget request for de- No funds authorized to be appropriated lic Law 105–85) to plan and conduct exercises fense environment, safety and health for pursuant to this section are available to sup- to prepare Federal, state, and local entities health studies. port, or enter into cooperative efforts in sup- to respond to domestic terrorist use of nu- Naval reactors port of, the Russian Nuclear Cities Initia- clear materials and devices. Additionally, The conferees recommend an increase of tive, or any other foreign assistance pro- the conferees direct the Department of En- $16.0 million to the budget request for the Of- gram. The conferees continue to support co- ergy to report to the congressional defense fice of Naval Reactors to expedite decommis- operative programs with international part- committees not later than November 1, 1998 sioning and decontamination activities at ners that facilitate environmental cleanup on the status of the investigations of the surplus prototype plant facilities. or waste management activities at Depart- sale of high performance computers to Rus- ment of Energy sites. sia and China, and steps taken by the De- Defense nuclear waste disposal (sec. 3104) Off-site disposal of low level waste partment of Energy and other federal agen- The House bill contained a provision (sec. The conferees are concerned that the De- cies and department of the U.S. Government 3104) that would authorize $190.0 million for partment has only one commercial low-level to recover such high performance computers. the Department of Energy fiscal year 1998 de- waste disposal option available. Although Emergency management fense contribution to the defense nuclear this facility has a satisfactory operating waste fund. The conferees agree to authorize the budg- record and has proven to be a cost effective The Senate amendment contained an iden- et request of $23.7 million for emergency option for waste disposal, it remains the De- tical provision (sec. 3104). management activities to strengthen and ex- partment’s sole large-scale commercial dis- The conference agreement includes this pand the Department’s support for domestic posal option. The conferees encourage the provision. crisis and consequence management in com- Department to move forward with a national Defense environmental management privatiza- batting weapons of mass destruction terror- procurement, as announced by the Secretary tion (sec. 3105) ism and nuclear smuggling and nuclear ma- of Energy, to initiate open competition for terial trafficking as well as to provide com- The Senate amendment contained a provi- the Department’s off-site waste disposal con- prehensive, integrated emergency planning, sion (sec. 3105) that would provide $273.9 mil- tracts. preparedness, response, and management lion for defense environmental management Other defense activities (sec. 3103) throughout the Department of Energy. The privatization projects to be allocated as fol- The budget request included $1.667 billion conferees agree that no funds authorized for lows: $113.5 million for the tank waste reme- for Other Defense Activities for the Depart- the Department are to be used to provide diation system project, phase I (Richland); ment of Energy (DOE) for fiscal year 1999, support to state and local authorities for ac- $20.0 million for spent nuclear fuel dry stor- which included an offset to user organiza- tivities unrelated to providing appropriate age (Idaho); $87.3 million for advanced mixed tions of $20.0 million. emergency responses to natural and man- waste treatment (Idaho); $19.6 million for re- The House bill contained a provision (sec. made disasters involving radiological haz- mote handled transuranic waste transpor- 3103) that would authorize a $33.6 million in- ards and threats. tation (Carlsbad); and $33.5 million for envi- crease to the budget request. ronmental management/waste management The Senate amendment contained a provi- Fissile materials control and disposition disposal (Oak Ridge). The Senate amend- sion (sec. 3103) that would authorize a $5.0 The conferees recommend the budget re- ment further authorized the use of $32.0 mil- million increase to the budget request. quest of $168.9 million for fissile materials lion in unobligated, uncosted, and undistrib- The conferees recommend authorization of control and disposition. The conferees are uted prior year defense environmental man- $1.716 billion for other defense activities, an pleased with the approach being pursued by agement privatization funds. increase of $27.0 million to the budget re- the Department in the fissile materials dis- The House bill contained a similar provi- quest, for the following activities: $679.3 mil- position program. The conferees authorize sion (section 3102) that addressed all defense lion for nonproliferation and national secu- full funding for title I design for new mate- environmental management funds, including rity activities, of which $503.5 million is for rials disposition facilities. The conferees di- $286.8 million for defense environmental verification and control technology activi- rect the Secretary to continue planning and management privatization projects. ties; $168.9 million for fissile materials con- design of such facilities. The House recedes with an amendment trol and disposition; $89.0 million for envi- The conferees agree that $25.0 million, as that would provide $286.9 million for defense ronment, safety and health activities; $35.0 requested in the budget for the fissile mate- environmental management privatization million for international nuclear safety ac- rials control and disposition program, for co- projects to be allocated as follows: $100.0 mil- tivities; and $681.5 million for naval reactors. operative efforts with the Russian Federa- lion for the tank waste remediation system The amount authorized is offset by $20.0 mil- tion is adequate for this activity. With the project, phase I (Richland); $30.0 million for lion to account for user organizations, and is exception of achieving agreement on a joint spent nuclear fuel dry storage (Idaho); $87.3 further offset by $2.0 million in uncosted and testing program, the conferees believe there million for advanced mixed waste treatment unobligated prior year funds. has has been insufficient progress achieved (Idaho); $19.6 million for remote handled September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8453 transuranic waste transportation (Carlsbad); propriated. The provision would permit the field office of the Department of Energy with and $50.0 million for environmental manage- merger of such transferred funds with the limited authority to transfer up to $5.0 mil- ment/waste management disposal (Oak authorizations of the agency to which they lion in fiscal year 1999 defense environmental Ridge). The conferees agree to offset this are transferred. The provision would also management funds from one program or amount through the use of $32.0 million in limit, to not more than five percent of the project under the jurisdiction of the office to unobligated, uncosted, and undistributed account, the amount of such funds that may another such program or project, once in a prior year defense environmental manage- be transferred between authorization ac- fiscal year. The provision would extend the ment privatization funds. The conferees di- counts in the Department of Energy that authority granted by section 3139 of the Na- rect that the offset be achieved through the were authorized pursuant to this Act. tional Defense Authorization Act for Fiscal use of: $15.0 million in fiscal year 1997 unobli- The Senate amendment contained an iden- Year 1997 by allowing transfers of funds gated, uncosted balances to reflect the can- tical provision (sec. 3124). among programs and projects in the Site and cellation of the broad spectrum low activity The conference agreement includes this Project Completion, Post-2006 Completion, mixed waste treatment privatization project provision. and Science and Technology accounts. (Oak Ridge); $10.0 million in fiscal year 1997 Authority for conceptual and construction de- The Senate amendment contained a simi- unobligated, uncosted balances to reflect sign (sec. 3125) lar provision (sec. 3129) that would allow cancellation of the waste water treatment The House bill contained a provision (sec. transfers of funds between programs and plant privatization project (Rocky Flats); 3125) that would limit the Secretary of Ener- projects in the Site Closure Project, and and $7.0 million in fiscal year 1998 unobli- gy’s authority to request construction fund- Project Completion, and Post-2006 Comple- gated, uncosted and undistributed balances. ing until the Secretary has completed a con- tion accounts. The conferees note that the Senate report ceptual design. This limitation would apply The Senate recedes with an amendment endorsed the transfer of responsibility for to construction projects with a total esti- that would allow transfers of funds between the Hanford Tank Waste Remediation Sys- mated cost greater than $5.0 million. If the programs and projects in the Site and tem (TWRS) project to the Assistant Sec- estimated cost to prepare the construction Project Completion and Post-2006 Comple- retary of Energy for Environmental Manage- design exceeds $600,000, the provision would tion accounts. require the Secretary to obtain a specific au- ment. The conferees address this issue in a Subtitle C—Program Authorizations, separate section of this title. thorization to obligate such funds. If the es- timated cost to prepare the conceptual de- Restrictions, and Limitations SUBTITLE B—RECURRING GENERAL PROVISIONS sign exceeds $3.0 million, the provision would Permanent extension of funding prohibition re- Reprogramming (sec. 3121) require the Secretary to request funds for lating to international cooperative stockpile The House bill contained a provision (sec. the conceptual design before requesting stewardship (sec. 3131) 3121) that would prohibit the reprogramming funds for construction. The provision would The House bill contained a provision (sec. of funds in excess of 110 percent of the further require the Secretary to submit to 3132) that would amend section 3133(a) of the amount authorized for the program, or in ex- Congress a report on each conceptual design National Defense Authorization Act for Fis- cess of $1.0 million above the amount author- completed under this provision. The provi- cal Year 1998 (P.L. 105–85) to establish a per- ized for the program, until the Secretary of sion would also provide an exception to these manent prohibition on expenditures of funds Energy submits a report to the congressional requirements in the case of an emergency. for cooperative stockpile stewardship efforts The Senate amendment contained an iden- defense committees and a period of 30 cal- with any nation except for France or the tical provision (sec. 3125). endar days has elapsed after the date on The conference agreement includes this United Kingdom, or, as specifically author- which the report is received. provision. ized with nations of the former Soviet Union. The Senate amendment contained an iden- The Senate amendment contained a simi- Authority for emergency planning, design, and tical provision (sec. 3121). lar provision (sec. 3131) that would prohibit construction activities (sec. 3126) The conference agreement includes this use of fiscal year 1999 or prior year funds to provision. The House bill contained a provision (sec. conduct such international cooperative 3126) that would permit the Secretary of En- Limits on general plant projects (sec. 3122) stockpile stewardship activities. ergy to perform planning and design with The Senate recedes. The House bill contained a provision (sec. any funds available to the Department of En- 3122) that would authorize the Secretary of ergy pursuant to this title, including those Support of ballistic missile defense activities of Energy to carry out any construction project funds authorized for advance planning and the Department of Defense (sec. 3132) authorized under general plant projects if construction design, whenever the Secretary The House bill contained a provision (sec. the total estimated cost does not exceed $5.0 determines that the design must proceed ex- 3133) that would require the Secretary of En- million. The provision would require the peditiously to protect the public health and ergy to make available, from funds author- Secretary to submit a report to the congres- safety, to meet the needs of national defense, ized for Department of Energy atomic energy sional defense committees if the cost of the or to protect property. weapons activities, no less than $60.0 million project is revised to exceed $5.0 million. Such The Senate amendment contained an iden- for missile defense technology development a report would include the reasons for the tical provision (sec. 3126). in cooperation with the Ballistic Missile De- cost variation. The conference agreement includes this fense Organization (BMDO) for the purpose The Senate amendment contained an iden- provision. of developing, demonstrating, and testing tical provision (sec. 3122). Funds available for all national security pro- hit-to-kill interceptor vehicles for theater The conference agreement includes this grams of the Department of Energy (sec. missile defense systems. provision. 3127) The Senate amendment contained a provi- Limits on construction projects (sec. 3123) The House bill contained a provision (sec. sion (sec. 3132) that would prohibit the use of 3127) that would authorize, subject to section any funds authorized by title XXXI to sup- The House bill contained a provision (sec. 3121 of this Act, amounts appropriated for port ballistic missile defense research, devel- 3123) that would permit any construction management and support activities and for opment, demonstration, testing, and evalua- project to be initiated and continued only if general plant projects to be made available tion. The prohibition would include studies the estimated cost for the project does not for use in connection with all national secu- and assessments. The provision would also exceed 125 percent of the higher of: (1) the rity programs of the Department of Energy. prohibit use of Laboratory Directed Re- amount authorized for the project or (2) the The Senate amendment contained an iden- search and Development and laboratory most recent total estimated cost presented tical provision (sec. 3127). overhead funds for such purposes. to the Congress as justification for such The conference agreement includes this The Senate recedes with an amendment project. The Secretary of Energy may not provision. that would make available $30.0 million for exceed such limits until 30 legislative days Availability of funds (sec. 3128) technology development, concept demonstra- after the Secretary submits to the congres- The House bill contained a provision (sec. tion, and integrated testing to improve reli- sional defense committees a detailed report 3128) that would authorize amounts appro- ability and reduce risk in hit-to-kill inter- setting forth the reasons for the increase. priated for operating expenses or for plant ceptors; science and engineering teams to This provision would also specify that the and capital equipment for the Department of address technical problems identified by the 125 percent limitation would not apply to Energy to remain available until expended. Director of BMDO which are critical to the projects estimated to cost under $5.0 million. Program Direction funds would remain acquisition of a theater missile defense capa- The Senate amendment contained an iden- available until the end of fiscal year 2000. bility; and other research, development and tical provision (sec. 3123). The Senate amendment contained a simi- demonstration activities that support the The conference agreement includes this lar provision (sec. 3128) that would authorize mission of BMDO. The provision would re- provision. Program Direction funds to remain available quire that any such activities conform to the Fund transfer authority (sec. 3124) until the end of fiscal year 2001. joint memorandum of understanding be- The House bill contained a provision (sec. The House recedes. tween the Secretaries of Energy and Defense 3124) that would permit funds authorized by Transfers of defense environmental management required by section 3131 of the National De- this Act to be transferred to other agencies funds (sec. 3129) fense Authorization Act for Fiscal Year 1998 of the government for performance of work The House bill contained a provision (sec. (Public Law 105–85). The provision would for which the funds were authorized and ap- 3129) that would provide the manager of each allow the covered activities to be funded H8454 CONGRESSIONAL RECORD — HOUSE September 22, 1998 through direct contributions or waiver of a Authority for Department of Energy federally Hanford overhead and service center costs (sec. Federal administrative charge, overhead funded research and development centers to 3138) costs, or other indirect costs of the Depart- participate in merit-based technology re- The House bill contained a provision (sec. ment of Energy or its contractors. search and development programs (sec. 3136) 3135) that would prohibit the use of certain Nonproliferation activities (sec. 3133) The Senate amendment contained a provi- fiscal year 1999 funds at the Hanford Site sion (sec. 3135) that would amend the Na- until the Secretary of Energy certifies to The Senate amendment contained a provi- tional Defense Authorization Act for Fiscal Congress that the Department does not in- sion (sec. 3139) that would make $30.0 million Year 1995 (Public Law 103–337) to grant De- tend to pay overhead costs of more than 33 available for the Initiatives for Proliferation partment of Energy (DOE) sponsored feder- percent of total contract overhead costs at Prevention (IPP) program and $30.0 million ally funded research and development cen- that Site. The provision would prohibit the available to implement the initiative known ters (FFRDCs) the same ability to compete obligation of $12.0 million for reactor decon- as the ‘‘Nuclear Cities Initiative’’ (NCI) pro- for contracts as Department of Defense tamination and decommissioning and $18.0 gram pursuant to the March 1998 agreement (DOD) sponsored FFRDCs. million for drainage of single-shell waste between the United States and the Russian The House bill contained no similar provi- tanks at the Hanford Site until the Sec- Federation. sion. retary completes the certification. The pro- The House bill contained no similar provi- The House recedes with an amendment vision would further require that any sav- sion. that would limit the authority to those ac- ings that result from compliance with this The House recedes with an amendment tivities conducted under contract with, or on section be retained for use at the Hanford that would make up to $20.0 million avail- behalf, of the Department of Defense. Site to ensure full compliance with the Han- able for the IPP program. Additionally, the The conferees do not support the concept ford Federal Facility Agreement and Con- provision would require the Secretary of En- of DOE FFRDCs competing directly or indi- sent Order and the recommendations of the ergy to submit a report to the congressional rectly with the private sector. In implement- Defense Nuclear Facilities Safety Board. In defense committees on the Nuclear Cities ing this authority, the conferees expect DOE addition, the provision conveyed the sense of Initiative program and wait a period of 20 FFRDCs to comply fully with all DOD and the Congress that overhead costs for con- legislative days after the date on which the DOE policy guidance and regulations govern- tractors performing cleanup work at DOE fa- report is received prior to the obligation and ing FFRDCs. The conferees expect DOE cilities is out of control, that some increased expenditure of any funds. FFRDCs to focus on their core competencies, overhead costs are a result of unnecessary The amendment would also require the re- expertise, or unique facilities. regulation, and that the Department should port of the Secretary on the NCI program to Activities of Department of Energy facilities take action to minimize any such unneces- include among other items, the objectives of (sec. 3137) sary regulation. the NCI program and the process and method The Senate amendment contained a provi- The Senate amendment contained a relat- by which the program will be implemented sion (sec. 3140) that would establish a uni- ed provision (sec. 3148) that would require (to include the status of bilateral agree- form Federal administrative charge of three the General Accounting Office (GAO) to con- ments), a timeline of the program and mile- percent on all contract research activities duct a review of Department of Energy stones to be achieved, and the funding re- carried out for non-Department of Energy (DOE) overhead costs, including the methods quirements through the completion of the (DOE) entities at DOE contractor operated used to calculate direct and indirect over- program. In addition, the report should in- facilities. The provision would eliminate the head costs at DOE cleanup sites and the clude any information on the participation Secretary of Energy’s current authority to methods used to allocate and report such of other federal agencies and departments in waive the Federal administrative charge, ex- overhead costs. The GAO would be required the NCI program, as well as the participation cept that the Secretary would be authorized to submit a report to Congress not later than of U.S. industry. to continue existing waivers, if the Sec- January 31, 1999, to include the findings of Licensing of certain mixed oxide fuel fabrication retary so determines, and would be author- the review and any resulting recommenda- and irradiation facilities (sec. 3134) ized to waive charges for small businesses, tions for standardizing the methods used to institutions of higher education, non-profit allocate and report overhead costs at DOE The Senate amendment contained a provi- entities, and state and local governments. cleanup sites. sion (sec. 3133) that would require any person The Senate recedes with an amendment The provision would authorize the Secretary constructing or operating a new or operating that would require the Secretary to establish to enter into a five-year pilot program at se- an existing facility to fabricate mixed oxide a target for fiscal year 1999 contract over- lected facilities to develop reduced overhead (MOX) fuel for use in a commercial nuclear head costs at the Hanford Site and utilize charges designed to recover all costs gen- reactor to be subject to licensing by the Nu- any savings that result from lower overhead erated by external entities who may not uti- clear Regulatory Commission (NRC). The costs to perform additional cleanup activi- lize the full range of services at a DOE facil- provision would also require the occupa- ties at the Site and to comply with the Han- ity for which overhead costs may be charged. tional safety and health of employees work- ford Tri-party Agreement. The Senate The provision would encourage the Secretary ing at such facilities to be subject to regula- amendment would further require the De- to establish a new small business technology tion by the Department of Labor. The provi- fense Contract Audit Agency (DCAA) to con- partnership program to make DOE expertise sion would exempt the Department of En- duct an assessment of overhead, service cen- and capabilities more accessible to small ergy MOX-related demonstration, testing, ter, and other related costs assessed by the businesses, and would encourage the Sec- and research activities from such licensing Project Hanford Management Contractor at retary to pursue partnerships and inter- requirements. the Hanford Site. The DCAA assessment actions with universities and private busi- The House bill contained no similar provi- would be submitted to Congress not later nesses. sion. The House bill contained no similar provi- than March 1, 1999. The House recedes with a technical amend- sion. Hanford waste tank cleanup program reforms ment. The House recedes with an amendment (sec. 3139) The conferees do not endorse the wholesale that would allow the Secretary to waive the The House bill contained a provision (sec. external regulation of Department of Energy Federal administrative charge at all DOE fa- 3136) that would direct the Secretary of En- defense nuclear facilities and remain skep- cilities. The conferees did not include the ergy to establish an Office of River Protec- tical of the potential benefits associated small business technology partnership or tion at the Department of Energy’s Hanford with implementing new regulatory regimes partnerships and interactions provisions. Site. The office would be headed by a senior at other new or existing DOE defense nuclear The conferees encourage the Secretary to official of the Department of Energy who facilities. continue the establishment of cooperative would be responsible for managing all as- Continuation of processing, treatment, and dis- partnerships and interactions with univer- pects of Hanford tank farm operations, in- position of legacy nuclear materials (sec. sities and private industry at contractor-op- cluding the Tank Waste Remediation Sys- 3135) erated facilities where such interaction will tem project. The provision would create a help the Department better carry out its na- five-member advisory committee to provide The Senate amendment contained a provi- tional security missions. The conferees fur- advice to the new office. The provision would sion (sec. 3134) that would require the Sec- ther encourage the Secretary to create small require the Secretary to submit within 90 retary of Energy to maintain a high state of business technology partnership programs at days of the date of enactment of this Act an readiness at the F-canyon and H-canyon fa- contractor-operated facilities where such integrated management plan for all aspects cilities at the Savannah River Site. interaction will help the Department better of the tank farm operations, including the The House bill contained no similar provi- carry out its national security missions. The roles and responsibilities and reporting rela- sion. Secretary is encouraged to designate small tionships of the Office of River Protection. The House recedes. funding pools at DOE sites to carry out such The plan would address whether the office The conferees note that this action was programs. The Secretary should include an- should be physically and administratively recommended by the Defense Nuclear Facili- nually with the President’s budget request a separate from the DOE Richland Operations ties Safety Board and is consistent with di- report on the effectiveness and applicability Office. The provision would further require rection provided by previous authorization of any such programs to the missions of the the Secretary, two years after the creation acts. Department of Energy. of the office, to report on any progress and September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8455 management improvements that result from provision does not authorize the Secretary Act for Fiscal Year 1998 (Public Law 105–85). this provision. The Office of River Protec- to proceed with a conceptual design of a new The decision criteria shall include the abil- tion would terminate in five years, unless National Atomic Museum or to obligate any ity to meet the national defense require- the Secretary determines that the office funds to implement any plan. ments of the United States, nuclear pro- should continue. Tritium production (sec. 3144) liferation implications, and cost. The Senate amendment contained no simi- In addition, the conferees direct the Sec- The House bill contained a provision (sec. lar provision. retary to submit to the Committee on Armed 3154) that would modify the Atomic Energy The Senate recedes with an amendment Services of the Senate and the National Se- Act of 1954 (42 U.S.C. 2077(e)) to prohibit the that would require the office to report di- curity Committee of the House of Represent- use of tritium produced in commercial nu- rectly to the Assistant Secretary for Envi- atives, a comprehensive plan to implement clear reactors for nuclear explosive purposes. ronmental Management, but be physically the technology option selected. The plan The Senate amendment contained a relat- located at the Hanford Site in Richland, should be submitted with the President’s fis- ed provision (sec. 3150) that would require Washington. The amendment also would cal year 2000 budget and include a proposed the Secretary of Energy to select a tritium eliminate the creation of the five-member implementation schedule, annual funding re- production technology after completion of advisory committee. The conferees believe quirements for the life of the project, any an interagency review regarding the pro- the existing advisory structure at the site is legislation needed to implement the tech- liferation ramifications of using a commer- adequate. nology selected, and an assessment of the vi- cial light water reactor to produce tritium Hanford Health Information Network (sec. 3140) ability of purchasing tritium, if necessary for nuclear explosive purposes, but not later for national security purposes, on an interim The Senate amendment contained a provi- than December 31, 1998. The provision would basis. sion (sec. 3138) that would authorize the Sec- direct the Secretary of Energy to make the retary of Energy to utilize $2.5 million with- decision notwithstanding any provision of Subtitle D—Other Matters in existing Hanford Site funding for the Han- the Atomic Energy Act of 1954 (42 U.S.C. 2011, Study and plan relating to worker and commu- ford Health Information Network. et. seq.), but consistent with the laws, regu- nity transition assistance (sec. 3151) The House bill contained no similar provi- lations and procedures of the Department of The House bill contained a provision (sec. sion. Energy. 3151) that would repeal the requirements of The House recedes with an amendment The conferees agree to include a provision section 3161 of the National Defense Author- that would authorize the use of $1.5 million that would prohibit use of any funds avail- ization Act for Fiscal Year 1993 (Public Law within existing Hanford Site funding for the able during fiscal year 1999, including prior 102–484). Section 3161 required the implemen- Hanford Health Information Network. year funds, to implement any tritium tech- tation of a worker and community transition Hazardous Materials Management and Emer- nology decision made pursuant to section program to restructure the Department of gency Response training program (sec. 3141) 3135 of the National Defense Authorization Energy (DOE) private contractor workforce The House bill contained a provision (sec. Act for Fiscal Year 1998 (Public Law 105-85). at the end of the Cold War. This section 3155) that would authorize the Hazardous This prohibition includes any construction would also prohibit the expenditure of funds Materials Management and Emergency Re- or related activities. Nothing in this provi- for the DOE Worker and Community Transi- sponse (HAMMER) training facility in Rich- sion shall be interpreted to preclude the Sec- tion program after September 30, 1999. The Senate amendment contained no simi- land, Washington to accept payments in kind retary of Energy from continuing planned re- search and design activities on both tech- lar provision. in exchange for services. The Senate recedes with an amendment The Senate amendment contained a simi- nology options currently under consider- ation. that would require the Secretary to develop lar provision (sec. 3137). a plan describing how the Office of Worker The Senate recedes. The conferees strongly support the Depart- ment of Energy’s efforts to restore on a and Community Transition would be termi- Support for public education in the vicinity of timely basis tritium production to maintain nated and how the authority of that office Los Alamos National Laboratory, New Mex- the viability of the U.S. nuclear deterrent. would transferred to Department of Energy ico (sec. 3142) The conferees note that tritium is not a spe- program offices. The Secretary shall submit The Senate amendment contained a provi- cial nuclear material as defined by the the plan to the Congressional defense com- sion (sec. 3136) that would authorize the De- Atomic Energy Act of 1954, and thus, unlike mittees not later than July 1, 1999. The partment of Energy (DOE) to make a $5.0 plutonium and highly enriched uranium, is amendment would also require the General million payment to a not-for-profit edu- not capable of sustaining a nuclear chain re- Accounting Office to conduct a study on the cation foundation in the area around the Los action. It is, however, a radioactive material effects of DOE workforce restructuring plans Alamos National Laboratory to enrich edu- that is vital to the performance of U.S. nu- from fiscal years 1995 through 1998. cational activities of the local school sys- clear warheads. Extension of authority for appointment of cer- tem. The provision would require the founda- The conferees endorse the United States’ tain scientific, engineering, and technical tion to place DOE contributions in an endow- long-standing policy requiring the separa- personnel (sec. 3152) ment fund, the corpus of which would remain tion of civilian and military uses of nuclear The Senate amendment contained a provi- in trust and the annual revenue used to sup- energy. Concerns have been raised that the sion (sec. 3144) that would extend for one port the local school system. use of a commercial light water reactor to year the authority granted to the Secretary The House bill contained no similar provi- produce tritium might establish a precedent of Energy by the National Defense Author- sion. for other nations to use government-owned ization Act for Fiscal Year 1995 (Public Law The House recedes with a clarifying civilian reactors to produce materials for nu- 103–337) to appoint certain scientific, engi- amendment. clear weapons programs. The conferees note neering, and technical personnel in areas of This provision would extend the authority that the Interagency Review of Nonprolifera- nuclear safety and environmental clean up. granted to the Secretary of Energy by sec- tion Implications of Alternative Tritium The House bill contained no similar provi- tion 3167 of the National Defense Authoriza- Technologies transmitted to Congress by the sion. tion Act for Fiscal Year 1998 (Public Law 105- Department of Energy in July 1998, as re- The House recedes. 85). The conferees expect the Secretary of quired by the National Defense Authoriza- Requirement for plan to modify employment sys- Energy to make no more than five total an- tion Act for Fiscal Year 1998 (Public Law tem used by Department of Energy in de- nual payments to this fund for a total con- 105–85), concluded that the nonproliferation fense environmental management programs tribution not to exceed $25.0 million. The risks associated with the commercial light (sec. 3153) conferees note that the Secretary was au- water reactor option are ‘‘manageable.’’ Im- The House bill contained a provision (sec. thorized to make the first of such payments plicit in this conclusion, is a recognition 3152) that would prohibit the use of more in fiscal year 1998. The conferees expect, that that the commercial reactor option could than 75 percent of Defense Environmental upon making the fifth payment or meeting pose nuclear proliferation risks that might Restoration and Waste Management program the $25.0 million cap, all DOE assistance to harm U.S. national security interests. direction funds for fiscal year 1999 until the the local school system will end. The conferees expect the Secretary of En- Secretary of Energy submits a plan for im- Relocation of National Atomic Museum, Albu- ergy to consider whether, or to what extent, provement of the Department of Energy fed- querque, New Mexico (sec. 3143) the selection of a light water reactor would eral employment system. The plan would ad- The Senate amendment contained a provi- violate U.S. policy and might encourage dress strategies to recruit and hire individ- sion (sec. 3140A) that would require the Sec- other nations to divert nuclear materials uals for the Environmental Management pro- retary of Energy to submit a plan on the de- from government-owned civilian reactors gram who are highly skilled and who have sign, construction and relocation of the Na- into nuclear weapons programs. In addition, experience as project and construction man- tional Atomic Museum located in Albuquer- the conferees expect the Secretary to assess agers. The plan would further identify any que, New Mexico. any nuclear proliferation risk that any such provisions of Federal law that must be al- The House bill contained no similar provi- outcome could pose for the United States. tered to allow its implementation. sion. The conferees direct the Secretary of En- The Senate amendment contained no simi- The House recedes with an amendment ergy to select a tritium technology option lar provision. that would direct the Secretary of Energy to consistent with the requirements of section The Senate recedes with an amendment submit a plan to relocate the museum. This 3135 of the National Defense Authorization that would require the Secretary to submit H8456 CONGRESSIONAL RECORD — HOUSE September 22, 1998 the plan to Congress not later than February does not represent a change in policy and is gress that the President should instruct the 1, 1999, and would remove the prohibition on taken without prejudice. The conferees note Secretary of Energy to consult with the Sec- use of program direction funds. that the findings and policy statements ex- retary of Defense, the Administrator of the Department of Energy nuclear materials couri- pressed in section 3156 are consistent with Environmental Protection Agency, and other ers (sec. 3154) the activities of the stockpile stewardship appropriate officials, and submit to the Com- mittee on Armed Services of the Senate and The Senate amendment contained several program focused on ensuring that the United the Committee on National Security of the provisions (secs. 3161–3172) that would allow States possesses a safe, secure, effective, and House of Representatives an assessment of nuclear materials couriers at the Depart- reliable nuclear stockpile consistent with whether the United States should consider ment of Energy (DOE) to retire with full fed- our national security requirements and trea- favorably the ‘‘Advanced Technology Re- eral benefits after 20 years of service. ty commitments. The conferees do not be- search Project’’ proposal which recommends The House bill contained no similar provi- lieve that such policy statements need to be establishment of an international project to sion. set forth in law. facilitate the exchange of information on ad- The House recedes with an amendment Report on stockpile stewardship criteria (sec. vanced nuclear waste technologies. The as- that would apply eligibility for early retire- 3158) sessment should include a discussion of ment benefits only to those couriers who re- The House bill contained a provision (sec. whether the proposal could be funded pri- tire after fiscal year 1998. 3153) that would require the Secretary of En- vately and administered by an international Increase in maximum rate of pay for scientific, ergy to submit a report to the Committee on nongovernmental organization. The Sec- engineering, and technical personnel re- Armed Services of Senate and the National retary would also be required to identify any sponsible for safety at defense nuclear fa- Security Committee of the House of Rep- legislation required to carry out any such a cilities (sec. 3155) resentatives by March 1, 1999, on DOE efforts project. The Senate amendment contained a provi- to develop a clear set of criteria pertaining The Senate amendment contained no simi- sion (sec. 3142) that would raise the pay level to the technical performance of science lar provision. for the excepted service authority provided based stockpile stewardship program tools The Senate recedes with an amendment in the National Defense Authorization Act and their relationship to key nuclear weap- that would express the sense of the Congress for Fiscal Year 1995 (Public Law 103–337) ons technologies. The provision would re- that the Secretary of Energy, in consulta- from Level IV to III of the Executive Sched- quire the Secretary to identify the perform- tion with the Secretary of Defense, the Ad- ule. ance criteria that, if met, would offer suffi- ministrator of the Environmental Protection The House bill contained no similar provi- cient certainty that the U.S. stockpile is Agency, and the Director of the Agency for sion. safe and reliable. International Development, should prepare a The House recedes with a clarifying The Senate amendment contained no simi- report on those programs that currently fa- amendment. lar provision. cilitate sharing of information on inter- The conferees expect this enhanced author- The Senate recedes with an amendment national nuclear waste problems, and any ity to assist the Department of Energy in at- that would require the report to be submit- recommendations to expand or consolidate tracting and retaining senior scientific, engi- ted not later than March 1, 2000, and be co- such activities under a single international neering, and technical personnel who possess ordinated with the Secretary of Defense. cooperative program. the skills to perform critical nuclear health Panel to assess the reliability, safety, and secu- Protection against inadvertent release of re- and safety activities at the Department’s de- rity of the United States nuclear stockpile stricted data and formerly restricted data fense nuclear facilities. The conferees note (sec. 3159) (sec. 3161) that, in recent years, the Level IV pay cap The Senate amendment contained a provi- The Senate amendment contained a provi- has limited the Department’s ability to at- sion (sec. 1073) that would establish a six sion (sec. 3146) that would amend section 3155 tract and retain the highest qualified sci- member commission to assess the reliability, of the National Defense Authorization Act entific and technical talent. safety, and security of the U.S. nuclear de- for Fiscal Year 1996 (Public Law 104–106) by Extension of authority of Department of Energy terrent. The commission would review the requiring all federal agencies, including the to pay voluntary separation incentive pay- safety, security, and reliability of the U.S. National Archives and Records Administra- ments (sec. 3156) nuclear deterrent and the annual nuclear tion, to conduct a visual inspection of all records over 25 years old to ascertain that The Senate amendment contained a provi- warhead certification process carried out by the Department of Energy weapons labora- such records contain no information classi- sion (sec. 3145) that would extend for one fied as restricted data or formerly restricted tory directors, the Commander in Chief of year authority granted to the Secretary of data. The provision would require that any the United States Strategic Command, and Energy by the Treasury, Postal Service, and records found to contain such classified in- the Secretary of Defense. Commission mem- General Government Appropriations Act, formation be set aside pending completion of bers would be appointed as follows: two 1997 (Public Law 104–208) to pay voluntary a review by the Department of Energy. separation incentive payments to certain members each by the Majority Leader of the The House bill contained no similar provi- Federal employees. Senate and Speaker of the House of Rep- sion. The House bill contained no similar provi- resentatives and one member each by the Mi- The House recedes with an amendment sion. nority Leaders of the Senate and House of that would require the Secretary of Energy The House recedes. Representatives. The chairman of the com- and the Archivist of the United States, after The conferees expect this authority to be mission would be designated by the Majority consultation with members of the National used to continue reductions in federal staff- Leader of the Senate. The cost of the com- Security Council, and, in consultation with ing levels in an effort to decrease costs and mission would be borne equally by the De- the Secretary of Defense and the heads of ap- increase program efficiencies. The conferees partments of Energy and Defense. The com- propriate federal agencies, to develop a plan do not intend this authority to be used for mission would terminate three years after to prevent records containing restricted data broad, untargeted staff reductions. The con- the date of the appointment of the chairman. or formerly restricted data from being inad- ferees expect the Secretary of Energy to uti- The House bill contained no similar provi- vertently released under Executive Order lize this authority, in conjunction with other sion. 12958. The plan would include the following authorities, to eliminate selectively those The House recedes with an amendment elements: (1) actions that will be taken to job classifications and positions that are no that would require the Secretary of Defense, ensure that only records series that are high- longer needed to carry out the missions of in consultation with the Secretary of En- ly unlikely to contain restricted data or for- the Department of Energy. The conferees ex- ergy, to contract with a Federally Funded merly restricted data are released without a pect the authority to allow the Department Research and Development Center (FFRDC) page-by-page review; (2) the criteria by to save money over the long term and reori- to establish a panel to assess the reliability, which documents will be determined to be ent the DOE federal workforce to focus on safety, and security of the U.S. nuclear highly unlikely to contain restricted data or the Department’s most pressing problems. stockpile. The panel would examine the an- formerly restricted data; (3) steps to be nual nuclear warhead certification docu- taken to ensure proper training, evaluation, Repeal of fiscal year 1998 statement of policy on and supervision of declassification personnel stockpile stewardship program (sec. 3157) ments, the processes and assumptions upon which the certification is based, and the to recognize restricted data and formerly re- The Senate amendment contained a provi- stockpile stewardship and management cri- stricted data; (4) the extent to which auto- sion (sec. 3141) that would repeal section 3156 teria to be established by the Secretary of mated declassification technologies will be of the National Defense Authorization Act Energy pursuant to section 3158 of this Act. used to protect restricted data and formerly for Fiscal Year 1998 (Public Law 105–85). The conferees believe that in order to en- restricted data; (5) procedures for periodic The House bill contained no similar provi- sure an independent assessment, no employ- Department of Energy review and evaluation sion. ees of the FFRDC should be appointed as of agency compliance with the plan; (6) pro- The House recedes. panel members. cedures for resolving disagreements among Section 3156 of the National Defense Au- agencies regarding declassification proce- thorization Act for Fiscal Year 1998 ad- International cooperative information exchange dures and decisions; (7) identification of dressed findings and current policies regard- (sec. 3160) funding, personnel, and other resources re- ing the stockpile stewardship program of the The House bill contained a provision (sec. quired to carry out the plan; and (8) a time- Department of Energy. This repeal action 3156) that would express the sense of Con- table to implement the plan. Summaries of September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8457 the periodic review of agency compliance The amendment would also direct the Sec- The conferees encourage the State of would be provided to the President’s Na- retary of Defense, in consultation with the Washington and the Department of Energy tional Security Advisor and to the Commit- Secretary of Energy, to establish a task to continue those cooperative efforts with tee on Armed Services of the Senate and the force of the Defense Science Board to exam- the State of Oregon that speed the pace of National Security Committee of the House ine the risks associated with each tritium cleanup at the site and ensure appropriate or Representatives. The amendment would production technology, the nuclear weapons participation by all external stakeholders, halt the use of bulk declassification of any proliferation implications of each tech- including the State of Oregon. The conferees document covered by this provision until 60 nology, the ability of each technology to note that the State of Oregon has executed days after the plan is submitted to the Com- meet the national security requirements of memoranda of understanding with the State mittee on Armed Services of the Senate and the United States, and any other factors that of Washington and with the Department of the National Security Committee of the the Secretaries of Defense and Energy con- Energy. The conferees further note that the House of Representatives, and the Assistant sider appropriate. The Secretaries of Energy State of Oregon holds two seats on the Han- to the President for National Security Af- and Defense would be required to provide the ford Site Specific Advisory Board (SSAB), a fairs. task force report to the congressional de- group of regulators, stakeholders, and tribes The conferees support current efforts to re- fense committees not later than June 30, that reviews clean up progress at the site duce the volume of information retained as 1999. and makes recommendations to DOE. The classified. The conferees are, however, con- conferees believe that Oregon’s participation LEGISLATIVE PROVISIONS NOT ADOPTED cerned that Executive Order 12958 does not in the Hanford SSAB and the increased ac- ensure adequate protection of information Prohibition on Federal loan guarantees for de- cess to information provided via memoranda classified as restricted data or formerly re- fense environmental management privatiza- of understanding with DOE and the State of stricted data. This provision is intended to tion projects Washington, provide Oregon with appro- ensure greater review and scrutiny of those The House bill contained a provision (sec. priate participation in Hanford cleanup pro- federal records that may contain informa- 3131) that would prohibit the use of Federal grams. tion classified as restricted data or formerly government loan guarantees for Department Sense of Congress on funding requirements for restricted data prior to the bulk declassifica- of Energy defense environmental manage- the nonproliferation science and technology tion and subsequent release of such records. ment privatization projects. activities of the Department of Energy The conferees do not intend this provision to The Senate amendment contained no simi- The Senate amendment contained a provi- slow down much needed efforts to reduce the lar provision. sion (sec. 3149) that would express the sense amount of classified material maintained in The House recedes. of Congress that the budget for nonprolifera- federal archives. The conferees remain deeply concerned tion science and technology activities for fis- The conferees believe that the President that the use of Federal loan guarantees are cal years 2000 through fiscal year 2008 should must ensure that each Executive Branch inconsistent with the concept of privatiza- be increased each year over the preceding agency with custodial responsibility for the tion in Department of Energy (DOE) environ- year by at least one percent above the rate records described in the provision has avail- mental remediation projects. The conferees of inflation. able sufficient funds to carry out the re- note that the Federal Credit Reform Act of The House bill contained no similar provi- quirements of this provision. 1990 requires that a large portion of the costs sion. Sense of Congress regarding treatment of For- of Federal loan guarantees be appropriated The Senate recedes. merly Utilized Sites Remedial Action Pro- in the fiscal year in which the project is ini- TITLE XXXII—DEFENSE NUCLEAR FACILITIES gram under a non-defense discretionary tiated. This requirement would draw into SAFETY BOARD budget function (sec. 3162) question the cost effectiveness and desirabil- LEGISLATIVE PROVISIONS ADOPTED The Senate amendment contained a provi- ity of any DOE privatization project that Defense Nuclear Facilities Safety Board (sec. sion (sec. 3143) that would express the sense would rely upon such instruments. 3201) of the Senate that the Office of Management The conferees note, however, that a recent and Budget should transfer funding for the General Accounting Office report on the DOE The House bill contained a provision (sec. 3201) that would authorize $17.5 million for Formerly Utilized Sites Remedial Action privatization program recommended a wide the Defense Nuclear Facilities Safety Board Program into a non-defense discretionary variety of contracting and project financing portion of the Federal budget in future (DNFSB) for fiscal year 1999. tools be made available to DOE to carry out The Senate amendment contained an iden- years. privatized cleanup projects. Nevertheless, The House bill contained no similar provi- tical provision (sec. 3201). the conferees cannot envision many in- The conference agreement includes this sion. stances where Federal loan guarantees would The House recedes with an amendment provision. prove beneficial to the Federal government. The conferees anticipate that the report that would modify the provision to be a The conferees intend to scrutinize any pro- sense of Congress. required by section 3202 of the National De- posed use of Federal loan guarantees in DOE fense Authorization Act for Fiscal Year 1998 Reports relating to tritium production (sec. 3163) privatization projects to ensure that the con- (Public Law 105–85) regarding which Depart- The House bill contained a provision (sec. cept of privatization is not violated. The ment of Energy (DOE) facilities should re- 3134) that would delay the date by which the conferees do not intend to authorize funding main under the jurisdiction of the DNFSB Secretary of Energy must select a primary in future years for those projects that in- will be submitted on time. technology for the production of tritium clude a Federal loan guarantee, if utilizing a The conferees are concerned that the im- from December 31, 1998 to December 31, 1999. loan guarantee either removes the con- plementation of an additional external regu- The Secretary would be prohibited from se- sequences of failure for the contractor or in- lation approach could draw scarce resources lecting a primary technology until the date creases the cost of the privatization project. away from high priority, compliance driven that is the later of 30 days following comple- The conferees direct that any use of Fed- cleanup actions and critical national secu- tion of the test at the Watts Bar nuclear eral loan guarantees for privatization rity activities. The conferees believe no deci- plant and the date that the Secretary sub- projects be made only in those cir- sions should be made or actions taken until mits to the congressional defense commit- cumstances where the Secretary of Energy the findings of the DNFSB and the com- tees a report on the results of that test. The certifies that (1) the loan guarantee is nec- ments of the Secretary of Energy and the report would provide information regarding essary for the contractor to obtain a private Chairman of the Nuclear Regulatory Com- the amount of tritium produced, data on the sector loan, and (2) the percentage of the mission have been provided to the Congress leakage of tritium from the test, and any loan amount covered by the loan guarantee as required by section 3202 of the National other technical findings resulting from the does not harm the incentive for success. Defense Authorization Act for Fiscal Year test. 1998 (Public Law 105–85) and the on-going ex- The Senate amendment contained no simi- Sense of the Senate regarding memoranda of un- derstanding with the State of Oregon relat- ternal regulation pilot programs are com- lar provision. pleted and evaluated. The Senate recedes with an amendment ing to Hanford TITLE XXXIII—NATIONAL DEFENSE STOCKPILE that would require the Secretary of Energy The Senate amendment contained a provi- to submit a report on the results of the test sion (sec. 3147) that would set forth the sense LEGISLATIVE PROVISIONS ADOPTED currently being carried out at the Watts Bar of the Senate that the Department of Energy Definitions (sec. 3301) nuclear plant. The report would include data (DOE) and the State of Washington should The House bill contained a provision (sec. on the performance of the tritium test rods, seek to implement existing memoranda of 3301) that would define the National Defense the performance of the reactor, any leakage understanding regarding cleanup activities Stockpile and the National Defense Stock- of tritium from the test rods, the amount of at the Hanford Site in ways that permit con- pile Transaction Fund. tritium produced, and any other technical tinued information sharing and participation The Senate amendment contained an iden- findings resulting from the test. The Sec- by the State of Oregon in those decisions at tical provision. retary would be required to submit to the the Site that affect the public health or safe- The conference agreement includes this congressional defense committees a prelimi- ty of the citizens of Oregon. provision. nary report on the test program not later The House bill contained no similar provi- Authorized uses of stockpile funds (sec. 3302) than 60 days after the test rods are removed sion. The House bill contained a provision (sec. from the Watts Bar reactor. The Senate recedes. 3302) that would authorize the obligation of H8458 CONGRESSIONAL RECORD — HOUSE September 22, 1998 $82.6 million for the operation of the Na- commercial practices, by transfer to another amendments to the Panama Canal Act of tional Defense Stockpile. Federal agency or a public or private entity, 1979 (22 U.S.C. 3601 et seq.) contained in this The Senate amendment contained a simi- or by any other means. The provision would Act, and state that, unless otherwise noted, lar provision. further require the Secretary of Energy to such amendments relate to the Panama The Senate recedes. transfer to the Secretary of Interior, admin- Canal Act. Authority to dispose of certain materials in the istrative jurisdiction and control over the re- The Senate amendment contained an iden- national defense stockpile (sec. 3303) maining lands within Naval Petroleum Re- tical provision (sec. 3501). The conference agreement includes this The Senate amendment contained a provi- serve Numbered 2 after the Secretary of En- provision. sion (sec. 3303) that would authorize the dis- ergy makes a determination to abandon oil posal of certain materials from the National and gas operations. Authorization of expenditures (sec. 3502) Defense Stockpile and require that sufficient The Senate amendment contained no simi- The House bill contained a provision (sec. materials are sold to generate receipts to the lar provision. 3502) that would authorize the Panama Canal The Senate recedes with an amendment United States in the amount of $103.0 million Commission to make expenditures from its that would permit, rather than require, the by the end of fiscal year 1999 and $377.0 mil- revolving fund, subject to certain ceilings, disposal of this property. lion by the end of fiscal year 2003. for fiscal year 1999. The House bill had no similar provision. Disposal of Naval Petroleum Reserve Numbered The Senate amendment contained an iden- The House recedes with an amendment 3 (sec. 3404) tical provision (sec. 3502). that would modify the quantity of materials The House bill contained a provision (sec. The conference agreement includes this authorized for disposal in order to generate 3405) that would authorize the disposal of provision, and an increase of $10,000 in the receipts of $105.0 million by the end of fiscal Naval Petroleum Reserve Numbered 3 by ceiling for the representation and reception year 1999 and $590.0 million by the end of fis- sale, lease, transfer, or other means. expenses of the Administrator of the Panama cal year 2005. The Senate amendment contained no simi- Canal Commission. The conferees expect that any sales of lar provision. Purchase of vehicles (sec. 3503) tungsten ores and concentrates contained in The Senate recedes with an amendment The House bill contained a provision (sec. the National Defense Stockpile shall be that would authorize the disposal of this 3503) that would authorize the Panama Canal made at a price that is not less than the property by sale, lease, or transfer to an- Commission to purchase vehicles built in the market value at the time of the proposed other federal agency. United States. sale (taking into account any specific loca- Disposal of Oil Shale Reserve Numbered 2 (sec. The Senate amendment contained a simi- tion and as-is sale adjustments), and that 3405) lar provision (sec. 3503) that excluded the re- the Department of Defense will fully con- The House bill contained a provision (sec. quirement for the vehicles to be built in the sider the views of the Market Impact Com- 3406) that would require the Secretary of En- United States. mittee concerning any projected domestic ergy to transfer to the Secretary of Interior The House recedes. economic effect by the sale of these mate- administrative jurisdiction and control over The conferees note that the Commission rials. The conferees also expect that the all public lands included in Oil Shale Reserve has previously purchased only vehicles built Market Impact Committee, in developing Numbered 2 by September 30, 1999. in the United States and encourage the con- recommendations for the sale of tungsten The Senate amendment contained no simi- tinuation of that practice. ores and concentrates, will consult with rep- lar provision. Expenditures only in accordance with treaties resentatives of producers, processors, and The Senate recedes with an amendment (sec. 3504) consumers of these materials. that would authorize, rather than require, The House bill contained a provision (sec. Use of stockpile funds for certain environmental the transfer of this property. 3504) that would ensure amounts authorized remediation, restoration, waste manage- Administration (sec. 3406) for expenditure by the Panama Canal Com- ment, and compliance activities (sec. 3304) The House bill contained a provision (sec. mission for fiscal year 1999 be spent only in The Senate amendment contained a provi- 3407) that would establish administrative re- accordance with the terms of the Panama sion (sec. 3304) that would authorize the use quirements for the disposal of property with- Canal Treaties of 1977 and U.S. laws imple- of funds from the National Defense Stockpile in the Naval Petroleum and Oil Shale Re- menting those treaties. Transaction Fund to be used for environ- serves, as would otherwise be authorized in The Senate amendment contained an iden- mental remediation, restoration, waste man- H.R. 3616. tical provision (sec. 3504). agement, or compliance activities that are The Senate amendment contained no simi- The conference agreement includes this required under a federal law or are under- lar provision. provision. taken by the Federal Government under an The Senate recedes with a technical Donations to the Commission (sec. 3505) administrative decision or negotiated agree- amendment. The House bill contained a provision (sec. ment. LEGISLATIVE PROVISIONS NOT ADOPTED 3505) that would authorize the Panama Canal The House bill contained no similar provi- Price requirement on price of certain petroleum Commission to seek and to accept donations sion. during fiscal year 1999 from private and public entities for the pur- The House recedes. The House bill contained a provision (sec. pose of funding its promotional activities TITLE XXXIV—NAVAL PETROLEUM RESERVES 3403) that would require that the sale of any subject to guidelines to be established by the LEGISLATIVE PROVISIONS ADOPTED of the U.S. share of petroleum produced from Commission. Definitions (sec. 3401) Naval Petroleum Reserve Numbered 2, or The Senate amendment contained an iden- Naval Petroleum Reserve Numbered 3, shall tical provision (sec. 3505). The House bill contained a provision (sec. The conference agreement includes this be made at a price not less than 90 percent of 3401) that would provide definitions for naval provision. petroleum reserves, Naval Petroleum Re- the current sales price of comparable petro- Agreements for United States to provide post- serve Number 2, Naval Petroleum Reserve leum. transfer administrative services for certain Number 3, Oil Shale Reserve Number 2, anti- The Senate amendment contained no simi- employee benefits (sec. 3506) trust laws, general land laws, and petroleum. lar provision. The Senate amendment contained no simi- The House recedes. The Senate amendment contained a provi- lar provision. Treatment of State of California claim regarding sion (sec. 3506) that would allow the Sec- The Senate recedes with an amendment Naval Petroleum Reserve numbered 1 retary of State to enter into agreements to that would include definitions for each of The House bill contained a provision (sec. provide administrative services for certain these terms, except general land laws. 3408) that would eliminate the requirement Panama Canal-related employee benefits for an appropriation before funds resulting after December 31, 1999. Authorization of appropriations (sec. 3402) The House bill contained no similar provi- from the sale of the Naval Petroleum Re- The House bill contained a provision (sec. sion. serve Numbered 1 at Elk Hills can be distrib- 3402) that would authorize $22.5 million for The House recedes. the operations of the naval petroleum and oil uted to the State of California in accordance with the Settlement Agreement entered into Sunset of United States overseas benefits just shale reserves. before transfer (sec. 3507) The Senate amendment contained a simi- between the State of California and the De- The House bill contained a provision (sec. lar provision. partment of Energy. The Senate recedes. The Senate amendment had no similar pro- 3506) that would sunset certain benefits to vision. certain U.S. citizens employed by the Pan- Disposal of Naval Petroleum Reserve Numbered The House recedes. ama Canal Commission to clarify the condi- 2 (sec. 3403) TITLE XXXV—PANAMA CANAL COMMISSION tions of employment intended to be contin- The House bill contained a provision (sec. ued by the Government of Panama after the LEGISLATIVE PROVISIONS ADOPTED 3404) that would require the Secretary of En- transfer of the Canal on December 31, 1999. ergy to dispose of that portion of the Naval Short title; references to Panama Canal Act of The Senate amendment contained an iden- Petroleum Reserve Numbered 2 located with- 1979 (sec. 3501) tical provision (sec. 3507). in the town lots in Ford City, California, by The House bill contained a provision (sec. The conference agreement includes this competitive sale or lease consistent with 3501) that would provide a short title to the provision. September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8459 Central Examining Office (sec. 3508) Technical amendments (sec. 3512) government, a surplus National Defense Re- The House bill contained a provision (sec. The House bill contained a provision (sec. serve Fleet ship, ex-USS Lorain County, to a 3507) that would repeal an obsolete provision 3510) that would make certain technical and not-for-profit organization for use as a me- of law relating to the Central Examining Of- conforming amendments to the Panama morial to Ohio veterans. fice. Canal Act of 1979 (22 U.S.C. 3601 et seq.). The Senate amendment contained a simi- The Senate amendment contained an iden- The Senate amendment contained a simi- lar provision (sec. 1015). tical provision (sec. 3508). lar provision (sec. 3512). The Senate recedes. The conference agreement includes this The House recedes. TITLE XXXVII—INCREASED MONITORING OF provision with a technical amendment. LEGISLATIVE PROVISIONS NOT ADOPTED PRODUCTS MADE WITH FORCED LABOR Liability for vessel accidents (sec. 3509) Placement of United States citizens in positions LEGISLATIVE PROVISIONS ADOPTED The House bill contained a provision (sec. with the United States Government Increased monitoring of products made with 3508) that would provide the Panama Canal The Senate amendment contained a provi- forced labor (secs. 3701–3703) Commission with a degree of immunity sion (sec. 3510) that would provide placement against claims for damages occurring while The Senate amendment contained provi- priority for involuntarily separated employ- vessels transiting the Canal are under the di- sions (secs. 3701–3704) related to the monitor- ees of the Panama Canal Commission who rection of pilots employed by the Commis- ing of products derived from forced labor. are U.S. citizens and were hired after the sion. The provision is intended to lower the The House bill contained no similar provi- Panama Canal Treaty of 1977 that is on par costs of Canal operations by instituting a li- sions. with priority for other federal employees ability regime that would prevent claims The House recedes with an amendment who are involuntarily separated. against the Commission for $1.0 million or that would eliminate a provision containing The House bill contained no similar provi- less in damages. findings, which emphasized products derived sion. The Senate amendment contained an iden- from forced labor from the People’s Republic The Senate recedes. tical provision (sec. 3509). of China, strike direct references to inden- The conference agreement includes a pro- TITLE XXXVI—MARITIME tured labor, including child labor (secs. 3701– vision that would allow the Panama Canal ADMINISTRATION 3703), and eliminate a specific reference to Commission to prescribe regulations that LEGISLATIVE PROVISIONS ADOPTED mining products (sec. 3702). The conferees note that forced labor in- limit its exposure to liability to those dam- Authorization of appropriations for fiscal year cludes convict labor, forced labor, and inden- ages that exceed a specified threshold 1999 (sec. 3601) amount, provided that such threshold tured labor, as such terms are used in sec- The House bill contained a provision (sec. amount does not exceed $1.0 million, by re- tion 307 of the Tariff Act of 1930 (19 U.S.C. 3601) that would authorize $90.6 million for quiring claimants to look to their insurers 1301 et seq.). Accordingly, the conferees un- fiscal year 1999, as included in the budget re- for compensation for damages below the derstand that indentured labor, to include quest, for the United States Maritime Ad- threshold amount. child labor, is a category of labor included in The conferees believe that a regulatory ap- ministration. the definition of forced labor as established proach will allow greater flexibility for the The Senate amendment contained no simi- in the Tariff Act of 1930, which thereby pro- Commission to implement any changes lar provision. hibits the importation of products made The Senate recedes. through procedures and on a timetable that through the use of indentured or child labor. will allow for consideration of maritime in- Authority to convey National Defense Reserve The conferees further recognize the impor- dustry concerns. The adopted provision Fleet vessel (sec. 3602) tance of strong and enforceable laws relating would also allow the Commission to set the The House bill contained a provision (sec. to products derived from child labor, and em- insurance requirement, and thereby its im- 3602) that would authorize the Secretary of phasize that such laws should be enforced to munity against claims, at a lower threshold Transportation to convey a National Defense the maximum extent practicable by the U.S. if a level less than $1.0 million is determined, Reserve Fleet surplus vessel, M/V Bayamon, Customs Service. through consultation with interested par- to the Trade Fair Ship Company. TITLE XXXVIII—FAIR TRADE IN AUTOMOTIVE ties, to be in the best interests of the Pan- The Senate amendment contained no simi- PARTS ama Canal and world shipping. lar provision. LEGISLATIVE PROVISIONS ADOPTED In light of expectations that the Panama The Senate recedes with an amendment Canal Authority, the successor agency to the that would require that the Secretary dis- Fair trade in automotive parts (secs. 3801–3805) Commission, will implement such a liability- pose of the vessel using competitive proce- The Senate amendment contained provi- limiting regime after it assumes stewardship dures. sions (sec. 3801–3805) that would deal with of Canal operations, this provision is pursu- Authority to convey certain National Defense trade in automotive parts. Section 3801 ant to the U.S. treaty commitment to facili- Reserve Fleet vessels (sec. 3603) would provide that the title could be cited as tate transition to Panamanian control. The the ‘‘Fair Trade in Automotive Parts Act of The House bill contained a provision (sec. conferees expect that if damages during 1998.’’ Section 3802 would define certain 3603) that would authorize the Secretary of Canal transits increase significantly under terms. Section 3803 would direct the Sec- Transportation to sell, at fair market value, any new liability regime, that the Commis- retary of Commerce to re-establish an initia- two surplus TAO class vessels that were par- sion, or its successor Panamanian entity, tive to increase the sale of U.S.-made auto tially built and then transferred to the Na- will consider a revised liability regime that parts to Japanese markets, and prescribe the tional Defense Reserve Fleet. minimizes costs for world commerce as well functions of the Secretary in this regard. The Senate amendment contained no simi- as for Canal operations. Section 3804 would direct the Secretary to lar provision. establish a special advisory committee from Panama Canal Board of Contract Appeals (sec. The Senate recedes with an amendment 3510) the automotive parts industry. Section 3805 that would require that the Secretary dis- would provide that the authority under the The House bill contained a provision (sec. pose of the vessels using competitive proce- Act shall expire on December 31, 2003. 3509) that would authorize the Panama Canal dures. The House bill contained no similar provi- Commission to establish the salaries of Clearinghouse for maritime information (sec. sion. members of the Panama Canal Board of Con- 3604) The House recedes with technical amend- tract Appeals. The Senate amendment contained a simi- The House bill contained a provision (sec. ments. lar provision (sec. 3511). 3604) that would authorize the establishment TITLE XXXIX—RADIO FREE ASIA of a clearinghouse for maritime information The House recedes. LEGISLATIVE PROVISIONS ADOPTED by providing an online trade information Restatement of requirement that Secretary of Short title (sec. 3901) Defense designee on Panama Canal Com- database at a state maritime academy. The The Senate amendment contained a provi- mission supervisory board be a current offi- provision would require the $75,000 funding sion (sec. 3901) that would provide that the cer of the Department of Defense (sec. 3511) needed for this effort be derived from funds authorized for operations of the Maritime provisions in this title related to inter- The Senate amendment contained a provi- Administration. national broadcasting activities to China sion (sec. 3513) that would ensure the Sec- The Senate amendment contained no simi- may be cited as the Radio Free Asia Act of retary of Defense’s designee on the Panama lar provision. 1998. Canal Commission Supervisory Board be an The Senate recedes with an amendment The House bill contained no similar provi- officer of the Department of Defense (DOD), that would make the provision of funds for a sion. rather than an individual who was a DOD of- clearinghouse for maritime information dis- The House recedes. ficer at the time of his designation and sub- cretionary. sequently left his position in the Depart- Authorization of appropriations for increased ment. Conveyance of NDRF vessel ex-USS Lorain funding for Radio Free Asia and Voice of The House bill contained no similar provi- County (sec. 3605) America broadcasting to China (sec. 3902) sion. The House bill contained a provision (sec. The Senate amendment contained a provi- The House recedes with a clarifying 3605) that would authorize the Secretary of sion (sec. 3903) that would authorize $30.0 amendment. Transportation to convey, at no cost to the million for fiscal year 1998 and $22.0 million H8460 CONGRESSIONAL RECORD — HOUSE September 22, 1998 for fiscal year 1999 for the purpose of funding sideration of matters within the jurisdiction tion 1077 of the Senate amendment, and Radio Free Asia broadcasting to the People’s of that committee under clause 2 of rule modifications committed to conference: Republic of China and Tibet, $5.0 million for XLVIII: HENRY J. HYDE, fiscal year 1998 and $3.0 million for fiscal PORTER J. GOSS, ED BRYANT, year 1999 for Voice of America broadcasting JERRY LEWIS, As additional conferees from the Committee to China and Tibet, and an additional $10.0 NORM DICKS, million for fiscal year 1998 and $2.0 million As additional conferees from the Committee on Resources, for consideration of sections for fiscal year 1999 for radio construction in on Banking and Financial Services, for con- 601, 2812, and 3404–3407 of the House bill, and support of such broadcasting. The provision sideration of section 1064 of the Senate sections 601, 2828, and Title XXIX of the Sen- would reserve $100,000 of the funds authorized amendment: ate amendment and modifications commit- ted to conference: for Voice of America broadcasting for broad- JIM LEACH, ON OUNG casts in the Hmong language. MICHAEL N. CASTLE, D Y , The House bill contained no similar provi- JOHN J. LAFALCE, BILLY TAUZIN, sion. As additional conferees from the Committee As additional conferees from the Committee The House recedes with an amendment on Commerce for consideration of sections on Science, for consideration of sections 3135 that would delete the authorizations for fis- 601, 3136, 3151, 3154, 3201, 3401, 3403, 3404, 3405, and 3140 of the Senate amendment, and cal year 1998, eliminate the requirement that 3406, and 3407 of the House bill, and sections modifications committed to conference: certain broadcasts be in the Hmong lan- 321, 601, 1062, 3133, 3140, 3142, 3144, 3201, and F. JAMES SENSENBRENNER, guage, and specify that the additional au- title XXXVIII of the Senate amendment, and Jr., thorizations for fiscal year 1999 are with re- modifications committed to conference: KEN CALVERT, spect to appropriations for the U.S. Informa- THOMAS J. BLILEY, Jr., GEORGE E. BROWN, Jr., tion Agency. DAN SCHAEFER, As additional conferees from the Committee Reporting requirement (sec. 3903) JOHN D. DINGELL, on Transportation and Infrastructure, for The Senate amendment contained a provi- Provided that Mr. Oxley is appointed in lieu consideration of sections 552, 601, 1411, and sion (sec. 3904) that would require the Broad- of Mr. Dan Schaefer for consideration of sec- 1413 of the House bill, and sections 323, 601, casting Board of Governors to submit a re- tion 321 of the Senate amendment. 604, and 1080 of the Senate amendment, and port on their efforts to increase Radio Free MICHAEL G. OXLEY, modifications committed to conference: Asia and Voice of America broadcasts to Provided that Mr. Bilirakis is appointed in BUD SHUSTER, China and Tibet, as well as an analysis of the lieu of Mr. Dan Schaefer for consideration of SHERWOOD BOEHLERT, control by the Government of the People’s section 601 of the House bill, and section 601 BOB CLEMENT, Republic of China of the media in China, to of the Senate amendment. As additional conferees from the Committee the Committees on Foreign Relations and MIKE BILIRAKIS, on Veterans’ Affairs for consideration of sec- Appropriations of the Senate and the Com- Provided that Mr. Tauzin is appointed in lieu tions 556 and 1046 of the House bill, and sec- mittees on International Relations and Ap- of Mr. Dan Schaefer for consideration of sec- tions 618, 619, 644, and 1082 of the Senate propriations of the House of Representatives. tion 1062 and Title XXXVIII of the Senate amendment, and modifications committed to The House bill contained no similar provi- amendment. conference: sion. BILLY TAUZIN CHRISTOPHER H. SMITH, The House recedes with a technical amend- As additional conferees from the Committee MIKE BILIRAKIS, ment. on Education and the Workforce, for consid- CIRO D. RODRIGUEZ, LEGISLATIVE PROVISIONS NOT ADOPTED eration of sections 361, 364, 551, and 3151 of As additional conferees from the Committee Findings the House bill, and sections 522, 643, and 1055 on Ways and Means, for consideration of Ti- of the Senate amendment, and modifications tles XXXVII and XXXVIII of the Senate The Senate amendment contained a provi- committed to conference: amendment, and modifications committed to sion (sec. 3902) that would make certain find- TOM PETRI, conference: ings with respect to freedom of information FRANK RIGGS, PHILIP M. CRANE, in the People’s Republic of China. The House bill contained no similar provi- TIM ROEMER, BILL THOMAS, sion. As additional conferees from the Committee ROBERT T. MATSUI, The Senate recedes. on Government Reform and Oversight, for Managers on the Part of the House. consideration of sections 368, 729, 1025, 1042, From the Committee on National Security, STROM THURMOND, for consideration of the House bill and the and 1101-1106 of the House bill, and sections 346, 623, 707, 805, 806, 813, 814, 815, 816, 1101- JOHN WARNER, Senate amendment, and modifications com- JOHN MCCAIN, mitted to conference: 1105, 3142, 3144, 3145, 3162-3172 and 3510 of the Senate amendment, and modifications com- DAN COATS, FLOYD SPENCE, mitted to conference: BOB SMITH, BOB STUMP, DAN BURTON, DIRK KEMPTHORNE, DUNCAN HUNTER, JOHN L. MICA, JIM INHOFE, JOHN R. KASICH, Provided that Mr. Horn is appointed in lieu RICK SANTORUM, HERBERT H. BATEMAN, of Mr. Mica for consideration of section 368 OLYMPIA J. SNOWE, JAMES V. HANSEN, of the House bill and sections 346, 623, 707, PAT ROBERTS, CURT WELDON, 805, 806, 813, 814, 815, and 816 of the Senate CARL LEVIN, JOEL HEFLEY, amendment. EDWARD M. KENNEDY, JIM SAXTON, STEPHEN HORN, JEFF BINGAMAN, STEVE BUYER, As additional conferees from the Committee JOHN GLENN, TILLIE K. FOWLER, on International Relations, for consideration ROBERT C. BYRD, JOHN M. MCHUGH, of sections 233, 1021, 1043, 1044, 1201, 1204, 1205, CHUCK ROBB, J.C. WATTS, Jr., 1210, 1211, 1213, 1216, and Title XIII of the JOSEPH I. LIEBERMAN, WILLIAM M. THORNBERRY, House bill, and sections 326, 332, 1013, 1041, MAX CLELAND, SAXBY CHAMBLISS, 1042, 1074, 1084, 3506, 3601, 3602, and 3901–3904 Managers on the Part of the Senate. WALTER B. JONES, of the Senate amendment, and modifications f MICHAEL PAPPAS, committed to conference: BOB RILEY, BENJAMIN A. GILMAN, LEAVE OF ABSENCE IKE SKELTON, DOUG BEREUTER, NORMAN SISISKY, LEE H. HAMILTON, By unanimous consent, leave of ab- JOHN M. SPRATT, Jr., As additional conferees from the Committee sence was granted to: SOLOMON P. ORTIZ, on International Relations, for consideration Mr. FALEOMAVAEGA (at the request of OWEN PICKETT, of sections 1207, 1208, 1209, and 1212 of the Mr. GEPHARDT) for Friday, September LANE EVANS, House bill, and modifications committed to 18, through Tuesday, September 22, on GENE TAYLOR, conference: account of official business in the Dis- NEIL ABERCROMBIE, BENJAMIN A. GILMAN, trict. MARTIN T. MEEHAN, DOUG BEREUTER, JANE HARMAN, CHRISTOPHER H. SMITH, f PAUL MCHALE, DAN BURTON, PATRICK J. KENNEDY, DANA ROHRABACHER, SPECIAL ORDERS GRANTED THOMAS H. ALLEN, LEE H. HAMILTON, VIC SNYDER, TOM LANTOS, By unanimous consent, permission to JAMES H. MALONEY, As additional conferees from the Committee address the House, following the legis- As additional conferees from the Permanent on the Judiciary for consideration of sec- lative program and any special orders Select Committee on Intelligence, for con- tions 1045 and 2812 of the House bill and sec- heretofore entered, was granted to: September 22, 1998 CONGRESSIONAL RECORD — HOUSE H8461 (The following Member (at the re- ADJOURNMENT PUBLIC BILLS AND RESOLUTIONS quest of Ms. NORTON) to revise and ex- Ms. NORTON. Mr. Speaker, I move Under clause 5 of Rule X and clause 4 tend her remarks and include extra- that the House do now adjourn. neous material:) The motion was agreed to; accord- of Rule XXII, Ms. NORTON, today, for 5 minutes. ingly (at 10 o’clock and 10 minutes Mr. SOLOMON introduced A bill (H.R. f a.m.), under its previous order, the 4606) to authorize the extension of nondiscriminatory treatment (nor- House adjourned until tomorrow, EXTENSION OF REMARKS mal trade relations treatment) to the Wednesday, September 23, 1998, at 2 products of Kyrgyzstan; which was By unanimous consent, permission to p.m. revise and extend remarks was granted referred to the Committee on Ways f to: and Means. (The following Members (at the re- REPORTS OF COMMITTEES ON quest of Ms. NORTON) and to include ex- PUBLIC BILLS AND RESOLUTIONS f traneous material:) Under clause 2 of rule XIII, reports of Mr. KIND. committees were delivered to the Clerk ADDITIONAL SPONSORS Ms. PELOSI. for printing and reference to the proper Ms. VELA´ ZQUEZ. Under clause 4 of rule XXII, sponsors (The following Members (at the re- calendar, as follows: Mr. WALSH: Committee of Conference. were added to public bills and resolu- quest of Mr. BALLENGER) and to include tions as follows: extraneous material:) Conference report on H.R. 4112. A bill mak- ing appropriations for the Legislative UBIN H.R. 979: Mr. TANNER. Mrs. C . Branch for the fiscal year ending September Mr. PITTS. 30, 1999, and for other purposes (Rept. 105– H.R. 2327: Mr. BACHUS, Mr. MORAN of Kan- Ms. ROS-LEHTINEN. 734). Ordered to be printed. sas, and Mr. EHRLICH. f Mr. ARCHER: Committee on Ways and Means. H.R. 4558. A bill to make technical H.R. 2499: Mr. DEUTSCH and Mr. LATHAM. SENATE BILLS REFERRED amendments to clarify the provision of bene- H.R. 2524: Mr. FROST. A bill of the Senate of the following fits for noncitizens, and to improve the pro- H.R. 2817: Mr. BURTON of Indiana and Mr. title was taken from the Speaker’s vision of unemployment insurance, child BOUCHER. table and, under the rule, referred as support, and supplemental security income follows: benefits; with an amendment (Rept. 105–735, H.R. 2828: Ms. MILLENDER-MCDONALD and Pt. 1). Ordered to be printed. Mr. COSTELLO. S. 2317. An act to improve the National Mr. SPENCE: Conference report on H.R. Wildlife Refuge System, and for other pur- 3616. A bill to authorize appropriations for H.R. 3783: Mrs. WILSON and Mr. poses; to the Committee on Resources. fiscal year 1999 for military activities of the SNOWBARGER. f Department of Defense, to prescribe military H.R. 3879: Mr. BRYANT. personnel strengths for fiscal year 1999, and JOINT RESOLUTION PRESENTED for other purposes (Rept. 105–736). Ordered to H.R. 3992: Mr. DOOLITTLE. TO THE PRESIDENT be printed. H.R. 4034: Mr. HORN. Mr. THOMAS, from the Committee f H.R. 4242: Mr. MOLLOHAN. on House Oversight, reported that that committee did on the following date TIME LIMITATION OF REFERRED H.R. 4563: Mr. DIAZ-BALART, Mr. FROST, Mr. present to the President, for his ap- BILL HASTINGS of Florida, Mr. NETHERCUTT, Ms. proval, a joint resolution of the House Pursuant to clause 5 of rule X the fol- NORTON, and Mr. SESSIONS. of the following title: lowing action was taken by the Speak- H.R. 4590: Mr. KIND of Wisconsin. On September 21, 1998: er. H. Res. 531: Mr. BOB SCHAFFER. H.J. Res. 128. Making continuing appro- H.R. 4558. Referral to the Committee on H. Res. 533: Mr. GILMAN and Mr. SOLOMON. priations for the fiscal year 1999, and for Commerce extended for a period ending not other purposes. later than September 23, 1998.