[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 936 Engrossed in Senate (ES)]
105th CONGRESS
1st Session
S. 936
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 1998 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense Authorization Act
for Fiscal Year 1998''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into three divisions as
follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Reserve components.
Sec. 106. Defense Inspector General.
Sec. 107. Chemical Demilitarization Program.
Sec. 108. Defense health programs.
Sec. 109. Defense Export Loan Guarantee Program.
Sec. 110. Reduction in authorizations of appropriations.
Subtitle B--Army Programs
Sec. 111. Army helicopter modernization plan.
Sec. 112. Multiyear procurement authority for AH-64D Longbow Apache
fire control radar.
Sec. 113. Multiyear procurement authority for family of medium tactical
vehicles.
Subtitle C--Navy Programs
Sec. 121. New Attack Submarine program.
Sec. 122. Nuclear aircraft carrier program.
Sec. 123. Exception to cost limitation for Seawolf submarine program.
Sec. 124. Airborne self-protection jammer program.
Subtitle D--Air Force Programs
Sec. 131. B-2 bomber aircraft program.
Sec. 132. ALR radar warning receivers.
Subtitle E--Other Matters
Sec. 141. Prohibition on use of funds for acquisition or alteration of
private drydocks.
Sec. 142. Replacement of engines on aircraft derived from Boeing 707
aircraft.
Sec. 143. Exception to requirement for a particular determination for
sales of manufactured articles or services
of Army industrial facilities outside the
United States.
Sec. 144. NATO Joint Surveillance/Target Attack Radar System.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Joint Strike Fighter program.
Sec. 212. F-22 aircraft program.
Sec. 213. High Altitude Endurance Unmanned Vehicle Program.
Sec. 214. Advanced Anti-Radiation Guided Missile Program.
Sec. 215. Federally funded research and development centers.
Sec. 216. Goal for dual-use science and technology projects.
Sec. 217. Transfers of authorizations for counterproliferation support
program.
Sec. 218. Kinetic energy tactical anti-satellite technology program.
Sec. 219. Clementine 2 micro-satellite development program.
Sec. 220. Bioassay testing of veterans exposed to ionizing radiation
during military service.
Sec. 221. DOD/VA Cooperative Research Program.
Sec. 222. Multitechnology integration in mixed-mode electronics.
Sec. 223. Facial recognition technology program.
Subtitle C--Ballistic Missile Defense Programs
Sec. 225. National Missile Defense Program.
Sec. 226. Reversal of decision to transfer procurement funds from the
Ballistic Missile Defense Organization.
Subtitle D--Other Matters
Sec. 231. Manufacturing technology program.
Sec. 232. Use of major range and test facility installations by
commercial entities.
Sec. 233. Eligibility for the Defense experimental program to stimulate
competitive research.
Sec. 234. Restructuring of National Oceanographic Partnership Program
organizations.
Sec. 235. Demonstration program on explosives demilitarization
technology.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working-capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Sec. 305. Fisher House Trust Funds.
Sec. 306. Funds for operation of Fort Chaffee, Arkansas.
Subtitle B--Depot-Level Activities
Sec. 311. Percentage limitation on performance of depot-level
maintenance of materiel.
Sec. 312. Centers of Industrial and Technical Excellence.
Sec. 313. Clarification of prohibition on management of depot employees
by constraints on personnel levels.
Sec. 314. Annual report on depot-level maintenance and repair.
Sec. 315. Report on allocation of core logistics activities among
Department of Defense facilities and
private sector facilities.
Sec. 316. Review of use of temporary duty assignments for ship repair
and maintenance.
Sec. 317. Repeal of a conditional repeal of certain depot-level
maintenance and repair laws and a related
reporting requirement.
Sec. 318. Extension of authority for naval shipyards and aviation
depots to engage in defense-related
production and services.
Sec. 319. Realignment of performance of ground communication-electronic
workload.
Subtitle C--Environmental Provisions
Sec. 331. Clarification of authority relating to storage and disposal
of nondefense toxic and hazardous materials
on Department of Defense property.
Sec. 332. Annual report on payments and activities in response to fines
and penalties assessed under environmental
laws.
Sec. 333. Annual report on environmental activities of the Department
of Defense overseas.
Sec. 334. Membership terms for Strategic Environmental Research and
Development Program Scientific Advisory
Board.
Sec. 335. Additional information on agreements for agency services in
support of environmental technology
certification.
Sec. 336. Risk assessments under the Defense Environmental Restoration
Program.
Sec. 337. Recovery and sharing of costs of environmental restoration at
Department of Defense sites.
Sec. 338. Pilot program for the sale of air pollution emission
reduction incentives.
Sec. 339. Tagging system for identification of hydrocarbon fuels used
by the Department of Defense.
Sec. 340. Procurement of recycled copier paper.
Sec. 341. Report on options for the diposal of chemical weapons and
agents.
Subtitle D--Commissaries and Nonappropriated Fund Instrumentalities
Sec. 351. Funding sources for construction and improvement of
commissary store facilities.
Sec. 352. Integration of military exchange services.
Subtitle E--Other Matters
Sec. 361. Advance billings for working-capital funds.
Sec. 362. Center for Excellence in Disaster Management and Humanitarian
Assistance.
Sec. 363. Administrative actions adversely affecting military training
or other readiness activities.
Sec. 364. Financial assistance to support additional duties assigned to
Army National Guard.
Sec. 365. Sale of excess, obsolete, or unserviceable ammunition and
ammunition components.
Sec. 366. Inventory management.
Sec. 367. Warranty claims recovery pilot program.
Sec. 368. Adjustment and diversification assistance to enhance
increased performance of military family
support services by private sector sources.
Sec. 369. Multitechnology automated reader card demonstration program.
Sec. 370. Contracting for procurement of capital assets in advance of
availability of funds in the working-
capital fund financing the procurement.
Sec. 371. Contracted training flight services.
Subtitle F--Sikes Act Improvement
Sec. 381. Short title; references.
Sec. 382. Preparation of integrated natural resources management plans.
Sec. 383. Review for preparation of integrated natural resources
management plans.
Sec. 384. Transfer of wildlife conservation fees from closed military
installations.
Sec. 385. Annual reviews and reports.
Sec. 386. Cooperative agreements.
Sec. 387. Federal enforcement.
Sec. 388. Natural resource management services.
Sec. 389. Definitions.
Sec. 390. Repeal.
Sec. 391. Technical amendments.
Sec. 392. Authorizations of appropriations.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Permanent end strength levels to support two major regional
contingencies.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
Reserves.
Sec. 413. Addition to end strengths for military technicians.
Subtitle C--Authorization of Appropriations
Sec. 421. Authorization of appropriations for military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Personnel Management
Sec. 501. Officers excluded from consideration by promotion board.
Sec. 502. Increase in the maximum number of officers allowed to be
frocked to the grade of O-6.
Sec. 503. Availability of Navy chaplains on retired list or of
retirement age to serve as Chief or Deputy
Chief of Chaplains of the Navy.
Sec. 504. Period of recall service of certain retirees.
Sec. 505. Increased years of commissioned sevice for mandatory
retirement of regular generals and admirals
above major general and rear admiral.
Subtitle B--Matters Relating to Reserve Components
Sec. 511. Termination of Ready Reserve Mobilization Income Insurance
Program.
Sec. 512. Discharge or retirement of Reserve officers in an inactive
status.
Sec. 513. Retention of military technicians in grade of brigadier
general after mandatory separation date.
Sec. 514. Federal status of service by National Guard members as honor
guards at funerals of veterans.
Subtitle C--Education and Training Programs
Sec. 521. Service academies foreign exchange study program.
Sec. 522. Programs of higher education of the Community College of the
Air Force.
Sec. 523. Preservation of entitlement to educational assistance of
members of the Selected Reserve serving on
active duty in support of a contingency
operation.
Sec. 524. Repeal of certain staffing and safety requirements for the
Army Ranger Training Brigade.
Sec. 525. Flexibility in management of Junior Reserve Officers'
Training Corps.
Subtitle D--Decorations and Awards
Sec. 531. Clarification of eligibility of members of Ready Reserve for
award of service medal for heroism.
Sec. 532. Waiver of time limitations for award of certain decorations
to specified persons.
Sec. 533. One-year extension of period for receipt of recommendations
for decorations and awards for certain
military intelligence personnel.
Sec. 534. Eligibility of certain World War II military organizations
for award of unit decorations.
Sec. 535. Retroactivity of Medal of Honor special pension.
Sec. 536. Cold War service medal.
Subtitle E--Military Personnel Voting Rights
Sec. 541. Short title.
Sec. 542. Guarantee of residency.
Sec. 543. State responsibility to guarantee military voting rights.
Subtitle F--Other Matters
Sec. 551. Sense of Congress regarding study of matters relating to
gender equity in the Armed Forces.
Sec. 552. Commission on Gender Integration in the Military.
Sec. 553. Sexual harassment investigations and reports.
Sec. 554. Requirement for exemplary conduct by commanding officers and
other authorities.
Sec. 555. Participation of Department of Defense personnel in
management of non-Federal entities.
Sec. 556. Technical correction to cross reference in ROPMA provision
relating to position vacancy promotion.
Sec. 557. Grade of defense attache in France.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay
Sec. 601. Military pay raise for fiscal year 1998.
Subtitle B--Subsistence, Housing, and Other Allowances
Part I--Reform of Basic Allowance for Subsistence
Sec. 611. Revised entitlement and rates.
Sec. 612. Transitional basic allowance for subsistence.
Sec. 613. Effective date and termination of transitional authority.
Part II--Reform of Housing and Related Allowances
Sec. 616. Entitlement to basic allowance for housing.
Sec. 617. Rates of basic allowance for housing.
Sec. 618. Dislocation allowance.
Sec. 619. Family separation and station allowances.
Sec. 620. Other conforming amendments.
Sec. 621. Clerical amendment.
Sec. 622. Effective date.
Part III--Other Amendments Relating to Allowances
Sec. 626. Revision of authority to adjust compensation necessitated by
reform of subsistence and housing
allowances.
Sec. 627. Deadline for payment of Ready Reserve muster duty allowance.
Subtitle C--Bonuses and Special and Incentive Pays
Sec. 631. One-year extension of certain bonuses and special pay
authorities for Reserve forces.
Sec. 632. One-year extension of certain bonuses and special pay
authorities for nurse officer candidates,
registered nurses, and nurse anesthetists.
Sec. 633. One-year extension of authorities relating to payment of
other bonuses and special pays.
Sec. 634. Increased amounts for aviation career incentive pay.
Sec. 635. Aviation continuation pay.
Sec. 636. Eligibility of dental officers for the multiyear retention
bonus provided for medical officers.
Sec. 637. Increased special pay for dental officers.
Sec. 638. Modification of Selected Reserve reenlistment bonus
authority.
Sec. 639. Modification of authority to pay bonuses for enlistments by
prior service personnel in critical skills
in the Selected Reserve.
Sec. 640. Increased special pay and bonuses for nuclear qualified
officers.
Sec. 641. Authority to pay bonuses in lieu of special pay for enlisted
members extending duty at designated
locations overseas.
Sec. 642. Reserve affiliation agreement bonus for the Coast Guard.
Subtitle D--Retired Pay, Survivor Benefits, and Related Matters
Sec. 651. One-year opportunity to discontinue participation in Survivor
Benefit Plan.
Sec. 652. Time for changing survivor benefit coverage from former
spouse to spouse.
Sec. 653. Paid-up coverage under Survivor Benefit Plan.
Sec. 654. Annuities for certain military surviving spouses.
Subtitle E--Other Matters
Sec. 661. Eligibility of Reserves for benefits for illness, injury, or
death incurred or aggravated in line of
duty.
Sec. 662. Travel and transportation allowances for dependents before
approval of a member's court-martial
sentence.
Sec. 663. Eligibility of members of the uniformed services for
reimbursement of adoption expenses.
Sec. 664. Subsistence of members of the Armed Forces above the poverty
level.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Services
Sec. 701. Waiver of deductibles, copayments, and annual fees for
members assigned to certain duty locations
far from sources of care.
Sec. 702. Payment for emergency health care overseas for military and
civilian personnel of the On-Site
Inspection Agency.
Sec. 703. Disclosures of cautionary information on prescription
medications.
Sec. 704. Health care services for certain Reserves who served in
Southwest Asia during the Persian Gulf War.
Sec. 705. Collection of dental insurance premiums.
Sec. 706. Dental insurance plan coverage for retirees of uniformed
service in the Public Health Service and
NOAA.
Sec. 707. Prosthetic devices for dependents.
Sec. 708. Sense of Congress regarding quality health care for retirees.
Sec. 709. Chiropractic Health Care Demonstration program.
Sec. 710. Authority for agreement for use of medical resource facility,
Alamagordo, New Mexico.
Sec. 711. Study concerning the provision of comparative information.
Subtitle B--Uniformed Services Treatment Facilities
Sec. 731. Implementation of designated provider agreements for
uniformed services treatment facilities.
Sec. 732. Limitation on total payments.
Sec. 733. Continued acquisition of reduced-cost drugs.
Subtitle C--Persian Gulf Illnesses
Sec. 751. Definitions.
Sec. 752 Plan for health care services for Persian Gulf veterans
Sec. 753. Improved medical tracking system for members deployed
overseas in contingency or combat
operations.
Sec. 754. Report on plans to track location of members in a theater of
operations.
Sec. 755. Report on plans to improve detection and monitoring of
chemical, biological, and environmental
hazards in a theater of operations.
Sec. 756. Notice of use of drugs unapproved for their intended usage.
Sec. 757. Report on effectiveness of research efforts regarding Gulf
War illnesses.
Sec. 758. Persian Gulf illness clinical trials program.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 801. Streamlined approval requirements for contracts under
international agreements.
Sec. 802. Restriction on undefinitized contract actions.
Sec. 803. Expansion of authority to cross fiscal years to all severable
service contracts not exceeding a year.
Sec. 804. Limitation on allowability of compensation for certain
contractor personnel.
Sec. 805. Increased price limitation on purchases of right-hand drive
vehicles.
Sec. 806. Conversion of defense capability preservation authority to
Navy shipbuilding capability preservation
authority.
Sec. 807. Elimination of certification requirement for grants.
Sec. 808. Repeal of limitation on adjustment of shipbuilding contracts.
Sec. 809. Blanket waiver of certain domestic source requirements for
foreign countries with certain cooperative
or reciprocal relationships with the United
States.
Subtitle B--Contract Provisions
Sec. 811. Contractor guarantees of major systems.
Sec. 812. Vesting of title in the United States under contracts paid
under progress payment arrangements or
similar arrangements.
Subtitle C--Acquisition Assistance Programs
Sec. 821. Procurement technical assistance programs.
Sec. 822. One-year extension of Pilot Mentor-Protege Program.
Sec. 823. Test program for negotiation of comprehensive subcontracting
plans.
Sec. 824. Price preference for small and disadvantaged businesses.
Subtitle D--Administrative Provisions
Sec. 831. Retention of expired funds during the pendency of contract
litigation.
Sec. 832. Protection of certain information from disclosure.
Sec. 833. Content of limited selected acquisition reports.
Sec. 834. Unit cost reports.
Sec. 835. Central Department of Defense point of contact for
contracting information.
Subtitle E--Other Matters
Sec. 841. Defense business combinations.
Sec. 842. Lease of nonexcess property of Defense Agencies.
Sec. 843. Promotion rate for officers in an Acquisition Corps.
Sec. 844. Use of electronic commerce in Federal procurement.
Sec. 845. Conformance of policy on performance based management of
civilian acquisition programs with policy
established for defense acquisition
programs.
Sec. 846. Modification of process requirements for the solutions-based
contacting pilot program.
Sec. 847. Two-year extension of applicability of fulfillment standards
for defense acquisition workforce training
requirements.
Sec. 848. Department of Defense and Federal Prison Industries joint
study.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Sec. 901. Principal duty of Assistant Secretary of Defense for Special
Operations and Low Intensity Conflict.
Sec. 902. Professional military education schools.
Sec. 903. Use of CINC Initiative Fund for force protection.
Sec. 904. Transfer of TIARA programs.
Sec. 905. Senior Representative of the National Guard Bureau.
Sec. 906. Center for Hemispheric Defense Studies.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Authority for obligation of certain unauthorized fiscal year
1997 defense appropriations.
Sec. 1003. Authorization of prior emergency supplemental appropriations
for fiscal year 1997.
Sec. 1004. Increased transfer authority for fiscal year 1996
authorizations.
Sec. 1005. Biennial financial management strategic plan.
Sec. 1006. Revision of authority for Fisher House Trust Funds.
Sec. 1007. Availability of certain fiscal year 1991 funds for payment
of contract claim.
Sec. 1008. Estimates and requests for procurement and military
construction for the reserve components.
Sec. 1009. Cooperative threat reduction programs and related Department
of Energy programs.
Subtitle B--Naval Vessels and Shipyards
Sec. 1011. Long-term charter of vessel for surveillance towed array
sensor program.
Sec. 1012. Procedures for sale of vessels stricken from the Naval
Vessel Register.
Sec. 1013. Transfers of naval vessels to certain foreign countries.
Subtitle C--Counter-Drug Activities
Sec. 1021. Authority to provide additional support for counter-drug
activities of Mexico.
Sec. 1022. Authority to provide additional support for counter-drug
activities of Peru and Colombia.
Subtitle D--Reports and Studies
Sec. 1031. Repeal of reporting requirements.
Sec. 1032. Common measurement of operations tempos and personnel
tempos.
Sec. 1033. Report on overseas deployment.
Sec. 1034. Report on military readiness requirements of the Armed
Forces.
Sec. 1035. Assessment of cyclical readiness posture of the Armed
Forces.
Sec. 1036. Overseas infrastructure requirements.
Sec. 1037. Report on aircraft inventory.
Sec. 1038. Disposal of excess materials.
Sec. 1039. Review of former spouse protections.
Sec. 1040. Additional matters for annual report on activities of the
General Accounting Office.
Sec. 1041. Eye safety at small arms firing ranges.
Sec. 1042. Report on policies and programs to promote healthy
lifestyles among members of the Armed
Forces and their dependents.
Sec. 1043. Report on policies and practices relating to the protection
of members of the Armed Forces abroad from
terrorist attack.
Sec. 1044. Report on Department of Defense family notification and
assistance procedures in cases of military
aviation accidents.
Sec. 1045. Report on Helsinski Joint Statement.
Sec. 1046. Assessment of the Cuban threat to United States national
security.
Sec. 1047. Fire protection and hazardous materials protection at Fort
Meade, Maryland.
Sec. 1048. Report to Congress assessing dependence on foreign sources
for certain resistors and capacitors.
Subtitle E--Other Matters
Sec. 1051. Psychotherapist-patient privilege in the Military Rules of
Evidence.
Sec. 1052. National Guard Civilian Youth Opportunities Pilot Program.
Sec. 1053. Protection of Armed Forces personnel during peace
operations.
Sec. 1054. Limitation on retirement or dismantlement of strategic
nuclear delivery systems.
Sec. 1055. Acceptance and use of landing fees for use of overseas
military airfields by civil aircraft.
Sec. 1056. One-year extension of international nonproliferation
initiative.
Sec. 1057. Arms control implementation and assistance for facilities
subject to inspection under the Chemical
Weapons Convention.
Sec. 1058. Sense of Senate regarding the relationship between
environmental laws and United States
obligations under the Chemical Weapons
Convention.
Sec. 1059. Sense of Congress regarding funding for reserve component
modernization not requested in the annual
budget request.
Sec. 1060. Authority of Secretary of Defense to settle claims relating
to pay, allowances, and other benefits
Sec. 1061. Coordination of access of commanders and deployed units to
intelligence collected and analyzed by the
intelligence community.
Sec. 1062. Protection of imagery, imagery intelligence, and geospatial
information and data.
Sec. 1063. Protection of air safety information voluntarily provided by
a charter air carrier.
Sec. 1064. Sustainment and operation of Global Positioning System.
Sec. 1065. Law enforcement authority for special agents of the Defense
Criminal Investigative Service.
Sec. 1066. Repeal of requirement for continued operation of the Naval
Academy dairy farm.
Sec. 1067. POW/MIA intelligence analysis.
Sec. 1068. Protection of employees from retaliation for certain
disclosures of classified information.
Sec. 1069. Applicability of certain pay authorities to members of the
Commission on Servicemembers and Veterans
Transition Assistance.
Sec. 1070. Transfer of B-17 aircraft to museum.
Sec. 1071. Five-year extension of aviation insurance program.
Sec. 1072. Treatment of military flight operations.
Sec. 1073. Naturalization of foreign nationals who served honorably in
the Armed Forces of the United States.
Sec. 1074. Designation of Bob Hope as honorary veteran.
Sec. 1075. Criminal prohibition on the distribution of certain
information relating to explosives,
destructive devices, and weapons of mass
destruction.
Sec. 1076. Prohibition on provision of burial benefits to individuals
convicted of Federal capital offenses.
Sec. 1077. National POW/MIA Recognition Day.
Sec. 1078. Donation of excess Army chapel property to churches damaged
or destroyed by arson or other acts of
terrorism.
Sec. 1079. Report on the command selection process for District
Engineers of the Army Corps of Engineers.
Sec. 1080. GAO study on certain computers.
Sec. 1081. Claims by members of the Armed Forces for loss of personal
property due to flooding in the Red River
Basin.
Sec. 1082. Defense burdensharing.
Sec. 1083. Sense of the Senate regarding a follow-on force for Bosnia.
Sec. 1084. Advice to the President and Congress regarding the safety,
security, and reliability of United States
nuclear weapons stockpile.
Sec. 1085. Limitation on use of cooperative threat reduction funds for
destruction of chemical weapons.
Sec. 1086. Restrictions on use of humans as experimental subjects in
biological and chemical weapons research.
Sec. 1087. Sense of the Senate regarding expansion of the North
Atlantic Treaty Organization.
Sec. 1088. Security, fire protection, and other services at property
formerly associated with Red River Army
Depot, Texas.
Sec. 1089. Authority of the Secretary of Defense concerning disposal of
assets under cooperative agreements on air
defense in Central Europe.
Sec. 1090. Restrictions on quantities of alcoholic beverages available
for personnel overseas through Department
of Defense sources.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Sec. 1101. Use of prohibited constraints to manage Department of
Defense personnel.
Sec. 1102. Employment of civilian faculty at the Marine Corps
University.
Sec. 1103. Extension and revision of voluntary separation incentive pay
authority.
Sec. 1104. Repeal of deadline for placement consideration of
involuntarily separated military reserve
technicians.
Sec. 1105. Rate of pay of Department of Defense overseas teacher upon
transfer to General Schedule position.
Sec. 1106. Naturalization of employees of the George C. Marshall
European Center for Security Studies.
Sec. 1107. Garnishment and involuntary allotment.
Sec. 1108. Higher education pilot program for the Naval Undersea
Warfare Center.
TITLE XII--FEDERAL CHARTER FOR THE AIR FORCE SERGEANTS ASSOCIATION
Sec. 1201. Recognition and grant of Federal charter.
Sec. 1202. Powers.
Sec. 1203. Purposes.
Sec. 1204. Service of process.
Sec. 1205. Membership.
Sec. 1206. Board of directors.
Sec. 1207. Officers.
Sec. 1208. Restrictions.
Sec. 1209. Liability.
Sec. 1210. Maintenance and inspection of books and records.
Sec. 1211. Audit of financial transactions.
Sec. 1212. Annual report.
Sec. 1213. Reservation of right to alter, amend, or repeal charter.
Sec. 1214. Tax-exempt status required as condition of charter.
Sec. 1215. Termination.
Sec. 1216. Definition of State.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Authority to use certain prior year funds to construct a
heliport at Fort Irwin, California.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Authorization of military construction project at Pascagoula
Naval Station, Mississippi, for which funds
have been appropriated.
Sec. 2206. Increase in authorization for military construction projects
at Roosevelt Roads Naval Station, Puerto
Rico.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Authorization of military construction project at McConnell
Air Force Base, Kansas, for which funds
have been appropriated.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Military housing planning and design.
Sec. 2403. Improvements to military family housing units.
Sec. 2404. Energy conservation projects.
Sec. 2405. Authorization of appropriations, Defense Agencies.
Sec. 2406. Clarification of authority relating to fiscal year 1997
project at Naval Station, Pearl Harbor,
Hawaii.
Sec. 2407. Authority to use prior year funds to carry out certain
Defense Agency military construction
projects.
Sec. 2408. Modification of authority to carry out fiscal year 1995
projects.
Sec. 2409. Availability of funds for fiscal year 1995 project relating
to relocatable over-the-horizon radar,
Naval Station Roosevelt Roads, Puerto Rico.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
Sec. 2602. Authorization of Army National Guard construction project,
aviation support facility, Hilo, Hawaii,
for which funds have been appropriated.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1995
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1994
projects.
Sec. 2704. Extension of authorization of fiscal year 1993 project.
Sec. 2705. Extension of authorizations of certain fiscal year 1992
projects.
Sec. 2706. Effective date.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Increase in ceiling for minor land acquisition projects.
Sec. 2802. Sale of utility systems of the military departments.
Sec. 2803. Administrative expenses for certain real property
transactions.
Sec. 2804. Use of financial incentives for energy savings and water
cost savings.
Sec. 2805. Screening of real property to be conveyed by the Department
of Defense.
Subtitle B--Land Conveyances
Sec. 2811. Modification of authority for disposal of certain real
property, Fort Belvoir, Virginia.
Sec. 2812. Correction of land conveyance authority, Army Reserve
Center, Anderson, South Carolina.
Sec. 2813. Land conveyance, Hawthorne Army Ammunition Depot, Mineral
County, Nevada.
Sec. 2814. Long-term lease of property, Naples, Italy.
Sec. 2815. Land conveyance, Topsham Annex, Naval Air Station,
Brunswick, Maine.
Sec. 2816. Land conveyance, Naval Weapons Industrial Reserve Plant No.
464, Oyster Bay, New York.
Sec. 2817. Land conveyance, Charleston Family Housing Complex, Bangor,
Maine.
Sec. 2818. Land conveyance, Ellsworth Air Force Base, South Dakota.
Sec. 2819. Modification of land conveyance authority, Rocky Mountain
Arsenal, Colorado.
Sec. 2820. Land conveyance, Army Reserve Center, Greensboro, Alabama.
Sec. 2821. Land conveyance, Hancock Field, Syracuse, New York.
Sec. 2822. Land conveyance, Havre Air Force Station, Montana, and Havre
Training Site, Montana.
Sec. 2823. Land conveyance, Fort Bragg, North Carolina.
Subtitle C--Other Matters
Sec. 2831. Disposition of proceeds of sale of Air Force Plant No. 78,
Brigham City, Utah.
Sec. 2832. Report on closure and realignment of military bases.
Sec. 2833. Sense of Senate on utilization of savings derived from base
closure process.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. Weapons activities.
Sec. 3102. Environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense environmental management privatization.
Sec. 3105. Defense nuclear waste disposal.
Subtitle B--Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction
activities.
Sec. 3127. Funds available for all national security programs of the
Department of Energy.
Sec. 3128. Availability of funds.
Subtitle C--Program Authorizations, Restrictions, and Limitations
Sec. 3131. Defense environmental management privatization projects.
Sec. 3132. International cooperative stockpile stewardship programs.
Sec. 3133. Modernization of enduring nuclear weapons complex.
Sec. 3134. Tritium production.
Sec. 3135. Processing, treatment, and disposition of spent nuclear fuel
rods and other legacy nuclear materials at
the Savannah River Site.
Sec. 3136. Limitations on use of funds for laboratory directed research
and development purposes.
Sec. 3137. Permanent authority for transfers of defense environmental
management funds.
Sec. 3138. Report on remediation under the Formerly Utilized Sites
Remedial Action Program.
Sec. 3139. Tritium production in commercial facilities.
Sec. 3140. Pilot program relating to use of proceeds of disposal or
utilization of certain Department of Energy
assets.
Subtitle D--Other Matters
Sec. 3151. Administration of certain Department of Energy activities.
Sec. 3152. Modification and extension of authority relating to
appointment of certain scientific,
engineering, and technical personnel.
Sec. 3153. Annual report on plan and program for stewardship,
management, and certification of warheads
in the nuclear weapons stockpile.
Sec. 3154. Submittal of biennial waste management reports.
Sec. 3155. Repeal of obsolete reporting requirements.
Sec. 3156. Commission on safeguarding and security of nuclear weapons
and materials at Department of Energy
facilities.
Sec. 3157. Modification of authority on commission on maintaining
United States nuclear weapons expertise.
Sec. 3158. Land transfer, Bandelier National Monument.
Sec. 3159. Participation of national security activities in Hispanic
outreach initiative of the Department of
Energy.
Sec. 3160. Final settlement of Department of Energy community
assistance payments to Los Alamos County
under auspices of Atomic Energy Community
Act of 1955.
Sec. 3161. Designating the Y-12 plant in Oak Ridge, Tennessee as the
National Prototype Center.
Sec. 3162. Northern New Mexico educational foundation.
Sec. 3163. To authorize appropriations for the Greenville Road
Improvement Project, Livermore, California.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Definitions.
Sec. 3302. Authorized uses of stockpile funds.
Sec. 3303. Authority to dispose of certain materials in National
Defense Stockpile.
Sec. 3304. Return of surplus platinum from the Department of the
Treasury.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
Sec. 3402. Leasing of certain oil shale reserves.
Sec. 3403. Repeal of requirement to assign Navy officers to Office of
Naval Petroleum and Oil Shale Reserves.
TITLE XXXV--PANAMA CANAL COMMISSION
Subtitle A--Authorization of Expenditures From Revolving Fund
Sec. 3501. Short title.
Sec. 3502. Authorization of expenditures.
Sec. 3503. Purchase of vehicles.
Sec. 3504. Expenditures only in accordance with treaties.
Subtitle B--Facilitation of Panama Canal Transition
Sec. 3511. Short title; references.
Sec. 3512. Definitions relating to Canal transition.
Part I--Transition Matters Relating to Commission Officers and
Employees
Sec. 3521. Authority for the Administrator of the Commission to accept
appointment as the Administrator of the
Panama Canal Authority.
Sec. 3522. Post-Canal transfer personnel authorities.
Sec. 3523. Enhanced authority of Commission to establish compensation
of Commission officers and employees.
Sec. 3524. Travel, transportation, and subsistence expenses for
Commission personnel no longer subject to
Federal Travel Regulation.
Sec. 3525. Enhanced recruitment and retention authorities.
Sec. 3526. Transition separation incentive payments.
Sec. 3527. Labor-management relations.
Sec. 3528. Availability of Panama Canal Revolving Fund for severance
pay for certain employees separated by
Panama Canal Authority after Canal Transfer
Date.
Part II--Transition Matters Relating to Operation and Administration of
Canal
Sec. 3541. Establishment of procurement system and board of contract
appeals.
Sec. 3542. Transactions with the Panama Canal Authority.
Sec. 3543. Time limitations on filing of claims for damages.
Sec. 3544. Tolls for small vessels.
Sec. 3545. Date of actuarial evaluation of FECA liability.
Sec. 3546. Appointment of notaries public.
Sec. 3547. Commercial services.
Sec. 3548. Transfer from President to Commission of certain regulatory
functions relating to employment
classification appeals.
Sec. 3549. Enhanced printing authority.
Sec. 3550. Technical and conforming amendments.
TITLE XXXVI--MISCELLANEOUS PROVISIONS
Sec. 3601. Commending Mexico on free and fair elections.
Sec. 3602. Sense of Congress regarding Cambodia.
Sec. 3603. Congratulating Governor Christopher Patten of Hong Kong.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ``congressional defense
committees'' means--
(1) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(2) the Committee on National Security and the Committee on
Appropriations of the House of Representatives.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 1998
for procurement for the Army as follows:
(1) For aircraft, $1,394,459,000.
(2) For missiles, $1,223,851,000.
(3) For weapons and tracked combat vehicles,
$1,179,107,000.
(4) For ammunition, $1,043,202,000.
(5) For other procurement, $2,903,730,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated for
fiscal year 1998 for procurement for the Navy as follows:
(1) For aircraft, $6,482,265,000.
(2) For weapons, including missiles and torpedoes,
$1,200,393,000.
(3) For shipbuilding and conversion, $8,593,358,000.
(4) For ammunition for the Navy and Marine Corps,
$369,797,000.
(5) For other procurement, $3,177,700,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 1998 for procurement for the Marine Corps in the amount
of $554,806,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year 1998
for procurement for the Air Force as follows:
(1) For aircraft, $6,048,915,000.
(2) For missiles, $2,411,241,000.
(3) For ammunition, $420,784,000.
(4) For other procurement, $6,798,453,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 1998
for Defense-wide procurement in the amount of $1,749,285,000.
SEC. 105. RESERVE COMPONENTS.
Funds are hereby authorized to be appropriated for fiscal year 1998
for procurement of aircraft, vehicles, communications equipment, and
other equipment for the reserve components of the Armed Forces as
follows:
(1) For the Army National Guard, $100,000,000.
(2) For the Air National Guard, $186,300,000.
(3) For the Army Reserve, $40,000,000.
(4) For the Naval Reserve, $40,000,000.
(5) For the Air Force Reserve, $246,700,000.
(6) For the Marine Corps Reserve, $40,000,000.
SEC. 106. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal year 1998
for procurement for the Inspector General of the Department of Defense
in the amount of $1,800,000.
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.
There is are hereby authorized to be appropriated for fiscal year
1998 the amount of $614,700,000 for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such Act.
SEC. 108. DEFENSE HEALTH PROGRAMS.
Funds are hereby authorized to be appropriated for fiscal year 1998
for the Department of Defense for procurement for carrying out health
care programs, projects, and activities of the Department of Defense in
the total amount of $274,068,000.
SEC. 109. DEFENSE EXPORT LOAN GUARANTEE PROGRAM.
Funds are hereby authorized to be appropriated for fiscal year 1998
for the Department of Defense for carrying out the Defense Export Loan
Guarantee Program established under section 2540 of title 10, United
States Code, in the total amount of $1,231,000.
SEC. 110. REDUCTION IN AUTHORIZATION OF APPROPRIATIONS.
Notwithstanding any other provision of this Act, the aggregate
amount of funds available for Department of Defense, Army Procurement
Advisory and Assistance Services shall be reduced by $30,000,000.
Subtitle B--Army Programs
SEC. 111. ARMY HELICOPTER MODERNIZATION PLAN.
(a) Limitation.--Not more than 25 percent of the amounts authorized
to be appropriated pursuant to section 101(1), 105(1), or 105(3) for
modifications or upgrades of helicopters may be obligated before the
date that is 30 days after the Secretary of the Army submits to the
congressional defense committees a comprehensive plan for the
modernization of the Army's helicopter fleet.
(b) Content of Plan.--The plan required by subsection (a) shall, at
a minimum, contain the following:
(1) A detailed assessment of the Army's present and future
helicopter requirements and present and future helicopter
inventory, including number of aircraft, age of aircraft,
availability of spare parts, flight hour costs, roles and
functions assigned to the fleet as a whole and to its
individual types of aircraft, and the mix of active component
aircraft and reserve component aircraft in the fleet.
(2) Estimates and analysis of requirements and funding
proposed for procurement of new aircraft.
(3) An analysis of the requirements for and funding
proposed for extended service plans or service life extension
plans for fleet aircraft.
(4) A plan for retiring aircraft no longer required or
capable of performing assigned functions, including a
discussion of opportunities to eliminate older aircraft models
and to focus future funding on current or future generation
aircraft.
(5) The implications of the plan for the defense industrial
base.
(c) Funding in Future-Years Defense Program.--The Secretary of the
Army shall include in the plan required by subsection (a) a
certification that the plan is to be funded in the future-years defense
program submitted to Congress in 1998 pursuant to section 221(a) of
title 10, United States Code.
SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR AH-64D LONGBOW APACHE
FIRE CONTROL RADAR.
Beginning with the fiscal year 1998 program year, the Secretary of
the Army may, in accordance with section 2306b of title 10, United
States Code, enter into a multiyear procurement contract for the
procurement of the AH-64D Longbow Apache fire control radar.
SEC. 113. MULTIYEAR PROCUREMENT AUTHORITY FOR FAMILY OF MEDIUM TACTICAL
VEHICLES.
Beginning with the fiscal year 1998 program year, the Secretary of
the Army may, in accordance with section 2306b of title 10, United
States Code, enter into a multiyear procurement contract for the
procurement of vehicles of the Family of Medium Tactical Vehicles. The
contract may be for a term of four years and include an option to
extend the contract for one additional year.
Subtitle C--Navy Programs
SEC. 121. NEW ATTACK SUBMARINE PROGRAM.
(a) Amounts Authorized From SCN Account.--Of the amounts authorized
to be appropriated by section 102(a)(3) for fiscal year 1998,
$2,599,800,000 is available for the New Attack Submarine Program.
(b) Contract Authority.--(1) The Secretary of the Navy may enter
into a contract for the procurement of four submarines under the New
Attack Submarine program.
(2) Any contract entered into under paragraph (1)--
(A) shall, notwithstanding section 2304(k) of title 10,
United States Code, be awarded to one of the two eligible
shipbuilders as the prime contractor on the condition that the
prime contractor enter into one or more subcontracts (under
such prime contract) with the other of the two eligible
shipbuilders as contemplated in the New Attack Submarine Team
Agreement; and
(B) shall provide for--
(i) construction of the first submarine in fiscal
year 1998; and
(ii) advance construction and advance procurement
of materiel for the second, third, and fourth
submarines in fiscal year 1998.
(3) The following shipbuilders are eligible for a contract under
this subsection:
(A) The Electric Boat Corporation.
(B) The Newport News Shipbuilding and Drydock Company.
(4) In paragraph (2)(A), the term ``New Attack Submarine Team
Agreement'' means the agreement known as the Team Agreement between
Electric Boat Corporation and Newport News Shipbuilding and Drydock
Company, dated February 25, 1997, that was submitted to Congress by the
Secretary of the Navy on March 31, 1997.
(c) Limitation of Liability.--If a contract entered into under this
section is terminated, the United States shall not be liable for
termination costs in excess of the total amount appropriated for the
New Attack Submarine program.
(d) Repeals of Superseded Provisions of Previous Defense
Authorization Laws.--(1) Section 131 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat.
206) is amended--
(A) in subsection (a)(1)(B)--
(i) in clause (i), by striking out ``, which shall
be built by Electric Boat Division''; and
(ii) in clause (ii), by striking out ``, which
shall be built by Newport News Shipbuilding''; and
(B) in subsection (b), by striking out paragraph (1).
(2) Section 121 of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2441) is amended--
(A) in subsection (a)--
(i) in paragraph (1)(B), by striking out ``to be
built by Electric Boat Division''; and
(ii) in paragraph (1)(C), by striking out ``to be
built by Newport News Shipbuilding'';
(B) in subsection (d), by striking out paragraph (2);
(C) in subsection (e), by striking out paragraph (1); and
(D) in subsection (g), by striking out ``the committees
specified in subsection (e)(1)'' in paragraphs (3) and(4) and
inserting in lieu thereof ``the Committee on Armed Services of
the Senate and the Committee on National Security of the House
of Representatives''.
(e) Inapplicability of Superseded Aspects of Attack Submarine
Development Plan.--The Secretary of Defense and the Secretary of the
Navy are not required to carry out the portions of the program plan
submitted under subsection (c) of section 131 of the National Defense
Authorization Act for Fiscal Year 1996 that are included in the plan
pursuant to subparagraphs (A), (B), and (E) of paragraph (2) of such
subsection.
SEC. 122. NUCLEAR AIRCRAFT CARRIER PROGRAM.
(a) Amounts Authorized From SCN Account.--Of the amounts authorized
to be appropriated by section 102(a)(3) for fiscal year 1998,
$345,000,000 is available for the procurement and construction of
nuclear and non-nuclear components for the CVN-77 nuclear aircraft
carrier program. The Secretary of the Navy is authorized to enter into
a contract or contracts with the shipbuilder for the procurement and
construction of such components.
(b) Amounts Authorized From RDT&E Account.--Of the amounts
authorized to be appropriated by section 201(2) for fiscal year 1998,
$35,000,000 is available for research, development, test, and
evaluation of technologies that have potential for use in the CVN-77
nuclear aircraft carrier program.
(c) Limitation of Costs.--(1) The Secretary of the Navy shall
structure the procurement of CVN-77 nuclear aircraft carrier and manage
the program so that the CVN-77 may be acquired for an amount not to
exceed $4,600,000,000.
(2) The Secretary of the Navy may adjust the amount set forth in
paragraph (1) for the program by the following amounts:
(A) The amounts of outfitting costs and post-delivery costs
incurred for the program.
(B) The amounts of increases or decreases in costs
attributable to economic inflation after September 30, 1997.
(C) The amounts of increases or decreases in costs
attributable to compliance with changes in Federal, State, or
local laws enacted after September 30, 1997.
(D) The amounts of increases or decreases in costs of the
program that are attributable to new technology built into the
CVN-77 aircraft carrier, as compared to the technology built
into the baseline design of the CVN-76 aircraft carrier.
(E) The amounts of increases or decreases in costs
resulting from changes the Secretary proposes in the funding
plan of the Smart Buy proposal on which the projected savings
are based.
(3) The Secretary of the Navy shall submit to the congressional
defense committees annually, at the same time as the submission of the
budget under section 1105(a) of title 31, United States Code, any
changes in the amount set forth in paragraph (1) that he has determined
to be associated with costs referred to in paragraph (2).
SEC. 123. EXCEPTION TO COST LIMITATION FOR SEAWOLF SUBMARINE PROGRAM.
In the application of the limitation in section 133(a) of the
National Defense Authorization Act for Fiscal Year 1996 (Public Law
104-106; 110 Stat. 211), there shall not be taken into account
$745,700,000 of the amounts that were appropriated for procurement of
Seawolf class submarines before the date of the enactment of this Act
(that amount having been appropriated for fiscal years 1990, 1991, and
1992 for the procurement of SSN-23, SSN-24, and SSN-25 Seawolf class
submarines, which have been canceled).
SEC. 124. AIRBORNE SELF-PROTECTION JAMMER PROGRAM.
(a) Limitation on Resumption of Serial Production.--Serial
production of the airborne self-protection jammer may not be resumed
until the Director of Operational Test and Evaluation of the Department
of Defense has certified in writing to Congress that--
(1) the capabilities of the airborne self-protection jammer
exceed the capabilities of the integrated defensive electronics
countermeasure system that is under development for use in F/A-
18E/F aircraft;
(2) the units of the airborne self-protection jammer to be
produced are to be used in F/A-18E/F aircraft; and
(3) the deficiencies in the airborne self-protection jammer
noted by the Director before the date of the enactment of this
Act have been eliminated.
(b) Limitation on Obligation of Funds.--No funds authorized to be
appropriated by this or any other Act may be obligated for serial
production of the airborne self-protection jammer until the Secretary
of Defense has certified in writing to Congress that funding is
programmed for serial production of the airborne self-protection jammer
in the future-years defense program.
Subtitle D--Air Force Programs
SEC. 131. B-2 BOMBER AIRCRAFT PROGRAM.
(a) Prohibition.--None of the funds authorized to be appropriated
in this or any other Act may be used--
(1) to procure any additional B-2 bomber aircraft; or
(2) to maintain any part of the bomber industrial base
solely for the purpose of preserving the option to procure
additional B-2 bomber aircraft in the future.
(b) Exceptions.--The prohibition in subsection (a) does not apply
to--
(1) any B-2 bomber aircraft that is covered by a contract
for the production of that aircraft as of the date of the
enactment of this Act; or
(2) any part of the bomber industrial base that is
necessary for producing all B-2 bomber aircraft referred to in
paragraph (1), but only for so long as is necessary to complete
the production of such aircraft.
SEC. 132. ALR RADAR WARNING RECEIVERS.
(a) Cost and Operation Effectiveness Analysis.--The Secretary of
the Air Force shall conduct a cost and operation effectiveness analysis
of upgrading the ALR69 radar warning receiver as compared with the
further acquisition of the ALR56M radar warning receiver.
(b) Submission to Congress.--The Secretary shall submit the cost
and operation effectiveness analysis to the congressional defense
committees not later than April 2, 1998.
Subtitle E--Other Matters
SEC. 141. PROHIBITION ON USE OF FUNDS FOR ACQUISITION OR ALTERATION OF
PRIVATE DRYDOCKS.
(a) Prohibition.--None of the funds authorized to be appropriated
by this or any other Act may be used, directly or indirectly, to
purchase, lease, upgrade, or modify privately-owned drydocks.
(b) Exceptions.--The prohibition in subsection (a) does not apply
to the following:
(1) Any purchase, lease, upgrade, or modification initiated
before the date of the enactment of this Act.
(2) Any installation of state-of-the-art technology for a
drydock that does not also increase the capacity of the
drydock.
SEC. 142. REPLACEMENT OF ENGINES ON AIRCRAFT DERIVED FROM BOEING 707
AIRCRAFT.
(a) Analysis Required.--The Under Secretary of Defense for
Acquisition and Technology shall submit to the Committee on Armed
Services of the Senate and the Committee on National Security of the
House of Representatives an analysis of the requirements of the
Department of Defense for replacing engines on the aircraft of the
department that are derived from the Boeing 707 aircraft and the costs
of meeting the requirements.
(b) Content.--The analysis shall include the following:
(1) The number of aircraft described in subsection (a) that
are in the inventory of the Department of Defense and the
number of such aircraft that are projected to be in the
inventory of the department in 5 years, in 10 years, and in 15
years.
(2) For each type of such aircraft, the estimated cost of
operating the aircraft for each fiscal year after fiscal year
1997 and before fiscal year 2015, taking into account
historical patterns of usage and projected support costs.
(3) For each type of such aircraft, the estimated costs and
the benefits of replacing the engines on the aircraft, analyzed
on the basis of the experience under the limited program for
replacing the engines on RC-135 aircraft that was undertaken
during fiscal years 1995, 1996, and 1997.
(4) The estimated total cost of replacing the engines
pursuant to a program that provides for replacement of the
engines on all of the aircraft of one type before undertaking
the replacement of the engines on the aircraft of another type,
with a higher priority being given in turn to each type of
aircraft in which the replacement of the engines is expected to
yield the anticipated benefits of replacement faster.
(5) Various plans for replacement of engines that the Under
Secretary considers best on the basis of costs and benefits.
(c) Submission Deadline.--The Under Secretary shall submit the
report under this section not later than March 1, 1998.
SEC. 143. EXCEPTION TO REQUIREMENT FOR A PARTICULAR DETERMINATION FOR
SALES OF MANUFACTURED ARTICLES OR SERVICES OF ARMY
INDUSTRIAL FACILITIES OUTSIDE THE UNITED STATES.
Section 4543 of title 10, United States Code, is amended--
(1) in subsection (a)(5), by inserting ``, except in the
case of a sale described in subsection (b),'' after ``the
Secretary of the Army determines'';
(2) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively; and
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) Exception to Requirement for a Particular Determination.--A
determination described in subsection (a)(5) is not necessary under the
regulations in the case of--
``(1) a sale of articles to be incorporated into a weapon
system being procured by the Department of Defense; or
``(2) a sale of services to be used in the manufacture of a
weapon system being procured by the Department of Defense.''.
SEC. 144. NATO JOINT SURVEILLANCE/TARGET ATTACK RADAR SYSTEM.
(a) Funding.--Amounts authorized to be appropriated under this
title and title II are available for a NATO alliance ground
surveillance capability that is based on the Joint Surveillance/Target
Attack Radar System of the United States, as follows:
(1) Of the amount authorized to be appropriated under
section 101(5), $26,153,000.
(2) Of the amount authorized to be appropriated under
section 103(1), $10,000,000.
(3) Of the amount authorized to be appropriated under
section 201(1), $13,500,000.
(4) Of the amount authorized to be appropriated under
section 201(3), $26,061,000.
(b) Authority.--(1) Subject to paragraph (2), the Secretary of
Defense may utilize authority under section 2350b of title 10, United
States Code, for contracting for the purposes of Phase I of a NATO
Alliance Ground Surveillance capability that is based on the Joint
Surveillance/Target Attack Radar System of the United States,
notwithstanding the condition in such section that the authority be
utilized for carrying out contracts or obligations incurred under
section 27(d) of the Arms Export Control Act (22 U.S.C. 2767(d)).
(2) The authority under paragraph (1) applies during the period
that the conclusion of a cooperative project agreement for a NATO
Alliance Ground Surveillance capability under section 27(d) of the Arms
Export control Act is pending, as determined by the Secretary of
Defense.
(c) Modification of Air Force Aircraft.--Amounts available pursuant
to paragraphs (2) and (4) of subsection (a) may be used to provide for
modifying two Air Force Joint Surveillance/Target Attack Radar System
production aircraft to have a NATO Alliance Ground Surveillance
capability that is based on the Joint Surveillance/Target Attack Radar
System of the United States.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal year 1998 for the use of the Department
of Defense for research, development, test, and evaluation as follows:
(1) For the Army, $4,750,462,000.
(2) For the Navy, $7,812,972,000.
(3) For the Air Force, $14,302,264,000.
(4) For Defense-wide activities, $10,087,347,000, of
which--
(A) $268,183,000 is authorized for the activities
of the Director, Test and Evaluation; and
(B) $31,384,000 is authorized for the Director of
Operational Test and Evaluation.
(b) Availability of Funds for Counter-Landmine Technologies.--Of
the amounts available in section 201(4) for demining acitivity, the
Secretary of Defense may utilize $2,000,000 for the following
activities:
(1) The development of technologies for detecting,
locating, and removing abandoned landmines.
(2) The operation of a test and evaluation facility at the
Nevada Test Site, Nevada, for the testing of the performance of
such technologies.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. JOINT STRIKE FIGHTER PROGRAM.
(a) Report.--Not later than February 15, 1998, the Secretary of
Defense shall submit to the congressional defense committees a report
on the options for the sequence in which the variants of the joint
strike fighter are to be produced and fielded.
(b) Content of Report.--The report shall contain the following:
(1) A review of the plan for production under the Joint
Strike Fighter program that was used by the Department of
Defense for developing the funding estimates for the fiscal
year 1999 budget request for the Department of Defense.
(2) An estimate of the costs, and an analysis of the costs
and benefits, of producing the joint strike fighter variants in
a sequence that provides for fielding of the naval variant of
the aircraft first.
(3) A comparison of the costs and benefits of the various
options for the sequence for fielding the variants of the joint
strike fighter that the Secretary of Defense considers likely
to be the options from among which a sequence for fielding is
selected, including a discussion of the effects that selection
of each such option would have on the costs and rates of
production of the units of F/A-18E/F and F-22 aircraft that are
in production when the Joint Strike Fighter Program proceeds
into production.
(c) Limitation on Use of Funds Pending Submission of Report.--Not
more than 90 percent of the total amount authorized to be appropriated
under this Act for the Joint Strike Fighter Program may be obligated
until the date that is 30 days after the date on which the
congressional defense committees receive the report required under this
section.
(d) Fiscal Year 1998 Budget Defined.--In this section, the term
``fiscal year 1999 budget request for the Department of Defense'' means
the budget estimates for the Department of Defense for fiscal year 1999
that were submitted to Congress by the Secretary of Defense in
connection with the submission of the budget for fiscal year 1998 to
Congress under section 1105 of title 31, United States Code.
SEC. 212. F-22 AIRCRAFT PROGRAM.
(a) Limitation on Total Cost of Engineering and Manufacturing
Development.--The total amount obligated or expended for engineering
and manufacturing development under the F-22 aircraft program may not
exceed $18,688,000,000.
(b) Limitation on Total Cost of Production.--The total amount
obligated or expended for the F-22 production program may not exceed
$43,000,000,000.
(c) Limitation on Obligation of Funds.--Of the total amount
authorized to be appropriated for the F-22 aircraft program for a
fiscal year, not more than 90 percent of the amount may be obligated
until the Comptroller General submits to Congress--
(1) the report required to be submitted in that fiscal year
under subsection (c); and
(2) a certification that the Comptroller General has had
access to sufficient information to make informed judgments on
the matters covered by the report.
(d) Annual GAO Review.--(1) Not later than December 1 of each year,
the Comptroller General shall review the F-22 aircraft program and
submit to Congress a report on the results of the review. The
Comptroller General shall also submit to Congress for each report a
certification regarding whether the Comptroller General has had access
to sufficient information to make informed judgments on the matters
covered by the report.
(2) The report submitted on the program each year shall include the
following:
(A) The extent to which engineering and manufacturing
development under the program is meeting the goals established
for engineering and manufacturing development under the
program.
(B) The status of costs, testing, and modifications.
(C) The plan for engineering and manufacturing development
(leading to production) under the program for the fiscal year
that begins in the following year.
(D) A conclusion regarding whether the plan referred to in
subparagraph (C) can be successfully carried out consistent
with the limitation in subsection (a).
(E) A conclusion regarding whether engineering and
manufacturing development (leading to production) under the
program is likely to be completed at a total cost not in excess
of the amount specified in subsection (a).
(3) The Comptroller General shall submit the first report under
this subsection not later than December 1, 1997. No report is required
under this subsection after engineering and manufacturing development
under the program has been completed.
(e) Requirement To Support Annual GAO Review.--The Secretary of the
Air Force and the prime contractor under the F-22 aircraft program
shall provide the Comptroller General with such information on the
program as the Comptroller considers necessary to carry out the
responsibilities under subsection (d).
SEC. 213. HIGH ALTITUDE ENDURANCE UNMANNED VEHICLE PROGRAM.
(a) Limitation on Total Cost of Advanced Concept Technology
Demonstration.--(1) The total amount obligated or expended for advanced
concept technology demonstration under the High Altitude Endurance
Unmanned Vehicle Program through fiscal year 2003 may not exceed
$476,826,000.
(2) The total amount obligated or expended in fiscal year 1999,
2000, 2001, or 2002 for advanced concept technology demonstration under
the High Altitude Endurance Unmanned Vehicle Program may not exceed the
amount specified for that fiscal year, as follows:
(A) In fiscal year 1999, not more than $167,864,000.
(B) In fiscal year 2000, not more than $31,374,000.
(C) In fiscal year 2001, not more than $19,106,000.
(D) In fiscal year 2002, not more than $20,866,000.
(b) Limitation on Acquisition.--No high altitude endurance unmanned
vehicle may be acquired after the date of the enactment of this Act
until 50 percent of the testing programmed in the test and evaluation
master plan (as of such date) for the high altitude endurance unmanned
vehicle has been completed.
(c) Limitation on Proceeding.--The High Altitude Endurance Unmanned
Vehicle Program may not proceed beyond advanced concept technology
demonstration until the Comptroller General has certified to Congress
that the high altitude endurance unmanned vehicles can be produced
under the program at an average unit cost that does not exceed
$10,000,000 (the so-called fly away price) in fiscal year 1994 constant
dollars.
(d) GAO Review.--(1) The Comptroller General shall review the High
Altitude Endurance Unmanned Vehicle Program for purposes of making the
certification under subsection (c).
(2) The Secretary of Defense and the prime contractors under the
High Altitude Endurance Unmanned Vehicle Program shall provide the
Comptroller General with such information on the program as the
Comptroller considers necessary to make the determinations required for
the certification under subsection (c).
SEC. 214. ADVANCED ANTI-RADIATION GUIDED MISSILE PROGRAM.
To the extent provided in appropriations Acts, the Secretary of the
Navy may use not more than $25,000,000 of the amount appropriated for
the Navy for fiscal year 1997 for research, development, test,
evaluation for the Advanced Anti-Radiation Guided Missile Program in
order to fund fiscal year 1998 research, development, test, and
evaluation programs of the Navy that have a higher priority than such
program.
SEC. 215. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS.
(a) Limitation on Staff Years Funded.--Not more than 6,206 staff
years of technical effort (staff years) may be funded for federally
funded research and development centers out of the funds authorized to
be appropriated for the Department of Defense for fiscal year 1998.
(b) Allocations Among Centers.--(1) Not later than 60 days after
the date of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report that specifies
the number of staff years of technical effort that is to be allocated
(for funding as described in subsection (a)) to each defense federally
funded research and development center for fiscal year 1998.
(2) After the submission of the report on allocation of staff years
of technical effort under paragraph (1), the Secretary of Defense may
not reallocate more than 5 percent of the staff years of technical
effort allocated to a federally funded research and development center
for fiscal year 1998 from that center to other federally funded
research and development centers until 30 days after the date on which
the Secretary has submitted a justification for the reallocation to the
congressional defense committees.
(c) Fiscal Year 1999 Allocation.--(1) The Secretary of Defense
shall submit to the congressional defense committees a report that
specifies the number of staff years of technical effort that is to be
allocated to each federally funded research and development center for
fiscal year 1999 for funding out of the funds authorized to be
appropriated for the Department of Defense for that fiscal year.
(2) The report shall be submitted at the same time that the
President submits the budget for fiscal year 1999 to Congress under
section 1105 of title 31, United States Code.
(c) Staff Year Defined.--In this section, the term ``staff year of
technical effort'' means 1,810 hours of paid effort by direct and
consultant labor performing professional-level technical work primarily
in the fields of studies and analysis, system engineering and
integration, systems planning, program and policy planning and
analyses, and basic and applied research.
SEC. 216. GOAL FOR DUAL-USE SCIENCE AND TECHNOLOGY PROJECTS.
(a) Goals.--(1) Subject to paragraph (3), it shall be the objective
of the Secretary of each military department to obligate for dual-use
projects in each fiscal year referred to in paragraph (2), out of the
total amount authorized to be appropriated for such fiscal year for new
projects initiated under the applied research programs of the military
department, the percent of such amount that is specified for that
fiscal year in paragraph (2).
(2) The objectives for fiscal years under paragraph (1) are as
follows:
(A) For fiscal year 1998, 5 percent.
(B) For fiscal year 1999, 7 percent.
(C) For fiscal year 2000, 10 percent.
(3) The Secretary of Defense may establish for a military
department for a fiscal year an objective different from the objective
set forth in paragraph (2) if the Secretary--
(A) determines that compelling national security
considerations require the establishment of the different
objective; and
(2) notifies Congress of the determination and the reasons
for the determination.
(b) Designation of Official for Dual-Use Programs.--(1) The
Secretary of Defense shall designate a senior official in the Office of
the Secretary of Defense to carry out responsibilities for dual-use
programs under this subsection. The designated official shall report
directly to the Under Secretary of Defense for Acquisition and
Technology.
(2) The primary responsibilities of the designated official shall
include developing policy and overseeing the establishment of, and
adherence to, procedures for ensuring that dual-use programs are
initiated and administered effectively and that applicable commercial
technologies are integrated into current and future military systems.
(3) In carrying out the responsibilities, the designated official
shall ensure that--
(A) dual-use projects are consistent with the joint
warfighting science and technology plan referred to in section
270 of the National Defense Authorization Act for Fiscal Year
1997 (Public Law 104-201; 10 U.S.C. 2501 note); and
(B) the dual-use projects of the military departments and
defense agencies of the Department of Defense are coordinated
and avoid unnecessary duplication.
(c) Financial Commitment of Non-Federal Government Participants.--
The total amount of funds provided by a military department for a dual-
use project entered into by the Secretary of that department shall not
exceed 50 percent of the total cost of the project. The Secretary may
consider in-kind contributions by non-Federal participants for dual-use
projects for the purpose of calculating the share of project costs that
has been or is being undertaken by such participants only to the extent
provided in regulations issued pursuant to section 2511(c)(2) of title
10, United States Code.
(d) Use of Competitive Procedures.--Funds obligated for a dual-use
project may be counted toward meeting an objective under subsection (a)
only if the funds are obligated for a contract, grant, cooperative
agreement, or other transaction that was entered into through the use
of competitive procedures.
(e) Report.--(1) Not later than January 31 of each of 1998, 1999,
and 2000, the Secretary of Defense shall submit a report to the
congressional defense committees on the progress made by the Department
of Defense in meeting the objectives set forth in subsection (a) during
the preceding fiscal year.
(2) The report for a fiscal year shall contain, at a minimum, the
following:
(A) The aggregate value of all contracts, grants,
cooperative agreements, or other transactions entered into
during the fiscal year for which funding is counted toward
meeting an objective under this section, expressed in
relationship to the total amount appropriated for the applied
research programs in the Department of Defense for that fiscal
year.
(B) For each military department, the value of all
contracts, grants, cooperative agreements, or other
transactions entered into during the fiscal year for which
funding is counted toward meeting an objective under this
section, expressed in relationship to the total amount
appropriated for the applied research program of the military
department for that fiscal year.
(C) A summary of the cost-sharing arrangements in dual-use
projects that were initiated during the fiscal year and are
counted toward reaching an objective under this section.
(D) A description of the regulations, directives, or other
procedures that have been issued by the Secretary of Defense or
the Secretary of a military department to increase the
percentage of the total value of the dual-use projects
undertaken to meet or exceed an objective under this section.
(E) Any recommended legislation to facilitate achievement
of objectives under this section.
(f) Repeal of Superseded Authority.--Section 203 of the National
Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110
Stat. 2451) is repealed.
(g) Definitions.--In this section:
(1) The term ``applied research program'' means a program
of a military department which is funded under the 6.2
Research, Development, Test and Evaluation account of that
department.
(2) The term ``dual-use project'' means a project under a
program of a military department or a defense agency under
which research or development of a dual-use technology is
carried out and the costs of which are shared by the Department
of Defense and non-Government entities.
SEC. 217. TRANSFERS OF AUTHORIZATIONS FOR COUNTERPROLIFERATION SUPPORT
PROGRAM.
(a) In General.--In addition to the transfer authority provided in
section 1001, upon determination by the Secretary of Defense that such
action is necessary in the national interest, the Secretary may
transfer amounts of authorizations made available to the Department of
Defense in this division for fiscal year 1998 to counterproliferation
programs, projects, and activities identified as areas for progress by
the Counterproliferation Program Review Committee established by
section 1605 of the National Defense Authorization Act for Fiscal Year
1994 (22 U.S.C. 2751 note). Amounts of authorizations so transferred
shall be merged with and be available for the same purposes as the
authorization to which transferred.
(b) Limitations.--(1) The total amount of authorizations
transferred under the authority of this section may not exceed
$50,000,000.
(2) The authority provided by this section to transfer
authorizations--
(A) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(B) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect of Transfers on Accounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount
is transferred by an amount equal to the amount transferred.
(d) Congressional Notification.--The Secretary of Defense shall
promptly notify Congress of transfers made under the authority of this
section.
SEC. 218. KINETIC ENERGY TACTICAL ANTI-SATELLITE TECHNOLOGY PROGRAM.
(a) Funding.--Of the funds authorized to be appropriated under
section 201(4), $80,000,000 shall be available for the kinetic energy
tactical anti-satellite technology program.
(b) Limitation.--None of the funds authorized to be appropriated to
the Department of Defense for fiscal year 1998 for program element
65104D, relating to technical studies and analyses, may be obligated or
expended until the funds specified in subsection (a) have been released
to the program manager of the tactical kinetic energy anti-satellite
technology program for implementation of that program.
SEC. 219. CLEMENTINE 2 MICRO-SATELLITE DEVELOPMENT PROGRAM.
(a) Funding.--Of the amount authorized to be appropriated under
section 201(3), $50,000,000 shall be available for the Clementine 2
micro-satellite near-earth asteroid interception mission.
(b) Limitation.--Of the funds authorized to be appropriated
pursuant to this Act in program element 64480F for the Global
Positioning System Block IIF satellite system, not more than
$35,000,000 may be obligated until the Secretary of Defense certifies
to Congress that the Secretary has made available for obligation the
funds appropriated pursuant to subsection (a) for the purpose specified
in that subsection.
SEC. 220. BIOASSAY TESTING OF VETERANS EXPOSED TO IONIZING RADIATION
DURING MILITARY SERVICE.
(a) Nuclear Test Personnel Program.--Of the amount provided in
section 201(4), $300,000 shall be available for testing described in
subsection (b) in support of the Nuclear Test Personnel Program
conducted by the Defense Special Weapons Agency.
(b) Covered Testing.--Subsection (a) applies to the third phase of
bioassay testing of individuals who are radiation-exposed veterans (as
defined in section 1112(c)(3)(A) of title 38, United States Code) who
participated in radiation-risk activities (as defined in such
paragraph).
(c) Collection of Samples.--The appropriate department or agency
shall collect the required bioassay samples, at the request of a
veteran who participated in the United States atmospheric nuclear
testing or the occupation of Hiroshima and Nagasaki, Japan, and forward
them to Brookhaven National Laboratory, under the appropriate chain of
custody.
SEC. 221. DOD/VA COOPERATIVE RESEARCH PROGRAM.
Of the amount authorized to be appropriated by section 201(4),
$15,000,000 shall be available for the DOD/VA Cooperative Research
Program. The Secretary of Defense shall be the executive agent for the
funds authorized under this section.
SEC. 222. MULTITECHNOLOGY INTEGRATION IN MIXED-MODE ELECTRONICS.
(a) Amount for Program.--Of the amount authorized to be
appropriated under section 201(4), $7,000,000 is available for
Multitechnology Integration in Mixed-Mode Electronics.
(b) Adjustments to Authorizations of Appropriations.--(1) The
amount authorized to be appropriated under section 201(4) is hereby
increased by $7,000,000.
(2) The amount authorized to be appropriated under section 101(5)
and available for special equipment for user testing is reduced by
$7,000,000.
SEC. 223. FACIAL RECOGNITION TECHNOLOGY PROGRAM.
(a) Availability of Funds.--(1) Notwithstanding any other provision
of this Act, the amount authorized to be appropriated by section 201(4)
is hereby increased by $5,000,000.
(2) Funds available under the section referred to in paragraph (1)
as a result of the increase in the authorization of appropriations made
by that paragraph may be available for a facial recognition technology
program. The Secretary shall use competitive procedures in selecting
participants for the program.
(b) Offset.--Notwithstanding any other provision of this Act, the
amount authorized to be appropriated by section 201(1) is hereby
decreased by $5,000,000.
Subtitle C--Ballistic Missile Defense Programs
SEC. 225. NATIONAL MISSILE DEFENSE PROGRAM.
(a) Program Structure.--To preserve the option of achieving an
initial operational capability in fiscal year 2003, the Secretary of
Defense shall ensure that the National Missile Defense Program is
structured and programmed for funding so as to support a test, in
fiscal year 1999, of an integrated national missile defense system that
is representative of the national missile defense system architecture
that could achieve initial operational capability in fiscal year 2003.
(b) Elements of NMD System.--The national missile defense system
architecture specified in subsection (a) shall consist of the following
elements:
(1) An interceptor system that optimizes defensive coverage
of the continental United States, Alaska, and Hawaii against
limited ballistic missile attack (whether accidental,
unauthorized, or deliberate).
(2) Ground-based radars.
(3) Space-based sensors.
(4) Battle management, command, control, and communications
(BM/C3).
(c) Plan for NMD System Development and Deployment.--Not later than
February 15, 1998, the Secretary of Defense shall submit to the
congressional defense committees a plan for the development and
deployment of a national missile defense system that could achieve
initial operational capability in fiscal year 2003. The plan shall
include the following matters:
(1) A detailed description of the system architecture
selected for development.
(2) A discussion of the justification for the selection of
that particular architecture.
(3) The Secretary's estimate of the amounts of the
appropriations that would be necessary for research,
development, test, evaluation, and for procurement for each of
fiscal years 1999 through 2003 in order to achieve an initial
operational capability of the system architecture in fiscal
year 2003.
(4) For each activity necessary for the development and
deployment of the national missile defense system architecture
selected by the Secretary that would at some point conflict
with the terms of the ABM Treaty, if any--
(A) a description of the activity;
(B) a description of the point at which the
activity would conflict with the terms of the ABM
Treaty;
(C) the legal analysis justifying the Secretary's
determination regarding the point at which the activity
would conflict with the terms of the ABM Treaty; and
(D) an estimate of the time at which such point
would be reached in order to achieve a test of an
integrated missile defense system in fiscal year 1999
and initial operational capability of such a system in
fiscal year 2003.
(d) Funding for Fiscal Year 1998.--Of the funds authorized to be
appropriated under section 201(4), $978,091,000 shall be available for
the national missile defense program.
(e) ABM Treaty Defined.--In this section, the term ``ABM Treaty''
means the Treaty Between the United States of America and the Union of
Soviet Socialist Republics on the Limitation of Anti-Ballistic Missile
Systems, signed at Moscow on May 26, 1972, and includes the Protocol to
that treaty, signed at Moscow on July 3, 1974.
SEC. 226. REVERSAL OF DECISION TO TRANSFER PROCUREMENT FUNDS FROM THE
BALLISTIC MISSILE DEFENSE ORGANIZATION.
(a) Transfers Required.--The Secretary of Defense shall--
(1) transfer to appropriations available to the Ballistic
Missile Defense Organization for procurement for fiscal year
1998 the amounts that were transferred to accounts of the Army,
Navy, Air Force, and Marine Corps pursuant to Program Budget
Decision 224C3, signed by the Under Secretary of Defense
(Comptroller) on December 23, 1996; and
(2) ensure that, in the future-years defense program, the
procurement funding covered by that program budget decision is
programmed for appropriations accounts of the Ballistic Missile
Defense Organization rather than appropriations accounts of the
Armed Forces.
(b) Relationship to Other Transfer Authority.--The transfer
authority provided in subsection (a) is in addition to the transfer
authority provided in section 1001.
Subtitle D--Other Matters
SEC. 231. MANUFACTURING TECHNOLOGY PROGRAM.
Section 2525(c)(2) of title 10, United States Code, is amended to
read as follows:
``(2) In order to promote increased dissemination and use of
manufacturing technology throughout the national defense technology and
industrial base, the Secretary shall seek, to the maximum extent
practicable, the participation of manufacturers of manufacturing
equipment in the projects under the program.''.
SEC. 232. USE OF MAJOR RANGE AND TEST FACILITY INSTALLATIONS BY
COMMERCIAL ENTITIES.
(a) Extension of Authority.--Subsection (g) of section 2681 of
title 10, United States Code, is amended by striking out ``1998'' and
inserting in lieu thereof ``2001''.
(b) Additional Reporting Requirement.--Subsection (h) of such
section is amended--
(1) by striking out ``Report.--'' and inserting in lieu
thereof ``Reports.--(1)''; and
(2) by adding at the end the following:
``(2) Not later than February 15, 1998, the Secretary of Defense
shall submit to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives a report
identifying existing and proposed procedures to ensure that the use of
Major Range and Test Facility Installations by commercial entities does
not compete with private sector test and evaluation services.''.
(c) Repeal of Reporting Requirements When Executed.--Effective on
October 1, 1998, subsection (h) of such section is repealed.
SEC. 233. ELIGIBILITY FOR THE DEFENSE EXPERIMENTAL PROGRAM TO STIMULATE
COMPETITIVE RESEARCH.
Section 257 of the National Defense Authorization Act for Fiscal
Year 1995 (10 U.S.C. 2358 note) is amended by adding at the end the
following:
``(f) State Defined.--In this section, the term `State' means a
State of the United States, the District of Columbia, Puerto Rico,
Guam, the Virgin Islands of the United States, American Samoa, and the
Commonwealth of the Northern Mariana Islands.''.
SEC. 234. RESTRUCTURING OF NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM
ORGANIZATIONS.
(a) National Ocean Research Leadership Council.--Section 7902 of
title 10, United States Code, is amended--
(1) in subsection (b)--
(A) by striking out paragraphs (11), (14), (15),
(16) and (17); and
(B) by redesignating paragraphs (12) and (13) as
paragraphs (11) and (12), respectively;
(2) by striking out subsection (d); and
(3) by redesignating subsections (e), (f), (g), (h), and
(i) as subsections (d), (e), (f), (g), and (h), respectively.
(b) Ocean Research Advisory Panel.--(1) Section 7903(a) of such
title is amended by striking out ``government, academia, and industry''
and inserting in lieu thereof ``State governments, academia, and ocean
industries''.
(2) Section 282(c) of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2473) is amended by
striking out ``January 1, 1997'' and inserting in lieu thereof
``January 1, 1998''.
(c) Conforming Amendments.--Section 282 of the National Defense
Authorization Act for Fiscal Year 1997 is amended--
(1) by striking out subsection (b); and
(2) by redesignating subsections (c), (d), (e), and (f) as
subsections (b), (c), (d), and (e), respectively.
(d) Effective Date.--The amendments made by subsection (a) and (b)
shall be effective as of September 23, 1996, as if included in section
282 of Public Law 104-201.
SEC. 235. DEMONSTRATION PROGRAM ON EXPLOSIVES DEMILITARIZATION
TECHNOLOGY.
(a) Program Required.--During fiscal year 1998, the Secretary of
Defense may conduct an alternative technology explosive munitions
demilitarization demonstration program in accordance with this section.
(b) Commercial Blast Chamber Technology.--Under the demonstration
program, the Secretary shall demonstrate the use of existing,
commercially available blast chamber technology for incineration of
explosive munitions as an alternative to the open burning, open pit
detonation of such munitions.
(c) Competitive Procedures.--The Secretary shall use competitive
procedures in selecting participants for the demonstration program
described in subsection (b).
(d) Assessment.--The Secretary shall assess the relative benefits
of the blast chamber technology and the open burning, open pit
detonation process with respect to the levels of emissions and noise
resulting from use of the respective processes. In addition, the
Secretary shall include a cost benefit analysis of this technology
generally for explosives munitions destruction.
(e) Report.--Not later than the date on which the President submits
the budget for fiscal year 2000 to Congress pursuant to section 1105(a)
of title 31, United States Code, the Secretary of Defense shall submit
a report on the results of the demonstration program to the Committee
on Armed Services of the Senate and the Committee on National Security
of the House of Representatives. The report shall include the
Secretary's assessment under subsection (c).
(f) Funding.--(1) Of the amount authorized to be appropriated under
section 201(4), $6,000,000 is available for the demonstration program
under this section.
(2) The amount provided under section 201(4) is hereby increased by
$6,000,000 for the explosives demilitarization technology program (PE
63104D).
(3) The amount provided under section 101(5) for special equipment
for user testing is hereby decreased by $6,000,000.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 1998
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, in amounts as follows:
(1) For the Army, $17,194,284,000.
(2) For the Navy, $21,681,330,000.
(3) For the Marine Corps, $2,379,445,000.
(4) For the Air Force, $18,861,685,000.
(5) For Defense-wide activities, $10,280,838,000.
(6) For the Army Reserve, $1,212,891,000.
(7) For the Naval Reserve, $834,711,000.
(8) For the Marine Corps Reserve, $110,366,000.
(9) For the Air Force Reserve, $1,631,200,000.
(10) For the Army National Guard, $2,288,932,000.
(11) For the Air National Guard, $3,004,282,000.
(12) For the Defense Inspector General, $136,580,000.
(13) For the United States Court of Appeals for the Armed
Forces, $6,952,000.
(14) For Environmental Restoration, Army, $350,337,000.
(15) For Environmental Restoration, Navy, $257,500,000.
(16) For Environmental Restoration, Air Force,
$351,900,000.
(17) For Environmental Restoration, Defense-Wide,
$25,900,000.
(18) For Environmental Restoration, Formerly Used Defense
Sites, $188,300,000.
(19) For Overseas Contingency Operations, $1,467,500,000.
(20) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $660,882,000.
(21) For Medical Programs, Defense, $9,954,782,000.
(22) For Former Soviet Union Threat Reduction programs,
$322,000,000.
(23) For Overseas Humanitarian Demining and CINC Initiative
activities, $40,130,000.
(24) For the Kaho'olawe Island Conveyance, Remediation, and
Environmental Restoration Trust Fund, $10,000,000.
SEC. 302. WORKING-CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 1998
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for providing capital for working-capital and
revolving funds in amounts as follows:
(1) For the Defense Working-Capital Fund, $33,400,000.
(2) For the National Defense Sealift Fund, $516,126,000.
(3) For the Military Commissary Fund, $938,552,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 1998
from the Armed Forces Retirement Home Trust Fund the sum of $79,977,000
for the operation of the Armed Forces Retirement Home, including the
United States Soldiers' and Airmen's Home and the Naval Home.
SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE TRANSACTION FUND.
(a) Transfer Authority.--To the extent provided in appropriations
Acts, not more than $150,000,000 is authorized to be transferred from
the National Defense Stockpile Transaction Fund to operation and
maintenance accounts for fiscal year 1998 in amounts as follows:
(1) For the Army, $50,000,000.
(2) For the Navy, $50,000,000.
(3) For the Air Force, $50,000,000.
(b) Treatment of Transfers.--Amounts transferred under this
section--
(1) shall be merged with, and be available for the same
purposes and the same period as, the amounts in the accounts to
which transferred; and
(2) may not be expended for an item that has been denied
authorization of appropriations by Congress.
(c) Relationship to Other Transfer Authority.--The transfer
authority provided in this section is in addition to the transfer
authority provided in section 1001.
SEC. 305. FISHER HOUSE TRUST FUNDS.
Funds are hereby authorized to be appropriated for fiscal year
1998, out of funds in Fisher House Trust Funds not otherwise
appropriated, for the operation and maintenance of Fisher houses
described in section 2221(d) of title 10, United States Code, as
follows:
(1) The Fisher House Trust Fund, Department of the Army,
$150,000 for Fisher houses that are located in proximity to
medical treatment facilities of the Army.
(2) The Fisher House Trust Fund, Department of the Navy,
$150,000 for Fisher houses that are located in proximity to
medical treatment facilities of the Navy.
SEC. 306. FUNDS FOR OPERATION OF FORT CHAFFEE, ARKANSAS.
Of the amount authorized for O&M, Army National Guard, $6,854,000
may be available for the operation of Fort Chaffee, Arkansas.
Subtitle B--Depot-Level Activities
SEC. 311. PERCENTAGE LIMITATION ON PERFORMANCE OF DEPOT-LEVEL
MAINTENANCE OF MATERIEL.
(a) Performance in Non-Government Facilities.--Subsection (a) of
section 2466 of title 10, United States Code, is amended to read as
follows:
``(a) Percentage Limitation.--(1) Except as provided in paragraph
(2), not more than 50 percent of the funds made available in a fiscal
year to a military department or a Defense Agency for depot-level
maintenance and repair workload may be used to contract for the
performance of such workload in facilities other than Government-owned,
Government-operated facilities.
``(2) In the administration of paragraph (1) for fiscal years
ending before October 1, 1998, the percentage specified in that
paragraph shall be deemed to be 40 percent.''.
(b) Treatment of Performance by Public-Private Partnership.--Such
section is further amended by inserting after subsection (a), as
amended by subsection (a), the following:
``(b) Treatment of Performance by Public-Private Partnership.--For
the purposes of subsection (a), any performance of a depot-level
maintenance and repair workload by a public-private partnership formed
under section 2474(b) of this title shall be treated as performance of
the workload in a Government-owned, Government-operated facility.''.
SEC. 312. CENTERS OF INDUSTRIAL AND TECHNICAL EXCELLENCE.
(a) Designation and Purpose.--(1) Chapter 146 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2474. Centers of Industrial and Technical Excellence:
designation; public-private partnerships
``(a) Designation.--(1) The Secretary of Defense shall designate
each depot-level activity of the military departments and the Defense
Agencies (other than facilities recommended for closure or major
realignment under the Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note)) as a
Center of Industrial and Technical Excellence in the recognized core
competencies of the activity.
``(2) The Secretary shall establish a policy to encourage the
Secretary of each military department and the head of each Defense
Agency to reengineer industrial processes and adopt best-business
practices at their depot-level activities in connection with their core
competency requirements, so as to serve as recognized leaders in their
core competencies throughout the Department of Defense and in the
national technology and industrial base (as defined in section 2491(1)
of this title).
``(3) The Secretary of a military department may conduct a pilot
program, consistent with applicable requirements of law, to test any
practices referred to in paragraph (2) that the Secretary determines
could improve the efficiency and effectiveness of depot-level
operations, improve the support provided by depot-level activities for
the armed forces user of the services of such activities, and enhance
readiness by reducing the time that it takes to repair equipment.
``(b) Public-Private Partnerships.--The Secretary of Defense shall
enable Centers of Industrial and Technical Excellence to form public-
private partnerships for the performance of depot-level maintenance and
repair at such centers and shall encourage the use of such partnerships
to maximize the utilization of the capacity at such Centers.
``(c) Additional Work.--The policy required under subsection (a)
shall include measures to enable a private sector entity that enters
into a partnership arrangement under subsection (b) or leases excess
equipment and facilities at a Center of Industrial and Technical
Excellence pursuant to section 2471 of this title to perform additional
work at the Center, subject to the limitations outlined in subsection
(b) of such section, outside of the types of work normally assigned to
the Center.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``2474. Centers of Industrial and Technical Excellence: designation;
public-private partnerships.''.
(b) Reporting Requirement.--Not later than March 1, 1998, the
Secretary of Defense shall submit to Congress a report describing the
policies established by the Secretary pursuant to section 2474 of title
10, United States Code (as added by subsection (a)), to carry out that
section.
SEC. 313. CLARIFICATION OF PROHIBITION ON MANAGEMENT OF DEPOT EMPLOYEES
BY CONSTRAINTS ON PERSONNEL LEVELS.
Section 2472(a) of title 10, United States Code, is amended by
striking out the first sentence and inserting in lieu thereof the
following: ``The civilian employees of the Department of Defense,
including the civilian employees of the military departments and the
Defense Agencies, who perform, or are involved in the performance of,
depot-level maintenance and repair workloads may not be managed on the
basis of any constraint or limitation in terms of man years, end
strength, full-time equivalent positions, or maximum number of
employees.''.
SEC. 314. ANNUAL REPORT ON DEPOT-LEVEL MAINTENANCE AND REPAIR.
Subsection (e) of section 2466 of title 10, United States Code, is
amended to read as follows:
``(e) Report.--(1) Not later than February 1 of each year, the
Secretary of Defense shall submit to Congress a report identifying, for
each military department and Defense Agency--
``(A) the percentage of the funds referred to in subsection
(a) that were used during the preceding fiscal year for
performance of depot-level maintenance and repair workloads in
Government-owned, Government-operated facilities; and
``(B) the percentage of the funds referred to in subsection
(a) that were used during the preceding fiscal year to contract
for the performance of depot-level maintenance and repair
workloads in facilities that are not owned and operated by the
Federal Government.
``(2) Not later than 90 days after the date on which the Secretary
submits the annual report under paragraph (1), the Comptroller General
shall submit to the Committees on Armed Services and on Appropriations
of the Senate and the Committees on National Security and on
Appropriations of the House of Representatives the Comptroller's views
on whether the Department of Defense has complied with the requirements
of subsection (a) for the fiscal year covered by the report.''.
SEC. 315. REPORT ON ALLOCATION OF CORE LOGISTICS ACTIVITIES AMONG
DEPARTMENT OF DEFENSE FACILITIES AND PRIVATE SECTOR
FACILITIES.
(a) Report.--Not later than May 31, 1998, the Secretary of Defense
shall submit to Congress a report on the allocation among facilities of
the Department of Defense and facilities in the private sector of the
logistics activities that are necessary to maintain and repair the
weapon systems and other military equipment identified by the
Secretary, in consultation with the Joint Chiefs of Staff, as being
necessary to enable the Armed Forces to conduct a strategic or major
theater war.
(b) Elements.--The report under subsection (a) shall set forth the
following:
(1) The systems or equipment identified under subsection
(a) that must be maintained and repaired in Government-owned,
Government-operated facilities, using personnel and equipment
of the Department, as a result of the Secretary's determination
that--
(A) the work involves unique or valuable workforce
skills that should be maintained in the public sector
in the national interest;
(B) the base of private sector sources having the
capability to perform the workloads includes industry
sectors that are vulnerable to work stoppages;
(C) the private sector sources having the
capability to perform the workloads have insufficient
workforce levels or skills to perform the depot-level
maintenance and repair workloads--
(i) in the quantity necessary, or as
rapidly as the Secretary considers necessary,
to enable the armed forces to fulfill the
national military strategy; or
(ii) without a significant disruption or
delay in the maintenance and repair of
equipment;
(D) the need for performance of workloads is too
infrequent, cyclical, or variable to sustain a reliable
base of private sector sources having the workforce
levels or skills to perform the workloads;
(E) the market conditions or workloads are
insufficient to ensure that the price of private sector
performance of the workloads can be controlled through
competition or other means;
(F) private sector sources are not adequately
responsive to the requirements of the Department for
rapid, cost-effective, and flexible response to surge
requirements or other contingency situations, including
changes in the mix or priority of previously scheduled
workloads and reassignment of employees to different
workloads without the requirement for additional
contractual negotiations;
(G) private sector sources are less willing to
assume responsibility for performing the workload as a
result of the possibility of direct military or
terrorist attack; or
(H) private sector sources cannot maintain
continuity of workforce expertise as a result of high
rates of employee turnover.
(2) The systems or equipment identified under subsection
(a) that must be maintained and repaired in Government-owned
facilities, whether Government operated or contractor-operated,
as a result of the Secretary's determination that--
(A) the work involves facilities, technologies, or
equipment that are unique and sufficiently valuable
that the facilities, technologies, or equipment must be
maintained in the public sector in the national
interest;
(B) the private sector sources having the
capability to perform the workloads have insufficient
facilities, technology, or equipment to perform the
depot-level maintenance and repair workloads--
(i) in the quantity necessary, or as
rapidly as the Secretary considers necessary,
to enable the armed forces to fulfill the
national military strategy; or
(ii) without a significant disruption or
delay in the maintenance and repair of
equipment; or
(C) the need for performance of workloads is too
infrequent, cyclical, or variable to sustain a reliable
base of private sector sources having the facilities,
technology, or equipment to perform the workloads.
(3) The systems or equipment identified under subsection
(a) that may be maintained and repaired in private sector
facilities.
(4) The approximate percentage of the total maintenance and
repair workload of the Department of Defense necessary for the
systems and equipment identified under subsection (a) that
would be performed at Department of Defense facilities, and at
private sector facilities, as a result of the determinations
made for purposes of paragraphs (1), (2), and (3).
SEC. 316. REVIEW OF USE OF TEMPORARY DUTY ASSIGNMENTS FOR SHIP REPAIR
AND MAINTENANCE.
(a) Findings.--Congress makes the following findings:
(1) In order to reduce the time that the crew of a naval
vessel is away from the homeport of the vessel, the Navy seeks
to perform ship repair and maintenance of the vessel at the
homeport of the vessel whenever it takes six months or less to
accomplish the work involved.
(2) At the same time, the Navy seeks to distribute ship
repair and maintenance work among the Navy shipyards (known as
to ``level load'') in order to more fully utilize personnel
resources.
(3) During periods when a Navy shipyard is not utilized to
its capacity, the Navy sometimes sends workers at the shipyard,
on a temporary duty basis, to perform ship repairs and
maintenance at a homeport not having a Navy shipyard.
(4) This practice is a more efficient use of civilian
employees who might otherwise not be fully employed on work
assigned to Navy shipyards.
(b) GAO Review and Report.--(1) The Comptroller General of the
United States shall review the Navy's practice of using temporary duty
assignments of personnel to perform ship maintenance and repair work at
homeports not having Navy shipyards. The review shall include the
following:
(A) An assessment of the rationale, conditions, and factors
supporting the Navy's practice.
(B) A determination of whether the practice is cost-
effective.
(C) The factors affecting future requirements for, and the
adherence to, the practice, together with an assessment of the
factors.
(2) Not later than May 1, 1998, the Comptroller General shall
submit a report on the review to the Committee on Armed Services of the
Senate and the Committee on National Security of the House of
Representatives.
SEC. 317. REPEAL OF A CONDITIONAL REPEAL OF CERTAIN DEPOT-LEVEL
MAINTENANCE AND REPAIR LAWS AND A RELATED REPORTING
REQUIREMENT.
Section 311 of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104-106; 110 Stat. 247; 10 U.S.C. 2464 note) is
amended by striking out subsections (f) and (g).
SEC. 318. EXTENSION OF AUTHORITY FOR NAVAL SHIPYARDS AND AVIATION
DEPOTS TO ENGAGE IN DEFENSE-RELATED PRODUCTION AND
SERVICES.
Section 1425(e) of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1684) is amended by
striking out ``September 30, 1997'' and inserting in lieu thereof
``September 30, 1998''.
SEC. 319. REALIGNMENT OF PERFORMANCE OF GROUND COMMUNICATION-ELECTRONIC
WORKLOAD.
(a) Sense of Congress.--It is the sense of Congress that the
transfer of the ground communication-electronic workload to Tobyhanna
Army Depot, Pennsylvania, in the realignment of the performance of such
function should be carried out in adherence to the schedule prescribed
for that transfer by the Defense Depot Maintenance Council on March 13,
1997, as follows:
(1) Transfer of 20 percent of the workload in fiscal year
1998.
(2) Transfer of 40 percent of the workload in fiscal year
1999.
(3) Transfer of 40 percent of the workload in fiscal year
2000.
(b) Prohibition.--No provision of this Act that authorizes or
provides for contracting for the performance of a depot-level
maintenance and repair workload by a private sector source at a
location where the workload was performed before fiscal year 1998 shall
apply to the workload referred to in subsection (a).
Subtitle C--Environmental Provisions
SEC. 331. CLARIFICATION OF AUTHORITY RELATING TO STORAGE AND DISPOSAL
OF NONDEFENSE TOXIC AND HAZARDOUS MATERIALS ON DEPARTMENT
OF DEFENSE PROPERTY.
(a) Materials of Members and Dependents.--Subsection (a)(1) of
section 2692 of title 10, United States Code, is amended by inserting
``or by a member of the armed forces (or a dependent of a member)
living on the installation'' before the period at the end.
(b) Storage of Materials Connected with Compatible Use.--Subsection
(b)(8) of such section is amended--
(1) by striking out ``by a private person'';
(2) by striking out ``by that private person of an
industrial-type'' and inserting in lieu thereof ``of a''; and
(3) by striking out ``; and'' and inserting in lieu thereof
``, including a space launch facility located on a Department
of Defense installation or other land controlled by the United
States and a Department of Defense facility for testing
materiel or training personnel;''.
(c) Treatment and Disposal of Materials Connected with Compatible
Use.--Subsection (b)(9) of such section is amended--
(1) by striking out ``by a private person'';
(2) by striking out ``commercial use by that person of an
industrial-type'' and inserting in lieu thereof ``use of a'';
(3) by striking out ``with that person'' and inserting in
lieu thereof ``with the prospective user''; and
(4) in subparagraph (B), by striking out ``for that
person's'' and inserting in lieu thereof ``for the prospective
user's''.
(d) Additional Authority.--Subsection (b) of such section is
further amended--
(1) by striking out the period at the end of paragraph (9)
and inserting in lieu thereof ``; and''; and
(2) by adding at the end the following:
``(10) the storage of materials that will be used in
connection with an activity of the Department of Defense or in
connection with a service performed for the benefit of the
Department of Defense or the disposal of materials that have
been used in such connection.''.
SEC. 332. ANNUAL REPORT ON PAYMENTS AND ACTIVITIES IN RESPONSE TO FINES
AND PENALTIES ASSESSED UNDER ENVIRONMENTAL LAWS.
(a) Annual Reports.--Section 2706(b)(2) of title 10, United States
Code, is amended by adding at the end the following:
``(H) A statement of the fines and penalties
imposed or assessed against the Department of Defense
under Federal, State, or local environmental law during
the fiscal year preceding the fiscal year in which the
report is submitted, which statement sets forth--
``(i) each Federal environmental statute
under which a fine or penalty was imposed or
assessed during the fiscal year;
``(ii) with respect to each such statute--
``(I) the aggregate amount of fines
and penalties imposed or assessed
during the fiscal year;
``(II) the aggregate amount of
fines and penalties paid during the
fiscal year;
``(III) the total amount required
to meet commitments to environmental
enforcement authorities under
agreements entered into by the
Department of Defense during the fiscal
year for supplemental environmental
projects agreed to in lieu of the
payment of fines or penalties; and
``(IV) the number of fines and
penalties imposed or assessed during
the fiscal year that were--
``(aa) $10,000 or less;
``(bb) more than $10,000,
but not more than $50,000;
``(cc) more than $50,000,
but not more than $100,000; and
``(dd) more than $100,000;
and
``(iii) with respect to each fine or
penalty set forth under clause (ii)(IV)(dd)--
``(I) the installation or facility
to which the fine or penalty applies;
and
``(II) the agency that imposed or
assessed the fine or penalty.''.
(b) Report in Fiscal Year 1998.--The statement submitted by the
Secretary of Defense under subparagraph (H) of section 2706(b)(2) of
title 10, United States Code, as added by subsection (a), in 1998
shall, to the maximum extent practicable, include the information
required by that subparagraph for each of fiscal years 1994 through
1997.
SEC. 333. ANNUAL REPORT ON ENVIRONMENTAL ACTIVITIES OF THE DEPARTMENT
OF DEFENSE OVERSEAS.
Section 2706 of title 10, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Report on Environmental Activities Overseas.--(1) The
Secretary of Defense shall submit to Congress each year, not later than
30 days after the date on which the President submits to Congress the
budget for a fiscal year, a report on the environmental activities of
the Department of Defense overseas.
``(2) Each such report shall include the following:
``(A) A statement of the funding levels and full-time
personnel required for the Department of Defense to comply
during such fiscal year with each requirement under a treaty,
law, contract, or other agreement for environmental restoration
or compliance activities.
``(B) A statement of the funds to be expended by the
Department of Defense during such fiscal year in carrying out
other activities relating to the environment overseas,
including conferences, meetings, and studies for pilot programs
and travel related to such activities.''.
SEC. 334. MEMBERSHIP TERMS FOR STRATEGIC ENVIRONMENTAL RESEARCH AND
DEVELOPMENT PROGRAM SCIENTIFIC ADVISORY BOARD.
(a) Terms.--Section 2904(b)(4) of title 10, United States Code, is
amended by striking out ``three'' and inserting in lieu thereof ``not
less than two or more than four''.
(b) Applicability.--The amendment made by subsection (a) shall
apply to appointments to the Strategic Environmental Research and
Development Program Scientific Advisory Board made before, on, or after
the date of enactment of this Act.
SEC. 335. ADDITIONAL INFORMATION ON AGREEMENTS FOR AGENCY SERVICES IN
SUPPORT OF ENVIRONMENTAL TECHNOLOGY CERTIFICATION.
(a) Additional Information.--Subsection (d) of section 327 of the
National Defense Authorization Act for Fiscal Year 1997 (Public Law
104-201; 110 Stat. 2483; 10 U.S.C. 2702 note) is amended by adding at
the end the following:
``(5) A statement of the funding that will be required to
meet commitments made to State and local governments under
agreements entered into during the fiscal year preceding the
fiscal year in which the report is submitted.
``(6) A description of any cost-sharing arrangement under
any cooperative agreement entered into under this section.''.
(b) Guidelines for Reimbursement and Cost-Sharing.--Not later than
90 days after the date of enactment of this Act, the Secretary of
Defense shall submit to Congress a report setting forth the guidelines
established by the Secretary for reimbursement of State and local
governments, and for cost-sharing between the Department of Defense,
such governments, and vendors, under agreements entered into under such
section 327.
SEC. 336. RISK ASSESSMENTS UNDER THE DEFENSE ENVIRONMENTAL RESTORATION
PROGRAM.
(a) In General.--In carrying out risk assessments as part of the
evaluation of facilities of the Department of Defense for purposes of
allocating funds and establishing priorities for environmental
restoration projects at such facilities under the Defense Environmental
Restoration Program, the Secretary of Defense shall--
(1) utilize a risk assessment method that meets the
requirements in subsection (b); and
(2) ensure the uniform and consistent utilization of the
risk assessment method in all evaluations of facilities under
the program.
(b) Risk Assessment Method.--The risk assessment method utilized
under subsection (a) shall--
(1) take into account as a separate factor of risk--
(A) the extent to which the contamination level of
a particular contaminant exceeds the permissible
contamination level for the contaminant;
(B) the existence and extent of any population
(including human populations and natural populations)
potentially affected by the contaminant; and
(C) the existence and nature of any mechanism that
would cause the population to be affected by the
contaminant; and
(2) provide appropriately for the significance of any such
factor in the final determination of risk.
(c) Defense Environmental Restoration Program Defined.--In this
section, the term ``Defense Environmental Restoration Program'' means
the program of environmental restoration carried out under chapter 160
of title 10, United States Code.
SEC. 337. RECOVERY AND SHARING OF COSTS OF ENVIRONMENTAL RESTORATION AT
DEPARTMENT OF DEFENSE SITES.
(a) Guidelines.--
(1) In general.--The Secretary of Defense shall prescribe
in regulations guidelines concerning the cost-recovery and
cost-sharing activities of the military departments and defense
agencies.
(2) Covered matters.--The guidelines prescribed under
paragraph (1) shall--
(A) establish uniform requirements relating to
cost-recovery and cost-sharing activities for the
military departments and defense agencies;
(B) require the Secretaries of the military
departments and the heads of the defense agencies to
obtain all appropriate data regarding activities of
contractors of the Department or other private parties
responsible for environmental contamination at
Department sites that is relevant for purposes of cost-
recovery and cost-sharing activities;
(C) require the Secretaries of the military
departments and the heads of the defense agencies to
use consistent methods in estimating the costs of
environmental restoration at sites under the
jurisdiction of such departments and agencies for
purposes of reports to Congress on such costs;
(D) require the Secretaries of the military
departments to reduce the amounts requested for
environmental restoration activities of such
departments for a fiscal year by the amounts
anticipated to be recovered in the preceding fiscal
year as a result of cost-recovery and cost-sharing
activities; and
(E) resolve any unresolved issues regarding the
crediting of amounts recovered as a result of such
activities under section 2703(d) of title 10, United
States Code.
(b) Implementation of Guidelines.--The Secretary shall take
appropriate actions to ensure the implementation of the guidelines
prescribed under subsection (a), including appropriate requirements
to--
(1) identify contractors of the Department and other
private parties responsible for environmental contamination at
Department sites;
(2) review the activities of contractors of the Department
and other private parties in order to identify negligence or
other misconduct in such activities that would preclude
Department indemnification for the costs of environmental
restoration relating to such contamination or justify the
recovery or sharing of costs associated with such restoration;
(3) obtain data as provided for under subsection (a)(2)(B);
and
(4) pursue cost-recovery and cost-sharing activities where
appropriate.
(c) Definition.--In this section, the term ``cost-recovery and-cost
sharing activities'' means activities concerning--
(1) the recovery of the costs of environmental restoration
at Department sites from contractors of the Department and
other private parties that contribute to environmental
contamination at such sites; and
(2) the sharing of the costs of such restoration with such
contractors and parties.
SEC. 338. PILOT PROGRAM FOR THE SALE OF AIR POLLUTION EMISSION
REDUCTION INCENTIVES.
(a) Authority.--(1) The Secretary of Defense may, in consultation
with the Administrator of General Services, carry out a pilot program
to assess the feasibility and advisability of the sale of economic
incentives for the reduction of emission of air pollutants attributable
to a facility of a military department.
(2) The Secretary may carry out the pilot program during the period
beginning on October 1, 1997, and ending on September 30, 1999.
(b) Incentives Available for Sale.--(1) Under the pilot program,
the Secretary may sell economic incentives for the reduction of
emission of air pollutants attributable to a facility of a military
department only if such incentives are not otherwise required for the
activities or operations of the military department.
(2) The Secretary may not, under the pilot program, sell economic
incentives attributable to the closure or realignment of a military
installation under a base closure law.
(3) If the Secretary determines that additional sales of economic
incentives are likely to result in amounts available for allocation
under subsection (c)(2) in a fiscal year in excess of the limitation
set forth in subparagraph (B) of that subsection, the Secretary shall
not carry out such additional sales in that fiscal year.
(c) Use of Proceeds.--(1) The proceeds of sale of economic
incentives attributable to a facility of a military department shall be
credited to the funds available to the facility for the costs of
identifying, quantifying, or valuing economic incentives for the
reduction of emission of air pollutants. The amount credited shall be
equal to the cost incurred in identifying, quantifying, or valuing the
economic incentives sold.
(2)(A)(i) If after crediting under paragraph (1) a balance remains,
the amount of such balance shall be available to the Department of
Defense for allocation by the Secretary to the military departments for
programs, projects, and activities necessary for compliance with
Federal environmental laws, including the purchase of economic
incentives for the reduction of emission of air pollutants.
(ii) To the extent practicable, amounts allocated to the military
departments under this subparagraph shall be made available to the
facilities that generated the economic incentives providing the basis
for the amounts.
(B) The total amount allocated under this paragraph in a fiscal
year from sales of economic incentives may not equal or exceed
$500,000.
(3) If after crediting under paragraph (1) a balance remains in
excess of an amount equal to the limitation set forth in paragraph
(2)(B), the amount of the excess shall be covered over into the
Treasury as miscellaneous receipts.
(4) Funds credited under paragraph (1) or allocated under paragraph
(2) shall be merged with the funds to which credited or allocated, as
the case may be, and shall be available for the same purposes and for
the same period as the funds with which merged.
(d) Definitions.--In this section:
(1) The term ``base closure law'' means the following:
(A) Section 2687 of title 10, United States Code.
(B) Title II of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public
Law 100-526; 10 U.S.C. 2687 note).
(C) The Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note).
(2) The term ``economic incentives for the reduction of
emission of air pollutants'' means any transferable economic
incentives (including marketable permits and emission rights)
necessary or appropriate to meet air quality requirements under
the Clean Air Act (42 U.S.C. 7401 et seq.).
SEC. 339. TAGGING SYSTEM FOR IDENTIFICATION OF HYDROCARBON FUELS USED
BY THE DEPARTMENT OF DEFENSE.
(a) Authority To Conduct Pilot Program.--The Secretary of Defense
may conduct a pilot program using existing technology to determine--
(1) the feasibility of tagging hydrocarbon fuels used by
the Department of Defense for the purposes of analyzing and
identifying such fuels;
(2) the deterrent effect of such tagging on the theft and
misuse of fuels purchased by the Department; and
(3) the extent to which such tagging assists in determining
the source of surface and underground pollution in locations
having separate fuel storage facilities of the Department and
of civilian companies.
(b) System Elements.--The tagging system under the pilot program
shall have the following characteristics:
(1) The tagging system does not harm the environment.
(2) Each chemical used in the tagging system is--
(A) approved for use under the Toxic Substances
Control Act (15 U.S.C. 2601 et seq.); and
(B) substantially similar to the fuel to which
added, as determined in accordance with criteria
established by the Environmental Protection Agency for
the introduction of additives into hydrocarbon fuels.
(3) The tagging system permits a determination if a tag is
present and a determination if the concentration of a tag has
changed in order to facilitate identification of tagged fuels
and detection of dilution of tagged fuels.
(4) The tagging system does not impair or degrade the
suitability of tagged fuels for their intended use.
(c) Report.--Not later than 30 days after the completion of the
pilot program, the Secretary shall submit to Congress a report setting
forth the results of the pilot program and including any
recommendations for legislation relating to the tagging of hydrocarbon
fuels by the Department that the Secretary considers appropriate.
(d) Funding.--Of the amounts authorized to be appropriated under
section 301(5) for operation and maintenance for defense-wide
activities, not more than $5,000,000 shall be available for the pilot
program.
SEC. 340. PROCUREMENT OF RECYCLED COPIER PAPER.
(a) Requirement.--(1) Except as provided in subsection (b), a
department or agency of the Department of Defense may not procure
copying machine paper after a date set forth in paragraph (2) unless
the percentage of post-consumer recycled content of the paper meets the
percentage set forth with respect to such date in that paragraph.
(2) The percentage of post-consumer recycled content of paper
required under paragraph (1) is as follows:
(A) 20 percent as of January 1, 1998.
(B) 30 percent as of January 1, 1999.
(C) 50 percent as of January 1, 2004.
(b) Exceptions.--A department or agency may procure copying machine
paper having a percentage of post-consumer recycled content that does
not meet the applicable requirement in subsection (a) if--
(1) the cost of procuring copying machine paper under such
requirement would exceed by more than 7 percent the cost of
procuring copying machine paper having a percentage of post-
consumer recycled content that does not meet such requirement;
(2) copying machine paper having a percentage of post-
consumer recycled content meeting such requirement is not
reasonably available within a reasonable period of time;
(3) copying machine paper having a percentage of post-
consumer recycled content meeting such requirement does not
meet performance standards of the department or agency for
copying machine paper; or
(4) in the case of the requirement in paragraph (2)(C) of
that subsection, the Secretary of Defense makes the
certification described in subsection (c).
(c) Certification of Inability To Meet Goal in 2004.--If the
Secretary determines that any department or agency of the Department
will be unable to meet the goal specified in subsection (a)(2)(C) by
the date specified in that subsection, the Secretary shall certify that
determination to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives. The
Secretary shall submit such certification, if at all, not later than
January 1, 2003.
SEC. 341. REPORT ON OPTIONS FOR THE DISPOSAL OF CHEMICAL WEAPONS AND
AGENTS.
(a) Requirement.--Not later than March 15, 1998, the Secretary of
Defense shall submit to Congress a report on the options available to
the Department of Defense for the disposal of chemical weapons and
agents in order to facilitate the disposal of such weapons and agents
without the construction of additional chemical weapons disposal
facilities in the continental United States.
(b) Elements.--The report shall include the following--
(1) a description of each option evaluated;
(2) an assessment of the lifecycle costs and risks
associated with each option evaluated;
(3) a statement of any technical, regulatory, or other
requirements or obstacles with respect to each option,
including with respect to any transportation of weapons or
agents that is required for the option;
(4) an assessment of incentives required for sites to
accept munitions or agents from outside their own locales, as
well as incentives to enable transportation of these items
across State lines;
(5) an assessment of the cost savings that could be
achieved through either the application of uniform Federal
transportation or safety requirements and any other initiatives
consistent with the transportation and safe disposal of
stockpile and nonstockpile chemical weapons and agents; and
(6) proposed legislative language necessary to implement
options determined by the Secretary to be worthy of
consideration by the Congress.
Subtitle D--Commissaries and Nonappropriated Fund Instrumentalities
SEC. 351. FUNDING SOURCES FOR CONSTRUCTION AND IMPROVEMENT OF
COMMISSARY STORE FACILITIES.
(a) Additional Funding Sources.--Section 2685 of title 10, United
States Code, is amended--
(1) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Funds for Construction and Improvements.--Revenues received
by the Department of Defense from the following sources or activities
of commissary store facilities shall be available for the purposes set
forth in subsections (c), (d), and (e):
``(1) Adjustments or surcharges authorized by subsection
(a).
``(2) Sale of recyclable materials.
``(3) Sale of excess property.
``(4) License fees.
``(5) Royalties.
``(6) Fees paid by sources of products in order to obtain
favorable display of the products for resale, known as business
related management fees.
``(7) Products offered for sale in commissaries under
consignment with exchanges, as designated by the Secretary of
Defense.''.
SEC. 352. INTEGRATION OF MILITARY EXCHANGE SERVICES.
(a) Integration Required.--The Secretaries of the military
departments shall integrate the military exchange services, including
the managing organizations of the military exchange services, not later
than September 30, 2000.
(b) Submission of Plan to Congress.--Not later than 180 days after
the date of the enactment of this Act, the Secretaries of the military
departments shall submit to the Committee on Armed Services of the
Senate and the Committee on National Security of the House of
Representatives the plan for achieving the integration required by
subsection (a).
Subtitle E--Other Matters
SEC. 361. ADVANCE BILLINGS FOR WORKING-CAPITAL FUNDS.
(a) Restriction.--Section 2208 of title 10, United States Code, is
amended--
(1) by redesignating subsection (k) as subsection (l); and
(2) by inserting after subsection (j) the following new
subsection (k):
``(k)(1) An advance billing of a customer for a working-capital
fund is prohibited except as provided in paragraph (2).
``(2) An advance billing of a customer for a working-capital fund
is authorized if--
``(A) the Secretary of Defense has submitted to the
Committees on Armed Services and on Appropriations of the
Senate and the Committees on National Security and on
Appropriations of the House of Representatives a notification
of the advance billing; and
``(B) in the case of an advance billing in an amount that
exceeds $50,000,000, thirty days have elapsed since the date of
the notification.
``(3) A notification of an advance billing of a customer for a
working-capital fund that is submitted under paragraph (2) shall
include the following:
``(A) The reasons for the advance billing.
``(B) An analysis of the effects of the advance billing on
military readiness.
``(C) An analysis of the effects of the advance billing on
the customer.
``(4) The Secretary of Defense may waive the applicability of this
subsection--
``(A) during a period war or national emergency; or
``(B) to the extent that the Secretary determines necessary
to support a contingency operation.
``(5) The Secretary of Defense shall submit to the committees
referred to in paragraph (2) a report on advance billings for all
working-capital funds whenever the aggregate amount of the advance
billings for all working-capital funds not covered by a notification
under that paragraph or a report previously submitted under this
paragraph exceeds $50,000,000. The report shall be submitted not later
than 30 days after the end of the month in which the aggregate amount
first reaches $50,000,000. The report shall include, for each customer
covered by the report, a discussion of the matters described in
paragraph (3).
``(6) In this subsection:
``(A) The term `advance billing', with respect to a
working-capital fund, means a billing of a customer by the
fund, or a requirement for a customer to reimburse or otherwise
credit the fund, for the cost of goods or services provided (or
for other expenses incurred) on behalf of the customer that is
rendered or imposed before the customer receives the goods or
before the services have been performed.
``(B) The term `customer' means a requisitioning component
or agency.''.
(b) Reports on Advance Billings for the DBOF.--Section 2216a(d)(3)
of title 10, United States Code, is amended--
(1) in subparagraph (B)(ii), by striking out
``$100,000,000'' and inserting in lieu thereof ``$50,000,000'';
and
(2) by adding at the end the following:
``(D) A report required under subparagraph (B)(ii) shall be
submitted not later than 30 days after the end of the month in which
the aggregate amount referred to in that subparagraph reaches the
amount specified in that subparagraph.''.
(c) Fiscal Year 1998 Limitation.--(1) The total amount of advance
billings for Department of Defense working-capital funds and the
Defense Business Operations Fund for fiscal year 1998 may not exceed
$1,000,000,000.
(2) In paragraph (1), the term ``advance billing'', with respect to
the working-capital funds of the Department of Defense and the Defense
Business Operations Fund, has the same meaning as is provided with
respect to working-capital funds in section 2208(k)(6) of title 10,
United States Code (as amended by subsection (a)).
SEC. 362. CENTER FOR EXCELLENCE IN DISASTER MANAGEMENT AND HUMANITARIAN
ASSISTANCE.
(a) Establishment.--The Secretary of Defense may operate a Center
for Excellence in Disaster Management and Humanitarian Assistance at
Tripler Army Medical Center, Hawaii.
(b) Missions.--The Secretary of Defense shall specify the missions
of the Center. The missions shall include the following:
(1) To provide and facilitate education, training, and
research in civil-military operations, particularly operations
that require international disaster management and humanitarian
assistance and operations that require interagency
coordination.
(2) To make available high-quality disaster management and
humanitarian assistance in response to disasters.
(3) To provide and facilitate education, training,
interagency coordination, and research on the following
additional matters:
(A) Management of the consequences of nuclear,
biological, and chemical events.
(B) Management of the consequences of terrorism.
(C) Appropriate roles for the reserve components in
the management of such consequences and in disaster
management and humanitarian assistance in response to
natural disasters.
(D) Meeting requirements for information in
connection with regional and global disasters,
including use of advanced communications technology as
a virtual library.
(E) Tropical medicine, particularly in relation to
the medical readiness requirements of the Department of
Defense.
(4) To develop a repository of disaster risk indicators for
the Asia-Pacific region.
(c) Joint Operation With Educational Institution Authorized.--The
Secretary may enter into an agreement with appropriate officials of an
institution of higher education to provide for joint operation of the
Center. Any such agreement shall provide for the institution to furnish
necessary administrative services for the Center, including
administration and allocation of funds.
(d) Acceptance of Funds.--(1) Except as provided in paragraph (2),
the Secretary of Defense may, on behalf of the Center, accept funds for
use to defray the costs of the Center or to enhance the operation of
the Center from any agency of the Federal Government, any State or
local government, any foreign government, any foundation or other
charitable organization (including any that is organized or operates
under the laws of a foreign country), or any other private source in
the United States or a foreign country.
(2)(A) The Secretary may not accept a gift or donation under
paragraph (1) if the acceptance of the gift or donation, as the case
may be, would compromise or appear to compromise--
(i) the ability of the Department of Defense, or any
employee of the Department, to carry out any responsibility or
duty of the Department in a fair and objective manner; or
(ii) the integrity of any program of the Department of
Defense or of any official involved in such a program.
(B) The Secretary shall prescribe written guidance setting forth
the criteria to be used in determining whether or not the acceptance of
a foreign gift or donation would have a result described in
subparagraph (A).
(3) Funds accepted by the Secretary under paragraph (1) shall be
credited to appropriations available to the Department of Defense for
the Center. Funds so credited shall be merged with the appropriations
to which credited and shall be available for the Center for the same
purposes and the same period as the appropriations with which merged.
(e) Funding for Fiscal Year 1998.--Of the funds authorized to be
appropriated under section 301, $5,000,000 shall be available for the
Center for Excellence in Disaster Management and Humanitarian
Assistance.
SEC. 363. ADMINISTRATIVE ACTIONS ADVERSELY AFFECTING MILITARY TRAINING
OR OTHER READINESS ACTIVITIES.
(a) Congressional Notification.--Chapter 101 of title 10, United
States Code, is amended by adding at the end the following:
``Sec. 2014. Administrative actions adversely affecting military
training or other readiness activities
``(a) Congressional Notification.--Whenever an official of an
Executive agency takes or proposes to take an administrative action
that, as determined by the Secretary of Defense in consultation with
the Chairman of the Joint Chiefs of Staff, affects training or any
other readiness activity in a manner that has or would have a
significant adverse effect on the military readiness of any of the
armed forces or a critical component thereof, the Secretary shall
submit a written notification of the action and each significant
adverse effect to the head of the Executive agency taking or proposing
to take the administrative action and to the Committee on Armed
Services of the Senate and the Committee on National Security of the
House of Representatives and, at the same time, shall transmit a copy
of the notification to the President.
``(b) Notification To Be Prompt.--(1) Subject to paragraph (2), the
Secretary shall submit a written notification of an administrative
action or proposed administrative action required by subsection (a) as
soon as the Secretary becomes aware of the action or proposed action.
``(2) The Secretary shall prescribe policies and procedures to
ensure that the Secretary receives information on an administrative
action or proposed administrative action described in subsection (a)
promptly after Department of Defense personnel receive notice of such
an action or proposed action.
``(c) Consultation Between Secretary and Head of Executive
Agency.--Upon notification with respect to an administrative action or
proposed administrative action under subsection (a), the head of the
Executive agency concerned shall--
``(1) respond promptly to the Secretary; and
``(2) consistent with the urgency of the training or
readiness activity involved and the provisions of law under
which the administrative action or proposed administrative
action is being taken, seek to reach an agreement with the
Secretary on immediate actions to attain the objective of the
administrative action or proposed administrative action in a
manner which eliminates or mitigates the impacts of the
administrative action or proposed administrative action upon
the training or readiness activity.
``(d) Moratorium.--(1) Subject to paragraph (2), upon notification
with respect to an administrative action or proposed administrative
action under subsection (a), the administrative action or proposed
administrative action shall cease to be effective with respect to the
Department of Defense until the earlier of--
``(A) the end of the five-day period beginning on the date
of the notification; or
``(B) the date of an agreement between the head of the
Executive agency concerned and the Secretary as a result of the
consultations under subsection (c).
``(2) Paragraph (1) shall not apply with respect to an
administrative action or proposed administrative action if the head of
the Executive agency concerned determines that the delay in enforcement
of the administrative action or proposed administrative action will
pose an actual threat of an imminent and substantial endangerment to
public health or the environment.
``(e) Effect of Lack of Agreement.--(1) In the event the head of an
Executive agency and the Secretary do not enter into an agreement under
subsection (c)(2), the Secretary shall submit a written notification to
the President who shall take final action on the matter.
``(2) Not later than 30 days after the date on which the President
takes final action on a matter under paragraph (1), the President shall
submit to the committees referred to in subsection (a) a notification
of the action.
``(f) Limitation on Delegation of Authority.--The head of an
Executive agency may not delegate any responsibility under this
section.
``(g) Definition.--In this section, the term `Executive agency' has
the meaning given such term in section 105 of title 5 other than the
General Accounting Office.''.
(b) Clerical Amendment.--The table of sections of the beginning of
such chapter is amended by adding at the end the following:
``2014. Administrative actions adversely affecting military training or
other readiness activities.''.
SEC. 364. FINANCIAL ASSISTANCE TO SUPPORT ADDITIONAL DUTIES ASSIGNED TO
ARMY NATIONAL GUARD.
(a) Authority.--Chapter 1 of title 32, United States Code, is
amended by adding at the end the following:
``Sec. 113. Federal financial assistance for support of additional
duties assigned to the Army National Guard
``(a) Authority.--The Secretary of the Army may provide financial
assistance to a State to support activities carried out by the Army
National Guard of the State in the performance of duties that the
Secretary has assigned, with the consent of the Chief of the National
Guard Bureau, to the Army National Guard of the State. The Secretary
shall determine the amount of the assistance that is appropriate for
the purpose.
``(b) Covered Activities.--Activities supported under this section
may include only those activities that are carried out by the Army
National Guard in the performance of responsibilities of the Secretary
under paragraphs (6), (10), and (11) of section 3013(b) of title 10.
``(c) Disbursement Through National Guard Bureau.--The Secretary
shall disburse any contribution under this section through the Chief of
the National Guard Bureau.
``(d) Availability of Funds.--Funds appropriated for the Army for a
fiscal year are available for providing financial assistance under this
section in support of activities carried out by the Army National Guard
during that fiscal year.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following:
``113. Federal financial assistance for support of additional duties
assigned to the Army National Guard.''.
SEC. 365. SALE OF EXCESS, OBSOLETE, OR UNSERVICEABLE AMMUNITION AND
AMMUNITION COMPONENTS.
(a) Authority.--Chapter 443 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 4687. Sale of excess, obsolete, or unserviceable ammunition and
ammunition components
``(a) Authority To Sell Outside DoD.--The Secretary of the Army may
sell ammunition or ammunition components that are excess, obsolete, or
unserviceable and have not been demilitarized to a person eligible
under subsection (c) if--
``(1) the purchaser enters into an agreement, in advance,
with the Secretary--
``(A) to demilitarize the ammunition or components;
and
``(B) to reclaim, recycle, or reuse the component
parts or materials; or
``(2) the Secretary, or an official of the Department of
the Army designated by the Secretary, approves the use of the
ammunition or components proposed by the purchaser as being
consistent with the public interest.
``(b) Method of Sale.--The Secretary shall use competitive
procedures to sell ammunition and ammunition components under this
section, except that the Secretary may negotiate a sale in any case in
which the Secretary determines that there is only one potential buyer
of the items being offered for sale.
``(c) Eligible Purchasers.--A purchaser of excess, obsolete, or
unserviceable ammunition or ammunition components under this section
shall be a licensed manufacturer (as defined in section 921(10) of
title 18) that, as determined by the Secretary, has a capability to
modify, reclaim, transport, and either store or sell the ammunition or
ammunition components purchased.
``(d) Hold Harmless Agreement.--The Secretary shall require a
purchaser of ammunition or ammunition components under this section to
agree to hold harmless and indemnify the United States from any claim
for damages for death, injury, or other loss resulting from a use of
the ammunition or ammunition components, except in a case of willful
misconduct or gross negligence of a representative of the United
States.
``(e) Verification of Demilitarization.--The Secretary shall
establish procedures for ensuring that a purchaser of ammunition or
ammunition components under this section demilitarizes the ammunition
or ammunition components in accordance with any agreement to do so
under subsection (a)(1). The procedures shall include on-site
verification of demilitarization activities.
``(f) Consideration.--The Secretary may accept ammunition,
ammunition components, or ammunition demilitarization services as
consideration for ammunition or ammunition components sold under this
section. The fair market value of any such consideration shall be equal
to or exceed the fair market value or, if higher, the sale price of the
ammunition or ammunition components sold.
``(g) Disposition of Funds.--Amounts received as proceeds of sale
of ammunition or ammunition components under this section in any fiscal
year shall--
``(1) be credited to an appropriation available for such
fiscal year for the acquisition of ammunition or ammunition
components or to an appropriation available for such fiscal
year for the demilitarization of excess, obsolete, or
unserviceable ammunition or ammunition components; and
``(2) shall be available for the same period and for the
same purposes as the appropriation to which credited.
``(h) Relationship to Arms Export Control Act.--Nothing in this
section shall be construed to affect the applicability of section 38 of
the Arms Export Control Act (22 U.S.C. 2778) to sales of ammunition or
ammunition components on the United States Munitions List.
``(i) Definitions.--In this section:
``(1) The term `excess, obsolete, or unserviceable', with
respect to ammunition or ammunition components, means that the
ammunition or ammunition components are no longer necessary for
war reserves or for support of training of the Army or
production of ammunition or ammunition components.
``(2) The term `demilitarize', with respect to ammunition
or ammunition components--
``(A) means to destroy the military offensive or
defensive advantages inherent in the ammunition or
ammunition components; and
``(B) includes any mutilation, scrapping, melting,
burning, or alteration that prevents the use of the
ammunition or ammunition components for the military
purposes for which the ammunition or ammunition
components was designed or for a lethal purpose.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``4687. Sale of excess, obsolete, or unserviceable ammunition and
ammunition components.''.
SEC. 366. INVENTORY MANAGEMENT.
(a) Schedule for Implementation of Best Inventory Practices at
Defense Logistics Agency.--(1) The Director of the Defense Logistics
Agency shall develop and submit to Congress a schedule for implementing
within the agency, for the supplies and equipment described in
paragraph (2), inventory practices identified by the Director as being
the best commercial inventory practices for such supplies and equipment
consistent with military requirements. The schedule shall provide for
the implementation of such practices to be completed not later than
three years after date of the enactment of this Act.
(2) The inventory practices shall apply to the acquisition and
distribution of medical supplies, subsistence supplies, clothing and
textiles, commercially available electronics, construction supplies,
and industrial supplies.
(3) For the purposes of this section, the term ``best commercial
inventory practice'' includes a so-called prime vendor arrangement and
any other practice that the Director determines will enable the Defense
Logistics Agency to reduce inventory levels and holding costs while
improving the responsiveness of the supply system to user needs.
(b) Time for Submission of Schedule to Congress.--The schedule
required by this section shall be submitted not later than 180 days
after the date of the enactment of this Act.
SEC. 367. WARRANTY CLAIMS RECOVERY PILOT PROGRAM.
(a) Pilot Program Required.--The Secretary of Defense may carry out
a pilot program to use commercial sources of services to improve the
collection of Department of Defense claims under aircraft engine
warranties.
(b) Contracts.--Exercising authority provided in section 3718 of
title 31, United States Code, the Secretary of Defense may enter into
contracts under the pilot program to provide for the following
services:
(1) Collection services.
(2) Determination of amounts owed the Department of Defense
for repair of aircraft engines for conditions covered by
warranties.
(3) Identification and location of the sources of
information that are relevant to collection of Department of
Defense claims under aircraft engine warranties, including
electronic data bases and document filing systems maintained by
the Department of Defense or by the manufacturers and suppliers
of the aircraft engines.
(4) Services to define the elements necessary for an
effective training program to enhance and improve the
performance of Department of Defense personnel in collecting
and organizing documents and other information that are
necessary for efficient filing, processing, and collection of
Department of Defense claims under aircraft engine warranties.
(c) Contractor Fee.--Under authority provided in section 3718(d) of
title 31, United States Code, a contract entered into under the pilot
program shall provide for the contractor to be paid, out of the amount
recovered by the contractor under program, such percentages of the
amount recovered as the Secretary of Defense determines appropriate.
(d) Retention of Recovered Funds.--Subject to any obligation to pay
a fee under subsection (c), any amount collected for the Department of
Defense under the pilot program for a repair of an aircraft engine for
a condition covered by a warranty shall be credited to an appropriation
available for repair of aircraft engines for the fiscal year in which
collected and shall be available for the same purposes and same period
as the appropriation to which credited.
(e) Regulations.--The Secretary of Defense shall prescribe
regulations to carry out this section.
(f) Termination of Authority.--The pilot program shall terminate at
the end of September 30, 1999, and contracts entered into under this
section shall terminate not later than that date.
(g) Report.--Not later than January 1, 2000, the Secretary of
Defense shall submit to Congress a report on the pilot program. The
report shall include the following:
(1) The number of contracts entered into under the program.
(2) The extent to which the services provided under the
contracts resulted in financial benefits for the Federal
Government.
(3) Any additional comments and recommendations that the
Secretary considers appropriate regarding use of commercial
sources of services for collection of Department of Defense
claims under aircraft engine warranties.
SEC. 368. ADJUSTMENT AND DIVERSIFICATION ASSISTANCE TO ENHANCE
INCREASED PERFORMANCE OF MILITARY FAMILY SUPPORT SERVICES
BY PRIVATE SECTOR SOURCES.
Section 2391(b)(5) of title 10, United States Code, is amended by
adding at the end the following:
``(C) The Secretary of Defense may also make grants, conclude
cooperative agreements, and supplement other Federal funds in order to
assist a State or local government to enhance that government's
capabilities to support efforts of the Department of Defense to
privatize, contract for, or diversify the performance of military
family support services in cases in which the capability of the
department to provide such services is adversely affected by an action
described in paragraph (1).''.
SEC. 369. MULTITECHNOLOGY AUTOMATED READER CARD DEMONSTRATION PROGRAM.
(a) Program Required.--The Secretary of the Navy shall carry out a
program to demonstrate expanded use of multitechnology automated reader
cards throughout the Navy and the Marine Corps. The demonstration
program shall include demonstration of the use of the so-called
``smartship'' technology of the ship-to-shore work load/off load
program of the Navy.
(b) Period of Program.--The Secretary shall carry out the
demonstration program for two years beginning not later than January 1,
1998.
(c) Report.--Not later than 90 days after termination of the
demonstration program, the Secretary shall submit a report on the
experience under the program to the Committee on Armed Services of the
Senate and the Committee on National Security of the House of
Representatives.
(d) Funding.--(1) Of the amount authorized to be appropriated under
section 301(1), $36,000,000 shall be available for the demonstration
program under this section, of which $6,300,000 shall be available for
demonstration of the use of the so-called ``smartship'' technology of
the ship-to-shore work load/off load program of the Navy.
(2) Of the amount authorized to be appropriated under section
301(1), the total amount available for cold weather clothing is
decreased by $36,000,000.
SEC. 370. CONTRACTING FOR PROCUREMENT OF CAPITAL ASSETS IN ADVANCE OF
AVAILABILITY OF FUNDS IN THE WORKING-CAPITAL FUND
FINANCING THE PROCUREMENT.
Section 2208 of title 10, United States Code, is amended by adding
at the end the following:
``(l)(1) A contract for the procurement of a capital asset financed
by a working-capital fund may be awarded in advance of the availability
of funds in the working-capital fund for the procurement.
``(2) Paragraph (1) applies to any of the following capital assets
that have a development or acquisition cost of not less than $100,000:
``(A) A minor construction project under section 2805(c)(1)
of this title.
``(B) Automatic data processing equipment or software.
``(C) Any other equipment.
``(D) Any other capital improvement.''.
SEC. 371. CONTRACTED TRAINING FLIGHT SERVICES.
Of the amount authorized to be appropriated under section 301(4),
$12,000,000 may be used for contracted training flight services.
Subtitle F--Sikes Act Improvement
SEC. 381. SHORT TITLE; REFERENCES.
(a) Short Title.--This subtitle may be cited as the ``Sikes Act
Improvement Act of 1997''.
(b) References to Sikes Act.--In this subtitle, the term ``Sikes
Act'' means the Act entitled ``An Act to promote effectual planning,
development, maintenance, and coordination of wildlife, fish, and game
conservation and rehabilitation in military reservations'', approved
September 15, 1960 (commonly known as the ``Sikes Act'') (16 U.S.C.
670a et seq.).
SEC. 382. PREPARATION OF INTEGRATED NATURAL RESOURCES MANAGEMENT PLANS.
(a) In General.--Section 101 of the Sikes Act (16 U.S.C. 670a(a))
is amended by striking subsection (a) and inserting the following:
``(a) Authority of Secretary of Defense.--
``(1) Program.--
``(A) In general.--The Secretary of Defense shall
carry out a program to provide for the conservation and
rehabilitation of natural resources on military
installations.
``(B) Integrated natural resources management
plan.--To facilitate the program, the Secretary of each
military department shall prepare and implement an
integrated natural resources management plan for each
military installation in the United States under the
jurisdiction of the Secretary, unless the Secretary
determines that the absence of significant natural
resources on a particular installation makes
preparation of such a plan inappropriate.
``(2) Cooperative preparation.--The Secretary of a military
department shall prepare each integrated natural resources
management plan for which the Secretary is responsible in
cooperation with the Secretary of the Interior, acting through
the Director of the United States Fish and Wildlife Service,
and the head of each appropriate State fish and wildlife agency
for the State in which the military installation concerned is
located. Consistent with paragraph (4), the resulting plan for
the military installation shall reflect the mutual agreement of
the parties concerning conservation, protection, and management
of fish and wildlife resources.
``(3) Purposes of program.--Consistent with the use of
military installations to ensure the preparedness of the Armed
Forces, the Secretaries of the military departments shall carry
out the program required by this subsection to provide for--
``(A) the conservation and rehabilitation of
natural resources on military installations;
``(B) the sustainable multipurpose use of the
resources, which shall include hunting, fishing,
trapping, and nonconsumptive uses; and
``(C) subject to safety requirements and military
security, public access to military installations to
facilitate the use.
``(4) Effect on other law.--Nothing in this title--
``(A)(i) affects any provision of a Federal law
governing the conservation or protection of fish and
wildlife resources; or
``(ii) enlarges or diminishes the responsibility
and authority of any State for the protection and
management of fish and resident wildlife; or
``(B) except as specifically provided in the other
provisions of this section and in section 102,
authorizes the Secretary of a military department to
require a Federal license or permit to hunt, fish, or
trap on a military installation.''.
(b) Conforming Amendments.--
(1) Section 101 of the Sikes Act (16 U.S.C. 670a) is
amended--
(A) in subsection (b)(4), by striking ``cooperative
plan'' each place it appears and inserting ``integrated
natural resources management plan'';
(B) in subsection (c), in the matter preceding
paragraph (1), by striking ``a cooperative plan'' and
inserting ``an integrated natural resources management
plan'';
(C) in subsection (d), in the matter preceding
paragraph (1), by striking ``cooperative plans'' and
inserting ``integrated natural resources management
plans''; and
(D) in subsection (e), by striking ``Cooperative
plans'' and inserting ``Integrated natural resources
management plans''.
(2) Section 102 of the Sikes Act (16 U.S.C. 670b) is
amended by striking ``a cooperative plan'' and inserting ``an
integrated natural resources management plan''.
(3) Section 103 of the Sikes Act (16 U.S.C. 670c) is
amended by striking ``a cooperative plan'' and inserting ``an
integrated natural resources management plan''.
(4) Section 106 of the Sikes Act (16 U.S.C. 670f) is
amended--
(A) in subsection (a), by striking ``cooperative
plans'' and inserting ``integrated natural resources
management plans''; and
(B) in subsection (c), by striking ``cooperative
plans'' and inserting ``integrated natural resources
management plans''.
(c) Required Elements of Plans.--Section 101(b) of the Sikes Act
(16 U.S.C. 670a(b)) is amended--
(1) by striking ``(b) Each cooperative'' and all that
follows through the end of paragraph (1) and inserting the
following:
``(b) Required Elements of Plans.--Consistent with the use of
military installations to ensure the preparedness of the Armed Forces,
each integrated natural resources management plan prepared under
subsection (a)--
``(1) shall, to the extent appropriate and applicable,
provide for--
``(A) fish and wildlife management, land
management, forest management, and fish- and wildlife-
oriented recreation;
``(B) fish and wildlife habitat enhancement or
modifications;
``(C) wetland protection, enhancement, and
restoration, where necessary for support of fish,
wildlife, or plants;
``(D) integration of, and consistency among, the
various activities conducted under the plan;
``(E) establishment of specific natural resource
management goals and objectives and time frames for
proposed action;
``(F) sustainable use by the public of natural
resources to the extent that the use is not
inconsistent with the needs of fish and wildlife
resources;
``(G) public access to the military installation
that is necessary or appropriate for the use described
in subparagraph (F), subject to requirements necessary
to ensure safety and military security;
``(H) enforcement of applicable natural resource
laws (including regulations);
``(I) no net loss in the capability of military
installation lands to support the military mission of
the installation; and
``(J) such other activities as the Secretary of the
military department determines appropriate;'';
(2) in paragraph (2), by adding ``and'' at the end;
(3) by striking paragraph (3);
(4) by redesignating paragraph (4) as paragraph (3); and
(5) in paragraph (3)(A) (as so redesignated), by striking
``collect the fees therefor,'' and inserting ``collect, spend,
administer, and account for fees for the permits,''.
SEC. 383. REVIEW FOR PREPARATION OF INTEGRATED NATURAL RESOURCES
MANAGEMENT PLANS.
(a) Definitions.--In this section, the terms ``military
installation'' and ``United States'' have the meanings provided in
section 100 of the Sikes Act (as added by section 389).
(b) Review of Military Installations.--
(1) Review.--Not later than 270 days after the date of
enactment of this Act, the Secretary of each military
department shall--
(A) review each military installation in the United
States that is under the jurisdiction of that Secretary
to determine the military installations for which the
preparation of an integrated natural resources
management plan under section 101 of the Sikes Act (as
amended by this subtitle) is appropriate; and
(B) submit to the Secretary of Defense a report on
the determinations.
(2) Report to congress.--Not later than 1 year after the
date of enactment of this Act, the Secretary of Defense shall
submit to Congress a report on the reviews conducted under
paragraph (1). The report shall include--
(A) a list of the military installations reviewed
under paragraph (1) for which the Secretary of the
appropriate military department determines that the
preparation of an integrated natural resources
management plan is not appropriate; and
(B) for each of the military installations listed
under subparagraph (A), an explanation of each reason
such a plan is not appropriate.
(c) Deadline for Integrated Natural Resources Management Plans.--
Not later than 3 years after the date of the submission of the report
required under subsection (b)(2), the Secretary of each military
department shall, for each military installation with respect to which
the Secretary has not determined under subsection (b)(2)(A) that
preparation of an integrated natural resources management plan is not
appropriate--
(1) prepare and begin implementing such a plan in
accordance with section 101(a) of the Sikes Act (as amended by
this subtitle); or
(2) in the case of a military installation for which there
is in effect a cooperative plan under section 101(a) of the
Sikes Act on the day before the date of enactment of this Act,
complete negotiations with the Secretary of the Interior and
the heads of the appropriate State agencies regarding changes
to the plan that are necessary for the plan to constitute an
integrated natural resources management plan that complies with
that section, as amended by this subtitle.
(d) Public Comment.--The Secretary of each military department
shall provide an opportunity for the submission of public comments on--
(1) integrated natural resources management plans proposed
under subsection (c)(1); and
(2) changes to cooperative plans proposed under subsection
(c)(2).
SEC. 384. TRANSFER OF WILDLIFE CONSERVATION FEES FROM CLOSED MILITARY
INSTALLATIONS.
Section 101(b)(3)(B) of the Sikes Act (16 U.S.C. 670a(b)) (as
redesignated by section 382(c)(4)) is amended by inserting before the
period at the end the following: ``, unless the military installation
is subsequently closed, in which case the fees may be transferred to
another military installation to be used for the same purposes''.
SEC. 385. ANNUAL REVIEWS AND REPORTS.
Section 101 of the Sikes Act (16 U.S.C. 670a) is amended by adding
at the end the following:
``(f) Reviews and Reports.--
``(1) Secretary of defense.--Not later than March 1 of each
year, the Secretary of Defense shall review the extent to which
integrated natural resources management plans were prepared or
were in effect and implemented in accordance with this title in
the preceding year, and submit a report on the findings of the
review to the committees. Each report shall include--
``(A) the number of integrated natural resources
management plans in effect in the year covered by the
report, including the date on which each plan was
issued in final form or most recently revised;
``(B) the amounts expended on conservation
activities conducted pursuant to the plans in the year
covered by the report; and
``(C) an assessment of the extent to which the
plans comply with this title.
``(2) Secretary of the interior.--Not later than March 1 of
each year and in consultation with the heads of State fish and
wildlife agencies, the Secretary of the Interior shall submit a
report to the committees on the amounts expended by the
Department of the Interior and the State fish and wildlife
agencies in the year covered by the report on conservation
activities conducted pursuant to integrated natural resources
management plans.
``(3) Definition of committees.--In this subsection, the
term `committees' means--
``(A) the Committee on Resources and the Committee
on National Security of the House of Representatives;
and
``(B) the Committee on Armed Services and the
Committee on Environment and Public Works of the
Senate.''.
SEC. 386. COOPERATIVE AGREEMENTS.
Section 103a of the Sikes Act (16 U.S.C. 670c-1) is amended--
(1) in subsection (a), by striking ``Secretary of Defense''
and inserting ``Secretary of a military department'';
(2) by striking subsection (b);
(3) by redesignating subsection (c) as subsection (b); and
(4) by adding at the end the following:
``(c) Multiyear Agreements.--Funds made available to the Department
of Defense for a fiscal year may be obligated to cover the cost of
goods and services provided under a cooperative agreement entered into
under subsection (a) or through an agency agreement under section 1535
of title 31, United States Code, during any 18-month period beginning
in the fiscal year, regardless of the fact that the agreement extends
for more than 1 fiscal year.''.
SEC. 387. FEDERAL ENFORCEMENT.
Title I of the Sikes Act (16 U.S.C. 670a et seq.) is amended--
(1) by redesignating section 106 as section 108; and
(2) by inserting after section 105 the following:
``SEC. 106. FEDERAL ENFORCEMENT OF OTHER LAWS.
``All Federal laws relating to the management of natural resources
on Federal land may be enforced by the Secretary of Defense with
respect to violations of the laws that occur on military installations
within the United States.''.
SEC. 388. NATURAL RESOURCE MANAGEMENT SERVICES.
Title I of the Sikes Act (16 U.S.C. 670a et seq.) is amended by
inserting after section 106 (as added by section 387) the following:
``SEC. 107. NATURAL RESOURCE MANAGEMENT SERVICES.
``To the extent practicable using available resources, the
Secretary of each military department shall ensure that sufficient
numbers of professionally trained natural resource management personnel
and natural resource law enforcement personnel are available and
assigned responsibility to perform tasks necessary to carry out this
title, including the preparation and implementation of integrated
natural resources management plans.''.
SEC. 389. DEFINITIONS.
Title I of the Sikes Act (16 U.S.C. 670a et seq.) is amended by
inserting before section 101 the following:
``SEC. 100. DEFINITIONS.
``In this title:
``(1) Military installation.--The term `military
installation'--
``(A) means any land or interest in land owned by
the United States and administered by the Secretary of
Defense or the Secretary of a military department,
except land under the jurisdiction of the Assistant
Secretary of the Army having responsibility for civil
works;
``(B) includes all public lands withdrawn from all
forms of appropriation under public land laws and
reserved for use by the Secretary of Defense or the
Secretary of a military department; and
``(C) does not include any land described in
subparagraph (A) or (B) that is subject to an approved
recommendation for closure under the Defense Base
Closure and Realignment Act of 1990 (part A of title
XXIX of Public Law 101-510; 10 U.S.C. 2687 note).
``(2) State fish and wildlife agency.--The term `State fish
and wildlife agency' means the 1 or more agencies of State
government that are responsible under State law for managing
fish or wildlife resources.
``(3) United states.--The term `United States' means the
States, the District of Columbia, and the territories and
possessions of the United States.''.
SEC. 390. REPEAL.
Section 2 of Public Law 99-561 (16 U.S.C. 670a-1) is repealed.
SEC. 391. TECHNICAL AMENDMENTS.
(a) The Sikes Act (16 U.S.C. 670a et seq.) is amended by inserting
before title I the following:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Sikes Act'.''.
(b) The title heading for title I of the Sikes Act (16 U.S.C. prec.
670a) is amended by striking ``military reservations'' and inserting
``military installations''.
(c) Section 101 of the Sikes Act (16 U.S.C. 670a) is amended--
(1) in subsection (b)(3) (as redesignated by section
382(c)(4))--
(A) in subparagraph (A), by striking ``the
reservation'' and inserting ``the military
installation''; and
(B) in subparagraph (B), by striking ``the military
reservation'' and inserting ``the military
installation'';
(2) in subsection (c)--
(A) in paragraph (1), by striking ``a military
reservation'' and inserting ``a military
installation''; and
(B) in paragraph (2), by striking ``the
reservation'' and inserting ``the military
installation''; and
(3) in subsection (e), by striking ``the Federal Grant and
Cooperative Agreement Act of 1977 (41 U.S.C. 501 et seq.)'' and
inserting ``chapter 63 of title 31, United States Code''.
(d) Section 102 of the Sikes Act (16 U.S.C. 670b) is amended by
striking ``military reservations'' and inserting ``military
installations''.
(e) Section 103 of the Sikes Act (16 U.S.C. 670c) is amended--
(1) by striking ``military reservations'' and inserting
``military installations''; and
(2) by striking ``such reservations'' and inserting ``the
installations''.
SEC. 392. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Conservation Programs on Military Installations.--Subsections
(b) and (c) of section 108 of the Sikes Act (as redesignated by section
387(1)) are each amended by striking ``1983'' and all that follows
through ``1993,'' and inserting ``1998 through 2003,''.
(b) Conservation Programs on Public Lands.--Section 209 of the
Sikes Act (16 U.S.C. 670o) is amended--
(1) in subsection (a), by striking ``the sum of
$10,000,000'' and all that follows through ``to enable the
Secretary of the Interior'' and inserting ``$4,000,000 for each
of fiscal years 1998 through 2003, to enable the Secretary of
the Interior''; and
(2) in subsection (b), by striking ``the sum of
$12,000,000'' and all that follows through ``to enable the
Secretary of Agriculture'' and inserting ``$5,000,000 for each
of fiscal years 1998 through 2003, to enable the Secretary of
Agriculture''.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel
as of September 30, 1998, as follows:
(1) The Army, 485,000, of whom not more than 80,300 shall
be officers.
(2) The Navy, 390,802, of whom not more than 55,695 shall
be officers.
(3) The Marine Corps, 174,000, of whom not more than 17,978
shall be officers.
(4) The Air Force, 371,577, of whom not more than 72,732
shall be officers.
SEC. 402. PERMANENT END STRENGTH LEVELS TO SUPPORT TWO MAJOR REGIONAL
CONTINGENCIES.
(a) Repeal.--Section 691 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 39 of such title is amended by striking out the item relating
to section 691.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) Fiscal Year 1998.--The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as of
September 30, 1998, as follows:
(1) The Army National Guard of the United States, 361,516.
(2) The Army Reserve, 208,000.
(3) The Naval Reserve, 94,294.
(4) The Marine Corps Reserve, 42,000.
(5) The Air National Guard of the United States, 108,002.
(6) The Air Force Reserve, 73,542.
(7) The Coast Guard Reserve, 8,000.
(b) Adjustments.--The end strengths prescribed by subsection (a)
for the Selected Reserve of any reserve component for a fiscal year
shall be proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of the
fiscal year, and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
Whenever such units or such individual members are released from active
duty during any fiscal year, the end strength prescribed for such
fiscal year for the Selected Reserve of such reserve component shall be
proportionately increased by the total authorized strengths of such
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30,
1998, the following number of Reserves to be serving on full-time
active duty or full-time duty, in the case of members of the National
Guard, for the purpose of organizing, administering, recruiting,
instructing, or training the reserve components:
(1) The Army National Guard of the United States, 22,310.
(2) The Army Reserve, 11,500.
(3) The Naval Reserve, 16,136.
(4) The Marine Corps Reserve, 2,559.
(5) The Air National Guard of the United States, 10,671.
(6) The Air Force Reserve, 963.
SEC. 413. ADDITION TO END STRENGTHS FOR MILITARY TECHNICIANS.
(a) Air National Guard.--In addition to the number of military
technicians for the Air National Guard of the United States as of the
last day of fiscal year 1998 for which funds are authorized to be
appropriated in this Act, 100 military technicians are authorized for
fiscal year 1998 for five Air National Guard C-130 aircraft units.
(b) Air Force Reserve.--In addition to the number of military
technicians for the Air Force Reserve as of the last day of fiscal year
1998 for which funds are authorized to be appropriated in this Act, 21
military technicians are authorized for fiscal year 1998 for three Air
Force Reserve C-130 aircraft units.
Subtitle C--Authorization of Appropriations
SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the Department of
Defense for military personnel for fiscal year 1998 a total of
$69,244,962,000. The authorization in the preceding sentence supersedes
any other authorization of appropriations (definite or indefinite) for
such purpose for fiscal year 1998.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Personnel Management
SEC. 501. OFFICERS EXCLUDED FROM CONSIDERATION BY PROMOTION BOARD.
(a) Active Component Officers.--Section 619(d) of title 10, United
States Code, is amended by striking out paragraph (1) and inserting in
lieu thereof the following:
``(1) an officer whose name is on--
``(A) a promotion list for that grade as a result
of his selection for promotion to that grade by an
earlier selection board convened under that section; or
``(B) a list of names of officers recommended for
promotion to that grade that is set forth in a report
of such a board, while the report is pending action
under section 618 of this title''.
(b) Reserve Component Officers.--Section 14301(c) of such title is
amended by striking out paragraph (1) and inserting in lieu thereof the
following:
``(1) an officer whose name is on--
``(A) a promotion list for that grade as a result
of recommendation for promotion to that grade by an
earlier selection board convened under that section or
section 14502 of this title or under chapter 36 of this
title; or
``(B) a list of names of officers recommended for
promotion to that grade that is set forth in a report
of such a board, while the report is pending action
under section 618, 14110, or 14111 of this title;''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall apply with
respect to each selection board that is convened under section 611(a),
14101(a), or 14502 of title 10, United States Code, on or after such
date.
SEC. 502. INCREASE IN THE MAXIMUM NUMBER OF OFFICERS ALLOWED TO BE
FROCKED TO THE GRADE OF O-6.
Paragraph (2) of section 777(d) of title 10, United States Code, is
amended to read as follows:
``(2) The number of officers of an armed force on the active-duty
list who are authorized as described in subsection (a) to wear the
insignia for a grade to which a limitation on total number applies
under section 523(a) of this title for a fiscal year may not exceed--
``(A) in the case of the grade of major, lieutenant
colonel, lieutenant commander, or commander, 1 percent of the
total number provided for the officers in that grade in that
armed force in the administration of the limitation under that
section for that fiscal year; and
``(B) in the case of the grade of colonel or captain, 2
percent of the total number provided for the officers in that
grade in that armed force in the administration of the
limitation under that section for that fiscal year.''.
SEC. 503. AVAILABILITY OF NAVY CHAPLAINS ON RETIRED LIST OR OF
RETIREMENT AGE TO SERVE AS CHIEF OR DEPUTY CHIEF OF
CHAPLAINS OF THE NAVY.
(a) Eligibility of Officers on Retired List.--(1) Section 5142(b)
of title 10, United States Code, is amended by striking out ``, who are
not on the retired list,'' in the second sentence.
(2) Section 5142a of such title is amended by striking out ``, who
is not on the retired list,''.
(b) Authority To Defer Retirement.--(1) Chapter 573 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 6411. Chief and Deputy Chief of Chaplains: deferment of
retirement for age
``The Secretary of the Navy may defer the retirement under section
1251(a) of this title of an officer of the Chaplain Corps if during the
period of the deferment the officer will be serving as the Chief of
Chaplains or the Deputy Chief of Chaplains. A deferment under this
subsection may not extend beyond the first day of the month following
the month in which the officer becomes 68 years of age.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following:
``6411. Chief and Deputy Chief of Chaplains: deferment of retirement
for age.''.
SEC. 504. PERIOD OF RECALL SERVICE OF CERTAIN RETIREES.
(a) Inapplicability of Limitation to Certain Officers.--Section
688(e) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' after ``(e)''; and
(2) by adding at the end the following:
``(2) In the administration of paragraph (1), the following
officers shall not be counted:
``(A) A chaplain who is assigned to duty as a chaplain for
the period of active duty to which ordered.
``(B) A health care professional (as characterized by the
Secretary concerned) who is assigned to duty as a health care
professional for the period of the active duty to which
ordered.
``(C) Any officer assigned to duty with the American Battle
Monuments Commission for the period of active duty to which
ordered.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on September 30, 1997, immediately after the amendment made
by section 521(a) of Public Law 104-201 (110 Stat. 2515) takes effect.
SEC. 505. INCREASED YEARS OF COMMISSIONED SERVICE FOR MANDATORY
RETIREMENT OF REGULAR GENERALS AND ADMIRALS ABOVE MAJOR
GENERAL AND REAR ADMIRAL.
(a) Years of Service.--Section 636 of title 10, United States Code,
is amended--
(1) by striking out ``Except'' and inserting in lieu
thereof ``(a) Major Generals and Rear Admirals Serving in
Grade.--Except as provided in subsection (b) or (c) of this
section and''; and
(2) by adding at the end the following:
``(b) Lieutenant Generals and Vice Admirals.--In the administration
of subsection (a) in the case of an officer who is serving in the grade
of lieutenant general or vice admiral, the number of years of active
commissioned service applicable to the officer is 38 years.
``(c) Generals and Admirals.--In the administration of subsection
(a) in the case of an officer who is serving in the grade of general or
admiral, the number of years of active commissioned service applicable
to the officer is 40 years.''.
(b) Section Heading.--The heading of such section is amended to
read as follows:
``Sec. 636. Retirement for years of service: regular officers in grades
above brigadier general and rear admiral (lower half)''.
(c) Clerical Amendment.--The item relating to such section in the
table of sections at the beginning of subchapter III of chapter 36 of
title 10, United States Code, is amended to read as follows:
``636. Retirement for years of service: regular officers in grades
above brigadier general and rear admiral
(lower half).''.
Subtitle B--Matters Relating to Reserve Components
SEC. 511. TERMINATION OF READY RESERVE MOBILIZATION INCOME INSURANCE
PROGRAM.
(a) Termination.--(1) Chapter 1214 of title 10, United States Code,
is amended by adding at the end the following;
``Sec. 12533. Termination of program authority
``(a) Benefits Not To Accrue.--No benefits accrue under the
insurance program for active duty performed on or after the program
termination date.
``(b) Service Not Insured.--The insurance program does not apply
with respect to any order of a member of the Ready Reserve into covered
service that becomes effective on or after the program termination
date.
``(c) Cessation of Activities.--No person may be enrolled, and no
premium may be collected, under the insurance program on or after the
program termination date.
``(d) Program Termination Date.--For the purposes of this section,
the term `program termination date' is the date of the enactment of the
National Defense Authorization Act for Fiscal Year 1998.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following:
``12533. Termination of program authority.''.
(b) Payment of Benefits.--The Secretary of Defense shall pay in
full all benefits that have accrued to members of the Armed Forces
under the Ready Reserve Mobilization Income Insurance Program before
the date of the enactment of this Act. A refund of premiums to a
beneficiary under subsection (c) may not reduce the benefits payable to
the beneficiary under this subsection.
(c) Refund of Premiums.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall refund
premiums paid under the Ready Reserve Mobilization Income Insurance
Program to the persons who paid the premiums, as follows:
(1) In the case of a person for whom no payment of benefits
has accrued under the program, all premiums.
(2) In the case of a person who has accrued benefits under
the program, the premiums (including any portion of a premium)
that the person has paid for periods (including any portion of
a period) for which no benefits accrued to the person under the
program.
(d) Study and Report.--Not later than June 1, 1998, the Secretary
of Defense shall--
(1) carry out a study to determine--
(A) the reasons for the fiscal deficiencies in the
Ready Reserve Mobilization Income Insurance Program
that make it necessary to appropriate $72,000,000 or
more to pay benefits (including benefits in arrears)
and other program costs; and
(B) whether there is a need for such a program; and
(2) submit to Congress a report containing--
(A) the Secretary's determinations; and
(B) if the Secretary determines that there is a
need for a Ready Reserve mobilization income insurance
program, the Secretary's recommendations for improving
the program under chapter 1214 of title 10, United
States Code.
SEC. 512. DISCHARGE OR RETIREMENT OF RESERVE OFFICERS IN AN INACTIVE
STATUS.
Section 12683(b)(1) of title 10, United States Code, is amended to
read as follows:
``(1) to--
``(A) a separation under section 12684, 14901, or
14907 of this title; or
``(B) a separation of a reserve officer in an
inactive status in the Standby Reserve who is not
qualified for transfer to the Retired Reserve or, if
qualified, does not apply for transfer to the Retired
Reserve;''.
SEC. 513. RETENTION OF MILITARY TECHNICIANS IN GRADE OF BRIGADIER
GENERAL AFTER MANDATORY SEPARATION DATE.
(a) Retention to Age 60.--Section 14702(a) of title 10, United
States Code, is amended--
(1) by striking out ``section 14506 or 14507'' and
inserting in lie thereof ``section 14506, 14507, or 14508(a)'';
and
(2) by striking out ``or colonel'' and inserting in lieu
thereof ``colonel, or brigadier general''.
(b) Relationship to Other Retention Authority.--Section 14508(c) of
such title is amended by adding at the end the following: ``For the
purposes of the preceding sentence, a retention of a reserve officer
under section 14702 of this title shall not be construed as being a
retention of that officer under this subsection.''.
SEC. 514. FEDERAL STATUS OF SERVICE BY NATIONAL GUARD MEMBERS AS HONOR
GUARDS AT FUNERALS OF VETERANS.
(a) In General.--(1) Chapter 1 of title 32, United States Code, as
amended by section 364, is further amended by adding at the end the
following new section:
``Sec. 114. Honor guard functions at funerals for veterans
``Subject to such restrictions as may be prescribed by the
Secretary concerned, the performance of honor guard functions by
members of the National Guard at funerals for veterans of the armed
forces may be treated by the Secretary concerned as a Federal function
for which appropriated funds may be used. Any such performance of honor
guard functions at funerals may not be considered to be a period of
drill or training otherwise required.''.
(2) The table of sections at the beginning of such chapter, as
amended by section 364, is further amended by adding at the end the
following new item:
``114. Honor guard functions at funerals for veterans.''.
(b) Funding for Fiscal Year 1997.--Section 114 of title 32, United
States Code, as added by subsection (a), does not authorize additional
appropriations for fiscal year 1997. Any expenses of the National Guard
that are incurred by reason of such section during fiscal year 1997 may
be paid from existing appropriations available for the National Guard.
Subtitle C--Education and Training Programs
SEC. 521. SERVICE ACADEMIES FOREIGN EXCHANGE STUDY PROGRAM.
(a) United States Military Academy.--(1) Chapter 403 of title 10,
United States Code, is amended by inserting after section 4344 the
following new section:
``Sec. 4345. Exchange program with foreign military academies
``(a) Agreement Authorized.--The Secretary of the Army may enter
into an agreement with an official of a foreign government authorized
to act for that foreign government to carry out a military academy
foreign exchange study program.
``(b) Terms of Agreement.--(1) An agreement with a foreign
government under this section shall provide for the following:
``(A) That, on an exchange basis, the Secretary provide
students of military academies of the foreign government with
instruction at the Academy and the foreign government provide
cadets of the Academy with instruction at military academies of
the foreign government.
``(B) That the number of cadets of the Academy provided
instruction under the exchange program and the number of
students of military academies of the foreign government
provided instruction at the Academy under the exchange program
during an academic year be equal.
``(C) That the duration of the period of exchange study for
each student not exceed one academic semester (or an equivalent
academic period of a host foreign military academy).
``(2) An agreement with a foreign government under this section may
provide for the Secretary to provide a student of a military academy of
the foreign government with quarters, subsistence, transportation,
clothing, health care, and other services during the period of the
student's exchange study at the Academy to the same extent that the
foreign government provides comparable support and services to cadets
of the Academy during the period of the cadets' exchange study at a
military academy of the foreign government.
``(c) Maximum Number.--Under the exchange program not more than a
total of 24 cadets of the Academy may be receiving instruction at
military academies of foreign governments under the program at any
time, and not more than a total of 24 students of military academies of
foreign governments may be receiving instruction at the Academy at any
time.
``(d) Foreign Students Not To Receive Pay and Allowances.--A
student of a foreign military academy provided instruction at the
Academy under the exchange program is not, by virtue of participation
in the exchange program, entitled to the pay, allowances, and
emoluments of a cadet appointed from the United States.
``(e) Special Rules for Foreign Military Academy Students.--(1)
Foreign military academy students receiving instruction at the Academy
under the exchange program are in addition to--
``(A) the number of persons from foreign countries who are
receiving instruction at the Academy under section 4344 of this
title; and
``(B) the authorized strength of the cadets of the Academy
under section 4342 of this title.
``(2) Subsections (c) and (d) of section 9344 of this title apply
to students of military academies of foreign governments while the
students are participating in the exchange program under this section.
``(f) Regulations.--The Secretary shall prescribe regulations to
carry out the military academy foreign exchange study program under
this section. The regulations may, subject to subsection (e)(2),
include eligibility criteria and methods for selection of students to
participate in the exchange program.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 4344 the
following new item:
``4345. Exchange program with foreign military academies.''.
(b) United States Naval Academy.--(1) Chapter 603 of title 10,
United States Code, is amended by inserting after section 6957 the
following new section:
``Sec. 6957a. Exchange program with foreign military academies
``(a) Agreement Authorized.--The Secretary of the Navy may enter
into an agreement with an official of a foreign government authorized
to act for that foreign government to carry out a military academy
foreign exchange study program.
``(b) Terms of Agreement.--(1) An agreement with a foreign
government under this section shall provide for the following:
``(A) That, on an exchange basis, the Secretary provide
students of military academies of the foreign government with
instruction at the Naval Academy and the foreign government
provide midshipmen of the Academy with instruction at military
academies of the foreign government.
``(B) That the number of midshipmen of the Naval Academy
provided instruction under the exchange program and the number
of students of military academies of the foreign government
provided instruction at the Naval Academy under the exchange
program during an academic year be equal.
``(C) That the duration of the period of exchange study for
each student not exceed one academic semester (or an equivalent
academic period of a host foreign military academy).
``(2) An agreement with a foreign government under this section may
provide for the Secretary to provide a student of a military academy of
the foreign government with quarters, subsistence, transportation,
clothing, health care, and other services during the period of the
student's exchange study at the Naval Academy to the same extent that
the foreign government provides comparable support and services to
midshipmen of the Naval Academy during the period of the cadets'
exchange study at a military academy of the foreign government.
``(c) Maximum Number.--Under the exchange program not more than a
total of 24 midshipmen of the Naval Academy may be receiving
instruction at military academies of foreign governments under the
program at any time, and not more than a total of 24 students of
military academies of foreign governments may be receiving instruction
at the Naval Academy at any time.
``(d) Foreign Students Not To Receive Pay and Allowances.--A
student of a foreign military academy provided instruction at the Naval
Academy under the exchange program is not, by virtue of participation
in the exchange program, entitled to the pay, allowances, and
emoluments of a midshipman appointed from the United States.
``(e) Special Rules for Foreign Military Academy Students.--(1)
Foreign military academy students receiving instruction at the Naval
Academy under the exchange program are in addition to--
``(A) the number of persons from foreign countries who are
receiving instruction at the Naval Academy under section 6957
of this title; and
``(B) the authorized strength of the midshipmen under
section 6954 of this title.
``(2) Section 6957(c) of this title applies to students of military
academies of foreign governments while the students are participating
in the exchange program under this section.
``(f) Regulations.--The Secretary shall prescribe regulations to
carry out the military academy foreign exchange study program under
this section. The regulations may, subject to subsection (e)(2),
include eligibility criteria and methods for selection of students to
participate in the exchange program.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 6957 the
following new item:
``6957a. Exchange program with foreign military academies.''.
(c) United States Air Force Academy.--(1) Chapter 903 of title 10,
United States Code, is amended by inserting after section 9344 the
following new section:
``Sec. 9345. Exchange program with foreign military academies
``(a) Agreement Authorized.--The Secretary of the Air Force may
enter into an agreement with an official of a foreign government
authorized to act for that foreign government to carry out a military
academy foreign exchange study program.
``(b) Terms of Agreement.--(1) An agreement with a foreign
government under this section shall provide for the following:
``(A) That, on an exchange basis, the Secretary provide
students of military academies of the foreign government with
instruction at the Air Force Academy and the foreign government
provide Air Force Cadets of the Academy with instruction at
military academies of the foreign government.
``(B) That the number of Air Force Cadets of the Academy
provided instruction under the exchange program and the number
of students of military academies of the foreign government
provided instruction at the Academy under the exchange program
during an academic year be equal.
``(C) That the duration of the period of exchange study for
each student not exceed one academic semester (or an equivalent
academic period of a host foreign military academy).
``(2) An agreement with a foreign government under this section may
provide for the Secretary to provide a student of a military academy of
the foreign government with quarters, subsistence, transportation,
clothing, health care, and other services during the period of the
student's exchange study at the Academy to the same extent that the
foreign government provides comparable support and services to Air
Force Cadets of the Academy during the period of the cadets' exchange
study at a military academy of the foreign government.
``(c) Maximum Number.--Under the exchange program not more than a
total of 24 Air Force Cadets of the Academy may be receiving
instruction at military academies of foreign governments under the
program at any time, and not more than a total of 24 students of
military academies of foreign governments may be receiving instruction
at the Academy at any time.
``(d) Foreign Students Not To Receive Pay and Allowances.--A
student of a foreign military academy provided instruction at the
Academy under the exchange program is not, by virtue of participation
in the exchange program, entitled to the pay, allowances, and
emoluments of a cadet appointed from the United States.
``(e) Special Rules for Foreign Military Academy Students.--(1)
Foreign military academy students receiving instruction at the Academy
under the exchange program are in addition to--
``(A) the number of persons from foreign countries who are
receiving instruction at the Academy under section 9344 of this
title; and
``(B) the authorized strength of the Air Force Cadets of
the Academy under section 9342 of this title.
``(2) Subsections (c) and (d) of section 9344 of this title apply
to students of military academies of foreign governments while the
students are participating in the exchange program under this section.
``(f) Regulations.--The Secretary shall prescribe regulations to
carry out the military academy foreign exchange study program under
this section. The regulations may, subject to subsection (e)(2),
include eligibility criteria and methods for selection of students to
participate in the exchange program.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 9344 the
following new item:
``9345. Exchange program with foreign military academies.''.
SEC. 522. PROGRAMS OF HIGHER EDUCATION OF THE COMMUNITY COLLEGE OF THE
AIR FORCE.
(a) Programs for Instructors at Air Force Training Schools.--
Section 9315 of title 10, United States Code, is amended--
(1) in subsection (b), by striking out ``(b) Subject to
subsection (c)'' and inserting in lieu thereof ``(b) Conferment
of Degree.--(1) Subject to paragraph (2)'';
(2) by redesignating subsection (c) as paragraph (2) and in
such paragraph, as so redesignated--
(A) by striking out ``(1) the'' and inserting in
lieu thereof ``(A) the''; and
(B) by striking out ``(2) the'' and inserting in
lieu thereof ``(B) the'';
(3) in subsection (a)--
(A) by inserting after ``(a)'' the following:
``Establishment and Mission.--''; and
(B) in paragraph (1), by striking out ``Air Force''
and inserting in lieu thereof ``armed forces described
in subsection (b)''; and
(4) by inserting after subsection (a) the following new
subsection (b):
``(b) Members Eligible for Programs.--Subject to such other
eligibility requirements as the Secretary concerned may prescribe, the
following members of the armed forces are eligible to participate in
programs of higher education referred to in subsection (a)(1):
``(1) An enlisted member of the Army, Navy, or Air Force
who is serving as an instructor at an Air Force training
school.
``(2) Any other enlisted member of the Air Force.''.
(b) Retroactive Applicability.--Subsection (b) of section 9315 of
such title, as added by subsection (a)(4), shall apply with respect to
programs of higher education of the Community College of the Air Force
as of March 31, 1996.
SEC. 523. PRESERVATION OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE OF
MEMBERS OF THE SELECTED RESERVE SERVING ON ACTIVE DUTY IN
SUPPORT OF A CONTINGENCY OPERATION.
(a) Preservation of Educational Assistance.--Section
16131(c)(3)(B)(i) of title 10, United States Code, is amended by
striking out ``, in connection with the Persian Gulf War,''.
(b) Extension of 10-Year Period of Availability.--Section
16133(b)(4) of such title is amended--
(1) by striking out ``(A)'';
(2) by striking out ``, during the Persian Gulf War,'';
(3) by redesignating clauses (i) and (ii) as subparagraphs
(A) and (B), respectively; and
(4) by striking out ``(B) For the purposes'' and all that
follows through ``title 38.''.
SEC. 524. REPEAL OF CERTAIN STAFFING AND SAFETY REQUIREMENTS FOR THE
ARMY RANGER TRAINING BRIGADE.
(a) In General.--(1) Section 4303 of title 10, United States Code,
is repealed.
(2) The table of sections at the beginning of chapter 401 of such
title is amended by striking out the item relating to section 4303.
(b) Repeal of Related Provision.--Section 562 of Public Law 104-106
(110 Stat. 323) is repealed.
SEC. 525. FLEXIBILITY IN MANAGEMENT OF JUNIOR RESERVE OFFICERS'
TRAINING CORPS.
(a) Authority of the Secretary of Defense.--Chapter 102 of title
10, United States Code, is amended by adding at the end the following:
``Sec. 2032. Responsibility of the Secretary of Defense
``(a) Coordination by Secretary of Defense.--The Secretary of
Defense shall coordinate the establishment and maintenance of Junior
Reserve Officers' Training Corps units by the Secretaries of the
military departments in order to maximize enrollment in the Corps and
to enhance administrative efficiency in the management of the Corps.
The Secretary may impose such requirements regarding establishment of
units and transfer of existing units as the Secretary considers
necessary to achieve the objectives set forth in the preceding
sentence.
``(b) Consideration of New School Openings and Consolidations.--In
carrying out subsection (a), the Secretary shall take into
consideration openings of new schools, consolidations of schools, and
the desirability of continuing the opportunity for participation in the
Corps by participants whose continued participation would otherwise be
adversely affected by new school openings and consolidations of
schools.
``(c) Funding.--If amounts available for the Junior Reserve
Officers' Training Corps are insufficient for taking actions considered
necessary by the Secretary under subsection (a), the Secretary shall
seek additional funding for units from the local educational
administration agencies concerned.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following:
``2032. Responsibility of the Secretary of Defense.''.
Subtitle D--Decorations and Awards
SEC. 531. CLARIFICATION OF ELIGIBILITY OF MEMBERS OF READY RESERVE FOR
AWARD OF SERVICE MEDAL FOR HEROISM.
(a) Soldier's Medal.--Section 3750(a) of title 10, United States
Code, is amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end the following new paragraph:
``(2) The authority in paragraph (1) includes authority to award
the medal to a member of the Ready Reserve who was not in a duty status
defined in section 101(d) of this title when the member distinguished
himself by heroism.''.
(b) Navy and Marine Corps Medal.--Section 6246 of such title is
amended--
(1) by designating the text of the section as subsection
(a); and
(2) by adding at the end the following new subsection:
``(b) The authority in subsection (a) includes authority to award
the medal to a member of the Ready Reserve who was not in a duty status
defined in section 101(d) of this title when the member distinguished
himself by heroism.''.
(c) Airman's Medal.--Section 8750(a) of such title is amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end the following new paragraph:
``(2) The authority in paragraph (1) includes authority to award
the medal to a member of the Ready Reserve who was not in a duty status
defined in section 101(d) of this title when the member distinguished
himself by heroism.''.
SEC. 532. WAIVER OF TIME LIMITATIONS FOR AWARD OF CERTAIN DECORATIONS
TO SPECIFIED PERSONS.
(a) Waiver of Time Limitation.--Any limitation established by law
or policy for the time within which a recommendation for the award of a
military decoration or award must be submitted shall not apply in the
case of awards of decorations described in subsections (b), (c), and
(d), the award of each such decoration having been determined by the
Secretary of the military department concerned to be warranted in
accordance with section 1130 of title 10, United States Code.
(b) Silver Star Medal.--Subsection (a) applies to the award of the
Silver Star Medal as follows:
(1) To Joseph M. Moll, Jr. of Milford, New Jersey, for
service during World War II.
(2) To Philip Yolinsky of Hollywood, Florida, for service
during the Korean Conflict.
(c) Navy and Marine Corps Medal.--Subsection (a) applies to the
award of the Navy and Marine Corps Medal to Gary A. Gruenwald of
Damascus, Maryland, for service in Tunisia in October 1977.
(d) Distinguished Flying Cross.--Subsection (a) applies to awards
of the Distinguished Flying Cross for service during World War II or
Korea (including multiple awards to the same individual) in the case of
each individual concerning whom the Secretary of the Navy (or an
officer of the Navy acting on behalf of the Secretary) submitted to the
Committee on National Security of the House of Representatives and the
Committee on Armed Services of the Senate, before the date of the
enactment of this Act, a notice as provided in section 1130(b) of title
10, United States Code, that the award of the Distinguished Flying
Cross to that individual is warranted and that a waiver of time
restrictions prescribed by law for recommendation for such award is
recommended.
SEC. 533. ONE-YEAR EXTENSION OF PERIOD FOR RECEIPT OF RECOMMENDATIONS
FOR DECORATIONS AND AWARDS FOR CERTAIN MILITARY
INTELLIGENCE PERSONNEL.
Section 523(b)(1) of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 311; 10 U.S.C. 1130
note) is amended by striking out ``during the one-year period beginning
on the date of the enactment of this Act'' and inserting in lieu
thereof ``after February 9, 1996, and before February 10, 1998''.
SEC. 534. ELIGIBILITY OF CERTAIN WORLD WAR II MILITARY ORGANIZATIONS
FOR AWARD OF UNIT DECORATIONS.
(a) Authority.--A unit decoration may be awarded for any unit or
other organization of the Armed Forces of the United States, such as
the Military Intelligence Service of the Army, that (1) supported the
planning or execution of combat operations during World War II
primarily through unit personnel who were attached to other units of
the Armed Forces or of other allied armed forces, and (2) is not
otherwise eligible for award of the decoration by reason of not usually
having been deployed as a unit in support of such operations.
(b) Time for Submission of Recommendation.--Any recommendation for
award of a unit decoration under subsection (a) shall be submitted to
the Secretary concerned (as defined in section 101(a)(9) of title 10,
United States Code), or to such other official as the Secretary
concerned may designate, not later than 2 years after the date of the
enactment of this Act.
SEC. 535. RETROACTIVITY OF MEDAL OF HONOR SPECIAL PENSION.
(a) Entitlement.--In the case of Vernon J. Baker, Edward A. Carter,
Junior, and Charles L. Thomas, who were awarded the Medal of Honor
pursuant to section 561 of Public Law 104-201 (110 Stat. 2529) and
whose names have been entered and recorded on the Army, Navy, Air
Force, and Coast Guard Medal of Honor Roll, the entitlement of those
persons to the special pension provided under section 1562 of title 38,
United States Code (and antecedent provisions of law), shall be
effective as follows:
(1) In the case of Vernon J. Baker, for months that begin
after April 1945.
(2) In the case of Edward A. Carter, Junior, for months
that begin after March 1945.
(3) In the case of Charles L. Thomas, for months that begin
after December 1944.
(b) Amount.--The amount of the special pension payable under
subsection (a) for a month beginning before the date of the enactment
of this Act shall be the amount of the special pension provided by law
for that month for persons entered and recorded on the Army, Navy, Air
Force, and Coast Guard Medal of Honor Roll (or an antecedent Medal of
Honor Roll required by law).
(c) Payment to Next of Kin.--In the case of a person referred to in
subsection (a) who died before receiving full payment of the pension
pursuant to this section, the Secretary of Veterans Affairs shall pay
the total amount of the accrued pension, upon receipt of application
for payment within one year after the date of the enactment of this
Act, to the deceased person's spouse or, if there is no surviving
spouse, then to the deceased person's children, per stirpes, in equal
shares.
SEC. 536. COLD WAR SERVICE MEDAL.
(a) Authority.--Chapter 57 of title 10, United States Code, is
amended by adding at the end the following:
``Sec. 1131. Cold War service medal
``(a) Medal Required.--The Secretary concerned shall issue the Cold
War service medal to persons eligible to receive the medal under
subsection (b). The Cold War service medal shall be of an appropriate
design approved by the Secretary of Defense, with ribbons, lapel pins,
and other appurtenances.
``(b) Eligible Persons.--The following persons are eligible to
receive the Cold War service medal:
``(1) A person who--
``(A) performed active duty or inactive duty
training as an enlisted member of an armed force during
the Cold War;
``(B) completed the initial term of enlistment;
``(C) after the expiration of the initial term of
enlistment, reenlisted in an armed force for an
additional term or was appointed as a commissioned
officer or warrant officer in an armed force; and
``(D) has not received a discharge less favorable
than an honorable discharge or a release from active
duty with a characterization of service less favorable
than honorable.
``(2) A person who--
``(A) performed active duty or inactive duty
training as a commissioned officer or warrant office in
an armed force during the Cold War;
``(B) completed the initial service obligation as
an officer;
``(C) served in the armed forces after completing
the initial service obligation; and
``(D) has not been released from active duty with a
characterization of service less favorable than
honorable and has not received a discharge less
favorable than an honorable discharge.
``(c) One Award Authorized.--Not more than one Cold War service
medal may be issued to any one person.
``(d) Issuance to Representative of Deceased.--If a person referred
to in subsection (b) dies before being issued the Cold War service
medal, the medal may be issued to the person's representative, as
designated by the Secretary concerned.
``(e) Replacement.--Under regulations prescribed by the Secretary
concerned, a Cold War service medal that is lost, destroyed, or
rendered unfit for use without fault or neglect on the part of the
person to whom it was issued may be replaced without charge.
``(f) Uniform Regulations.--The Secretary of Defense shall ensure
that regulations prescribed by the Secretaries of the military
departments under this section are uniform so far as is practicable.
``(g) Definitions.--In this section, the term `Cold War' means the
period beginning on August 15, 1974, and terminating at the end of
December 21, 1991.''.
(b) Clerical Amendments.--The table of sections at the beginning of
such chapter is amended by adding at the end the following:
``Sec. 1131. Cold War service medal.''.
Subtitle E--Military Personnel Voting Rights
SEC. 541. SHORT TITLE.
This subtitle may be cited as the ``Military Voting Rights Act of
1997''.
SEC. 542. GUARANTEE OF RESIDENCY.
Article VII of the Soldiers' and Sailors' Civil Relief Act of 1940
(50 U.S.C. App. 590 et seq.) is amended by adding at the end the
following:
``Sec. 704. (a) For purposes of voting for an office of the United
States or of a State, a person who is absent from a State in compliance
with military or naval orders shall not, solely by reason of that
absence--
``(1) be deemed to have lost a residence or domicile in
that State;
``(2) be deemed to have acquired a residence or domicile in
any other State; or
``(3) be deemed to have become resident in or a resident of
any other State.
``(b) In this section, the term `State' includes a territory or
possession of the United States, a political subdivision of a State,
territory, or possession, and the District of Columbia.''.
SEC. 543. STATE RESPONSIBILITY TO GUARANTEE MILITARY VOTING RIGHTS.
(a) Registration and Balloting.--Section 102 of the Uniformed and
Overseas Absentee Voting Act (42 U.S.C. 1973ff-1) is amended--
(1) by inserting ``(a) Elections for Federal Offices.--''
before ``Each State shall--''; and
(2) by adding at the end the following:
``(b) Elections for State and Local Offices.--Each State shall--
``(1) permit absent uniformed services voters to use
absentee registration procedures and to vote by absentee ballot
in general, special, primary, and runoff elections for State
and local offices; and
``(2) accept and process, with respect to any election
described in paragraph (1), any otherwise valid voter
registration application from an absent uniformed services
voter if the application is received by the appropriate State
election official not less than 30 days before the election.''.
(b) Conforming Amendment.--The heading for title I of such Act is
amended by striking out ``FOR FEDERAL OFFICE''.
Subtitle F--Other Matters
SEC. 551. SENSE OF CONGRESS REGARDING STUDY OF MATTERS RELATING TO
GENDER EQUITY IN THE ARMED FORCES.
(a) Findings.--Congress makes the following findings:
(1) In the all-volunteer force, women play an integral role
in the Armed Forces.
(2) With increasing numbers of women in the Armed Forces,
questions arise concerning inequalities, and perceived
inequalities, between the treatment of men and women in the
Armed Forces.
(b) Sense of Congress.--It is the sense of Congress that the
Comptroller General should--
(1) conduct a study on any inequality, or perception of
inequality, in the treatment of men and women in the Armed
Forces that arises out of the statutes and regulations
governing the Armed Forces; and
(2) submit to Congress a report on the study not later than
one year after the date of enactment of this Act.
SEC. 552. COMMISSION ON GENDER INTEGRATION IN THE MILITARY.
(a) Establishment.--There is established a commission to be known
as the Commission on Gender Integration in the Military.
(b) Membership.--
(1) In general.--The commission shall be composed of 11
members appointed from among private citizens of the United
States who have appropriate and diverse experiences, expertise,
and historical perspectives on training, organizational, legal,
management, military, and gender integration matters.
(2) Specific qualifications.--Of the 11 members, at least
two shall be appointed from among persons who have superior
academic credentials, at least four shall be appointed from
among former members and retired members of the Armed Forces,
and at least two shall be appointed from among members of the
reserve components of the Armed Forces.
(c) Appointments.--
(1) Authority.--The President pro tempore of the Senate
shall appoint the members in consultation with the chairman of
the Committee on Armed Services, who shall recommend six
persons for appointment, and the ranking member of the
Committee on Armed Services, who shall recommend five persons
for appointment. The appointments shall be made not later than
45 days after the date of the enactment of this Act.
(2) Period of appointment.--Members shall be appointed for
the life of the commission.
(3) Vacancies.--A vacancy in the membership shall not
affect the commission's powers, but shall be filled in the same
manner as the original appointment.
(d) Meetings.--
(1) Initial meeting.--The Commission shall hold its first
meeting not later than 30 days after the date on which all
members have been appointed.
(2) When called.--The Commission shall meet upon the call
of the chairman.
(3) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number may hold
meetings.
(e) Chairman and Vice Chairman.--The Commission shall select a
chairman and a vice chairman from among its members.
(f) Authority of Individuals To Act for Commission.--Any member or
agent of the Commission may, if authorized, by the Commission, take any
action which the Commission is authorized to take under this title.
(g) Duties.--The Commission shall--
(1) review the current practices of the Armed Forces,
relevant studies, and private sector training concepts
pertaining to gender-integrated training;
(2) review the laws, regulations, policies, directives, and
practices that govern personal relationships between men and
women in the armed forces and personal relationships between
members of the armed forces and non-military personnel of the
opposite sex;
(3) assess the extent to which the laws, regulations,
policies, and directives have been applied consistently
throughout the Armed Forces without regard to the armed force,
grade, or rank of the individuals involved;
(4) provide an independent assessment of the reports of the
independent panel, the Department of Defense task force, and
the review of existing guidance on adultery announced by the
Secretary of Defense; and
(5) examine the experiences, policies, and practices of the
armed forces of other industrialized nations regarding gender-
integrated training.
(h) Reports.--
(1) Initial report.--Not later than April 15, 1998, the
Commission shall submit to the Committee on Armed Services of
the Senate an initial report setting forth the activities,
findings, and recommendations of the Commission. The report
shall include any recommendations for congressional action and
administrative action that the Commission considers
appropriate.
(2) Final report.--Not later than September 16, 1998, the
Commission shall submit to the Committee on Armed Services a
final report setting forth the activities, findings, and
recommendations of the Commission, including any
recommendations for congressional action and administrative
action that the Commission considers appropriate.
(i) Powers.--
(1) Hearings, et cetera.--The Commission may hold such
hearings, sit and act at such times and places, take such
testimony, and receive such evidence as the Commission
considers advisable to carry out its duties.
(2) Information from federal agencies.--The Commission may
secure directly from the Department of Defense and any other
department or agency of the Federal Government such information
as the Commission considers necessary to carry out its duties.
Upon the request of the chairman of the Commission, the head of
a department or agency shall furnish the requested information
expeditiously to the Commission.
(3) Postal services.-- The Commission may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
(j) Administrative Support.--The Secretary of Defense shall, upon
the request of the chairman of the Commission, furnish the Commission
any administrative and support services that the Commission may
require.
(k) Commission Personnel Matters.--
(1) Compensation of members.--Each member of the Commission
may be compensated at a rate equal to the daily equivalent of
the annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which such
member is engaged in performing the duties of the Commission.
(2) Travel on military conveyances.--Members and personnel
of the Commission may travel on aircraft, vehicles, or other
conveyances of the Armed Forces when travel is necessary in the
performance of a duty of the Commission except when the cost of
commercial transportation is less expensive.
(3) Travel expenses.--The members of the Commission may be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Commission.
(4) Staff.--The chairman of the Commission may, without
regard to civil service laws and regulations, appoint and
terminate an executive director and up to three additional
staff members as necessary to enable the Commission to perform
its duties. The chairman of the Commission may fix the
compensation of the executive director and other personnel
without regard to the provisions of chapter 51, and subchapter
III of chapter 53, of title 5, United States Code, relating to
classification of positions and General Schedule pay rates,
except that the rate of pay may not exceed the rate payable for
level V of the executive schedule under section 5316 of such
title.
(5) Detail of government employees.--Upon the request of
the chairman of the Commission, the head of any department or
agency of the Federal Government may detail, without
reimbursement, any personnel of the department or agency to the
Commission to assist in carrying out its duties. A detail of an
employee shall be without interruption or loss of civil service
status or privilege.
(6) Temporary and intermittent services.--The chairman of
the Commission may procure temporary and intermittent services
under section 3109(b) of title 5, United States Code, at rates
for individuals that do not exceed the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of such title.
(l) Termination.--The Commission shall terminate 90 days after the
date on which it submits the final report under subsection (h)(2).
(m) Funding.--
(1) From department of defense appropriations.--Upon the
request of the chairman of the Commission, the Secretary of
Defense shall make available to the Commission, out of funds
appropriated for the Department of Defense, such amounts as the
Commission may require to carry out its duties.
(2) Period of availability.--Funds made available to the
Commission shall remain available, without fiscal year
limitation, until the date on which the Commission terminates.
SEC. 553. SEXUAL HARASSMENT INVESTIGATIONS AND REPORTS.
(a) Investigations.--Any commanding officer or officer in charge of
a unit, vessel, facility, or area who receives from a member of the
command or a civilian employee under the supervision of the officer a
complaint alleging sexual harassment by a member of the Armed Forces or
a civilian employee of the Department of Defense shall, to the extent
practicable--
(1) within 72 hours after receipt of the complaint--
(A) forward the complaint or a detailed description
of the allegation to the next superior officer in the
chain of command who is authorized to convene a general
court-martial;
(B) commence, or cause the commencement of, an
investigation of the complaint; and
(C) advise the complainant of the commencement of
the investigation;
(2) ensure that the investigation of the complaint is
completed not later than 14 days after the investigation is
commenced; and
(3) either--
(A) submit a final report on the results of the
investigation, including any action taken as a result
of the investigation, to the next superior officer
referred to in paragraph (1) within 20 days after the
investigation is commenced; or
(B) submit a report on the progress made in
completing the investigation to the next superior
officer referred to in paragraph (1) within 20 days
after the investigation is commenced and every 14 days
thereafter until the investigation is completed and,
upon completion of the investigation, then submit a
final report on the results of the investigation,
including any action taken as a result of the
investigation, to that next superior officer.
(b) Reports.--(1) Not later than January 1 of each of 1998 and
1999, each officer receiving any complaint forwarded in accordance with
subsection (a) during the preceding year shall submit to the Secretary
of the military department concerned a report on all such complaints
and the investigations of such complaints (including the results of the
investigations, in cases of investigations completed during such
preceding year).
(2)(A) Not later than March 1 of each of 1998 and 1999, each
Secretary receiving a report under paragraph (1) for a year shall
submit to the Secretary of Defense a report on all such reports so
received.
(B) Not later than the April 1 following receipt of a report for a
year under subparagraph (A), the Secretary of Defense shall transmit to
Congress all such reports received for the year under subparagraph (A)
together with the Secretary's assessment of each such report.
(c) Sexual Harassment Defined.--In this section, the term ``sexual
harassment'' means--
(1) a form of sex discrimination that--
(A) involves unwelcome sexual advances, requests
for sexual favors, and other verbal or physical conduct
of a sexual nature when--
(i) submission to such conduct is made
either explicitly or implicitly a term or
condition of a person's job, pay, or career;
(ii) submission to or rejection of such
conduct by a person is used as a basis for
career or employment decisions affecting that
person; or
(iii) such conduct has the purpose or
effect of unreasonably interfering with an
individual's work performance or creates an
intimidating, hostile, or offensive working
environment; and
(B) is so severe or pervasive that a reasonable
person would perceive, and the victim does perceive,
the work environment as hostile or offensive;
(2) any use or condonation, by any person in a supervisory
or command position, of any form of sexual behavior to control,
influence, or affect the career, pay, or job of a member of the
Armed Forces or a civilian employee of the Department of
Defense; and
(3) any deliberate or repeated unwelcome verbal comment,
gesture, or physical contact of a sexual nature in the
workplace by any member of the Armed Forces or civilian
employee of the Department of Defense.
SEC. 554. REQUIREMENT FOR EXEMPLARY CONDUCT BY COMMANDING OFFICERS AND
OTHER AUTHORITIES.
(a) Army.--(1) Chapter 345 of title 10, United States Code, is
amended by adding at the end:
``Sec. 3583. Requirement of exemplary conduct
``All commanding officers and others in authority in the Army are
required to show in themselves a good example of virtue, honor,
patriotism, and subordination; to be vigilant in inspecting the conduct
of all persons who are placed under their command; to guard against and
suppress all dissolute and immoral practices, and to correct, according
to the laws and regulations of the Army, all persons who are guilty of
them; and to take all necessary and proper measures, under the laws,
regulations, and customs of the Army, to promote and safeguard the
morale, the physical well-being, and the general welfare of the
officers and enlisted persons under their command or charge.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following:
``3583. Requirement of exemplary conduct.''.
(b) Air Force.--(1) Chapter 845 of title 10, United States Code, is
amended by adding at the end the following:
``Sec. 8583. Requirement of exemplary conduct
``All commanding officers and others in authority in the Air Force
are required to show in themselves a good example of virtue, honor,
patriotism, and subordination; to be vigilant in inspecting the conduct
of all persons who are placed under their command; to guard against and
suppress all dissolute and immoral practices, and to correct, according
to the laws and regulations of the Air Force, all persons who are
guilty of them; and to take all necessary and proper measures, under
the laws, regulations, and customs of the Air Force, to promote and
safeguard the morale, the physical well-being, and the general welfare
of the officers and enlisted persons under their command or charge.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following:
``8583. Requirement of exemplary conduct.''.
SEC. 555. PARTICIPATION OF DEPARTMENT OF DEFENSE PERSONNEL IN
MANAGEMENT OF NON-FEDERAL ENTITIES.
(a) Authority.--Chapter 53 of title 10, United States Code, is
amended by inserting after section 1060a the following new section:
``Sec. 1060b. Participation in management of non-Federal entities:
members of the armed forces; civilian employees
``(a) Authority To Permit Participation.--The Secretary concerned
may authorize a member of the armed forces, a civilian officer or
employee of the Department of Defense, or a civilian officer or
civilian employee of the Coast Guard--
``(1) to serve as a director, officer, or trustee of a
military welfare society or other entity described in
subsection (c); or
``(2) to participate in any other capacity in the
management of such a society or entity.
``(b) Compensation Prohibited.--Compensation may not be accepted
for service or participation authorized under subsection (a).
``(c) Covered Entities.--This section applies with respect to the
following entities:
``(1) Military welfare societies.--The following military
welfare societies:
``(A) The Army Emergency Relief.
``(B) The Air Force Aid Society.
``(C) The Navy-Marine Corps Relief Society.
``(D) The Coast Guard Mutual Assistance.
``(2) Other entities.--Each of the following additional
entities that is not operated for profit:
``(A) Any athletic conference, or other entity,
that regulates and supports the athletics programs of
the United States Military Academy, the United States
Naval Academy, the United States Air Force Academy, or
the United States Coast Guard Academy.
``(B) Any entity that regulates international
athletic competitions.
``(C) Any regional educational accrediting agency,
or other entity, that accredits the academies referred
to in subparagraph (A) or accredits any other school of
the armed forces.
``(D) Any health care association, professional
society, or other entity that regulates and supports
standards and policies applicable to the provision of
health care by or for the Department of Defense.
``(d) Secretary of Defense as Secretary Concerned.--In this
section, the term `Secretary concerned' includes the Secretary of
Defense with respect to civilian officers and employees of the
Department of Defense who are not officers or employees of a military
department.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1060a the following new item:
``1060b. Participation in management of non-Federal entities: members
of the armed forces; civilian employees.''.
SEC. 556. TECHNICAL CORRECTION TO CROSS REFERENCE IN ROPMA PROVISION
RELATING TO POSITION VACANCY PROMOTION.
Section 14317(d) of title 10, United States Code, is amended by
striking out ``section 14314'' in the first sentence and inserting in
lieu thereof ``section 14315''.
SEC. 557. GRADE OF DEFENSE ATTACHE IN FRANCE.
The Secretary of Defense and the Chairman of the Joint Chiefs of
Staff shall take actions appropriate to ensure that each officer
selected for assignment to the position of defense attache in France is
an officer who holds, or is promotable to, the grade of brigadier
general or, in the case of the Navy, rear admiral (lower half).
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay
SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1998.
(a) Waiver of Section 1009 Adjustment.--Any adjustment required by
section 1009 of title 37, United States Code, in elements of
compensation of members of the uniformed services to become effective
during fiscal year 1998 shall not be made.
(b) Increase in Basic Pay.--Effective on January 1, 1998, the rates
of basic pay of members of the uniformed services are increased by 2.8
percent.
Subtitle B--Subsistence, Housing, and Other Allowances
PART I--REFORM OF BASIC ALLOWANCE FOR SUBSISTENCE
SEC. 611. REVISED ENTITLEMENT AND RATES.
(a) Universal Entitlement to BAS Except During Basic Training.--
(1) In general.--Section 402 of title 37, United States
Code, is amended by striking out subsections (b) and (c).
(2) Exception.--Subsection (a) of such section is amended
by adding at the end the following: ``However, an enlisted
member is not entitled to the basic allowance for subsistence
during basic training.''.
(b) Rates Based on Food Costs.--Such section, as amended by
subsection (a), is further amended by inserting after subsection (a)
the following new subsection (b):
``(b) Rates of BAS.--(1) The monthly rate of basic allowance for
subsistence in effect for an enlisted member for a year (beginning on
January 1 of the year) shall be the amount that is halfway between the
following amounts that are determined by the Secretary of Agriculture
as of October 1 of the preceding year:
``(A) The amount equal to the monthly cost of a moderate-
cost food plan for a male in the United States who is between
20 and 50 years of age.
``(B) The amount equal to the monthly cost of a liberal
food plan for a male in the United States who is between 20 and
50 years of age.
``(2) The monthly rate of basic allowance for subsistence in effect
for an officer for a year (beginning on January 1 of the year) shall be
the amount equal to the monthly rate of basic allowance for subsistence
in effect for officers for the preceding year, increased by the same
percentage by which the rate of basic allowance for subsistence for
enlisted members for the preceding year is increased effective on such
January 1.''.
(c) Continuation of Advance Payment Authority.--Such section is
further amended by inserting after subsection (b), as added by
subsection (b) of this section, the following new subsection (c):
``(c) Advance Payment.--The allowance to an enlisted member may be
paid in advance for a period of not more than three months.''.
(d) Flexibility To Manage Demand for Dining and Messing Services.--
Such section is further amended by striking out subsection (e) and
inserting in lieu thereof the following new subsection (e):
``(e) Policies on Use of Dining and Messing Facilities.--The
Secretary of Defense, in consultation with the Secretaries concerned,
shall prescribe policies regarding use of dining and field messing
facilities of the uniformed services.''.
(e) Regulations.--Such section is further amended by adding after
subsection (e), as added by subsection (d) of this section, the
following:
``(f) Regulations.--(1) The Secretary of Defense shall prescribe
regulations for the administration of this section. Before prescribing
the regulations, the Secretary shall consult with each Secretary
concerned.
``(2) The regulations shall include the rates of basic allowance
for subsistence.''.
(f) Stylistic and Conforming Amendments.--
(1) Subsection headings.--Such section is amended--
(A) in subsection (a), by inserting
``Entitlement.--'' after ``(a)''; and
(B) in subsection (d), by inserting ``Coast
Guard.--'' after ``(d)''.
(2) Travel status exception to entitlement.--Section 404 of
title 37, United States Code, is amended--
(A) by striking out subsection (g); and
(B) by redesignating subsections (h), (i), (j), and
(k) as subsections (g), (h), (i), and (j),
respectively.
SEC. 612. TRANSITIONAL BASIC ALLOWANCE FOR SUBSISTENCE.
(a) BAS Transition Period.--For the purposes of this section, the
BAS transition period is the period beginning on the effective date of
this part and ending on the date that this section ceases to be
effective under section 613(b).
(b) Transitional Authority.--Notwithstanding section 402 of title
37, United States Code (as amended by section 611), during the BAS
transition period--
(1) the basic allowance for subsistence shall not be paid
under that section for that period;
(2) a member of the uniformed services is entitled to the
basic allowance for subsistence only as provided in subsection
(c);
(3) an enlisted member of the uniformed services may be
paid a partial basic allowance for subsistence as provided in
subsection (d); and
(4) the rates of the basic allowance for subsistence are
those determined under subsection (e).
(c) Transitional Entitlement to BAS.--
(1) Enlisted members.--
(A) Types of entitlement.--An enlisted member is
entitled to the basic allowance for subsistence, on a
daily basis, of one of the following types--
(i) when rations in kind are not available;
(ii) when permission to mess separately is
granted; and
(iii) when assigned to duty under emergency
conditions where no messing facilities of the
United States are available.
(B) Other entitlement circumstances.--An enlisted
member is entitled to the allowance while on an
authorized leave of absence, while confined in a
hospital, or while performing travel under orders away
from the member's designated post of duty other than
field duty or sea duty (as defined in regulations
prescribed by the Secretary of Defense). For purposes
of the preceding sentence, a member shall not be
considered to be performing travel under orders away
from his designated post of duty if such member--
(i) is an enlisted member serving his first
tour of active duty;
(ii) has not actually reported to a
permanent duty station pursuant to orders
directing such assignment; and
(iii) is not actually traveling between
stations pursuant to orders directing a change
of station.
(C) Advance payment.--The allowance to an enlisted
member, when authorized, may be paid in advance for a
period of not more than three months.
(2) Officers.--An officer of a uniformed service who is
entitled to basic pay is, at all times, entitled to the basic
allowances for subsistence. An aviation cadet of the Navy, Air
Force, Marine Corps, or Coast Guard is entitled to the same
basic allowance for subsistence as is provided for an officer
of the Navy, Air Force, Marine Corps, or Coast Guard,
respectively.
(d) Transitional Authority for Partial BAS.--
(1) Enlisted members furnished subsistence in kind.--The
Secretary of Defense may provide in regulations for an enlisted
member of a uniformed service to be paid a partial basic
allowance for subsistence when--
(A) rations in kind are available to the member;
(B) the member is not granted permission to mess
separately; or
(C) the member is assigned to duty under emergency
conditions where messing facilities of the United
States are available.
(2) Monthly payment.--Any partial basic allowance for
subsistence authorized under paragraph (1) shall be paid on a
monthly basis.
(e) Transitional Rates.--
(1) Full bas for officers.--The rate of basic allowance for
subsistence that is payable to officers of the uniformed
services for a year shall be the amount that is equal to 101
percent of the rate of basic allowance for subsistence that was
payable to officers of the uniformed services for the preceding
year.
(2) Full bas for enlisted members.--The rate of basic
allowance for subsistence that is payable to an enlisted member
of the uniformed services for a year shall be the higher of--
(A) the amount that is equal to 101 percent of the
rate of basic allowance for subsistence that was in
effect for similarly situated enlisted members of the
uniformed services for the preceding year; or
(B) the daily equivalent of what, except for
subsection (b), would otherwise be the monthly rate of
basic allowance for subsistence for enlisted members
under section 402(b)(1) of title 37, United States Code
(as added by section 611(b)).
(3) Partial bas for enlisted members.--The rate of any
partial basic allowance for subsistence paid under subsection
(d) for a member for a year shall be equal to the lower of--
(A) the amount equal to the excess, if any, of--
(i) the amount equal to the monthly
equivalent of the rate of basic allowance for
subsistence that was in effect for the
preceding year for enlisted members of the
uniformed services above grade E-1 (when
permission to mess separately is granted),
increased by the same percent by which the
rates of basic pay for members of the uniformed
services were increased for the year over those
in effect for such preceding year, over
(ii) the amount equal to 101 percent of the
monthly equivalent of the rate of basic
allowance for subsistence that was in effect
for the previous year for enlisted members of
the uniformed services above grade E-1 (when
permission to mess separately is granted); or
(B) the amount equal to the excess of--
(i) the amount that, except for subsection
(b), would otherwise be the monthly rate of
basic allowance for subsistence for enlisted
members under section 402(b)(1) of title 37,
United States Code, over
(ii) the amount equal to the monthly
equivalent of the value of a daily ration, as
determined by the Under Secretary of Defense
(Comptroller) as of October 1 of the preceding
year.
SEC. 613. EFFECTIVE DATE AND TERMINATION OF TRANSITIONAL AUTHORITY.
(a) Effective Date.--This part and the amendments made by section
611 shall take effect on January 1, 1998.
(b) Termination of Transitional Provisions.--Section 612 shall
cease to be effective on the first day of the month immediately
following the first month for which the monthly equivalent of the rate
of basic allowance for subsistence payable to enlisted members of the
uniformed services (when permission to mess separately is granted), as
determined under subsection (e)(2) of such section, equals or exceeds
the amount that, except for subsection (b) of such section, would
otherwise be the monthly rate of basic allowance for subsistence for
enlisted members under section 402(b)(1) of title 37, United States
Code.
PART II--REFORM OF HOUSING AND RELATED ALLOWANCES
SEC. 616. ENTITLEMENT TO BASIC ALLOWANCE FOR HOUSING.
(a) Redesignation of BAQ.--Section 403 of title 37, United States
Code, is amended by striking out ``basic allowance for quarters'' each
place it appears, except in subsections (f) and (m), and inserting in
lieu thereof ``basic allowance for housing''.
(b) Rates.--Subsection (a) of such section is amended by striking
out ``section 1009'' and inserting in lieu thereof ``section 403a''.
(c) Temporary Housing Allowance While in Travel or Leave Status.--
Subsection (f) of such section is amended to read as follows:
``(f) Temporary Housing Allowance While in Travel or Leave
Status.--A member of a uniformed service who is in pay grade above E-4
(four or more years of service) or above is entitled to a temporary
housing allowance (at a rate determined under section 403a of this
title) while the member is in a travel or leave status between
permanent duty stations, including time granted as delay en route or
proceed time, when the member is not assigned to quarters of the United
States.''.
(d) Determinations Necessary for Administering Authority for all
Members.--Subsection (h) of such section is amended by striking out
``enlisted'' each place it appears.
(e) Entitlement of Members Not Entitled to Pay.--Subsection (i) of
such section is amended by striking out ``enlisted''.
(f) Temporary Housing and Allowance for Survivors of Active Duty
Members.--
(1) Continuation of occupancy.--Paragraph (1) of subsection
(l) of such section is amended by striking out ``in line of
duty'' and inserting in lieu thereof ``on active duty''.
(2) Allowance.--Paragraph (2) of such subsection is amended
to read as follows:
``(2)(A) The Secretary concerned may pay a basic allowance for
housing (at the rate determined under section 403a of this title) to
the dependents of a member of the uniformed services who dies while on
active duty and whose dependents--
``(i) are not occupying a housing facility under the
jurisdiction of a uniformed service on the date of the member's
death;
``(ii) are occupying such housing on a rental basis on such
date; or
``(iii) vacate such housing sooner than 180 days after the
date of the member's death.
``(B) The payment of the allowance under this subsection shall
terminate 180 days after the date of the member's death.''.
(g) Entitlement of Member Paying Child Support.--Subsection (m) of
such section is amended to read as follows:
``(m) Members Paying Child Support.--(1) A member of a uniformed
service with dependents may not be paid a basic allowance for housing
at the with dependents rate solely by reason of the payment of child
support by the member if--
``(A) the member is assigned to a housing facility under
the jurisdiction of a uniformed service; or
``(B) the member is in a pay grade above E-4, is assigned
to sea duty, and elects not to occupy assigned quarters for
unaccompanied personnel.
``(2) A member of a uniformed service assigned to quarters of the
United States or a housing facility under the jurisdiction of a
uniformed service who is not otherwise authorized a basic allowance for
housing and who pays child support is entitled to the basic allowance
for housing differential (at the rate applicable under section 403a of
this title) to the members' pay grade except for months for which the
amount payable for the child support is less than the rate of the
differential. Payment of a basic allowance for housing differential
does not affect any entitlement of the member to a partial allowance
for quarters under subsection (o).''.
(h) Replacement of VHA by Basic Allowance for Housing.--
(1) Members not accompanied by dependents outside conus.--
Such section is further amended by adding at the end the
following:
``(n) Members Not Accompanied by Dependents Outside CONUS.--(1) A
member of a uniformed service with dependents who is assigned to an
unaccompanied tour of duty outside the continental United States is
eligible for a basic allowance for housing as provided in paragraph
(2).
``(2)(A) For any period during which the dependents of a member
referred to in paragraph (1) reside in the United States where, if the
member were residing with them, the member would be entitled to receive
a basic allowance for housing, the member is entitled to a basic
allowance for housing at the rate applicable under section 403a of this
title to the member's pay grade and the location of the residence of
the member's dependents.
``(B) A member referred to in paragraph (1) may be paid a basic
allowance for housing at the rate applicable under section 403a of this
title to the members's pay grade and location.
``(3) Payment of a basic allowance for housing to a member under
paragraph (2)(B) shall be in addition to any allowance or per diem to
which the member otherwise may be entitled under this title.''.
(2) Members not accompanied by dependents inside conus.--
Paragraph (2) of section 403a(a) of title 37, United States
Code, is transferred to the end of section 403 of such title
and, as transferred, is amended--
(A) by striking out ``(2)'' and inserting in lieu
thereof ``(o) Members Not Accompanied by Dependents
Inside CONUS.--'';
(B) by striking out ``variable housing allowance''
each place it appears and inserting in lieu thereof
``basic allowance for housing'';
(C) by striking out ``(under regulations prescribed
under subsection (e))'' in the matter following
subparagraph (B) and inserting in lieu thereof ``(under
regulations prescribed by the Secretary of Defense)'';
and
(D) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively.
(3) Repeal of vha allowance.--Section 403a of title 37,
United States Code, is repealed.
(i) Members Without Dependents.--Section 403 of such title, as
amended by subsection (f), is further amended by adding at the end the
following:
``(p) Partial Allowance for Members Without Dependents.--A member
of a uniformed service without dependents who is not entitled to
receive a basic allowance for housing under subsection (b) or (c) is
entitled to a partial allowance for quarters determined under section
403a of this title.''.
(j) Stylistic Amendments.--Section 403 of title 37, United States
Code, as amended by this section, is further amended--
(1) in subsection (a), by striking out ``(a)(1)'' and
inserting in lieu thereof ``(a) General Entitlement.--(1)'';
(2) in subsection (b), by striking out ``(b)(1)'' and
inserting in lieu thereof ``(b) Members Assigned to Quarters.--
(1)'';
(3) in subsection (c), by striking out ``(c)(1)'' and
inserting in lieu thereof ``(c) Ineligibility During Initial
Field Duty or Sea Duty.--(1)'';
(4) in subsection (d), by striking out ``(d)(1)'' and
inserting in lieu thereof ``(d) Prohibited Grounds for
Denial.--(1)'';
(5) in subsection (e), by inserting ``Rental of Public
Quarters.--'' after ``(e)'';
(6) in subsection (g), by inserting ``Aviation Cadets.--''
after ``(g)'';
(7) in subsection (h), by inserting ``Necessary
Determinations.--'' after ``(h)'';
(8) in subsection (i), by inserting ``Entitlement of Member
Not Entitled to Pay.--'' after ``(i)'';
(9) in subsection (j), by striking out ``(j)(1)'' and
inserting in lieu thereof ``(j) Administrative Authority.--
(1)'';
(10) in subsection (k), by inserting ``Parking Facilities
Not Considered Quarters.--'' after ``(k)''; and
(11) in subsection (l), by striking out ``(l)(1)'' and
inserting in lieu thereof ``(l) Dependents of Members Dying on
Active Duty.--(1)''.
(k) Section Heading.--The heading of section 403 of title 37,
United States Code, is amended to read as follows:
``Sec. 403. Basic allowance for housing: eligibility''.
SEC. 617. RATES OF BASIC ALLOWANCE FOR HOUSING.
Chapter 7 of title 37, United States Code, is amended by inserting
after section 403 the following new section 403a:
``Sec. 403a. Basic allowance for housing: rates
``(a) Rates Prescribed by Secretary of Defense.--The Secretary of
Defense shall prescribe monthly rates of basic allowance for housing
payable under section 403 of this title. The Secretary shall specify
the rates, by pay grade and dependency status, for each geographic area
defined in accordance with subsection (b).
``(b) Geographic Basis for Rates.--(1) The Secretary shall define
the areas within the United States and the areas outside the United
States for which rates of basic allowance for housing are separately
specified.
``(2) For each area within the United States that is defined under
paragraph (1), the Secretary shall determine the costs of housing in
that area that the Secretary considers adequate for civilians residents
of that area whose relevant circumstances the Secretary considers as
being comparable to those of members of the uniformed services.
``(3) For each area outside the United States defined under
paragraph (1), the Secretary shall determine the costs of housing in
that area that the Secretary considers adequate for members of the
uniformed services.
``(c) Rates Within the United States.--(1) Subject to paragraph
(2), the monthly rate of basic allowance for housing for members of the
uniformed services of a particular grade and dependency status for an
area within the United States shall be the amount equal to the excess
of--
``(A) the monthly cost of housing determined applicable for
members of that grade and dependency status for that area under
subsection (b), over
``(B) the amount equal to 15 percent of the average of the
monthly costs of housing determined applicable for members of
the uniformed services of that grade and dependency status for
all areas of the United States under subsection (b).
``(2) The rates of basic allowance for housing determined under
paragraph (1) shall be reduced as necessary to comply with subsection
(g).
``(d) Rates Outside the United States.--The monthly rate of basic
allowance for housing for members of the uniformed services of a
particular grade and dependency status for an area outside the United
States shall be an amount appropriate for members of the uniformed
services of that grade and dependency status for that area, as
determined by the Secretary on the basis of the costs of housing in
that area.
``(e) Adjustments When Rates of Basic Pay Increased.--The Secretary
of Defense shall periodically redetermine the housing costs for areas
under subsection (b) and adjust the rates of basic allowance for
housing as appropriate on the basis of the redetermination of costs.
The effective date of any adjustment in rates of basic allowance for
housing for an area as a result of such a redetermination shall be the
same date as the effective date of the next increase in rates of basic
pay for members of the uniformed services after the redetermination.
``(f) Savings of Rate.--The rate of basic allowance for housing
payable to a particular member for an area within the United States may
not be reduced during a continuous period of eligibility of the member
to receive a basic allowance for housing for that area by reason of--
``(1) a general reduction of rates of basic allowance for
housing for members of the same grade and dependency status for
the area taking effect during the period; or
``(2) a promotion of the member during the period.
``(g) Fiscal Year Limitation on Total Allowances Paid for Housing
Inside the United States.--(1) The total amount that may be paid for a
fiscal year for the basic allowance for housing for areas within the
United States by authorized members of the uniformed services by
section 403 of this title is the product of--
``(A) the total amount authorized to be paid for the
allowance for such areas for the preceding fiscal year (as
adjusted under paragraph (2)); and
``(B) the fraction--
``(i) the numerator of which is the average of the
costs of housing determined by the Secretary under
subsection (b)(2) for the areas of the United States
for June of the preceding fiscal year; and
``(ii) the denominator of which is the average of
the costs of housing determined by the Secretary under
subsection (b)(2) for the areas of the United States
for June of the fiscal year before the preceding fiscal
year.
``(2) In making a determination under paragraph (1) for a fiscal
year, the Secretary shall adjust the amount authorized to be paid for
the preceding fiscal year for the basic allowance for housing to
reflect changes (during the fiscal year for which the determination is
made) in the number, grade distribution, and dependency status of
members of the uniformed services entitled to the basic allowance for
housing from the number of such members during such preceding fiscal
year.
``(h) Members En Route Between Permanent Duty Stations.--The
Secretary of Defense shall prescribe in regulations the rate of the
temporary housing allowance to which a member is entitled under section
403(f) of this title while the member is in a travel or leave status
between permanent duty stations.
``(i) Survivors of Members Dying on Active Duty.-- The rate of the
basic allowance for housing payable to dependents of a deceased member
under section 403(l)(2) of this title shall be the rate that is payable
for members of the same grade and dependency status as the deceased
member for the area where the dependents are residing.
``(j) Members Paying Child Support.--(1) The basic allowance for
housing differential to which a member is entitled under section
403(m)(2) of this title is the amount equal to the excess of--
``(A) the rate of the basic allowance for quarters (with
dependents) for the member's pay grade, as such rate was in
effect on December 31, 1997, under section 403 of this title
(as such section was in effect on such date), over
``(B) the rate of the basic allowance for quarters (without
dependents) for the member's pay grade, as such rate was in
effect on December 31, 1997, under section 403 of this title
(as such section was in effect on that date).
``(2) Whenever the rates of basic pay for members of the uniformed
services are increased, the monthly amount of the basic allowance for
housing differential shall be increased by the average percent increase
in the rates of basic pay. The effective date of the increase shall be
the same date as the effective date in the increase in the rates of
basic pay.
``(k) Partial Allowance for Quarters.--The rate of the partial
allowance for quarters to which a member without dependents is entitled
under section 403(p) of this title is the partial rate of basic
allowance for quarters for the member's pay grade as such partial rate
was in effect on December 31, 1997, under section 1009(c)(2) of this
title (as such section was in effect on such date).''.
SEC. 618. DISLOCATION ALLOWANCE.
(a) Amount.--Section 407 of title 37, United States Code, is
amended--
(1) in subsection (a), by striking out ``equal to the basic
allowance for quarters for two and one-half months as provided
for the member's pay grade and dependency status in section 403
of this title'' in the matter preceding paragraph (1) and
inserting in lieu thereof ``determined under subsection (g)'';
(2) in subsection (b), by striking out ``equal to the basic
allowance for quarters for two months as provided for a
member's pay grade and dependency status in section 403 of this
title'' and inserting in lieu thereof ``determined under
subsection (g)''; and
(3) by adding at the end the following:
``(g) Amount.--(1) The dislocation allowance payable to a member
under subsection (a) shall be the amount equal to 160 percent of the
monthly national average cost of housing determined for members of the
same grade and dependency status as the member.
``(2) The dislocation allowance payable to a member under
subsection (b) shall be the amount equal to 130 percent of the monthly
national average cost of housing determined for members of the same
grade and dependency status as the member.
``(3) In this section, the term `monthly national average cost of
housing', with respect to members of a particular grade and dependency
status, means the average of the monthly costs of housing that the
Secretary determines adequate for members of that grade and dependency
status for all areas in the United States under section 403a(b)(2) of
this title.''.
(b) Stylistic Amendments.--Such section is amended--
(1) in subsection (a), by inserting ``First Allowance.--''
after ``(a)'';
(2) in subsection (b), by inserting ``Second Allowance.--''
after ``(b)'';
(3) in subsection (c), by inserting ``One Allowance Per
Fiscal Year.--'' after ``(c)'';
(4) in subsection (d), by inserting ``No Entitlement for
First and Last Moves.--'' after ``(d)'';
(5) in subsection (e), by inserting ``When Member With
Dependents Considered Member Without Dependents.--'' after
``(e)''; and
(6) in subsection (f), by inserting ``Payment in Advance.--
'' after ``(f)''.
SEC. 619. FAMILY SEPARATION AND STATION ALLOWANCES.
(a) Family Separation Allowance.--
(1) Repeal of authority for allowance equal to baq.--
Section 427 of title 37, United States Code, is amended by
striking out subsection (a).
(2) Conforming amendments.--Subsection (b) of such section
is amended--
(A) by striking out ``(b) Additional Separation
Allowance.--'';
(B) by redesignating paragraphs (1), (2), (3), (4),
and (5), as subsections (a), (b), (c), (d), and (e),
respectively;
(C) in subsection (a), as so redesignated--
(i) by inserting ``Entitlement.--'' after
``(a)'';
(ii) by striking out ``, including
subsection (a),''; and
(iii) by redesignating subparagraphs (A),
(B), (C), and (D) as paragraphs (1), (2), (3),
and (4), respectively;
(D) in subsection (b), as redesignated by paragraph
(2)--
(i) by inserting ``Effective Date for
Separation Due to Cruise or Temporary Duty.--''
after ``(b)'';
(ii) by striking out ``subsection by virtue
of duty described in subparagraph (B) or (C) of
paragraph (1)'' and inserting in lieu thereof
``section by virtue of duty described in
paragraph (2) or (3) of subsection (a)'';
(iii) by redesignating subparagraphs (A)
and (B) as paragraphs (1) and (2),
respectively; and
(iv) in paragraph (2), as so redesignated--
(I) by striking out ``subsection''
and inserting in lieu thereof
``section''; and
(II) by striking out
``subparagraphs'' and inserting in lieu
thereof ``paragraphs'';
(E) in subsection (c), as redesignated by paragraph
(2)--
(i) by inserting ``Entitlement When No
Residence or Household Maintained for
Dependents.--'' after ``(c)''; and
(ii) by striking out ``subsection'' and
inserting in lieu thereof ``section'';
(F) in subsection (d), as redesignated by paragraph
(2)--
(i) by inserting ``Effect of Election of
Unaccompanied Tour.--'' after ``(d)''; and
(ii) by striking out ``paragraph (1)(A) of
this subsection'' and inserting in lieu thereof
``subsection (a)(1)''; and
(G) in subsection (e), as redesignated by paragraph
(2)--
(i) by inserting ``Entitlement While
Dependent Entitled to Basic Pay.--'' after
``(e)''; and
(ii) by striking out ``paragraph (1)(D)''
each place it appears and inserting in lieu
thereof ``subsection (a)(4)''.
(b) Station Allowance.--
(1) Repeal of authority.--Section 405 of title 37, United
States Code, is amended by striking out subsection (b).
(2) Conforming amendment.--Such section is further amended
by redesignating subsections (c) and (d) as subsections (b) and
(c), respectively.
SEC. 620. OTHER CONFORMING AMENDMENTS.
(a) Definition of Regular Military Compensation.--Section 101(25)
of title 37, United States Code, is amended by striking out ``basic
allowance for quarters (including any variable housing allowance or
station allowance)'' and inserting in lieu thereof ``basic allowance
for housing.''.
(b) Allowances While Participating in International Sports.--
Section 420(c) of such title is amended by striking out ``quarters''
and inserting in lieu thereof ``housing''.
(c) Payments to Missing Persons.--Section 551(3)(D) of such title
is amended by striking out ``quarters'' and inserting in lieu thereof
``housing''.
(d) Payment Date.--Section 1014(a) of such title is amended by
striking out ``basic allowance for quarters'' and inserting in lieu
thereof ``basic allowance for housing''.
(e) Occupancy of Substandard Family Housing.--Section 2830(a) of
title 10, United States Code, is amended by striking out ``basic
allowance for quarters'' each place it appears and inserting in lieu
thereof ``basic allowance for housing''.
SEC. 621. CLERICAL AMENDMENT.
The table of sections at the beginning of chapter 7 of title 37,
United States Code, is amended by striking out the items relating to
section 403 and 403a and inserting in lieu thereof the following:
``403. Basic allowance for housing: eligibility.
``403a. Basic allowance for housing: rates.''.
SEC. 622. EFFECTIVE DATE.
This part and the amendments made by this part shall take effect on
January 1, 1998.
PART III--OTHER AMENDMENTS RELATING TO ALLOWANCES
SEC. 626. REVISION OF AUTHORITY TO ADJUST COMPENSATION NECESSITATED BY
REFORM OF SUBSISTENCE AND HOUSING ALLOWANCES.
(a) Conforming Repeal of Authority Relating to BAS and BAQ.--
(1) In general.--Section 1009 of title 37, United States
Code, is amended to read as follows:
``Sec. 1009. Adjustments of monthly basic pay
``(a) Adjustment Required.--Whenever the General Schedule of
compensation for Federal classified employees as contained in section
5332 of title 5 is adjusted upward, the President shall immediately
make an upward adjustment in the monthly basic pay authorized members
of the uniformed services by section 203(a) of this title.
``(b) Effectiveness of Adjustment.--An adjustment under this
section shall--
``(1) have the force and effect of law; and
``(2) carry the same effective date as that applying to the
compensation adjustments provided General Schedule employees.
``(c) Equal Percentage Increase for All Members.--Subject to
subsection (d), an adjustment under this section shall provide all
eligible members with an increase in the monthly basic pay which is of
the same percentage as the overall average percentage increase in the
General Schedule rates of basic pay for civilian employees.
``(d) Allocation of Increase Among Pay Grades and Years-of-
Service.--(1) Subject to paragraph (2), whenever the President
determines such action to be in the best interest of the Government, he
may allocate the overall percentage increase in the monthly basic pay
under subsection (a) among such pay grade and years-of-service
categories as he considers appropriate.
``(2) In making any allocation of an overall percentage increase in
basic pay under paragraph (1)--
``(A) the amount of the increase in basic pay for any given
pay grade and years-of-service category after any allocation
made under this subsection may not be less than 75 percent of
the amount of the increase in the monthly basic pay that would
otherwise have been effective with respect to such pay grade
and years-of-service category under subsection (c); and
``(B) the percentage increase in the monthly basic pay in
the case of any member of the uniformed services with four
years or less service may not exceed the overall percentage
increase in the General Schedule rates of basic pay for
civilian employees.
``(e) Notice of Allocations.--Whenever the President plans to
exercise his authority under subsection (d) with respect to any
anticipated increase in the monthly basic pay of members of the
uniformed services, he shall advise Congress, at the earliest
practicable time prior to the effective date of such increase,
regarding the proposed allocation of such increase.
``(f) Quadrennial Assessment of Allocations.--The allocations of
increases made under this section shall be assessed in conjunction with
the quadrennial review of military compensation required by section
1008(b) of this title.''.
(2) Clerical amendment.--The item relating to such section
in the table of sections at the beginning of chapter 19 of such
title is amended to read as follows:
``1009. Adjustments of monthly basic pay.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on January 1, 1998.
SEC. 627. DEADLINE FOR PAYMENT OF READY RESERVE MUSTER DUTY ALLOWANCE.
Section 433(c) of title 37, United States Code, is amended by
striking out ``and shall'' in the first sentence and all that follows
in that sentence and inserting in lieu thereof a period and the
following: ``The allowance shall be paid to the member before, on, or
after the date on which the muster duty is performed, but not later
than 30 days after that date.''.
Subtitle C--Bonuses and Special and Incentive Pays
SEC. 631. ONE-YEAR EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY
AUTHORITIES FOR RESERVE FORCES.
(a) Special Pay for Critically Short Wartime Health Specialists.--
Section 302g(f) of title 37, United States Code, is amended by striking
out ``September 30, 1998'' and inserting in lieu thereof ``September
30, 1999''.
(b) Selected Reserve Reenlistment Bonus.--Section 308b(f) of title
37, United States Code, is amended by striking out ``September 30,
1998'' and inserting in lieu thereof ``September 30, 1999''.
(c) Selected Reserve Enlistment Bonus.--Section 308c(e) of title
37, United States Code, is amended by striking out ``September 30,
1998'' and inserting in lieu thereof ``September 30, 1999''.
(d) Special Pay for Enlisted Members Assigned to Certain High
Priority Units.--Section 308d(c) of title 37, United States Code, is
amended by striking out ``September 30, 1998'' and inserting in lieu
thereof ``September 30, 1999''.
(e) Selected Reserve Affiliation Bonus.--Section 308e(e) of title
37, United States Code, is amended by striking out ``September 30,
1998'' and inserting in lieu thereof ``September 30, 1999''.
(f) Ready Reserve Enlistment and Reenlistment Bonus.--Section
308h(g) of title 37, United States Code, is amended by striking out
``September 30, 1998'' and inserting in lieu thereof ``September 30,
1999''.
(g) Prior Service Enlistment Bonus.--Section 308i(i) of title 37,
United States Code, is amended by striking out ``September 30, 1998''
and inserting in lieu thereof ``September 30, 1999''.
(h) Repayment of Education Loans for Certain Health Professionals
Who Serve in the Selected Reserve.--Section 16302(d) of title 10,
United States Code, is amended by striking out ``October 1, 1998'' and
inserting in lieu thereof ``October 1, 1999''.
SEC. 632. ONE-YEAR EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY
AUTHORITIES FOR NURSE OFFICER CANDIDATES, REGISTERED
NURSES, AND NURSE ANESTHETISTS.
(a) Nurse Officer Candidate Accession Program.--Section 2130a(a)(1)
of title 10, United States Code, is amended by striking out ``September
30, 1998'' and inserting in lieu thereof ``September 30, 1999''.
(b) Accession Bonus for Registered Nurses.--Section 302d(a)(1) of
title 37, United States Code, is amended by striking out ``September
30, 1998'' and inserting in lieu thereof ``September 30, 1999''.
(c) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of title 37, United States Code, is amended by striking out
``September 30, 1998'' and inserting in lieu thereof ``September 30,
1999''.
SEC. 633. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF
OTHER BONUSES AND SPECIAL PAYS.
(a) Reenlistment Bonus for Active Members.--Section 308(g) of title
37, United States Code, is amended by striking out ``September 30,
1998'' and inserting in lieu thereof ``September 30, 1999''.
(b) Enlistment Bonuses for Critical Skills.--Sections 308a(c) and
308f(c) of title 37, United States Code, are each amended by striking
out ``September 30, 1998'' and inserting in lieu thereof ``September
30, 1999''.
(c) Special Pay for Nuclear Qualified Officers Extending Period of
Active Service.--Section 312(e) of title 37, United States Code, is
amended by striking out ``September 30, 1998'' and inserting in lieu
thereof ``September 30, 1999''.
(d) Nuclear Career Accession Bonus.--Section 312b(c) of title 37,
United States Code, is amended by striking out ``September 30, 1998''
and inserting in lieu thereof ``September 30, 1999''.
(e) Nuclear Career Annual Incentive Bonus.--Section 312c(d) of
title 37, United States Code, is amended by striking out ``October 1,
1998'' and inserting in lieu thereof ``October 1, 1999''.
SEC. 634. INCREASED AMOUNTS FOR AVIATION CAREER INCENTIVE PAY.
(a) Amounts.--The table in subsection (b)(1) of section 301a(b)(1)
of title 37, United States Code, is amended--
(1) by inserting at the end of phase I of the table the
following:
``Over 14.............................................. 840'';
and
(2) by striking out phase II of the table and inserting in
lieu thereof the following:
``Phase II
``Monthly
``Years of service as an officer: rate
``Over 22.............................................. $585
``Over 23.............................................. 495
``Over 24.............................................. 385
``Over 25.............................................. 250''.
(b) Effective Date and Applicability.--The amendments made by
subsection (a) shall take effect on October 1, 1998, and shall apply
with respect to months beginning on or after that date.
SEC. 635. AVIATION CONTINUATION PAY.
(a) Extension of Authority.--Subsection (a) of section 301b of
title 37, United States Code, is amended by striking out ``1998'' and
inserting in lieu thereof ``2005''.
(b) Bonus Amounts.--Subsection (c) of such section is amended--
(1) in paragraph (1), by striking out ``$12,000'' and
inserting in lieu thereof ``$25,000''; and
(2) in paragraph (2), by striking out ``$6,000'' and
inserting in lieu thereof ``$12,000''.
(c) Definition of Aviation Specialty.--Subsection (j)(2) of such
section is amended by inserting ``specific'' before ``community''.
(d) Content of Annual Report.--Subsection (i)(1) of such section is
amended--
(1) by inserting ``and'' at the end of subparagraph (A);
(2) by striking out the semicolon and ``and'' at the end of
subparagraph (B) and inserting in lieu thereof a period; and
(3) by striking out subparagraph (C).
(e) Effective Dates and Applicability.--(1) Except as provided in
paragraphs (1) and (2), the amendments made by this section shall take
effect on the date of the enactment of this Act.
(2) The amendment made by subsection (b) shall take effect on
October 1, 1997, and shall apply with respect to agreements accepted
under subsection (a) of section 301b of title 37, United States Code,
on or after that date.
(3) The amendment made by subsection (c) shall take effect as of
October 1, 1996, and shall apply with respect to agreements accepted
under subsection (a) of section 301b of title 37, United States Code,
on or after that date.
SEC. 636. ELIGIBILITY OF DENTAL OFFICERS FOR THE MULTIYEAR RETENTION
BONUS PROVIDED FOR MEDICAL OFFICERS.
(a) Addition of Dental Officers.--Section 301d of title 37, United
States Code, is amended--
(1) in subsection (a)(1), by inserting ``or dental'' after
``medical''; and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting ``or Dental Corps'' after
``Medical Corps''; and
(ii) by inserting ``or dental'' after
``medical''; and
(B) in paragraph (3), by inserting ``or dental''
after ``medical''.
(b) Conforming Amendment and Related Clerical Amendment.--(1) The
heading of such section is amended to read as follows:
``Sec. 301d. Multiyear retention bonus: medical and dental officers of
the armed forces''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 5 of title 37, United States Code, is amended
to read as follows:
``301d. Multiyear retention bonus: medical and dental officers of the
armed forces.''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 1997, and apply to agreements accepted under
section 301d of title 37, United States Code, on or after that date.
SEC. 637. INCREASED SPECIAL PAY FOR DENTAL OFFICERS.
(a) Variable Special Pay for Officers Below Grade O-7.--Paragraph
(2) of section 302b(a) of title 37, United States Code, is amended by
striking out subparagraphs (C), (D), (E), and (F), and inserting in
lieu thereof the following:
``(C) $4,000 per year, if the officer has at least six but
less than 8 years of creditable service.
``(D) $12,000 per year, if the officer has at least 8 but
less than 12 years of creditable service.
``(E) $10,000 per year, if the officer has at least 12 but
less than 14 years of creditable service.
``(F) $9,000 per year, if the officer has at least 14 but
less than 18 years of creditable service.
``(G) $8,000 per year, 18 or more years of creditable
service.''.
(b) Variable Special Pay for Officers Above Grade O-6.--Paragraph
(3) of such section is amended by striking out ``$1,000'' and inserting
in lieu thereof ``$7,000''.
(c) Additional Special Pay.--Paragraph (4) of such section is
amended--
(1) in subparagraph (B), by striking out ``14'' and
inserting in lieu thereof ``10''; and
(2) by striking out subparagraphs (C) and (D) and inserting
in lieu thereof the following:
``(C) $15,000 per year, if the officer has 10 or more years
of creditable service.''.
(d) Effective Date.--The amendments made by this section shall take
effect on October 1, 1997, and shall apply with respect to months
beginning on or after that date.
SEC. 638. MODIFICATION OF SELECTED RESERVE REENLISTMENT BONUS
AUTHORITY.
(a) Eligibility of Members With Up to 14 Years of Total Service.--
Subsection (a) of section 308b of title 37, United States Code, is
amended by striking out ``ten years'' in paragraph (1) and inserting in
lieu thereof ``14 years''.
(b) Two-Bonus Authority for Consecutive 3-Year Enlistments.--Such
subsection is further amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by inserting ``Authority and Eligibility
Requirements.--(1)'' after ``(a)'';
(3) by striking out ``a bonus as provided in subsection
(b)'' before the period at the end and inserting in lieu
thereof ``a bonus or bonuses in accordance with this section'';
and
(4) by adding at the end the following new paragraph (2):
``(2) If a person eligible to receive a bonus under this section by
reason of an enlistment for a period of three years so elects on or
before the date of the enlistment, the Secretary concerned may pay the
person--
``(A) a bonus for that enlistment; and
``(B) an additional bonus for a later voluntary extension
of the enlistment, or a subsequent consecutive enlistment, for
a period of at least three years if--
``(i) on the date of the expiration of the
enlistment for which the first bonus was paid, or the
date on which, but for an extension of the enlistment,
the enlistment would otherwise expire, as the case may
be, the person satisfies the eligibility requirements
set forth in paragraph (1) and the eligibility
requirements for reenlisting or extending the
enlistment; and
``(ii) the extension of the enlistment or the
subsequent consecutive enlistment, as the case may be,
is in a critical military skill designated for such a
bonus by the Secretary concerned.''.
(c) Bonus Amounts.--Subsection (b) of such section is amended to
read as follows:
``(b) Bonus Amounts.--(1) In the case of a member who enlists for a
period of six years, the bonus to be paid under subsection (a) shall be
a total amount not to exceed $5,000.
``(2) In the case of a member who enlists for a period of three
years, the bonus to be paid under subsection (a) shall be as follows:
``(A) If the member does not make an election authorized
under subsection (a)(2), the total amount of the bonus shall be
an amount not to exceed $2,500.
``(B) If the member makes an election under subsection
(a)(2) to be paid a bonus for the enlistment and an additional
bonus for a later extension of the enlistment or for a
subsequent consecutive enlistment--
``(i) the total amount of the first bonus shall be
an amount not to exceed $2,000; and
``(ii) the total amount of the additional bonus
shall be an amount not to exceed $2,500.''.
(d) Disbursement of Bonus.--Subsection (c) of such section is
amended to read as follows:
``(c) Disbursement of Bonus.--(1) Any bonus payable under this
section shall be disbursed in one initial payment of an amount not to
exceed one-half of the total amount of the bonus and subsequent
periodic partial payments of the balance of the bonus. The Secretary
concerned shall prescribe the amount of each partial payment and the
schedule for making the partial payments.
``(2) Payment of any additional bonus under subsection (a)(2)(B)
for an extension of an enlistment or a subsequent consecutive
enlistment shall begin on or after the date referred to in clause (i)
of that subsection.''.
(e) Subsection Headings.--Such section is further amended--
(1) in subsection (d), by inserting ``Refund for
Unsatisfactory Service.--'' after ``(d)'';
(2) in subsection (e), by inserting ``Regulations.--''
after ``(e)''; and
(3) in subsection (f), by inserting ``Termination of
Authority.--'' after ``(f)''.
(f) Effective Date.--The amendments made by this section shall take
effect on October 1, 1997, and apply to enlistments in the Armed Forces
on or after that date.
SEC. 639. MODIFICATION OF AUTHORITY TO PAY BONUSES FOR ENLISTMENTS BY
PRIOR SERVICE PERSONNEL IN CRITICAL SKILLS IN THE
SELECTED RESERVE.
(a) Reorganization of Section.--Section 308i of title 37, United
States Code, is amended--
(1) by redesignating subsections (e), (f), and (g) as
paragraphs (2), (3), and (4), respectively, of subsection (d);
(2) by redesignating subsections (b), (c), (d), (h), and
(i) as subsections (c), (e), (f), (g), and (h), respectively;
and
(3) by redesignating paragraph (2) of subsection (a) as
subsection (b) and in subsection (b), as so redesignated, by
redesignating subparagraphs (A), (B), (C), and (D) as
paragraphs (1), (2), (3), and (4), respectively.
(b) Two-Bonus Authority for Consecutive 3-Year Enlistments.--
Subsection (a) of such section is amended by inserting after paragraph
(1) the following new paragraph (2):
``(2) If a person eligible to receive a bonus under this section by
reason of an enlistment for a period of three years so elects on or
before the date of the enlistment, the Secretary concerned may pay the
person--
``(A) a bonus for that enlistment; and
``(B) an additional bonus for a later extension of the
enlistment, or a subsequent consecutive enlistment, for a
period of at least three years if--
``(i) on the date of the expiration of the
enlistment for which the first bonus was paid, or the
date on which, but for an extension of the enlistment,
the enlistment would otherwise expire, the person
satisfies the eligibility requirements set forth in
subsection (b) and the eligibility requirements for
reenlisting or extending the enlistment, as the case
may be; and
``(ii) the extension of the enlistment or the
subsequent consecutive enlistment, as the case may be,
is in a critical military skill designated for such a
bonus by the Secretary concerned.''.
(c) Eligibility of Former Members With Up to 14 Years of Prior
Service.--Subsection (b) of such section, as redesignated by subsection
(a)(3), is amended by striking out ``10 years'' and inserting in lieu
thereof ``14 years''.
(d) Bonus Amounts.--Subsection (c) of such section, as redesignated
by subsection (a)(2), is amended to read as follows:
``(c) Bonus Amounts.--(1) In the case of a member who enlists for a
period of six years, the bonus to be paid under subsection (a) shall be
a total amount not to exceed $5,000.
``(2) In the case of a member who enlists for a period of three
years, the bonus to be paid under subsection (a) shall be as follows:
``(A) If the member does not make an election authorized
under subsection (a)(2), the total amount of the bonus shall be
an amount not to exceed $2,500.
``(B) If the member makes an election under subsection
(a)(2) to be paid a bonus for the enlistment and an additional
bonus for a later extension of the enlistment or for a
subsequent consecutive enlistment--
``(i) the total amount of the first bonus shall be
an amount not to exceed $2,000; and
``(ii) the total amount of the additional bonus
shall be an amount not to exceed $2,500.''.
(e) Disbursement of Bonus.--Such section is amended by inserting
after subsection (c), as redesignated by subsection (a)(2) and amended
by subsection (d), the following new subsection (d):
``(d) Disbursement of Bonus.--(1) Any bonus payable under this
section shall be disbursed in one initial payment of an amount not to
exceed one-half of the total amount of the bonus and subsequent
periodic partial payments of the balance of the bonus. The Secretary
concerned shall prescribe the amount of each partial payment and the
schedule for making the partial payments.
``(2) Payment of any additional bonus under subsection (a)(2)(B)
for an extension of an enlistment or a subsequent consecutive
enlistment shall begin on or after the date referred to in clause (i)
of that subsection.''.
(f) Conforming Amendments.--(1) Subsection (a)(1) of such section
is amended by striking out ``paragraph (2) may be paid a bonus as
prescribed in subsection (b)'' and inserting in lieu thereof
``subsection (b) may be paid a bonus or bonuses in accordance with this
section''.
(2) Subsection (e) of such section, as redesignated by subsection
(a)(2), is amended by striking out ``may not be paid more than one
bonus under this section and''.
(3) Subsection (f) of such section, as redesignated by subsection
(a)(2), is amended--
(A) by inserting ``Refund for Unsatisfactory Service.--
(1)'' after ``(f)'';
(B) in paragraphs (2) and (4), as redesignated by
subsection (a)(1), by striking out ``subsection (d)'' and
inserting in lieu thereof ``paragraph (1)''; and
(C) in paragraph (3), as redesignated by subsection
(a)(1)--
(i) by striking out ``subsection (h)'' and
inserting in lieu thereof ``subsection (g)''; and
(ii) by striking out ``subsection (d)'' and
inserting in lieu thereof ``paragraph (1)''.
(g) Subsection Headings.--Such section, as amended by subsections
(a) through (f), is further amended--
(1) in subsection (a), by inserting ``Authority.--'' after
``(a)'';
(2) in subsection (b), by inserting ``Eligibility.--''
after ``(b)'';
(3) in subsection (e), by inserting ``Limitation.--'' after
``(e)'';
(4) in subsection (g), by inserting ``Regulations.--''
after ``(g)''; and
(5) in subsection (h), by inserting ``Termination of
Authority.--'' after ``(h)''.
(h) Effective Date.--The amendments made by this section shall take
effect on October 1, 1997, and apply to enlistments in the Armed Forces
on or after that date.
SEC. 640. INCREASED SPECIAL PAY AND BONUSES FOR NUCLEAR QUALIFIED
OFFICERS.
(a) Special Pay for Officers Extending Period of Active Service.--
Subsection (a) of section 312 of title 37, United States Code, is
amended by striking out ``$12,000'' and inserting in lieu thereof
``$15,000''.
(b) Nuclear Career Accession Bonus.--Subsection (a)(1) of section
312b of title 37, United States Code, is amended by striking out
``$8,000'' and inserting in lieu thereof ``$10,000''.
(c) Nuclear Career Annual Incentive Bonuses.--Section 312c of title
37, United States Code, is amended--
(1) in subsection (a)(1), by striking out ``$10,000'' and
inserting in lieu thereof ``$12,000''; and
(2) in subsection (b)(1), by striking out ``$4,500'' and
inserting in lieu thereof ``$5,500''.
(d) Effective Date.--(1) The amendments made by this section shall
take effect on October 1, 1997.
(2) The amendments made by subsections (a) and (b) shall apply with
respect to agreements accepted under sections 312(a) and 312b(a),
respectively, of title 37, United States Code, on or after the
effective date of the amendments.
SEC. 641. AUTHORITY TO PAY BONUSES IN LIEU OF SPECIAL PAY FOR ENLISTED
MEMBERS EXTENDING DUTY AT DESIGNATED LOCATIONS OVERSEAS.
(a) Payment Flexibility.--Section 314 of title 37, United States
Code, is amended--
(1) in subsection (a), by striking out ``at a rate'' and
all that follows through ``Secretary concerned'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) Payment Schedule and Rates.--At the election of the Secretary
concerned, the Secretary may pay the special pay to which a member is
entitled under subsection (a)--
``(1) in monthly installments in an amount prescribed by
the Secretary, but not to exceed $80 each; or
``(2) as an annual bonus in an amount prescribed by the
Secretary, but not to exceed $2,000 per year.''.
(b) Prohibition of Concurrent Receipt with Rest and Recuperative
Absence or Transportation.--Subsection (c) of such section, as
redesignated by subsection (a)(2), is amended--
(1) by inserting ``Concurrent Receipt of Benefits
Prohibited.--(1)'' after ``(c)''; and
(2) by adding at the end the following:
``(2)(A) In the case of a member entitled to an annual bonus for a
12-month period under subsection (b)(2), the amount of the annual bonus
shall be reduced by the percent determined by dividing 12 into the
number of months in the period that the member is authorized rest and
recuperative absence or transportation. For the purposes of the
preceding sentence, a member shall be treated as having been authorized
rest and recuperative absence or transportation for a full month if
rest and recuperative absence or transportation is authorized for the
member for any part of the month.
``(B) The Secretary concerned shall recoup by collection from a
member any amount of an annual bonus paid under subsection (b)(2) to
the member for a 12-month period that exceeds the amount of the bonus
to which the member is entitled for the period by reason of an
authorization of rest and recuperative absence or transportation for
the member during that period that was not taken into account in
computing the amount of the entitlement.''.
(c) Repayment.--Such section is further amended by adding at the
end the following:
``(d) Refund for Failure To Complete Tour of Duty.--(1) A member
who, having entered into a written agreement to extend a tour of duty
for a period under subsection (a), receives a bonus payment under
subsection (b)(2) for a 12-month period covered by the agreement and
ceases during that 12-month period to perform the agreed tour of duty
shall refund to the United States the unearned portion of the bonus.
The unearned portion of the bonus is the amount by which the amount of
the bonus paid to the member exceeds the amount determined by
multiplying the amount of the bonus paid by the percent determined by
dividing 12 into the number of full months during which the member
performed the duty in the 12-month period.
``(2) The Secretary concerned may waive the obligation of a member
to reimburse the United States under paragraph (1) if the Secretary
determines that conditions and circumstances warrant the waiver.
``(e) Treatment of Reimbursement Obligations.--(1) An obligation to
reimburse the United States imposed under subsection (c)(2)(B) or (d)
is for all purposes a debt owed to the United States.
``(2) A discharge in bankruptcy under title 11 that is entered less
than 5 years after the termination of a written agreement entered into
under subsection (a) does not discharge the member signing the
agreement from a debt referred to in paragraph (1). This paragraph
applies to any case commenced under title 11 on or after October 1,
1997.''.
(d) Stylistic Amendment.--Subsection (a) of such section is amended
by inserting ``Authority.--'' after ``(a)''.
(e) Effective Date.--The amendments made by this section shall take
effect on October 1, 1997, and apply to agreements accepted under
section 314 of title 37, United States Code, on or after that date.
SEC. 642. RESERVE AFFILIATION AGREEMENT BONUS FOR THE COAST GUARD.
Section 308e of title 37, United States Code, is amended--
(1) in subsection (a), by striking out ``Secretary of a
military department'' in the matter preceding paragraph (1) and
inserting in lieu thereof ``Secretary concerned''; and
(2) by adding at the end the following:
``(f) The authority in subsection (a) does not apply to the
Secretary of Commerce and the Secretary of Health and Human
Services.''.
Subtitle D--Retired Pay, Survivor Benefits, and Related Matters
SEC. 651. ONE-YEAR OPPORTUNITY TO DISCONTINUE PARTICIPATION IN SURVIVOR
BENEFIT PLAN.
(a) Election To Discontinue Within One Year After Second
Anniversary of Commencement of Payment of Retired Pay.--(1) Subchapter
II of chapter 73 of title 10, United States Code, is amended by
inserting after section 1448 the following:
``Sec. 1448a. Election to discontinue participation: one-year
opportunity after second anniversary of commencement of
payment of retired pay
``(a) Authority.--A participant in the Plan may, subject to the
provisions of this section, elect to discontinue participation in the
Plan at any time during the 1-year period beginning on the second
anniversary of the date on which payment of retired pay to the
participant commences.
``(b) Concurrence of Spouse.--(1) A married participant may not
make an election under subsection (a) without the concurrence of the
participant's spouse, except that the participant may make such an
election without the concurrence of the person's spouse if the person
establishes to the satisfaction of the Secretary concerned that one of
the conditions described in section 1448(a)(3)(C) of this title exists.
``(2) The concurrence of a spouse under paragraph (1) shall be made
in such written form and shall contain such information as may be
required under regulations prescribed by the Secretary of Defense.
``(c) Limitation on Election When Former Spouse Coverage in
Effect.--The limitation set forth in section 1450(f)(2) of this title
shall apply to an election to discontinue participation in the Plan
under subsection (a).
``(d) Withdrawal of Election To Discontinue.--Section 1448(b)(1)(D)
of this title shall apply to an election under subsection (a).
``(e) Consequences of Discontinuation.--Section 1448(b)(1)(E) of
this title shall apply to an election under subsection (a).
``(f) Notice to Effected Beneficiaries.--The Secretary concerned
shall notify any former spouse or other natural person previously
designated under section 1448(b) of this title of any election to
discontinue participation under subsection (a).
``(g) Effective Date of Election.--An election authorized under
this section is effective as of the first day of the first calendar
month following the month in which the election is received by the
Secretary concerned.
``(h) Inapplicability of Irrevocability Provisions.--Paragraphs
(4)(B) and (5)(C) of section 1448(a) of this title do not apply to
prevent an election under subsection (a).''.
(2) The table of sections at the beginning of such subchapter is
amended by inserting after the item relating to section 1448 the
following:
``1448a. Election to discontinue participation: one-year opportunity
after second anniversary of commencement of
payment of retired pay.''.
(b) Transition Provision.--Notwithstanding the limitation on the
time for making an election under section 1448a of title 10, United
States Code (as added by subsection (a)), that is specified in
subsection (a) of such section, a participant in the Survivor Benefit
Plan under subchapter II of chapter 73 of such title may make an
election in accordance with that section within one year after the
effective date of the section if the second anniversary of the
commencement of payment of retired pay to the participant precedes that
effective date.
(c) Effective Date.--Section 1448a of title 10, United States Code,
as added by subsection (a), shall take effect 180 days after the date
of the enactment of this Act.
SEC. 652. TIME FOR CHANGING SURVIVOR BENEFIT COVERAGE FROM FORMER
SPOUSE TO SPOUSE.
Section 1450(f)(1)(C) of title 10, United States Code, is amended
by adding at the end the following: ``Notwithstanding the preceding
sentence, a change of election under this subsection to provide an
annuity to a spouse instead of a former spouse may (subject to
paragraph (2)) be made at any time without regard to the time
limitation in section 1448(a)(5)(B) of this title.''.
SEC. 653. PAID-UP COVERAGE UNDER SURVIVOR BENEFIT PLAN.
Section 1452 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(j) Coverage Paid Up at 30 Years or Age 70.--(1) Coverage of a
survivor of a member under the Plan shall be considered paid up as of
the end of the earlier of--
``(A) the 360th month in which the member's retired pay has
been reduced under this section; or
``(B) the month in which the member attains 70 years of
age.
``(2) The retired pay of a member shall not be reduced under this
section to provide coverage of a survivor under the Plan after the
month when the coverage is considered paid up under paragraph (1).''.
SEC. 654. ANNUITIES FOR CERTAIN MILITARY SURVIVING SPOUSES.
(a) Survivor Annuity.--(1) The Secretary concerned shall pay an
annuity to the qualified surviving spouse of each member of the
uniformed services who--
(A) died before March 21, 1974, and was entitled to retired
or retainer pay on the date of death; or
(B) was a member of a reserve component of the Armed Forces
during the period beginning on September 21, 1972, and ending
on October 1, 1978, and at the time of his death would have
been entitled to retired pay under chapter 67 of title 10,
United States Code (as in effect before December 1, 1994), but
for the fact that he was under 60 years of age.
(2) A qualified surviving spouse for purposes of this section is a
surviving spouse who has not remarried and who is not eligible for an
annuity under section 4 of Public Law 92-425 (10 U.S.C. 1448 note).
(b) Amount of Annuity.--(1) An annuity under this section shall be
paid at the rate of $165 per month, as adjusted from time to time under
paragraph (3).
(2) An annuity paid to a surviving spouse under this section shall
be reduced by the amount of any dependency and indemnity compensation
(DIC) to which the surviving spouse is entitled under section 1311(a)
of title 38, United States Code.
(3) Whenever after the date of the enactment of this Act retired or
retainer pay is increased under section 1401a(b)(2) of title 10, United
States Code, each annuity that is payable under this section shall be
increased at the same time and by the same total percent. The amount of
the increase shall be based on the amount of the monthly annuity
payable before any reduction under this section.
(c) Application Required.--No benefit shall be paid to any person
under this section unless an application for such benefit is filed with
the Secretary concerned by or on behalf of such person.
(d) Definitions.--For purposes of this section:
(1) The terms ``uniformed services'' and ``Secretary
concerned'' have the meanings given such terms in section 101
of title 37, United States Code.
(2) The term ``surviving spouse'' has the meaning given the
terms ``widow'' and ``widower'' in paragraphs (3) and (4) of
section 1447 of title 10, United States Code.
(e) Prospective Applicability.--(1) Annuities under this section
shall be paid for months beginning after the month in which this Act is
enacted.
(2) No benefit shall accrue to any person by reason of the
enactment of this section for any period before the first month that
begins after the month in which this Act is enacted.
(f) Expiration of Authority.--The authority to pay annuities under
this section shall expire on September 30, 2001.
Subtitle E--Other Matters
SEC. 661. ELIGIBILITY OF RESERVES FOR BENEFITS FOR ILLNESS, INJURY, OR
DEATH INCURRED OR AGGRAVATED IN LINE OF DUTY.
(a) Pay and Allowances.--(1) Section 204 of title 37, United States
Code, is amended--
(A) in subsection (g)(1)(D), by inserting after ``while
remaining overnight,'' the following: ``immediately before the
commencement of inactive-duty training or''; and
(B) in subsection (h)(1)(D), by inserting after ``while
remaining overnight,'' the following: ``immediately before the
commencement of inactive-duty training or''.
(2) Section 206(a)(3)(C) of such title is amended by inserting
after ``while remaining overnight,'' the following: ``immediately
before the commencement of inactive-duty training or''.
(b) Medical and Dental Care.--(1) Section 1074a(a)(3) of title 10,
United States Code, is amended by inserting after ``while remaining
overnight,'' the following: ``immediately before the commencement of
inactive-duty training or''.
(2) Section 1076(a)(2) of title 10, United States Code, is
amended--
(A) by striking out ``or'' at the end of subparagraph (A);
(B) by striking out the period at the end of subparagraph
(B)(ii) and inserting in lieu thereof ``; or''; and
(C) by adding at the end the following:
``(C) who incurs or aggravates an injury, illness, or
disease in the line of duty while serving on active duty under
a call or order to active duty for a period of 30 days or less,
if the call or order is modified to extend the period of active
duty of the member to be more than 30 days.''.
(c) Eligibility for Disability Retirement or Separation.--(1)
Section 1204(2) of title 10, United States Code, is amended to read as
follows:
``(2) the disability is a result of an injury, illness, or
disease incurred or aggravated--
``(A) in line of duty while performing active duty
or inactive-duty training;
``(B) while traveling directly to or from the place
at which such duty is performed; or
``(C) while remaining overnight, immediately before
the commencement of inactive-duty training or between
successive periods of inactive-duty training, at or in
the vicinity of the site of the inactive-duty training,
if the site of the inactive-duty training is outside
reasonable commuting distance of the member's
residence;''.
(2) Section 1206 of title 10, United States Code, is amended--
(A) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively, and
(B) by inserting after paragraph (1) the following new
paragraph:
``(2) the disability is a result of an injury, illness, or
disease incurred or aggravated--
``(A) in line of duty while performing active duty
or inactive-duty training;
``(B) while traveling directly to or from the place
at which such duty is performed; or
``(C) while remaining overnight, immediately before
the commencement of inactive-duty training or between
successive periods of inactive-duty training, at or in
the vicinity of the site of the inactive-duty training,
if the site of the inactive-duty training is outside
reasonable commuting distance of the member's
residence;''.
(d) Recovery, Care, and Disposition of Remains.--Section
1481(a)(2)(D) of title 10, United States Code, is amended by inserting
after ``while remaining overnight,'' the following: ``immediately
before the commencement of inactive-duty training or''.
(e) Conforming Amendments and Related Clerical Amendments.--(1) The
heading of section 1204 of title 10, United States Code, is amended to
read as follows:
``Sec. 1204. Members on active duty for 30 days or less or on inactive-
duty training: retirement''.
(2) The heading of section 1206 of such title is amended to read as
follows:
``Sec. 1206. Members on active duty for 30 days or less or on inactive-
duty training: separation''.
(3) The table of sections at the beginning of chapter 61 of such
title is amended--
(A) by striking out the item relating to section 1204 and
inserting in lieu thereof the following:
``1204. Members on active duty for 30 days or less or on inactive-duty
training: retirement.'';
and
(B) by striking out the item relating to section 1206 and
inserting in lieu thereof the following:
``1206. Members on active duty for 30 days or less or on inactive-duty
training: separation.''.
(f) Prospective Applicability.--No benefit shall accrue under an
amendment made by this section for any period before the date of the
enactment of this Act.
SEC. 662. TRAVEL AND TRANSPORTATION ALLOWANCES FOR DEPENDENTS BEFORE
APPROVAL OF A MEMBER'S COURT-MARTIAL SENTENCE.
Section 406(h)(2)(C) of title 37, United States Code, is amended by
inserting before the period at the end of the matter following clause
(iii) the following: ``or action on the sentence is pending under that
section''.
SEC. 663. ELIGIBILITY OF MEMBERS OF THE UNIFORMED SERVICES FOR
REIMBURSEMENT OF ADOPTION EXPENSES.
(a) Public Health Service.--Section 221(a) of the Public Health
Service Act (42 U.S.C. 213a(a)) is amended by adding at the end the
following:
``(16) Section 1052, Reimbursement for adoption
expenses.''.
(b) National Oceanic and Atmospheric Administration.--Section 3(a)
of the Act entitled ``An Act to revise, codify, and enact into law,
title 10 of the United States Code, entitled `Armed Forces', and title
32 of the United States Code, entitled `National Guard''', approved
August 10, 1956 (33 U.S.C. 857a(a)), is amended by adding at the end
the following:
``(16) Section 1052, Reimbursement for adoption
expenses.''.
(c) Prospective Applicability.--The amendments made by this section
shall take effect on the date of the enactment of this Act and apply to
adoptions completed on or after such date.
SEC. 664. SUBSISTENCE OF MEMBERS OF THE ARMED FORCES ABOVE THE POVERTY
LEVEL.
(a) Findings.--Congress makes the following findings:
(1) The morale and welfare of members of the Armed Forces
and their families are key components of the readiness of the
Armed Forces.
(2) Several studies have documented significant instances
of members of the Armed Forces and their families relying on
various forms of income support under programs of the Federal
Government, including assistance under the Food Stamp Act of
1977 (7 U.S.C. 2012(o) and assistance under the special
supplemental nutrition program for women, infants, and children
under section 17 of the Child Nutrition Act of 1966 (42 U.S.C.
1786).
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of Defense should strive--
(1) to eliminate the need for members of the Armed Forces
and their families to subsist at, near, or below the poverty
level; and
(2) to improve the wellbeing and welfare of members of the
Armed Forces and their families by implementing, and
programming full funding for, programs that have proven
effective in elevating the standard of living of members and
their families significantly above the poverty level.
(c) Study Required.--(1) The Secretary of Defense shall conduct a
study of members of the Armed Forces and their families who subsist at,
near, or below the poverty level.
(2) The study shall include the following:
(A) An analysis of potential solutions for mitigating or
eliminating the need for members of the Armed Forces and their
families to subsist at, near, or below the poverty level,
including potential solutions involving changes in the systems
and rates of basic allowance for subsistence, basic allowance
for quarters, and variable housing allowance.
(B) Identification of the populations most likely to need
income support under Federal Government programs, including--
(i) the populations living in areas of the United
States where housing costs are notably high;
(ii) the populations living outside the United
States; and
(iii) the number of persons in each identified
population.
(C) The desirability of increasing rates of basic pay and
allowances over a defined period of years by a range of
percentages that provides for higher percentage increases for
lower ranking personnel than for higher ranking personnel.
(d) Implementation of Department of Defense Special Supplemental
Food Program for Personnel Outside the United States.--(1) Section
1060a(b) of title 10, United States Code, is amended to read as
follows:
``(b) Federal Payments and Commodities.--For the purpose of
obtaining Federal payments and commodities in order to carry out the
program referred to in subsection (a), the Secretary of Agriculture
shall make available to the Secretary of Defense the same payments and
commodities as are made for the special supplemental food program in
the United States under section 17 of the Child Nutrition Act of 1966
(42 U.S.C. 1786). Funds available for the Department of Defense may be
used for carrying out the program under subsection (a).''.
(2) Not later than 90 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to Congress a report
regarding the Secretary's intentions regarding implementation of the
program authorized under section 1060a of title 10, United States Code,
including any plans to implement the program.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Services
SEC. 701. WAIVER OF DEDUCTIBLES, COPAYMENTS, AND ANNUAL FEES FOR
MEMBERS ASSIGNED TO CERTAIN DUTY LOCATIONS FAR FROM
SOURCES OF CARE.
(a) Authority.--Chapter 55 of title 10, United States Code, is
amended by adding at the end the following:
``Sec. 1107. Waiver of deductibles, copayments, and annual fees for
members assigned to certain duty locations far from
sources of care
``(a) Authority.--The administering Secretaries shall prescribe in
regulations--
``(1) authority for members of the armed forces referred to
in subsection (b) to receive care under the Civilian Health and
Medical Program of the Uniformed Services; and
``(2) policies and procedures for waiving an obligation for
such members to pay a deductible, copayment, or annual fee that
would otherwise be applicable under that program for care
provided to the members under the program.
``(b) Eligibility.--The regulations may be applied to a member of
the uniformed services on active duty who--
``(1) is assigned to--
``(A) permanent duty as a recruiter;
``(B) permanent duty at an educational institution
to instruct, administer a program of instruction, or
provide administrative services in support of a program
of instruction for the Reserve Officers' Training
Corps;
``(C) permanent duty as a full-time adviser to a
unit of a reserve component of the armed forces; or
``(D) any other permanent duty designated by the
administering Secretary concerned for purposes of the
regulations; and
``(2) pursuant to such assignment, resides at a location
that is more than 50 miles, or one hour of driving time, from--
``(A) the nearest health care facility of the
uniformed services adequate to provide the needed care
under this chapter; and
``(B) the nearest source of the needed care that is
available to the member under the TRICARE Prime plan.
``(c) Payment of Costs.--Deductibles, copayments, and annual fees
not payable by a member by reason of a waiver granted under the
regulations shall be paid out of funds available to the Department of
Defense for the defense health program.
``(d) Definitions.--In this section:
``(1) The term `TRICARE Prime plan' means a plan under the
TRICARE program that provides for voluntary enrollment for
health care to be furnished in a manner similar to the manner
in which health care is furnished by health maintenance
organizations.
``(2) The term `TRICARE program' means the managed health
care program that is established by the Secretary of Defense
under the authority of this chapter, principally section 1097
of this title, and includes the competitive selection of
contractors to financially underwrite the delivery of health
care services under the Civilian Health and Medical Program of
the Uniformed Services.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following:
``1107. Waiver of deductibles, copayments, and annual fees for members
assigned to certain duty locations far from
sources of care.''.
SEC. 702. PAYMENT FOR EMERGENCY HEALTH CARE OVERSEAS FOR MILITARY AND
CIVILIAN PERSONNEL OF THE ON-SITE INSPECTION AGENCY.
(a) Payment of Costs.--The Secretary of Defense may pay the costs
of any emergency health care that--
(1) is needed by a member of the Armed Forces, civilian
employee of the Department of Defense, or civilian employee of
a contractor while the person is performing temporary or
permanent duty with the On-Site Inspection Agency outside the
United States; and
(2) is furnished to such person during fiscal year 1998 by
a source outside the United States.
(b) Funding.--Funds authorized to be appropriated for the expenses
of the On-Site Inspection Agency for fiscal year 1998 by this Act shall
be available to cover payments for emergency health care under
subsection (a).
SEC. 703. DISCLOSURES OF CAUTIONARY INFORMATION ON PRESCRIPTION
MEDICATIONS.
(a) Requirement for Regulations.--Not later than 180 days after the
date of the enactment of this Act, the administering Secretaries
referred to in section 1073(3) of title 10, United States Code, shall
prescribe regulations that require each source dispensing a
prescription medication to a person under chapter 55 of such title to
furnish to that person, with the medication, written cautionary
information on the medication.
(b) Information To Be Disclosed.--Information required to be
disclosed about a medication under the regulations shall include
appropriate cautions about usage of the medication, including possible
side effects and potentially hazardous interactions with foods.
(c) Form of Information.--The regulations shall require that
information be furnished in a form that, to the maximum extent
practicable, is easily read and understood.
(d) Covered Sources.--The regulations shall apply to the following:
(1) Pharmacies and any other dispensers of prescription
medications in medical facilities of the uniformed services.
(2) Sources of prescription medications under any mail
order pharmaceuticals program provided by any of the
administering Secretaries under chapter 55 of title 10, United
States Code.
(3) Pharmacies paid under the Civilian Health and Medical
Program of the Uniformed Services (including the TRICARE
program).
(4) Pharmacies, and any other pharmaceutical dispensers, of
designated providers referred to in section 721(5) of the
National Defense Authorization Act for Fiscal Year 1997 (Public
Law 104-201; 110 Stat. 2593; 10 U.S.C. 1073 note).
SEC. 704. HEALTH CARE SERVICES FOR CERTAIN RESERVES WHO SERVED IN
SOUTHWEST ASIA DURING THE PERSIAN GULF WAR.
(a) Requirement.--A member of the Armed Forces described in
subsection (b) shall be entitled to medical and dental care under
chapter 55 of title 10, United States Code, for a symptom or illness
described in subsection (b)(2) to the same extent and under the same
conditions (other than the requirement to be on active duty) as is a
member of a uniformed service who is entitled under section 1074(a) of
such title to medical and dental care under such chapter. The Secretary
shall provide such care free of charge to the member.
(b) Covered Members.--Subsection (a) applies to any member of a
reserve component of the Armed Forces who--
(1) is a Persian Gulf veteran;
(2) registers a symptom or illness in the Persian Gulf War
Veterans Health Surveillance System of the Department of
Defense that is presumed under section 721(d) of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-
337; 108 Stat. 2805; 10 U.S.C. 1074 note) to be a result of
such service; and
(3) is not otherwise entitled to medical and dental care
under section 1074(a) of title 10, United States Code.
(c) Definition.--In this section, the term ``Persian Gulf veteran''
has the same meaning as in section 721(i) of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat.
2807; 10 U.S.C. 1074 note).
SEC. 705. COLLECTION OF DENTAL INSURANCE PREMIUMS.
(a) Selected Reserve Dental Insurance.--Paragraph (3) of section
1076b(b) of title 10, United States Code, is amended to read as
follows:
``(3) The Secretary of Defense shall establish procedures for the
collection of the member's share of the premium for coverage by the
dental insurance plan. To the extent that the Secretary determines
practicable, a member's share may be deducted and withheld from the
basic pay payable to the member for inactive duty training and from the
basic pay payable to the member for active duty.''.
(b) Retiree Dental Insurance.--Paragraph (2) of section 1076c(c) of
title 10, United States Code, is amended by striking out ``(2) The
amount of the premiums'' and inserting in lieu thereof ``(2) The
Secretary of Defense shall establish procedures for the collection of
the premiums charged for coverage by the dental insurance plan. To the
extent that the Secretary determines practicable, the premiums''.
SEC. 706. DENTAL INSURANCE PLAN COVERAGE FOR RETIREES OF UNIFORMED
SERVICE IN THE PUBLIC HEALTH SERVICE AND NOAA.
(a) Officials Responsible.--Subsection (a) of section 1076c of
title 10, United States Code, is amended by striking out ``Secretary of
Defense'' and inserting in lieu thereof ``administering Secretaries''.
(b) Eligibility.--Subsection (b)(1) of such section is amended by
striking out ``Armed Forces'' and inserting in lieu thereof ``uniformed
services''.
SEC. 707. PROSTHETIC DEVICES FOR DEPENDENTS.
(a) Expanded Authority.--Section 1077(a) of title 10, United States
Code, is amended by adding at the end the following:
``(15) Artificial limbs, voice prostheses, and artificial
eyes.
``(16) Any prosthetic device not named in paragraph (15)
that is determined under regulations prescribed by the
Secretary of Defense to be necessary because of one or more
significant impairments resulting from trauma, congenital
anomaly, or disease.''.
(b) Conforming Amendment.--Paragraph (2) of subsection (b) of such
section is amended to read as follows:
``(2) Hearing aids, orthopedic footwear, and spectacles,
except that such items may be sold, at the cost to the United
States, to dependents outside the United States and at stations
inside the United States where adequate civilian facilities are
unavailable.''.
SEC. 708. SENSE OF CONGRESS REGARDING QUALITY HEALTH CARE FOR RETIREES.
(a) Findings.--Congress makes the following findings:
(1) Many retired military personnel believe that they were
promised lifetime health care in exchange for 20 or more years
of service.
(2) Military retirees are the only Federal Government
personnel who have been prevented from using their employer-
provided health care at or after 65 years of age.
(3) Military health care has become increasingly difficult
to obtain for military retirees as the Department of Defense
reduces its health care infrastructure.
(4) Military retirees deserve to have a health care program
at least comparable with that of retirees from civilian
employment by the Federal Government.
(5) The availability of quality, lifetime health care is a
critical recruiting incentive for the Armed Forces.
(6) Quality health care is a critical aspect of the quality
of life of the men and women serving in the Armed Forces.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States has incurred a moral obligation to
provide health care to retirees from service in the Armed
Forces;
(2) it is, therefore, necessary to provide quality,
affordable health care to such retirees; and
(3) Congress and the President should take steps to address
the problems associated with health care for such retirees
within two years after the date of the enactment of this Act.
SEC. 709. CHIROPRACTIC HEALTH CARE DEMONSTRATION PROGRAM.
(a) Two-Year Extension.--Subsection (b) of section 731 of the
National Defense Authorization Act for Fiscal Year 1995 (Public Law
103-337; 108 Stat. 2809; 10 U.S.C. 1092 note) is amended by striking
out ``1997'' and inserting in lieu thereof ``1999''.
(b) Expansion to at Least Three Additional Treatment Facilities.--
Subsection (a)(2) of such section is amended by striking out ``not less
than 10'' and inserting in lieu thereof ``the National Naval Medical
Center, the Walter Reed Army Medical Center, and not less than 11
other''
(c) Reports.--Subsection (c) of such section is amended--
(1) in paragraph (1), by striking out ``Committees on Armed
Services of the Senate and'' and inserting in lieu thereof
``Committee on Armed Services of the Senate and the Committee
on National Security of'';
(2) by redesignating paragraph (3) as paragraph (4);
(3) by inserting after paragraph (2) the following new
paragraph (3):
``(3)(A) Not later than January 30, 1998, the Secretary of Defense
shall submit to the committees referred to in paragraph (1) a report
that identifies the additional treatment facilities designated to
furnish chiropractic care under the program that were not so designated
before the report required by paragraph (1) was prepared, together with
the plan for the conduct of the program at the additional treatment
facilities.
``(B) Not later than May 1, 1998, the Secretary of Defense shall
modify the plan for evaluating the program submitted pursuant to
paragraph (2) in order to provide for the evaluation of the program at
all of the designated treatment facilities, including the treatment
facilities referred to in subparagraph (B).''; and
(4) in paragraph (4), as redesignated by paragraph (2), by striking
out ``The Secretary'' and inserting in lieu thereof ``Not later than
May 1, 2000, the Secretary''.
SEC. 710. AUTHORITY FOR AGREEMENT FOR USE OF MEDICAL RESOURCE FACILITY,
ALAMAGORDO, NEW MEXICO.
(a) Authority.--The Secretary of the Air Force may enter into an
agreement with Gerald Champion Hospital, Alamagordo, New Mexico (in
this section referred to as the ``Hospital''), providing for the
Secretary to furnish health care services to eligible individuals in a
medical resource facility in Alamagordo, New Mexico, that is
constructed, in part, using funds provided by the Secretary under the
agreement.
(b) Content of Agreement.--Any agreement entered into under
subsection (a) shall, at a minimum, specify the following:
(1) The relationship between the Hospital and the Secretary
in the provision of health care services to eligible
individuals in the facility, including--
(A) whether or not the Secretary and the Hospital
is to use and administer the facility jointly or
independently; and
(B) under what circumstances the Hospital is to act
as a provider of health care services under the TRICARE
managed care program.
(2) Matters relating to the administration of the
agreement, including--
(A) the duration of the agreement;
(B) the rights and obligations of the Secretary and
the Hospital under the agreement, including any
contracting or grievance procedures applicable under
the agreement;
(C) the types of care to be provided to eligible
individuals under the agreement, including the cost to
the Department of the Air Force of providing the care
to eligible individuals during the term of the
agreement;
(D) the access of Air Force medical personnel to
the facility under the agreement;
(E) the rights and responsibilities of the
Secretary and the Hospital upon termination of the
agreement; and
(F) any other matters jointly identified by the
Secretary and the Hospital.
(3) The nature of the arrangement between the Secretary and
the Hospital with respect to the ownership of the facility and
any property under the agreement, including--
(A) the nature of that arrangement while the
agreement is in force;
(B) the nature of that arrangement upon termination
of the agreement; and
(C) any requirement for reimbursement of the
Secretary by the Hospital as a result of the
arrangement upon termination of the agreement.
(4) The amount of the funds available under subsection (c)
that the Secretary is to contribute for the construction and
equipping of the facility.
(5) Any conditions or restrictions relating to the
construction, equipping, or use of the facility.
(c) Availability of Funds for Construction and Equipping of
Facility.--Of the amount authorized to be appropriated by section
301(21), not more than $7,000,000 may be available for the contribution
of the Secretary referred to in subsection (b)(4) to the construction
and equipping of the facility described in subsection (a).
(d) Notice and Wait.--The Secretary may not enter into the
agreement authorized by subsection (a) until 90 days after the
Secretary submits to the congressional defense committees a report
describing the agreement. The report shall set forth the memorandum of
agreement under subsection (b), the results of a cost-benefit analysis
conducted by the Secretary with respect to the agreement, and such
other information with respect to the agreement as the Secretary
considers appropriate.
(e) Eligible Individual Defined.--In this section, the term
``eligible individual'' means any individual eligible for medical and
dental care under chapter 55 of title 10, United States Code, including
any individual entitled to such care under section 1074(a) of that
title.
SEC. 711. STUDY CONCERNING THE PROVISION OF COMPARATIVE INFORMATION.
(a) Study.--The Secretary of Defense shall conduct a study
concerning the provision of the information described in subsection (b)
to beneficiaries under the TRICARE program established under the
authority of chapter 55 of title 10, United States Code, and prepare
and submit to the appropriate committees of Congress a report
concerning such study.
(b) Provision of Comparative Information.--Information described in
this subsection, with respect to a managed care entity that contracts
with the Secretary of Defense to provide medical assistance under the
program described in subsection (a), shall include the following:
(1) Benefits.--The benefits covered by the entity involved,
including--
(A) covered items and services beyond those
provided under a traditional fee-for-service program;
(B) any beneficiary cost sharing; and
(C) any maximum limitations on out-of-pocket
expenses.
(2) Premiums.--The net monthly premium, if any, under the
entity.
(3) Service area.--The service area of the entity.
(4) Quality and performance.--To the extent available,
quality and performance indicators for the benefits under the
entity (and how they compare to such indicators under the
traditional fee-for-service programs in the area involved),
including--
(A) disenrollment rates for enrollees electing to
receive benefits through the entity for the previous 2
years (excluding disenrollment due to death or moving
outside the service area of the entity);
(B) information on enrollee satisfaction;
(C) information on health process and outcomes;
(D) grievance procedures;
(E) the extent to which an enrollee may select the
health care provider of their choice, including health
care providers within the network of the entity and
out-of-network health care providers (if the entity
covers out-of-network items and services); and
(F) an indication of enrollee exposure to balance
billing and the restrictions on coverage of items and
services provided to such enrollee by an out-of-network
health care provider.
(5) Supplemental benefits options.--Whether the entity
offers optional supplemental benefits and the terms and
conditions (including premiums) for such coverage.
(6) Physician compensation.--An overall summary description
as to the method of compensation of participating physicians.
Subtitle B--Uniformed Services Treatment Facilities
SEC. 731. IMPLEMENTATION OF DESIGNATED PROVIDER AGREEMENTS FOR
UNIFORMED SERVICES TREATMENT FACILITIES.
(a) Commencement of Health Care Services under Agreement.--
Subsection (c) of section 722 of the National Defense Authorization Act
for fiscal year 1997 (Public Law 104-201; 10 U.S.C. 1073 note) is
amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B);
(2) by inserting ``(1)'' before ``Unless''; and
(3) by adding at the end the following new paragraph:
``(2) The Secretary may modify the effective date
established under paragraph (1) for an agreement to permit a
transition period of not more than six months between the date
on which the agreement is executed by the parties and the date
on which the designated provider commences the delivery of
health care services under the agreement.''.
(b) Temporary Continuation of Existing Participation Agreements.--
Subsection (d) of such section is amended by inserting before the
period at the end the following: ``, including any transitional period
provided by the Secretary under paragraph (2) of such subsection''.
(c) Arbitration.--Subsection (c) of such section is further amended
by adding at the end the following new paragraph:
``(3) In the case of a designated provider whose service
area has a managed care support contract implemented under the
TRICARE program as of September 23, 1996, the Secretary and the
designated provider shall submit to binding arbitration if the
agreement has not been executed by October 1, 1997. The
arbitrator, mutually agreed upon by the Secretary and the
designated provider, shall be selected from the American
Arbitration Association. The arbitrator shall develop an
agreement that shall be executed by the Secretary and the
designated provider by January 1, 1998. Notwithstanding
paragraph (1), the effective date for such agreement shall be
not more than six months after the date on which the agreement
is executed.''.
(d) Contracting Out of Primary Care Services.--Subsection (f)(2) of
such section is amended by inserting at the end the following new
sentence: ``Such limitation on contracting out primary care services
shall only apply to contracting out to a health maintenance
organization, or to a licensed insurer that is not controlled directly
or indirectly by the designated provider, except in the case of primary
care contracts between a designated provider and a contractor in force
as of September 23, 1996. Subject to the overall enrollment restriction
under section 724 and limited to the historical service area of the
designated provider, professional service agreements or independent
contractor agreements with primary care physicians or groups of primary
care physicians, however organized, and employment agreements with such
physicians shall not be considered to be the type of contracts that are
subject to the limitation of this subsection, so long as the designated
provider itself remains at risk under its agreement with the Secretary
in the provision of services by any such contracted physicians or
groups of physicians.''.
(e) Uniform Benefit.--Section 723(b) of the National Defense
Authorization Act for fiscal year 1997 (Public Law 104-201; 10 U.S.C.
1073 note) is amended--
(1) in subsection (1), by inserting before the period at
the end the following: ``, subject to any modification to the
effective date the Secretary may provide pursuant to section
722(c)(2)'', and
(2) in subsection (2), by inserting before the period at
the end the following: '', or the effective date of agreements
negotiated pursuant to section 722(c)(3)''.
SEC. 732. LIMITATION ON TOTAL PAYMENTS.
Section 726(b) of the National Defense Authorization Act for fiscal
year 1997 (Public Law 104-201; 10 U.S.C. 1073 note) is amended by
adding at the end the following new sentence: ``In establishing the
ceiling rate for enrollees with the designated providers who are also
eligible for the Civilian Health and Medical Program of the Uniformed
Services, the Secretary of Defense shall take into account the health
status of the enrollees.''.
SEC. 733. CONTINUED ACQUISITION OF REDUCED-COST DRUGS.
Section 722 of the National Defense Authorization Act for fiscal
year 1997 (Public Law 104-201; 10 U.S.C. 1073 note) is amended by
adding at the end the following new subsection:
``(g) Continued Acquisition of Reduced-Cost Drugs.--A designated
provider shall be treated as part of the Department of Defense for
purposes of section 8126 of title 38, United States Code, in connection
with the provision by the designated provider of health care services
to covered beneficiaries pursuant to the participation agreement of the
designated provider under section 718(c) of the National Defense
Authorization Act for fiscal year 1991 (Public Law 101-510; 42 U.S.C.
248c note) or pursuant to the agreement entered into under subsection
(b).''.
Subtitle C--Persian Gulf Illnesses
SEC. 751. DEFINITIONS.
For purposes of this subtitle:
(1) The term ``Gulf War illness'' means any one of the
complex of illnesses and symptoms that might have been
contracted by members of the Armed Forces as a result of
service in the Southwest Asia theater of operations during the
Persian Gulf War.
(2) The term ``Persian Gulf War'' has the meaning given
that term in section 101 of title 38, United States Code.
(3) The term ``Persian Gulf veteran'' means an individual
who served on active duty in the Armed Forces in the Southwest
Asia theater of operations during the Persian Gulf War.
(4) The term ``contingency operation'' has the meaning
given that term in section 101(a) of title 10, United States
Code, and includes a humanitarian operation, peacekeeping
operation, or similar operation.
SEC. 752. PLAN FOR HEALTH CARE SERVICES FOR PERSIAN GULF VETERANS.
(a) Plan Required.--The Secretary of Defense and the Secretary of
Veterans Affairs, acting jointly, shall prepare a plan to provide
appropriate health care to Persian Gulf veterans (and their dependents)
who suffer from a Gulf War illness.
(b) Content of Plan.--In preparing the plan, the Secretaries
shall--
(1) use the presumptions of service connection and illness
specified in paragraphs (1) and (2) of section 721(d) of the
National Defense Authorization Act for Fiscal Year 1995 (Public
Law 103-337; 10 U.S.C. 1074 note) to determine the Persian Gulf
veterans (and the dependents of Persian Gulf veterans) who
should be covered by the plan;
(2) consider the need and methods available to provide
health care services to Persian Gulf veterans who are no longer
on active duty in the Armed Forces, such as Persian Gulf
veterans who are members of the reserve components and Persian
Gulf veterans who have been separated from the Armed Forces;
and
(3) estimate the costs to the Government of providing full
or partial health care services under the plan to covered
Persian Gulf veterans (and their covered dependents).
(c) Followup Treatment.--The plan required by subsection (a) shall
specifically address the measures to be used to monitor the quality,
appropriateness, and effectiveness of, and patient satisfaction with,
health care services provided to Persian Gulf veterans after their
initial medical examination as part of registration in the Persian Gulf
War Veterans Health Registry or the Comprehensive Clinical Evaluation
Program.
(d) Submission of Plan.--Not later than March 15, 1998, the
Secretaries shall submit to Congress the plan required by subsection
(a).
SEC. 753. IMPROVED MEDICAL TRACKING SYSTEM FOR MEMBERS DEPLOYED
OVERSEAS IN CONTINGENCY OR COMBAT OPERATIONS.
(a) System Required.--Chapter 55 of title 10, United States Code,
is amended by inserting after section 1074d the following new section:
``Sec. 1074e. Medical tracking system for members deployed overseas
``(a) System Required.--The Secretary of Defense shall establish a
system to assess the medical condition of members of the armed forces
(including members of the reserve components) who are deployed outside
the United States or its territories or possessions as part of a
contingency operation (including a humanitarian operation, peacekeeping
operation, or similar operation) or combat operation.
``(b) Elements of System.--The system shall include the use of
predeployment medical examinations and postdeployment medical
examinations (including an assessment of mental health and the drawing
of blood samples) to accurately record the medical condition of members
before their deployment and any changes in their medical condition
during the course of their deployment. The postdeployment examination
shall be conducted when the member is redeployed or otherwise leaves an
area in which the system is in operation (or as soon as possible
thereafter).
``(c) Recordkeeping.--The Secretary of Defense shall submit to
Congress not later than March 15, 1998, a plan to ensure that the
results of all medical examinations conducted under the system, records
of all health care services (including immunizations) received by
members described in subsection (a) in anticipation of their deployment
or during the course of their deployment, and records of events
occurring in the deployment area that may affect the health of such
members shall be retained and maintained in a centralized location or
locations to improve future access to the records. The report shall
include a schedule for implementation of the plan completion within 2
years of enactment.
``(d) Quality Assurance.--The Secretary of Defense shall establish
a quality assurance program to evaluate the success of the system in
ensuring that members described in subsection (a) receive predeployment
medical examinations and postdeployment medical examinations and that
the recordkeeping requirements are met.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1074d the following new item:
``1074e. Medical tracking system for members deployed overseas.''.
SEC. 754. REPORT ON PLANS TO TRACK LOCATION OF MEMBERS IN A THEATER OF
OPERATIONS.
Not later than March 1, 1998, the Secretary of Defense shall submit
to Congress a report containing a plan for collecting and maintaining
information regarding the daily location of units of the Armed Forces,
and to the extent practicable individual members of such units, serving
in a theater of operations during a contingency operation or combat
operation.
SEC. 755. REPORT ON PLANS TO IMPROVE DETECTION AND MONITORING OF
CHEMICAL, BIOLOGICAL, AND ENVIRONMENTAL HAZARDS IN A
THEATER OF OPERATIONS.
Not later than March 1, 1998, the Secretary of Defense shall submit
to Congress a report containing a plan regarding the deployment, in a
theater of operations during a contingency operation or combat
operation, of a specialized unit of the Armed Forces with the
capability and expertise to detect and monitor the presence of chemical
hazards, biological hazards, and environmental hazards to which members
of the Armed Forces may be exposed.
SEC. 756. NOTICE OF USE OF DRUGS UNAPPROVED FOR THEIR INTENDED USAGE.
(a) Notice Requirements.--Chapter 55 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 1107. Notice of use of investigational new drugs
``(a) Notice Required.--(1) Whenever the Secretary of Defense
requests or requires a member of the armed forces to receive a drug
unapproved for its intended use, the Secretary shall provide the member
with notice containing the information specified in subsection (d).
``(2) The Secretary shall also ensure that medical care providers
who administer a drug unapproved for its intended use or who are likely
to treat members who receive such a drug receive the information
required to be provided under paragraphs (3) and (4) of subsection (d).
``(b) Time for Notice.--The notice required to be provided to a
member under subsection (a)(1) shall be provided before the drug is
first administered to the member, if practicable, but in no case later
than 30 days after the drug is first administered to the member.
``(c) Form of Notice.--The notice required under subsection (a)(1)
shall be provided in writing unless the Secretary of Defense determines
that the use of written notice is impractical because of the number of
members receiving the unapproved drug, time constraints, or similar
reasons. If the Secretary provides notice under subsection (a)(1) in a
form other than in writing, the Secretary shall submit to Congress a
report describing the notification method used and the reasons for the
use of the alternative method.
``(d) Content of Notice.--The notice required under subsection
(a)(1) shall include the following:
``(1) Clear notice that the drug being administered has not
been approved for its intended usage.
``(2) The reasons why the unapproved drug is being
administered.
``(3) Information regarding the possible side effects of
the unapproved drug, including any known side effects possible
as a result of the interaction of the drug with other drugs or
treatments being administered to the members receiving the
drug.
``(4) Such other information that, as a condition for
authorizing the use of the unapproved drug, the Secretary of
Health and Human Services may require to be disclosed.
``(e) Records of Use.--The Secretary of Defense shall ensure that
the medical records of members accurately document the receipt by
members of any investigational new drug and the notice required by
subsection (d).
``(f) Definition.--In this section, the term `investigational new
drug' means a drug covered by section 505(i) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355(i)).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1107. Notice of use of drugs unapproved for their intended usage.''.
SEC. 757. REPORT ON EFFECTIVENESS OF RESEARCH EFFORTS REGARDING GULF
WAR ILLNESSES.
Not later than March 1, 1998, the Secretary of Defense shall submit
to Congress a report evaluating the effectiveness of medical research
initiatives regarding Gulf War illnesses. The report shall address the
following:
(1) The type and effectiveness of previous research
efforts, including the activities undertaken pursuant to
section 743 of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 10 U.S.C. 1074 note),
section 722 of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 10 U.S.C. 1074 note), and
sections 270 and 271 of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1613).
(2) Recommendations regarding additional research regarding
Gulf War illnesses, including research regarding the nature and
causes of Gulf War illnesses and appropriate treatments for
such illnesses.
(3) The adequacy of Federal funding and the need for
additional funding for medical research initiatives regarding
Gulf War illnesses.
SEC. 758. PERSIAN GULF ILLNESS CLINICAL TRIALS PROGRAM.
(a) Findings.--Congress finds the following:
(1) There are many ongoing studies that investigate risk
factors which may be associated with the health problems
experienced by Persian Gulf veterans; however, there have been
no studies that examine health outcomes and the effectiveness
of the treatment received by such veterans.
(2) The medical literature and testimony presented in
hearings on Gulf War illnesses indicate that there are
therapies, such as cognitive behavioral therapy, that have been
effective in treating patients with symptoms similar to those
seen in many Persian Gulf veterans.
(b) Establishment of Program.--The Secretary of Defense and the
Secretary of Veterans Affairs, acting jointly, shall establish a
program of cooperative clinical trials at multiple sites to assess the
effectiveness of protocols for treating Persian Gulf veterans who
suffer from ill-defined or undiagnosed conditions. Such protocols shall
include a multidisciplinary treatment model, of which cognitive
behavioral therapy is a component.
(c) Funding.--Of the amount authorized to be appropriated in
section 201(1), the sum of $4,500,000 shall be available for program
element 62787A (medical technology) in the budget of the Department of
Defense for fiscal year 1998 to carry out the clinical trials program
established pursuant to subsection (b).
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 801. STREAMLINED APPROVAL REQUIREMENTS FOR CONTRACTS UNDER
INTERNATIONAL AGREEMENTS.
Section 2304(f)(2)(E) of title 10, United States Code, is amended
by striking out ``and such document is approved by the competition
advocate for the procuring activity''.
SEC. 802. RESTRICTION ON UNDEFINITIZED CONTRACT ACTIONS.
(a) Applicability of Waiver Authority to Humanitarian or
Peacekeeping Operations.--Section 2326(b)(4) of title 10, United States
Code, is amended to read as follows:
``(4) The head of an agency may waive the provisions of this
subsection with respect to a contract of that agency if that head of an
agency determines that the waiver is necessary in order to support any
of the following operations:
``(A) A contingency operation.
``(B) A humanitarian or peacekeeping operation.''.
(b) Humanitarian or Peacekeeping Operation Defined.--Section
2302(7) of such title is amended--
(1) by striking out ``(7)(A)'' and inserting in lieu
thereof ``(7)''; and
(2) by striking out ``(B) In subparagraph (A), the'' and
inserting in lieu thereof ``(8) The''.
SEC. 803. EXPANSION OF AUTHORITY TO CROSS FISCAL YEARS TO ALL SEVERABLE
SERVICE CONTRACTS NOT EXCEEDING A YEAR.
(a) Expanded Authority.--Section 2410a of title 10, United States
Code, is amended to read as follows:
``Sec. 2410a. Severable service contracts for periods crossing fiscal
years
``(a) Authority.--The Secretary of Defense or the Secretary of a
military department may enter into a contract for procurement of
severable services for a period that begins in one fiscal year and ends
in the next fiscal year if (without regard to any option to extend the
period of the contract) the contract period does not exceed one year.
``(b) Obligation of Funds.--Funds made available for a fiscal year
may be obligated for the total amount of a contract entered into under
the authority of subsection (a).''.
(b) Clerical Amendment.--The item relating to such section in the
table of sections at the beginning of chapter 141 of such title is
amended to read as follows:
``2410a. Severable service contracts for periods crossing fiscal
years.''.
SEC. 804. LIMITATION ON ALLOWABILITY OF COMPENSATION FOR CERTAIN
CONTRACTOR PERSONNEL.
(a) Certain Compensation Not Allowable as Costs Under Defense
Contracts.--(1) Subsection (e)(1) of section 2324 of title 10, United
States Code, is amended by adding at the end the following:
``(P) Costs of compensation of senior executives of
contractors for a fiscal year, to the extent that such
compensation exceeds the benchmark compensation amount
determined applicable for the fiscal year by the Administrator
for Federal Procurement Policy under section 39 of the Office
of Federal Procurement Policy Act (41 U.S.C. 435).''.
(2) Subsection (l) of such section is amended by adding at the end
the following:
``(4) The term `compensation', for a fiscal year, means the
total amount of wages, salary, bonuses and deferred
compensation for the fiscal year, whether paid, earned, or
otherwise accruing, as recorded in an employer's cost
accounting records for the fiscal year.
``(5) The term `senior executive', with respect to a
contractor, means--
``(A) the chief executive officer of the contractor
or any individual acting in a similar capacity for the
contractor;
``(B) the five most highly compensated employees in
management positions of the contractor other than the
chief executive officer; and
``(C) in the case of a contractor that has
components managed by personnel who report on the
operations of the components directly to officers of
the contractor, the five most highly compensated
individuals in management positions at each such
component.''.
(b) Certain Compensation Not Allowable as Costs Under Non-Defense
Contracts.--(1) Subsection (e)(1) of section 306 of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C. 256) is
amended by adding at the end the following:
``(P) Costs of compensation of senior executives of
contractors for a fiscal year, to the extent that such
compensation exceeds the benchmark compensation amount
determined applicable for the fiscal year by the Administrator
for Federal Procurement Policy under section 39 of the Office
of Federal Procurement Policy Act (41 U.S.C. 435).''.
(2) Such section is further amended by adding at the end the
following:
``(m) Other Definitions.--In this section:
``(1) The term `compensation', for a fiscal year, means the
total amount of wages, salary, bonuses and deferred
compensation for the fiscal year, whether paid, earned, or
otherwise accruing, as recorded in an employer's cost
accounting records for the fiscal year.
``(2) The term `senior executive', with respect to a
contractor, means--
``(A) the chief executive officer of the contractor
or any individual acting in a similar capacity for the
contractor;
``(B) the five most highly compensated employees in
management positions of the contractor other than the
chief executive officer; and
``(C) in the case of a contractor that has
components managed by personnel who report on the
operations of the components directly to officers of
the contractor, the five most highly compensated
individuals in management positions at each such
component.''.
(c) Levels of Compensation Not Allowable.--(1) The Office of
Federal Procurement Policy Act (41 U.S.C. 401 et seq.) is amended by
adding at the end the following:
``SEC. 39. LEVELS OF COMPENSATION OF CERTAIN CONTRACTOR PERSONNEL NOT
ALLOWABLE AS COSTS UNDER CERTAIN CONTRACTS.
``(a) Determination Required.--For purposes of section
2324(e)(1)(P) of title 10, United States Code, and section 306(e)(1)(P)
of the Federal Property and Administrative Services Act of 1949 (41
U.S.C. 256(e)(1)(P)), the Administrator shall review commercially
available surveys of executive compensation and, on the basis of the
results of the review, determine a benchmark compensation amount to
apply for each fiscal year. In making determinations under this
subsection the Administrator shall consult with the Director of the
Defense Contract Audit Agency and such other officials of executive
agencies as the Administrator considers appropriate.
``(b) Benchmark Compensation Amount.--The benchmark compensation
amount applicable for a fiscal year is the median amount of the
compensation provided for all senior executives of all benchmark
corporations for the most recent year for which data is available at
the time the determination under subsection (a) is made.
``(c) Definitions.--In this section:
``(1) The term `compensation', for a year, means the total
amount of wages, salary, bonuses and deferred compensation for
the year, whether paid, earned, or otherwise accruing, as
recorded in an employer's cost accounting records for the year.
``(2) The term `senior executive', with respect to a
corporation, means--
``(A) the chief executive officer of the
corporation or any individual acting in a similar
capacity for the corporation;
``(B) the five most highly compensated employees in
management positions of the corporation other than the
chief executive officer; and
``(C) in the case of a corporation that has
components managed by personnel who report on the
operations of the components directly to officers of
the corporation, the five most highly compensated
individuals in management positions at each such
component.
``(3) The term `benchmark corporation', with respect to a
year, means a publicly-owned United States corporation that has
annual sales in excess of $50,000,000 for the year.
``(4) The term `publicly-owned United States corporation'
means a corporation organized under the laws of a State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, or a possession of the United States the voting
stock of which is publicly traded.''.
(2) The table of sections in section 1(b) of such Act is amended by
adding at the end the following:
``Sec. 39. Levels of compensation of certain contractor personnel not
allowable as costs under certain
contracts.''.
(d) Regulations.--Regulations implementing the amendments made by
this section shall be published in the Federal Register not later than
the effective date of the amendments under subsection (e).
(e) Effective Date.--(1) The amendments made by this section shall
take effect on the date that is 90 days after the date of the enactment
of this Act and shall apply with respect to payments that become due
from the United States after that date under covered contracts entered
into before, on, or after that date.
(2) In paragraph (1), the term ``covered contract'' has the meaning
given such term in section 2324(l) of title 10, United States Code, and
section 306(l) of the Federal Property and Administrative Services Act
of 1949 (41 U.S.C. 256(l)).
SEC. 805. INCREASED PRICE LIMITATION ON PURCHASES OF RIGHT-HAND DRIVE
VEHICLES.
Section 2253(a)(2) of title 10, United States Code, is amended by
striking out ``$12,000'' and inserting in lieu thereof ``$30,000''.
SEC. 806. CONVERSION OF DEFENSE CAPABILITY PRESERVATION AUTHORITY TO
NAVY SHIPBUILDING CAPABILITY PRESERVATION AUTHORITY.
(a) Authority of Secretary of the Navy.--Section 808 of the
National Defense Authorization Act for Fiscal Year 1996 (Public Law
104-106; 110 Stat. 393; 10 U.S.C. 2501) is amended--
(1) in subsection (a), by striking out ``Secretary of
Defense'' and inserting in lieu thereof ``Secretary of the
Navy''; and
(2) in subsection (b)(2), by striking out ``Secretary of
Defense if the Secretary of Defense'' and inserting in lieu
thereof ``Secretary of the Navy if the Secretary''.
(b) Name of Agreements.--Subsection (a) of such section is
amended--
(1) by striking out ``Defense Capability Preservation
Agreement.--'' and inserting in lieu thereof ``Shipbuilding
Capability Preservation Agreement.--''; and
(2) by striking out ```defense capability preservation
agreement''' and inserting in lieu thereof ```shipbuilding
capability preservation agreement'''.
(c) Scope of Authority.--(1) The first sentence of subsection (a)
of such section is amended--
(A) by striking out ``defense contractor'' and inserting in
lieu thereof ``shipbuilder''; and
(B) by adding at the end the following ``to the shipbuilder
under a Navy contract for the construction of a ship''.
(2) Subsection (b)(1)(A) of such section is amended by striking out
``defense contract'' and inserting in lieu thereof ``contract for the
construction of a ship for the Navy''.
(d) Maximum Amount of Allocable Indirect Costs.--Subsection
(b)(1)(C) of such section is amended--
(1) by striking out ``in any year of'' and inserting in
lieu thereof ``covered by''; and
(2) by striking out ``that year'' and inserting in lieu
thereof ``the period covered by the agreement''.
(e) Applicability.--Such section is further amended by striking out
subsections (c), (d), and (e) and inserting in lieu thereof the
following:
``(c) Applicability.--(1) An agreement entered into with a
shipbuilder under subsection (a) shall apply to each of the following
Navy contracts with the shipbuilder:
``(A) A contract that is in effect on the date on which the
agreement is entered into.
``(B) A contract that is awarded during the term of the
agreement.
``(2) In a shipbuilding capability preservation agreement
applicable to a shipbuilder, the Secretary may agree to apply the cost
reimbursement rules set forth in subsection (b) to allocations of
indirect costs to private sector work performed by the shipbuilder only
with respect to costs that the shipbuilder incurred on or after the
date of the enactment of the National Defense Authorization Act for
Fiscal Year 1998 under a contract between the shipbuilder and a private
sector customer of the shipbuilder that became effective on or after
January 26, 1996.''.
(f) Implementation and Report.--Such section is further amended
adding at the end the following:
``(d) Implementation.--Not later than 30 days after the date of the
enactment of the National Defense Authorization Act for Fiscal Year
1998, the Secretary of the Navy shall establish application procedures
and procedures for expeditious consideration of shipbuilding capability
preservation agreements as authorized by this section.
``(e) Report.--Not later than February 15, 1998, the Secretary of
the Navy shall submit to the congressional defense committees a report
on applications for shipbuilding capability preservation agreements.
The report shall contain the number of the applications received, the
number of the applications approved, and a discussion of the reasons
for disapproval of any applications disapproved.''.
(g) Section Heading.--The heading for such section is amended by
striking out ``defense'' and inserting in lieu thereof ``certain''.
SEC. 807. ELIMINATION OF CERTIFICATION REQUIREMENT FOR GRANTS.
Section 5153 of the Drug-Free Workplace Act of 1988 (Public Law
100-690; 102 Stat. 4306; 41 U.S.C. 702) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking out ``has
certified to the granting agency that it will'' and
inserting in lieu thereof ``agrees to''; and
(B) in paragraph (2), by striking out ``certifies
to the agency'' and inserting in lieu thereof
``agrees''; and
(2) in subsection (b)(1)--
(A) by striking out subparagraph (A);
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively; and
(C) in subparagraph (A), as so redesignated, by
striking out ``such certification by failing to carry
out''.
SEC. 808. REPEAL OF LIMITATION ON ADJUSTMENT OF SHIPBUILDING CONTRACTS.
(a) Repeal.--(1) Section 2405 of title 10, United States Code, is
repealed.
(2) The table of sections at the beginning of chapter 141 of such
title is amended by striking out the item relating to section 2405.
(b) Applicability.--(1) Except as provided in paragraph (2), the
amendments made by subsection (a) shall apply to claims, requests for
equitable adjustment, and demands for payment under shipbuilding
contracts that have been or are submitted before, on, or after the date
of the enactment of this Act.
(2) Section 2405 of title 10, United States Code, as in effect
immediately before the date of the enactment of this Act, shall
continue to apply to a contractor's claim, request for equitable
adjustment, or demand for payment under a shipbuilding contract that
was submitted before such date if--
(A) a contracting officer denied the claim, request, or
demand, and the period for appealing the decision to a court or
board under the Contract Disputes Act of 1978 expired before
such date;
(B) a court or board of contract appeals considering the
claim, request, or demand (including any appeal of a decision
of a contracting officer to deny or dismiss the claim, request,
or demand) denied the claim, request, or demand (or the
appeal), and the action of the court or board became final and
unappealable before such date; or
(C) the contractor released or releases the claim, request,
or demand.
SEC. 809. BLANKET WAIVER OF CERTAIN DOMESTIC SOURCE REQUIREMENTS FOR
FOREIGN COUNTRIES WITH CERTAIN COOPERATIVE OR RECIPROCAL
RELATIONSHIPS WITH THE UNITED STATES.
(a) Authority.--(1) Section 2534 of title 10, United States Code,
is amended by adding at the end the following:
``(i) Waiver Generally Applicable to a Country.--The Secretary of
Defense shall waive the limitation in subsection (a) with respect to a
foreign country generally if the Secretary determines that the
application of the limitation with respect to that country would impede
cooperative programs entered into between the Department of Defense and
the foreign country, or would impede the reciprocal procurement of
defense items entered into under section 2531 of this title, and the
country does not discriminate against defense items produced in the
United States to a greater degree than the United States discriminates
against defense items produced in that country.''.
(2) The amendment made by paragraph (1) shall apply with respect
to--
(A) contracts entered into on or after the date of the
enactment of this Act; and
(B) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if those option prices are adjusted for any reason
other than the application of a waiver granted under subsection
(i) of section 2534 of title 10, United States Code (as added
by paragraph (1)).
(b) Conforming Amendment.--The heading of subsection (d) of such
section is amended by inserting ``for Particular Procurements'' after
``Waiver Authority''.
Subtitle B--Contract Provisions
SEC. 811. CONTRACTOR GUARANTEES OF MAJOR SYSTEMS.
(a) Revision of Requirement.--Section 2403 of title 10, United
States Code, is amended to read as follows:
``Sec. 2403. Major systems: contractor guarantees
``(a) Guarantee Required.--In any case in which the head of an
agency determines that it is appropriate and cost effective to do so in
entering into a contract for the production of a major system, the head
of an agency shall, except as provided in subsection (b), require the
prime contractor to provide the United States with a written guarantee
that--
``(1) the item provided under the contract will conform to
the design and manufacturing requirements specifically
delineated in the production contract (or in any amendment to
that contract);
``(2) the item provided under the contract will be free
from all defects in materials and workmanship at the time it is
delivered to the United States;
``(3) the item provided under the contract will conform to
the essential performance requirements of the item as
specifically delineated in the production contract (or in any
amendment to that contract); and
``(4) if the item provided under the contract fails to meet
a guarantee required under paragraph (1), (2), or (3), the
contractor will, at the election of the Secretary of Defense or
as otherwise provided in the contract--
``(A) promptly take such corrective action as may
be necessary to correct the failure at no additional
cost to the United States; or
``(B) pay costs reasonably incurred by the United
States in taking such corrective action.
``(b) Exception.--The head of an agency may not require a prime
contractor under subsection (a) to provide a guarantee for a major
system, or for a component of a major system, that is furnished by the
United States.
``(c) Definitions.--In this section:
``(1) The term `prime contractor' means a party that enters
into an agreement directly with the United States to furnish
part or all of a major system.
``(2) The term `design and manufacturing requirements'
means structural and engineering plans and manufacturing
particulars, including precise measurements, tolerances,
materials, and finished product tests for the major system
being produced.
``(3) The term `essential performance requirements', with
respect to a major system, means the operating capabilities or
maintenance and reliability characteristics of the system that
are determined by the Secretary of Defense to be necessary for
the system to fulfill the military requirement for which the
system is designed.
``(4) The term `component' means any constituent element of
a major system.
``(5) The term `head of an agency' has the meaning given
that term in section 2302 of this title.''.
(b) Clerical Amendment.--The item relating to such section in the
table of sections at the beginning of chapter 141 of such title is
amended to read as follows:
``2403. Major systems: contractor guarantees.''.
SEC. 812. VESTING OF TITLE IN THE UNITED STATES UNDER CONTRACTS PAID
UNDER PROGRESS PAYMENT ARRANGEMENTS OR SIMILAR
ARRANGEMENTS.
Section 2307 of title 10, United States Code, is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new
subsection (h):
``(h) Vesting of Title in the United States.--If a contract paid by
a method authorized under subsection (a)(1) provides for title to
property to vest in the United States, the title to the property shall
vest in accordance with the terms of the contract, regardless of any
security interest in the property that is asserted before or after the
contract is entered into.''.
Subtitle C--Acquisition Assistance Programs
SEC. 821. PROCUREMENT TECHNICAL ASSISTANCE PROGRAMS.
(a) Funding.--Of the amount authorized to be appropriated under
section 301(5), $12,000,000 shall be available for carrying out the
provisions of chapter 142 of title 10, United States Code.
(b) Specific Programs.--Of the amounts made available pursuant to
subsection (a), $600,000 shall be available for fiscal year 1998 for
the purpose of carrying out programs sponsored by eligible entities
referred to in subparagraph (D) of section 2411(1) of title 10, United
States Code, that provide procurement technical assistance in
distressed areas referred to in subparagraph (B) of section 2411(2) of
such title. If there is an insufficient number of satisfactory
proposals for cooperative agreements in such distressed areas to allow
effective use of the funds made available in accordance with this
subsection in such areas, the funds shall be allocated among the
Defense Contract Administration Services regions in accordance with
section 2415 of such title.
SEC. 822. ONE-YEAR EXTENSION OF PILOT MENTOR-PROTEGE PROGRAM.
Section 831(j) of the National Defense Authorization Act for Fiscal
Year 1991 (10 U.S.C. 2302 note) is amended--
(1) in paragraph (1), by striking out ``1998'' and
inserting in lieu thereof ``1999'';
(2) in paragraph (2), by striking out ``1999'' and
inserting in lieu thereof ``2000''; and
(3) in paragraph (3), by striking out ``1999'' and
inserting in lieu thereof ``2000''.
SEC. 823. TEST PROGRAM FOR NEGOTIATION OF COMPREHENSIVE SUBCONTRACTING
PLANS.
(a) Content of Subcontracting Plans.--Subsection (b)(2) of section
834 of the National Defense Authorization Act for Fiscal Years 1990 and
1991 (Public Law 101-189; 15 U.S.C. 637 note) is amended--
(1) by striking out ``plan--'' and inserting in lieu
thereof ``plan of a contractor--'';
(2) by striking out subparagraph (A);
(3) by redesignating subparagraph (B) as subparagraph (A)
and by striking out the period at the end of such subparagraph
and inserting in lieu thereof ``; and''; and
(4) by adding at the end the following:
``(B) shall cover each Department of Defense contract that
is entered into by the contractor and each subcontract that is
entered into by the contractor as the subcontractor under a
Department of Defense contract.''.
(b) Extension of Program.--Subsection (e) of such section is
amended by striking out ``September 30, 1998'' in the second sentence
and inserting in lieu thereof ``September 30, 2000.''.
SEC. 824. PRICE PREFERENCE FOR SMALL AND DISADVANTAGED BUSINESSES.
Section 2323(e)(3) of title 10, United States Code, is amended by--
(1) inserting ``(A)'' after ``(3)'';
(2) inserting ``, except as provided in (B),'' after ``the
head of an agency may'' in the first sentence; and
(3) adding at the end the following:
``(B) The Secretary of Defense may not exercise the authority under
subparagraph (A) to enter into a contract for a price exceeding fair
market cost in any fiscal year following a fiscal year in which the
Department of Defense attained the 5 percent goal required by
subsection (a).''.
Subtitle D--Administrative Provisions
SEC. 831. RETENTION OF EXPIRED FUNDS DURING THE PENDENCY OF CONTRACT
LITIGATION.
(a) In General.--Chapter 141 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2410m. Retention of amounts collected from contractor during the
pendency of contract dispute
``(a) Retention of Funds.--Notwithstanding sections 1552(a) and
3302(b) of title 31, any amount, including interest, collected from a
contractor as a result of a claim made by an executive agency under the
Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.), shall remain
available in accordance with this section to pay--
``(1) any settlement of the claim by the parties;
``(2) any judgment rendered in the contractor's favor on an
appeal of the decision on that claim to the Armed Services
Board of Contract Appeals under section 7 of such Act (41
U.S.C. 606); or
``(3) any judgment rendered in the contractor's favor in an
action on that claim in a court of the United States.
``(b) Period of Availability.--(1) The period of availability of an
amount under subsection (a), in connection with a claim--
``(A) expires 180 days after the expiration of the period
for bringing an action on that claim in the United States Court
of Federal Claims under section 10(a) of the Contract Disputes
Act of 1978 (41 U.S.C. 609(a)) if, within that 180-day period--
``(i) no appeal on the claim is commenced at the
Armed Services Board of Contract Appeals under section
7 of the Contract Disputes Act of 1978; and
``(ii) no action on the claim is commenced in a
court of the United States; or
``(B) if not expiring under subparagraph (A), expires--
``(i) in the case of a settlement of the claim, 180
days after the date of the settlement; or
``(ii) in the case of a judgment rendered on the
claim in an appeal to the Armed Services Board of
Contract Appeals under section 7 of the Contract
Disputes Act of 1978 or an action in a court of the
United States, 180 days after the date on which the
judgment becomes final and not appealable.
``(2) While available under this section, an amount may be
obligated or expended only for the purpose described in subsection (a).
``(3) Upon the expiration of the period of availability of an
amount under paragraph (1), the amount shall be deposited in the
Treasury as miscellaneous receipts.
``(c) Reporting Requirement.--Each year, the Under Secretary of
Defense (Comptroller) shall submit to Congress a report on the amounts,
if any, that are available for obligation pursuant to this section. The
report shall include, at a minimum, the following:
``(1) The total amount available for obligation.
``(2) The total amount collected from contractors during
the year preceding the year in which the report is submitted.
``(3) The total amount disbursed in such preceding year and
a description of the purpose for each disbursement.
``(4) The total amount returned to the Treasury in such
preceding year.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 141 of title 10, United States Code, is amended by adding at
the end the following new item:
``2410m. Retention of amounts collected from contractor during the
pendency of contract dispute.''.
SEC. 832. PROTECTION OF CERTAIN INFORMATION FROM DISCLOSURE.
Section 2371 of title 10, United States Code, is amended by
inserting after subsection (h) the following:
``(i) Protection of Certain Information From Disclosure.--(1)
Disclosure of information described in paragraph (2) is not required,
and may not be compelled, under section 552 of title 5 for five years
after the date on which the information is received by the Department
of Defense.
``(2)(A) Paragraph (1) applies to information described in
subparagraph (B) that is in the records of the Department of Defense if
the information was submitted to the department in a competitive or
noncompetitive process having the potential for resulting in an award,
to the party submitting the information, of a cooperative agreement
that includes a clause described in subsection (d) or another
transaction authorized under subsection (a).
``(B) The information referred to in subparagraph (A) is the
following:
``(i) A proposal, proposal abstract, and supporting
documents.
``(ii) A business plan submitted on a confidential basis.
``(iii) Technical information submitted on a confidential
basis.''.
SEC. 833. CONTENT OF LIMITED SELECTED ACQUISITION REPORTS.
Section 2432(h)(2) of title 10, United States Code, is amended--
(1) by striking out subparagraph (D); and
(2) by redesignating subparagraphs (E) and (F) as
subparagraphs (D) and (E), respectively.
SEC. 834. UNIT COST REPORTS.
(a) Immediate Report Required Only for Previously Unreported
Increased Costs.--Subsection (c) of section 2433 of title 10, United
States Code, is amended by striking out ``during the current fiscal
year (other than the last quarterly unit cost report under subsection
(b) for the preceding fiscal year)'' in the matter following paragraph
(3).
(b) Immediate Report Not Required for Cost Variances or Schedule
Variances of Major Contracts.--Subsection (c) of such section is
further amended--
(1) by inserting ``or'' at the end of paragraph (1);
(2) by striking out ``or'' at the end of paragraph (2); and
(3) by striking out paragraph (3).
(c) Congressional Notification of Increased Cost Not Conditioned on
Discovery Since Beginning of Fiscal Year.--Subsection (d)(3) of such
section is amended by striking out ``(for the first time since the
beginning of the current fiscal year)'' in the first sentence.
SEC. 835. CENTRAL DEPARTMENT OF DEFENSE POINT OF CONTACT FOR
CONTRACTING INFORMATION.
(a) Designation of Official.--The Under Secretary of Defense for
Acquisition and Technology shall designate an official within the
Office of the Under Secretary of Defense for Acquisition and Technology
to serve as a central point of contact for persons seeking information
described in subsection (b).
(b) Available Information.--Upon request, the official designated
under subsection (a) shall provide information on the following:
(1) How and where to submit unsolicited proposals for
research, development, test, and evaluation or for furnishing
property or services to the Department of Defense.
(2) Department of Defense solicitations for offers that are
open for response and the procedures for responding to the
solicitations.
(3) Procedures for being included on any list of approved
suppliers used by the Department of Defense.
(c) Availability of Information.--The official designated under
subsection (a) shall use a variety of means for making the information
described in subsection (b) readily available to potential contractors
for the Department of Defense. The means shall include the
establishment of one or more toll-free automated telephone lines,
posting of information about the services of the official on generally
accessible computer communications networks, and advertising.
Subtitle E--Other Matters
SEC. 841. DEFENSE BUSINESS COMBINATIONS.
(a) Extension of Requirement for Reports on Payment of
Restructuring Costs.--Section 818(e) of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat.
1821; 10 U.S.C. 2324 note) is amended by striking out ``1995, 1996, and
1997'' and inserting in lieu thereof ``1997, 1998, and 1999''.
(b) Secretary of Defense Reports.--Not later than March 1 in each
of the years 1998, 1999, and 2000, the Secretary of Defense shall
submit to the congressional defense committees a report on effects on
competition resulting from any business combinations of major defense
contractors that took place during the year preceding the year of the
report. The report shall include, for each business combination
reviewed by the Department pursuant to Department of Defense Directive
5000.62, the following:
(1) An assessment of any potentially adverse effects that
the business combination could have on competition for
Department of Defense contracts (including potential horizontal
effects, vertical effects, and organizational conflicts of
interest), the national technology and industrial base, or
innovation in the defense industry.
(2) The actions taken to mitigate the potentially adverse
effects.
(c) GAO Reports.--(1) Not later than December 1, 1997, the
Comptroller General shall--
(A) in consultation with appropriate officials in the
Department of Defense--
(i) identify major market areas adversely affected
by business combinations of defense contractors since
January 1, 1990; and
(ii) develop a methodology for determining the
beneficial impact of business combinations of defense
contractors on the prices paid on particular defense
contracts; and
(B) submit to the congressional defense committees a report
describing, for each major market area identified pursuant to
subparagraph (A)(i), the changes in numbers of businesses
competing for major defense contracts since January 1, 1990.
(2) Not later than December 1, 1998, the Comptroller General shall
submit to the congressional defense committees a report containing the
following:
(A) Updated information on--
(i) restructuring costs of business combinations
paid by the Department of Defense pursuant to
certifications under section 818 of the National
Defense Authorization Act for Fiscal Year 1995, and
(ii) savings realized by the Department of Defense
as a result of the business combinations for which the
payment of restructuring costs was so certified.
(B) An assessment of the beneficial impact of business
combinations of defense contractors on the prices paid on a
meaningful sample of defense contracts, determined in
accordance with the methodology developed pursuant to paragraph
(1)(A)(ii).
(C) Any recommendations that the Comptroller General
considers appropriate.
(d) Business Combination Defined.--In this section, the term
``business combination'' has the meaning given that term in section
818(f) of the National Defense Authorization Act for Fiscal Year 1995
(108 Stat. 2822; 10 U.S.C. 2324 note).
SEC. 842. LEASE OF NONEXCESS PROPERTY OF DEFENSE AGENCIES.
(a) Authority.--Chapter 159 of title 10, United States Code, is
amended by inserting after section 2667 the following:
``Sec. 2667a. Leases: non-excess property of Defense Agencies
``(a) Authority.--Whenever the Director of a Defense Agency
considers it advantageous to the United States, he may lease to such
lessee and upon such terms as he considers will promote the national
defense or to be in the public interest, personal property that is--
``(1) under the control of the Defense Agency;
``(2) not for the time needed for public use; and
``(3) not excess property, as defined by section 3 of the
Federal Property and Administrative Services Act of 1949 (40
U.S.C. 472).
``(b) Limitation, Terms, and Conditions.--A lease under subsection
(a)--
``(1) may not be for more than five years unless the
Director of the Defense Agency concerned determines that a
lease for a longer period will promote the national defense or
be in the public interest;
``(2) may give the lessee the first right to buy the
property if the lease is revoked to allow the United States to
sell the property under any other provision of law;
``(3) shall permit the Director to revoke the lease at any
time, unless he determines that the omission of such a
provision will promote the national defense or be in the public
interest; and
``(4) may provide, notwithstanding any other provision of
law, for the improvement, maintenance, protection, repair,
restoration, or replacement by the lessee, of the property
leased as the payment of part or all of the consideration for
the lease.
``(c) Disposition of Money Rent.--Money rentals received pursuant
to leases entered into by the Director of a Defense Agency under
subsection (a) shall be deposited in a special account in the Treasury
established for such Defense Agency. Amounts in a Defense Agency's
special account shall be available, to the extent provided in
appropriations Acts, solely for the maintenance, repair, restoration,
or replacement of the leased property.''.
(b) Conforming Amendment.--The heading of section 2667 of such
title is amended to read as follows:
``Sec. 2667. Leases: non-excess property of military departments''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 159 of such title is amended by striking out the item relating
to section 2667 and inserting in lieu thereof the following:
``2667. Leases: non-excess property of military departments.
``2667a. Leases: non-excess property of Defense Agencies.''.
SEC. 843. PROMOTION RATE FOR OFFICERS IN AN ACQUISITION CORPS.
(a) Review of Acquisition Corps Promotion Selections.--Upon the
approval of the President or his designee of the report of a selection
board convened under section 611(a) of title 10, United States Code,
which considered members of an Acquisition Corps of a military
department for promotion to a grade above O-4, the Secretary of the
military department shall submit a copy of the report to the Under
Secretary of Defense for Acquisition and Technology for review.
(b) Reporting Requirement.--Not later than January 31 of each year,
the Under Secretary of Defense for Acquisition and Technology shall
submit to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives a report
containing the Under Secretary's assessment of the extent to which each
military department is complying with the requirement set forth in
section 1731(b) of title 10, United States Code.
(c) Termination of Requirements.--This section shall cease to be
effective on October 1, 2000.
SEC. 844. USE OF ELECTRONIC COMMERCE IN FEDERAL PROCUREMENT.
(a) Policy.--Section 30 of the Office of Federal Procurement Policy
Act (41 U.S.C. 426) is amended to read as follows:
``SEC. 30. USE OF ELECTRONIC COMMERCE IN FEDERAL PROCUREMENT.
``(a) In General.--The head of each executive agency, after
consulting with the Administrator, shall establish, maintain, and use,
to the maximum extent that is practicable and cost-effective,
procedures and processes that employ electronic commerce in the conduct
and administration of its procurement system.
``(b) Applicable Standards.--In conducting electronic commerce, the
head of an agency shall apply nationally and internationally recognized
standards that broaden interoperability and ease the electronic
interchange of information.
``(c) Agency Procedures.--The head of each executive agency shall
ensure that systems, technologies, procedures, and processes
established pursuant to this section--
``(1) are implemented with uniformity throughout the
agency, to the extent practicable;
``(2) facilitate access to Federal Government procurement
opportunities, including opportunities for small business
concerns, socially and economically disadvantaged small
business concerns, and business concerns owned predominantly by
women; and
``(3) ensure that any notice of agency requirements or
agency solicitation for contract opportunities is provided in a
form that allows convenient and universal user access through a
single, government-wide point of entry.
``(d) Implementation.--The Administrator shall, in carrying out the
requirements of this section--
``(1) issue policies to promote, to the maximum extent
practicable, uniform implementation of this section by
executive agencies, with due regard for differences in program
requirements among agencies that may require departures from
uniform procedures and processes in appropriate cases, when
warranted because of the agency mission;
``(2) ensure that the head of each executive agency
complies with the requirements of subsection (c) with respect
to the agency systems, technologies, procedures, and processes
established pursuant to this section; and
``(3) consult with the heads of appropriate Federal
agencies with applicable technical and functional expertise,
including the Office of Information and Regulatory Affairs, the
National Institute of Standards and Technology, the General
Services Administration, and the Department of Defense.
``(e) Electronic Commerce Defined.--For the purposes of this
section, the term `electronic commerce' means electronic techniques for
accomplishing business transactions, including electronic mail or
messaging, World Wide Web technology, electronic bulletin boards,
purchase cards, electronic funds transfers, and electronic data
interchange.''.
(b) Repeal of Requirements for Implementation of FACNET
Capability.--Section 30A of the Office of Federal Procurement Policy
Act (41 U.S.C. 426a) is repealed.
(c) Repeal of Requirement for GAO Report.--Section 9004 of the
Federal Acquisition Streamlining Act of 1994 (41 U.S.C. 426a note) is
repealed.
(d) Repeal of Condition for Use of Simplified Acquisition
Procedures.--Section 31 of the Office of Federal Procurement Policy Act
(41 U.S.C. 427) is amended--
(1) by striking out subsection (e); and
(2) by redesignating subsections (f) and (g) as subsections
(e) and (f), respectively.
(e) Amendments to Procurement Notice Requirements.--(1) Section
8(g)(1) of the Small Business Act (15 U.S.C. 637(g)(1)) is amended--
(A) by striking out subparagraphs (A) and (B);
(B) by redesignating subparagraphs (C), (D), (E), (F), (G),
and (H) as subparagraphs (B), (C), (D), (E), (F), and (G),
respectively; and
(C) by inserting before subparagraph (B), as so
redesignated, the following new subparagraph (A):
``(A) the proposed procurement is for an amount not greater
than the simplified acquisition threshold and is to be
conducted by--
``(i) using widespread electronic public notice of
the solicitation in a form that allows convenient and
universal user access through a single, governmentwide
point of entry; and
``(ii) permitting the public to respond to the
solicitation electronically.''.
(2) Section 18(c)(1) of the Office of Federal Procurement Policy
Act (41 U.S.C. 416(c)(1)) is amended--
(A) by striking out subparagraphs (A) and (B);
(B) by redesignating subparagraphs (C), (D), (E), (F), (G),
and (H) as subparagraphs (B), (C), (D), (E), (F), and (G),
respectively; and
(C) by inserting before subparagraph (B), as so
redesignated, the following new subparagraph (A):
``(A) the proposed procurement is for an amount not greater
than the simplified acquisition threshold and is to be
conducted by--
``(i) using widespread electronic public notice of
the solicitation in a form that allows convenient and
universal user access through a single, governmentwide
point of entry; and
``(ii) permitting the public to respond to the
solicitation electronically.''.
(3) The amendments made by paragraphs (1) and (2) shall be
implemented in a manner consistent with any applicable international
agreements.
(f) Conforming and Technical Amendments.--(1) Section 5061 of the
Federal Acquisition Streamlining Act of 1994 (41 U.S.C. 413 note) is
amended--
(A) in subsection (c)(4)--
(i) by striking out ``the Federal acquisition
computer network (`FACNET')'' and inserting in lieu
thereof ``the electronic commerce''; and
(ii) by striking out ``(as added by section
9001)''; and
(B) in subsection (e)(9)(A), by striking out ``, or by
dissemination through FACNET,''.
(2) Section 5401 of the Clinger-Cohen Act of 1996 (divisions D and
E of Public Law 104-106; 40 U.S.C. 1501) is amended--
(A) in subsection (a)--
(i) by striking out ``through the Federal
Acquisition Computer Network (in this section referred
to as `FACNET')''; and
(ii) by striking out the last sentence;
(B) in subsection (b)--
(i) by striking out ``Additional FACNET
Functions.--'' and all that follows through ``(41
U.S.C. 426(b)), the FACNET architecture'' and inserting
in lieu thereof ``Functions.--(1) The system for
providing on-line computer access''; and
(ii) in paragraph (2), by striking out ``The FACNET
architecture'' and inserting in lieu there for ``The
system for providing on-line computer access'';
(C) in subsection (c)(1), by striking out ``the FACNET
architecture'' and inserting in lieu thereof ``the system for
providing on-line computer access''; and
(D) by striking out subsection (d).
(3)(A) Section 2302c of title 10, United States Code, is amended to
read as follows:
``Sec. 2302c. Implementation of electronic commerce capability
``(a) Implementation of Electronic Commerce Capability.--(1) The
head of each agency named in paragraphs (1), (5) and (6) shall
implement the electronic commerce capability required by section 30 of
the Office of Federal Procurement Policy Act (41 U.S.C. 426).
``(2) The Secretary of Defense shall act through the Under
Secretary of Defense for Acquisition and Technology to implement the
capability within the Department of Defense.
``(3) In implementing the electronic commerce capability pursuant
to paragraph (1), the head of an agency referred to in paragraph (1)
shall consult with the Administrator for Federal Procurement Policy.
``(b) Designation of Agency Official.--The head of each agency
named in paragraph (5) or (6) of section 2303 of this title shall
designate a program manager to implement the electronic commerce
capability for that agency. The program manager shall report directly
to an official at a level not lower than the senior procurement
executive designated for the agency under section 16(3) of the Office
of Federal Procurement Policy Act (41 U.S.C. 414(3)).''.
(B) Section 2304(g)(4) of such title 10 is amended by striking out
``31(g)'' and inserting in lieu thereof ``31(f)''.
(4)(A) Section 302C of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 252c) is amended to read as follows:
``SEC. 302C. IMPLEMENTATION OF ELECTRONIC COMMERCE CAPABILITY.
``(a) Implementation of Electronic Commerce Capability.--(1) The
head of each executive agency shall implement the electronic commerce
capability required by section 30 of the Office of Federal Procurement
Policy Act (41 U.S.C. 426).
``(2) In implementing the electronic commerce capability pursuant
to paragraph (1), the head of an executive agency shall consult with
the Administrator for Federal Procurement Policy.
``(b) Designation of Agency Official.--The head of each executive
agency shall designate a program manager to implement the electronic
commerce capability for that agency. The program manager shall report
directly to an official at a level not lower than the senior
procurement executive designated for the executive agency under section
16(3) of the Office of Federal Procurement Policy Act (41 U.S.C.
414(3)).''.
(B) Section 303(g)(5) of the Federal Property and Administrative
Services Act (41 U.S.C. 253(g)(5)) is amended by striking out ``31(g)''
and inserting in lieu thereof ``31(f)''.
(h) Effective Date.--(1) Except as provided in paragraph (2), the
amendments made by this section shall take effect 180 days after the
date of the enactment of this Act.
(2) The repeal made by subsection (c) of this section shall take
effect on the date of the enactment of this Act.
SEC. 845. CONFORMANCE OF POLICY ON PERFORMANCE BASED MANAGEMENT OF
CIVILIAN ACQUISITION PROGRAMS WITH POLICY ESTABLISHED FOR
DEFENSE ACQUISITION PROGRAMS.
(a) Performance Goals.--Section 313(a) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 263(a)) is amended to
read as follows:
``(a) Congressional Policy.--It is the policy of Congress that the
head of each executive agency should achieve, on average, 90 percent of
the cost, performance, and schedule goals established for major
acquisition programs of the agency.''.
(b) Conforming Amendment to Reporting Requirement.--Section 6(k) of
the Office of Federal Procurement Policy Act (41 U.S.C. 405(k)) is
amended by inserting ``regarding major acquisitions that is'' in the
first sentence after ``policy''.
SEC. 846. MODIFICATION OF PROCESS REQUIREMENTS FOR THE SOLUTIONS-BASED
CONTACTING PILOT PROGRAM.
(a) Source Selection.--Paragraph (9) of section 5312(c) of the
Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104-106; 40
U.S.C. 1492(c)) is amended--
(1) in subparagraph (A), by striking out ``, and ranking of
alternative sources,'' and inserting in lieu thereof ``or
sources,'';
(2) in subparagraph (B)--
(A) in the matter preceding clause (i), by
inserting ``(or a longer period, if approved by the
Administrator)'' after ``30 to 60 days'';
(B) in clause (i), by inserting ``or sources''
after ``source''; and
(C) in clause (ii), by striking out ``that source''
and inserting in lieu thereof ``the source whose offer
is determined to be most advantageous to the
Government''; and
(3) in subparagraph (C), by striking out ``with alternative
sources (in the order ranked)''.
(b) Time Management Discipline.--Paragraph (12) of such section is
amended by inserting before the period at the end the following: ``,
except that the Administrator may approve the application of a longer
standard period''.
SEC. 847. TWO-YEAR EXTENSION OF APPLICABILITY OF FULFILLMENT STANDARDS
FOR DEFENSE ACQUISITION WORKFORCE TRAINING REQUIREMENTS.
Section 812(c)(2) of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2451; 10 U.S.C. 1723
note) is amended by striking out ``October 1, 1997'' and inserting in
lieu thereof ``October 1, 1999''.
SEC. 848. DEPARTMENT OF DEFENSE AND FEDERAL PRISON INDUSTRIES JOINT
STUDY.
(a) Study of Existing Procurement Procedures.--The Department of
Defense and Federal Prison Industries shall conduct jointly a study of
existing procurement procedures, regulations, and statutes which now
govern procurement transactions between the Department of Defense and
Federal Prison Industries.
(b) Findings.--A report describing the findings of the study and
containing recommendations on the means to improve the efficiency and
reduce the cost of such transactions shall be submitted to the United
States Senate Committees on Armed Services and the Judiciary no later
than 180 days after the date of enactment of this Act.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
SEC. 901. PRINCIPAL DUTY OF ASSISTANT SECRETARY OF DEFENSE FOR SPECIAL
OPERATIONS AND LOW INTENSITY CONFLICT.
Section 138(b)(4) of title 10, United States Code, is amended by
striking out ``of special operations activities (as defined in section
167(j) of this title) and'' and inserting in lieu thereof ``of the
performance of the responsibilities of the commander of the special
operations command under subsections (e)(4) and (f) of section 167 of
this title and of''.
SEC. 902. PROFESSIONAL MILITARY EDUCATION SCHOOLS.
(a) Component Institutions of the National Defense University.--(1)
Chapter 108 of title 10, United States Code, is amended by adding at
the end the following:
``Sec. 2165. National Defense University
``(a) In General.--There is a National Defense University in the
Department of Defense.
``(b) Component Institutions.--The university includes the
following institutions:
``(1) The National War College.
``(2) The Industrial College of the Armed Forces.
``(3) The Armed Forces Staff College.
``(4) The Institute for National Strategic Studies.
``(5) The Information Resources Management College.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following:
``2165. National Defense University.''.
(b) Marine Corps University as Professional Military Education
School.--Subsection (d) of section 2162 of such title is amended to
read as follows:
``(d) Professional Military Education Schools.--This section
applies to the following professional military education schools:
``(1) The National Defense University.
``(2) The Army War College.
``(3) The College of Naval Warfare.
``(4) The Air War College.
``(5) The United States Army Command and General Staff
College.
``(6) The College of Naval Command and Staff.
``(7) The Air Command and Staff College.
``(8) The Marine Corps University.''.
(c) Repeal of Duplicative Definition.--Section 1595(d) of title 10,
United States Code, is amended--
(1) in paragraph (1), by striking out ``(1)''; and
(2) by striking out paragraph (2).
SEC. 903. USE OF CINC INITIATIVE FUND FOR FORCE PROTECTION.
Section 166a(b) of title 10, United States Code, is amended by
adding at the end the following:
``(9) Force protection.''.
SEC. 904. TRANSFER OF TIARA PROGRAMS.
(a) Transfer of Functions.--The Secretary of Defense shall
transfer--
(1) the responsibilities of the Tactical Intelligence and
Related Activities (TIARA) aggregation for the conduct of
programs referred to in subsection (b) to officials of elements
of the military departments not in the intelligence community;
and
(2) the funds available within the Tactical Intelligence
and Related Activities aggregation for such programs to
accounts of the military departments that are available for
non-intelligence programs of the military departments.
(b) Covered Programs.--Subsection (a) applies to the following
programs:
(1) Targeting or target acquisition programs, including the
Joint Surveillance and Target Attack Radar System, and the
Advanced Deployable System.
(2) Tactical Warning and Attack Assessment programs,
including the Defense Support Program, the Space-Based Infrared
Program, and early warning radars.
(3) Tactical communications systems, including the Joint
Tactical Terminal.
(c) Intelligence Community Defined.--In this section, the term
``intelligence community'' has the meaning given the term in section 3
of the National Security Act of 1947 (50 U.S.C. 401a).
SEC. 905. SENIOR REPRESENTATIVE OF THE NATIONAL GUARD BUREAU.
(a) Establishment.--(1) Chapter 1011 of title 10, United States
Code, is amended by adding at the end the following:
``Sec. 10509. Senior Representative of the National Guard Bureau
``(a) Appointment.--There is a Senior Representative of the
National Guard Bureau who is appointed by the President, by and with
the advice and consent of the Senate. Subject to subsection (b), the
appointment shall be made from officers of the Army National Guard of
the United States or the Air National Guard of the United States who--
``(1) are recommended for such appointment by their
respective Governors or, in the case of the District of
Columbia, the commanding general of the District of Columbia
National Guard; and
``(2) meet the same eligibility requirements that are set
forth for the Chief of the National Guard Bureau in paragraphs
(2) and (3) of section 10502(a) of this title.
``(b) Rotation of Office.--An officer of the Army National Guard
may be succeeded as Senior Representative of the National Guard Bureau
only by an officer of the Air National Guard, and an officer of the Air
National Guard may be succeeded as Senior Representative of the
National Guard Bureau only by an officer of the Army National Guard. An
officer may not be reappointed to a consecutive term as Senior
Representative of the National Guard Bureau.
``(c) Term of Office.--An officer appointed as Senior
Representative of the National Guard Bureau serves at the pleasure of
the President for a term of four years. An officer may not hold that
office after becoming 64 years of age. While holding the office, the
Senior Representative of the National Guard Bureau may not be removed
from the reserve active-status list, or from an active status, under
any provision of law that otherwise would require such removal due to
completion of a specified number of years of service or a specified
number of years of service in grade.
``(d) Grade.--The Senior Representative of the National Guard
Bureau shall be appointed to serve in the grade of general.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following:
``10509. Senior Representative of the National Guard Bureau.''.
(b) Member of Joint Chiefs of Staff.--Section 151(a) of title 10,
United States Code, is amended by adding at the end the following:
``(7) The Senior Representative of the National Guard
Bureau.''.
(c) Adjustment of Responsibilities of Chief of the National Guard
Bureau.--(1) Section 10502 of title 10, United States Code, is amended
by inserting ``, and to the Senior Representative of the National Guard
Bureau,'' after ``Chief of Staff of the Air Force,''.
(2) Section 10504(a) of such title is amended in the second
sentence by inserting ``, and in consultation with the Senior
Representative of the National Guard Bureau,'' after ``Secretary of the
Air Force''.
(d) Effective Date.--The amendments made by this section shall take
effect on January 1, 1998.
SEC. 906. CENTER FOR HEMISPHERIC DEFENSE STUDIES.
(a) Institution of the National Defense University.--Subsection (a)
of section 2165 of title 10, United States Code, as added by section
902, is amended by adding at the end the following:
``(6) The Center for Hemispheric Defense Studies.''.
(b) Civilian Faculty Members.--Section 1595 of title 10, United
States Code, is amended by adding at the end the following:
``(g) Application to Director and Deputy Director at Center for
Hemispheric Defense Studies.--In the case of the Center for Hemispheric
Defense Studies, this section also applies with respect to the Director
and the Deputy Director.''.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--(1) Upon determination
by the Secretary of Defense that such action is necessary in the
national interest, the Secretary may transfer amounts of authorizations
made available to the Department of Defense in this division for fiscal
year 1998 between any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so transferred shall
be merged with and be available for the same purposes as the
authorization to which transferred.
(2) The total amount of authorizations that the Secretary of
Defense may transfer under the authority of this section may not exceed
$2,500,000,000.
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount
is transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
SEC. 1002. AUTHORITY FOR OBLIGATION OF CERTAIN UNAUTHORIZED FISCAL YEAR
1997 DEFENSE APPROPRIATIONS.
(a) Authority.--The amounts described in subsection (b) may be
obligated and expended for programs, projects, and activities of the
Department of Defense in accordance with fiscal year 1997 defense
appropriations.
(b) Covered Amounts.--The amounts referred to in subsection (a) are
the amounts provided for programs, projects, and activities of the
Department of Defense in fiscal year 1997 defense appropriations that
are in excess of the amounts provided for such programs, projects, and
activities in fiscal year 1997 defense authorizations.
(c) Definitions.--For the purposes of this section:
(1) Fiscal year 1997 defense appropriations.--The term
``fiscal year 1997 defense appropriations'' means amounts
appropriated or otherwise made available to the Department of
Defense for fiscal year 1997 in the Department of Defense
Appropriations Act, 1997 (section 101(b) of Public Law 104-
208).
(2) Fiscal year 1997 defense authorizations.--The term
``fiscal year 1997 defense authorizations'' means amounts
authorized to be appropriated for the Department of Defense for
fiscal year 1997 in the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201).
SEC. 1003. AUTHORIZATION OF PRIOR EMERGENCY SUPPLEMENTAL APPROPRIATIONS
FOR FISCAL YEAR 1997.
Amounts authorized to be appropriated to the Department of Defense
for fiscal year 1997 in the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201) are hereby adjusted, with respect
to any such authorized amount, by the amount by which appropriations
pursuant to such authorization were increased (by a supplemental
appropriation) or decreased (by a rescission), or both, in the 1997
Emergency Supplemental Appropriations Act for Recovery from Natural
Disasters, and for Overseas Peacekeeping Efforts, Including Those in
Bosnia (Public Law 105-18).
SEC. 1004. INCREASED TRANSFER AUTHORITY FOR FISCAL YEAR 1996
AUTHORIZATIONS.
Section 1001(a) of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 414) is amended by
striking out ``$2,000,000,000'' and inserting in lieu thereof
``$3,100,000,000''.
SEC. 1005. BIENNIAL FINANCIAL MANAGEMENT STRATEGIC PLAN.
(a) Biennial Plan.--(1) Chapter 23 of title 10, United States Code,
is amended by adding at the end the following:
``Sec. 483. Biennial financial management strategic plan
``(a) Plan Required.--Not later than September 30 of each even-
numbered year, the Secretary of Defense shall submit to Congress a
strategic plan to improve the financial management within the
Department of Defense. The strategic plan shall address all aspects of
financial management within the Department of Defense, including the
finance systems, accounting systems, and feeder systems that support
financial functions.
``(b) Definitions.--In this section, the term `feeder system' means
an automated or manual system that provides input to a financial
management or accounting system.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following:
``483. Biennial financial management strategic plan.''.
(b) First Submission.--The Secretary of Defense shall submit the
first financial management strategic plan under section 483 of title
10, United States Code (as added by subsection (a)), not later than
September 30, 1998.
(c) Content of First Plan.--(1) At a minimum, the first financial
management strategic plan shall include the following:
(A) The costs and benefits of integrating the finance and
accounting systems of the Department of Defense, and the
feasibility of doing so.
(B) Problems with the accuracy of data included in the
finance systems, accounting systems, or feeder systems that
support financial functions of the Department of Defense and
the actions that can be taken to address the problems.
(C) Weaknesses in the internal controls of the systems and
the actions that can be taken to address the weaknesses.
(D) Actions that can be taken to eliminate negative
unliquidated obligations, unmatched disbursements, and in-
transit disbursements, and to avoid such disbursements in the
future.
(E) The status of the efforts being undertaken in the
department to consolidate and eliminate--
(i) redundant or unneeded finance systems; and
(ii) redundant or unneeded accounting systems.
(F) The consolidation or elimination of redundant personnel
systems, acquisition systems, asset accounting systems, time
and attendance systems, and other feeder systems of the
department.
(G) The integration of the feeder systems of the department
with the finance and accounting systems of the department.
(H) Problems with the organization or performance of the
Operating Locations and Service Centers of the Defense Finance
and Accounting Service, and the actions that can be taken to
address those problems.
(I) The costs and benefits of reorganizing the Operating
Locations and Service Centers of the Defense Finance and
Accounting Service according to function, and the feasibility
of doing so.
(J) The costs and benefits of contracting for private
sector performance of specific functions performed by the
Defense Finance and Accounting Service, and the feasibility of
doing so.
(K) The costs and benefits of increasing the use of
electronic fund transfer as a method of payment, and the
feasibility of doing so.
(L) Actions that can be taken to ensure that each
comptroller position and each comparable position in the
Department of Defense, whether filled by a member of the Armed
Forces or a civilian employee, is filled by a person who, by
reason of education, technical competence, and experience, has
the core competencies for financial management.
(M) Any other changes in the financial management structure
of the department or revisions of the department's financial
processes and business practices that the Secretary of Defense
considers necessary to improve financial management in the
department.
(2) For the problems and actions identified in the plan, the
Secretary shall include in the plan statements of objectives,
performance measures, and schedules, and shall specify the individual
and organizational responsibilities.
(3) In this subsection, the term ``feeder system'' has the meaning
given the term in section 483(b) of title 10, United States Code, as
added by subsection (a).
SEC. 1006. REVISION OF AUTHORITY FOR FISHER HOUSE TRUST FUNDS.
(a) Correction To Eliminate Use of Term Associated With Funding
Authorities.--Section 2221(c) of title 10, United States Code, is
amended by striking out ``or maintenance'' each place it appears.
(b) Corpus of Air Force Trust Fund.--Section 914(b) of Public Law
104-106 (110 Stat. 412) is amended by striking out paragraph (2) and
inserting in lieu thereof the following:
``(2) The Secretary of the Air Force shall deposit in the Fisher
House Trust Fund, Department of the Air Force, an amount that the
Secretary determines appropriate to establish the corpus of the
fund.''.
SEC. 1007. AVAILABILITY OF CERTAIN FISCAL YEAR 1991 FUNDS FOR PAYMENT
OF CONTRACT CLAIM.
(a) Authority.--The Secretary of the Army may reimburse the fund
provided by section 1304 of title 31, United States Code, out of funds
appropriated for the Army for fiscal year 1991 for other procurement
(BLIN 105125 (Special Programs)), for any judgment against the United
States that is rendered in the case Appeal of McDonnell Douglas
Company, Armed Services Board of Contract Appeals Number 48029.
(b) Conditions for Payment.--(1) Subject to paragraph (2), any
reimbursement out of funds referred to in subsection (a) shall be made
before October 1, 1998.
(2) No reimbursement out of funds referred to in subsection (a) may
be made before the date that is 30 days after the date on which the
Secretary of the Army submits to the congressional defense committees a
notification of the intent to make the reimbursement.
SEC. 1008. ESTIMATES AND REQUESTS FOR PROCUREMENT AND MILITARY
CONSTRUCTION FOR THE RESERVE COMPONENTS.
(a) Detailed Presentation in Future-Years Defense Program.--Section
10543 of title 10, United States Code, is amended--
(1) by inserting ``(a) In General.--'' before ``The
Secretary of Defense''; and
(2) by adding at the end the following:
``(b) Associated Annexes.--The associated annexes of the future-
years defense program shall specify, at the same level of detail as is
set forth in the annexes for the active components, the amount
requested for--
``(1) procurement of each item of equipment to be procured
for each reserve component; and
``(2) each military construction project to be carried out
for each reserve component, together with the location of the
project.
``(c) Report.--(1) If the aggregate of the amounts specified in
paragraphs (1) and (2) of subsection (b) for a fiscal year is less than
the amount equal to 90 percent of the average authorized amount
applicable for that fiscal year under paragraph (2), the Secretary of
Defense shall submit to Congress a report specifying for each reserve
component the additional items of equipment that would be procured, and
the additional military construction projects that would be carried
out, if that aggregate amount were an amount equal to such average
authorized amount. The report shall be at the same level of detail as
is required by subsection (b).
``(2) In this subsection, the term `average authorized amount',
with respect to a fiscal year, means the average of--
``(A) the aggregate of the amounts authorized to be
appropriated for the preceding fiscal year for the procurement
of items of equipment, and for military construction, for the
reserve components; and
``(B) the aggregate of the amounts authorized to be
appropriated for the fiscal year preceding the fiscal year
referred to in subparagraph (A) for the procurement of items of
equipment, and for military construction, for the reserve
components.''.
(b) Prohibition.--The level of detail provided for procurement and
military construction in the future-years defense programs for fiscal
years after fiscal year 1998 may not be less than the level of detail
provided for procurement and military construction in the future-years
defense program for fiscal year 1998.
SEC. 1009. COOPERATIVE THREAT REDUCTION PROGRAMS AND RELATED DEPARTMENT
OF ENERGY PROGRAMS.
(a) Decrease in Authorization of Appropriations for Environmental
Management Science Program.--Notwithstanding any other provision of
this Act, the amount authorized to be appropriated by section 3102(f)
is hereby decreased by $40,000,000.
(b) Decrease in Authorization of Appropriations for Environment,
Safety and Health, Defense.--Notwithstanding any other provision of
this Act, the amount authorized to be appropriated by section 3103(6)
is hereby decreased by $19,000,000.
(c) Decrease in Authorization of Appropriations for Other
Procurement, Navy.--Notwithstanding any other provision of this Act,
the amount authorized to be appropriated by section 102(a)(5) is hereby
decreased by $40,000,000.
(d) Decrease in Authorization of Appropriations for Operation and
Maintenance, Defense-Wide.--Notwithstanding any other provision of law,
the amount authorized to be appropriated by section 301(5) is hereby
decreased by $20,000,000.
(e) Increase in Authorization of Appropriations for Former Soviet
Union Threat Reduction Programs.--Notwithstanding any other provision
of this Act, the amount authorized to be appropriated by section
301(22) is hereby increased by $60,000,000.
(f) Increase in Authorization of Appropriations for Department of
Energy for Other Defense Activities.--Notwithstanding any other
provision of this Act, the total amount authorized to be appropriated
by section 3103 is hereby increased by $56,000,000.
(g) Increase in Authorization of Appropriations for Department of
Energy for Arms Control.--Notwithstanding any other provision of this
Act, the amount authorized to be appropriated by section 3103(1)(B) is
hereby increased by $25,000,000 (in addition to any increase under
subsection (e) that is allocated to the authorization of appropriations
under such section 3103(1)(B)).
(h) Authorization of Appropriations for Department of Energy for
International Nuclear Safety Programs.--Funds are hereby authorized to
be appropriated to the Department of Energy for fiscal year 1998 for
other defense activities in carrying out programs relating to
international nuclear safety that are necessary for national security
in the amount of $50,000,000.
(i) Training for United States Border Security.--Section 1421 of
the National Defense Authorization Act for Fiscal Year 1997 (Public Law
104-201; 110 Stat. 2725; 50 U.S.C. 2331) is amended--
(1) by striking out ``and'' at the end of paragraph (2);
(2) by striking out the period at the end of paragraph (3)
and inserting in lieu thereof ``; and''; and
(3) by adding at the end the following:
``(4) training programs and assistance relating to the use
of such equipment, materials, and technology and for the
development of programs relating to such use.''.
(j) International Border Security Through Fiscal Year 1999.--
Section 1424(b) of the National Defense Authorization Act for Fiscal
Year 1997 (110 Stat. 2726; 10 U.S.C. 2333(b)) is amended by adding at
the end the following: ``Amounts available under the proceeding
sentence shall be available until September 30, 1999.''.
(j) Authority To Vary Amounts Available for Cooperative Threat
Reduction Programs.--(1) Section 1502(b) of the National Defense
Authorization Act for Fiscal Year 1997 (110 Stat. 2732) is amended--
(A) in the subsection heading, by striking out ``Limited'';
and
(B) in the first sentence of paragraph (1), by striking out
``, but not in excess of 115 percent of that amount''.
(2) Section 1202(b) of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 469) is amended--
(A) in the subsection heading, by striking out ``Limited'';
and
(B) in the first sentence of paragraph (1), by striking out
``, but not in excess of 115 percent of that amount''.
Subtitle B--Naval Vessels and Shipyards
SEC. 1011. LONG-TERM CHARTER OF VESSEL FOR SURVEILLANCE TOWED ARRAY
SENSOR PROGRAM.
The Secretary of the Navy is authorized to enter into a long-term
charter, in accordance with section 2401 of title 10, United States
Code, for a vessel to support the Surveillance Towed Array Sensor
(SURTASS) Program through fiscal year 2004.
SEC. 1012. PROCEDURES FOR SALE OF VESSELS STRICKEN FROM THE NAVAL
VESSEL REGISTER.
Section 7305(c) of title 10, United States Code, is amended to read
as follows:
``(c) Procedures for Sale.--(1) A vessel stricken from the Naval
Vessel Register and not subject to disposal under any other law may be
sold under this section.
``(2) In such a case, the Secretary may--
``(A) sell the vessel to the highest acceptable bidder,
regardless of the appraised value of the vessel, after publicly
advertising the sale of the vessel for a period of not less
than 30 days; or
``(B) subject to paragraph (3), sell the vessel by
competitive negotiation to the acceptable offeror who submits
the offer that is most advantageous to the United States
(taking into account price and such other factors as the
Secretary determines appropriate).
``(3) Before entering into negotiations to sell a vessel under
paragraph (2)(B), the Secretary shall publish notice of the intention
to do so in the Commerce Business Daily sufficiently in advance of
initiating the negotiations that all interested parties are given a
reasonable opportunity to prepare and submit proposals. The Secretary
shall afford an opportunity to participate in the negotiations to all
acceptable offerors submitting proposals that the Secretary considers
as having the potential to be the most advantageous to the United
States (taking into account price and such other factors as the
Secretary determines appropriate).''.
SEC. 1013. TRANSFERS OF NAVAL VESSELS TO CERTAIN FOREIGN COUNTRIES.
(a) Transfers by Sale.--The Secretary of the Navy is authorized to
transfer vessels to foreign countries on a sale basis under section 21
of the Arms Export Control Act (22 U.S.C. 2761) as follows:
(1) To the Government of Brazil, the submarine tender
Holland (AS 32) of the Hunley class.
(2) To the Government of Chile, the oiler Isherwood (T-AO
191) of the Kaiser class.
(3) To the Government of Egypt:
(A) The following frigates of the Knox class:
(i) The Paul (FF 1080).
(ii) The Miller (FF 1091).
(iii) The Jesse L. Brown (FFT 1089).
(iv) The Moinester (FFT 1097).
(B) The following frigates of the Oliver Hazard
Perry class:
(i) The Fahrion (FFG 22).
(ii) The Lewis B. Puller (FFG 23).
(4) To the Government of Israel, the tank landing ship
Peoria (LST 1183) of the Newport class.
(5) To the Government of Malaysia, the tank landing ship
Barbour County (LST 1195) of the Newport class.
(6) To the Government of Mexico, the frigate Roark (FF
1053) of the Knox class.
(7) To the Taipei Economic and Cultural Representative
Office in the United States (the Taiwan instrumentality that is
designated pursuant to section 10(a) of the Taiwan Relations
Act), the following frigates of the Knox class:
(A) The Whipple (FF 1062).
(B) The Downes (FF 1070).
(8) To the Government of Thailand, the tank landing ship
Schenectady (LST 1185) of the Newport class.
(b) Costs of Transfers.--Any expense incurred by the United States
in connection with a transfer authorized by subsection (a) shall be
charged to the recipient.
(c) Repair and Refurbishment in United States Shipyards.--To the
maximum extent practicable, the Secretary of the Navy shall require, as
a condition of the transfer of a vessel under this section, that the
country to which the vessel is transferred have such repair or
refurbishment of the vessel as is needed, before the vessel joins the
naval forces of that country, performed at a shipyard located in the
United States, including a United States Navy shipyard.
(d) Expiration of Authority.--The authority to transfer a vessel
under subsection (a) shall expire at the end of the 2-year period
beginning on the date of the enactment of this Act.
Subtitle C--Counter-Drug Activities
SEC. 1021. AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR COUNTER-DRUG
ACTIVITIES OF MEXICO.
(a) Extension of Authority.--Subsection (a) of section 1031 of the
National Defense Authorization Act for Fiscal Year 1997 (Public Law
104-201; 110 Stat. 2637), is amended by striking out ``fiscal year
1997'' and inserting in lieu thereof ``fiscal years 1997 and 1998''.
(b) Extension of Funding Authorization.--Subsection (d) of such
section is amended by inserting ``for fiscal years 1997 and 1998''
after ``shall be available''.
(c) Concurrence of Secretary of State Required.--Subsection (a) of
such section, as amended by subsection (a), is further amended by
inserting ``, with the concurrence of the Secretary of State,'' after
``Secretary of Defense may''.
SEC. 1022. AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR COUNTER-DRUG
ACTIVITIES OF PERU AND COLOMBIA.
(a) Authority To Provide Additional Support.--Subject to subsection
(f), during fiscal years 1998 through 2002, the Secretary of Defense
may, with the concurrence of the Secretary of State, provide either or
both of the governments named in subsection (b) with the support
described in subsection (c) for the counter-drug activities of that
government. The support provided to a government under the authority of
this subsection shall be in addition to support provided to that
government under any other provision of law.
(b) Governments Eligible To Receive Support.--The governments
referred to in subsection (a) are as follows:
(1) The Government of Peru.
(2) The Government of Colombia.
(c) Types of Support.--The authority under subsection (a) is
limited to the provision of the following types of support:
(1) The transfer of nonlethal protective and utility
personnel equipment.
(2) The transfer of the following nonlethal specialized
equipment:
(A) Navigation equipment.
(B) Secure and nonsecure communications equipment.
(C) Photo equipment.
(D) Radar equipment.
(E) Night vision systems.
(F) Repair equipment and parts for equipment
referred to in subparagraphs (A), (B), (C), (D), and
(E).
(3) The transfer of nonlethal components, accessories,
attachments, parts (including ground support equipment),
firmware, and software for aircraft or patrol boats, and
related repair equipment.
(4) The transfer of riverine patrol boats.
(5) The maintenance and repair of equipment of a government
named in subsection (b) that is used for counter-narcotics
activities.
(d) Applicability of Other Support Authorities.--Except as
otherwise provided in this section, the provisions of section 1004 of
the National Defense Authorization Act for Fiscal Year 1991 (Public Law
101-510; 10 U.S.C. 374 note) shall apply to the provision of support to
a government under this section.
(e) Funding.--Of the amounts authorized to be appropriated for drug
interdiction and counter-drug activities, not more than $30,000,000
shall be available in that fiscal year for the provision of support
under this section.
(f) Limitations.--(1) The Secretary may not obligate or expend
funds to provide a government with support under this section until 15
days after the date on which the Secretary submits to the committees
referred to in paragraph (3) a written certification of the following:
(A) That the provision of support to that government under
this section will not adversely affect the military
preparedness of the United States Armed Forces.
(B) That the equipment and materiel provided as support
will be used only by officials and employees of that government
who have undergone background investigations by that government
and have been approved by that government to perform counter-
drug activities on the basis of the background investigations.
(C) That such government has certified to the Secretary
that--
(i) the equipment and material provided as support
will be used only by the officials and employees
referred to in subparagraph (B);
(ii) none of the equipment or materiel will be
transferred (by sale, gift, or otherwise) to any person
or entity not authorized by the United States to
receive the equipment or materiel; and
(iii) the equipment and materiel will be used only
for the purposes intended by the United States
Government.
(D) That the government to receive the support has
implemented, to the satisfaction of the Secretary, a system
that will provide an accounting and inventory of the equipment
and materiel provided as support.
(E) That the departments, agencies, and instrumentalities
of that government will grant United States Government
personnel access to any of the equipment or materiel provided
as support, or to any of the records relating to such equipment
or materiel, under terms and conditions similar to the terms
and conditions imposed with respect to such access under
section 505(a)(3) of the Foreign Assistance Act of 1961 (22
U.S.C. 2314(a)(3)).
(F) That the government to receive the support will provide
security with respect to the equipment and materiel provided as
support that is substantially the same degree of security that
the United States Government would provide with respect to such
equipment and materiel.
(G) That the government to receive the support will permit
continuous observation and review by United States Government
personnel of the use of the equipment and materiel provided as
support under terms and conditions similar to the terms and
conditions imposed with respect to such observation and review
under section 505(a)(3) of the Foreign Assistance Act of 1961
(22 U.S.C. 2314(a)(3)).
(2) The Secretary may not obligate or expend funds to provide a
government with support under this section until the Secretary of
Defense, together with the Secretary of State, has developed a riverine
counter-drug plan (including the resources to be contributed by each
such agency, and the manner in which such resources will be utilized,
under the plan) and submitted the plan to the committees referred to in
paragraph (3). The plan shall set forth a riverine counter-drug program
that can be sustained by the supported governments within five years, a
schedule for establishing the program, and a detailed discussion of how
the riverine counter-drug program supports national drug control
strategy of the United States.
(3) The committees referred to in this paragraph are the following:
(A) The Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
(B) The Committee on National Security and the Committee on
International Relations of the House of Representatives.
Subtitle D--Reports and Studies
SEC. 1031. REPEAL OF REPORTING REQUIREMENTS.
(a) Reports Required by Title 10.--
(1) Achievement of cost, performance, and schedule goals
for nonmajor acquisition programs.--Section 2220(b) of title
10, United States Code, is amended by striking out ``and
nonmajor'' in the first sentence.
(2) Conversion of certain heating systems.--Section 2690(b)
of title 10, United States Code, is amended by striking out
``unless the Secretary--'' and all that follows and inserting
in lieu thereof the following: ``unless the Secretary
determines that the conversion (1) is required by the
government of the country in which the facility is located, or
(2) is cost effective over the life cycle of the facility.''.
(3) Availability of suitable alternative housing.--Section
2823 of title 10, United States Code, is amended--
(A) by striking out subsection (b); and
(B) by redesignating subsections (c) and (d) as
subsections (b) and (c), respectively.
(b) Reports Required by Defense Authorization and Appropriations
Acts.--
(1) Overseas basing costs.--Section 8125 of the Department
of Defense Appropriations Act, 1989 (Public Law 100-463; 102
Stat. 2270-41; 10 U.S.C. 113 note) is amended--
(A) by striking out subsection (g); and
(B) in subsection (h), by striking out
``subsections (f) and (g)'' and inserting in lieu
thereof ``subsection (f)''.
(2) Stretchout of major defense acquisition programs.--
Section 117 of the National Defense Authorization Act, Fiscal
Year 1989 (Public Law 100-456; 102 Stat. 1933; 10 U.S.C. 2431
note) is repealed.
(c) Reports Required by Other Law.--Section 25 of the Office of
Federal Procurement Policy Act (41 U.S.C. 421) is amended by striking
out subsection (g), relating to the annual report on development of
procurement regulations.
SEC. 1032. COMMON MEASUREMENT OF OPERATIONS TEMPOS AND PERSONNEL
TEMPOS.
(a) Means for Measurement.--The Chairman of the Joint Chiefs of
Staff shall, in consultation with the other members of the Joint Chiefs
of Staff and to the maximum extent practicable, develop a common means
of measuring the operations tempo (OPTEMPO) and the personnel tempo
(PERSTEMPO) of each of the Armed Forces.
(b) Perstempo Measurement.--The measurement of personnel tempo
shall include a means of identifying the rate of deployment for
individuals in addition to the rate of deployment for units.
SEC. 1033. REPORT ON OVERSEAS DEPLOYMENT.
(a) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to Congress a report
on the deployment overseas of personnel of the Armed Forces. The report
shall describe the deployment as of June 30, 1996, and June 30, 1997.
(b) Elements.--The report under subsection (a) shall set forth the
following:
(1) The number of personnel who were deployed overseas
pursuant to a permanent duty assignment on each date specified
in that subsection in aggregate and by country or ocean to
which deployed.
(2) The number of personnel who were deployed overseas
pursuant to a temporary duty assignment on each date,
including--
(A) the number engaged in training with units of a
single military department;
(B) the number engaged in United States military
joint exercises; and
(C) the number engaged in training with allied
units.
(3) The number of personnel deployed overseas on each date
who were engaged in contingency operations (including
peacekeeping or humanitarian assistance missions) or other
activities.
SEC. 1034. REPORT ON MILITARY READINESS REQUIREMENTS OF THE ARMED
FORCES.
(a) Requirement for Report.--Not later than January 31, 1998, the
Chairman of the Joint Chiefs of Staff shall submit to the congressional
defense committees a report on the military readiness requirements of
the active and reserve components of the Armed Forces (including combat
units, combat support units, and combat service support units) prepared
by the officers referred to in subsection (b). The report shall assess
such requirements under a tiered readiness and response system that
categorizes a given unit according to the likelihood that it will be
required to respond to a military conflict and the time in which it
will be required to respond.
(b) Preparation by JCS and Commanders of Unified Commands.--The
report required by subsection (a) shall be prepared jointly by the
Chairman of the Joint Chiefs of Staff, the Chief of Staff of the Army,
the Chief of Naval Operations, the Chief of Staff of the Air Force, the
Commandant of the Marine Corps, the commander of the Special Operations
Command, and the commanders of the other unified commands.
(c) Assessment Scenario.--The report shall assess readiness
requirements in a scenario that is based on the following assumptions:
(1) That the Armed Forces of the United States must, be
capable of--
(A) fighting and winning, in concert with allies,
two major theater wars nearly simultaneously; and
(B) deterring or defeating a strategic attack on
the United States.
(2) That the forces available for deployment are the forces
included in the force structure recommended in the Quadrennial
Defense Review, including all other planned force enhancements.
(d) Assessment Elements.--(1) The report shall identify, by unit
type, all major units of the active and reserve components of the Armed
Forces and assess the readiness requirements of the units. Each
identified unit shall be categorized within one of the following
classifications:
(A) Forward-deployed and crisis response forces, or ``Tier
I'' forces, that possess limited internal sustainment
capability and do not require immediate access to regional air
bases or ports or overflight rights, including the following:
(i) Force units that are deployed in rotation at
sea or on land outside the United States.
(ii) Combat-ready crises response forces that are
capable of mobilizing and deploying within 10 days
after receipt of orders.
(iii) Forces that are supported by prepositioning
equipment afloat or are capable of being inserted into
a theater upon the capture of a port or airfield by
forcible entry forces.
(B) Combat-ready follow-on forces, or ``Tier II'' forces,
that can be mobilized and deployed to a theater within
approximately 60 days after receipt of orders.
(C) Combat-ready conflict resolution forces, or ``Tier
III'' forces, that can be mobilized and deployed to a theater
within approximately 180 days after receipt of orders.
(D) All other active and reserve component force units
which are not categorized within a classification described in
subparagraph (A), (B), or (C).
(2) For the purposes of paragraph (1), the following units are
major units:
(A) In the case of the Army or Marine Corps, a brigade and
a battalion.
(B) In the case of the Navy, a squadron of aircraft, a
ship, and a squadron of ships.
(C) In the case of the Air Force, a squadron of aircraft.
(e) Projection of Savings for Use for Modernization.--The report
shall include a projection for fiscal years 1998 through 2003 of the
amounts of the savings in operation and maintenance funding that--
(1) could be derived by each of the Armed Forces by placing
as many units as is practicable into the lower readiness
categories among the tiers; and
(2) could be made available for force modernization.
(f) Form of Report.--The report under this section shall be
submitted in unclassified form but may contain a classified annex.
(g) Planned Force Enhancement Defined.--In this section, the term
``planned force enhancement'', with respect to the force structure
recommended in the Quadrennial Defense Review, means any future
improvement in the capability of the force (including current strategic
and future improvement in strategic lift capability) that is assumed in
the development of the recommendation for the force structure set forth
in the Quadrennial Defense Review.
SEC. 1035. ASSESSMENT OF CYCLICAL READINESS POSTURE OF THE ARMED
FORCES.
(a) Requirement.--(1) Not later than 120 days after the date of
enactment of this Act, the Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee on National
Security of the House of Representatives a report on the readiness
posture of the Armed Forces described in subsection (b).
(2) The Secretary shall prepare the report required under paragraph
(1) with the assistance of the Joint Chiefs of Staff. In providing such
assistance, the Chairman of the Joint Chiefs of Staff shall consult
with the Chief of the National Guard Bureau.
(b) Readiness Posture.--(1) The readiness posture to be covered by
the report under subsection (a) is a readiness posture for units of the
Armed Forces, or for designated units of the Armed Forces, that
provides for a rotation of such units between a state of high readiness
and a state of low readiness.
(2) As part of the evaluation of the readiness posture described in
paragraph (1), the report shall address in particular a readiness
posture that--
(A) establishes within the Armed Forces two equivalent
forces each structured so as to be capable of fighting and
winning a major theater war; and
(B) provides for an alternating rotation of such forces
between a state of high readiness and a state of low readiness.
(3) The evaluation of the readiness posture described in paragraph
(2) shall be based upon assumptions permitting comparison with the
existing force structure as follows:
(A) That there are assembled from among the units of the
Armed Forces two equivalent forces each structured so as to be
capable of fighting and winning a major theater war.
(B) That each force referred to in subparagraph (A)
includes--
(i) four active Army divisions, including one
mechanized division, one armored division, one light
infantry division, and one division combining airborne
units and air assault units, and appropriate support
and service support units for such divisions;
(ii) six divisions (or division equivalents) of the
Army National Guard or the Army Reserve that are
essentially equivalent in structure, and appropriate
support and service support units for such divisions;
(iii) six aircraft carrier battle groups;
(iv) six active Air Force fighter wings (or fighter
wing equivalents);
(v) four Air Force reserve fighter wings (or
fighter wing equivalents); and
(vi) one active Marine Corps expeditionary force.
(C) That each force may be supplemented by critical units
or units in short supply, including heavy bomber units,
strategic lift units, and aerial reconnaissance units, that are
not subject to the readiness rotation otherwise assumed for
purposes of the evaluation or are subject to the rotation on a
modified basis.
(D) That units of the Armed Forces not assigned to a force
are available for operations other than those essential to
fight and win a major theater war, including peace operations.
(E) That the state of readiness of each force alternates
between a state of high readiness and a state of low readiness
on a frequency determined by the Secretary (but not more often
than once every 6 months) and with only one force at a given
state of readiness at any one time.
(F) That, during the period of state of high readiness of a
force, any operations or activities (including leave and
education and training of personnel) that detract from the
near-term wartime readiness of the force are temporary and
their effects on such state of readiness minimized.
(G) That units are assigned overseas during the period of
state of high readiness of the force to which the units are
assigned primarily on a temporary duty basis.
(H) That, during the period of high readiness of a force,
the operational war plans for the force incorporate the
divisions (or division equivalents) of the Army Reserve or Army
National Guard assigned to the force in a manner such that one
such division (or division equivalent) is, on a rotating basis
for such divisions (or division equivalents) during the period,
maintained in a high state of readiness and dedicated as the
first reserve combat division to be transferred overseas in the
event of a major theater war.
(c) Report Elements.--The report under this section shall include
the following elements for the readiness posture described in
subsection (b)(2):
(1) An estimate of the range of cost savings achievable
over the long term as a result of implementing the readiness
posture, including--
(A) the savings achievable from reduced training
levels and readiness levels during periods in which a
force referred to in subsection (b)(3)(A) is in a state
of low readiness; and
(B) the savings achievable from reductions in costs
of infrastructure overseas as a result of reduced
permanent change of station rotations.
(2) An assessment of the potential risks associated with a
lower readiness status for units assigned to a force in a state
of low readiness under the readiness posture, including the
risks associated with the delayed availability of such units
overseas in the event of two nearly simultaneous major theater
wars.
(3) An assessment of the potential risks associated with
requiring the forces under the readiness posture to fight a
major war in any theater worldwide.
(4) An assessment of the modifications of the current force
structure of the Armed Forces that are necessary to achieve the
range of cost savings estimated under paragraph (1), including
the extent of the diminishment, if any, of the military
capabilities of the Armed Forces as a result of the
modifications.
(5) An assessment whether or not the risks of diminished
military capability associated with implementation of the
readiness posture exceed the risks of diminished military
capability associated with the modifications of the current
force structure necessary to achieve cost savings equivalent to
the best case for cost savings resulting from the
implementation of the readiness posture.
(d) Form of Report.--The report under this section shall be
submitted in unclassified form, but may contain a classified annex.
(e) Definitions.--In this section:
(1) The term ``state of high readiness'', in the case of a
military force, means the capability to mobilize first-to-
arrive units of the force within 18 hours and last-to-arrive
units within 120 days of a particular event.
(2) The term ``state of low readiness'', in the case of a
military force, means the capability to mobilize first-to-
arrive units within 90 days and last-to-arrive units within 180
days of a particular event.
SEC. 1036. OVERSEAS INFRASTRUCTURE REQUIREMENTS.
(a) Findings.--Congress makes the following findings:
(1) United States military forces have been withdrawn from
the Philippines.
(2) United States military forces are to be withdrawn from
Panama by 2000.
(3) There continues to be local opposition to the continued
presence of United States military forces in Okinawa.
(4) The Quadrennial Defense Review lists ``the loss of U.S.
access to critical facilities and lines of communication in key
regions'' as one of the so-called ``wild card'' scenarios
covered in the review.
(5) The National Defense Panel states that ``U.S. forces'
long-term access to forward bases, to include air bases, ports,
and logistics facilities, cannot be assumed''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the President should develop alternatives to the
current arrangement for forward basing of the Armed Forces
outside the United States, including alternatives to the
existing infrastructure for forward basing of forces and
alternatives to the existing international agreements that
provide for basing of United States forces in foreign
countries; and
(2) because the Pacific Rim continues to emerge as a region
of significant economic and military importance to the United
States, a continued presence of the Armed Forces in that region
is vital to the capability of the United States to timely
protect its interests in the region.
(c) Report Required.--Not later than March 31, 1998, the Secretary
of Defense shall submit to the Committee on Armed Services of the
Senate and the Committee on National Security of the House of
Representatives a report on the overseas infrastructure requirements of
the Armed Forces.
(d) Content.--The report shall contain the following:
(1) The quantity and types of forces that the United States
must station in each region of the world in order to support
the current national military strategy of the United States.
(2) The quantity and types of forces that the United States
will need to station in each region of the world in order to
meet the expected or potential future threats to the national
security interests of the United States.
(3) The requirements for access to, and use of, air space
and ground maneuver areas in each such region for training for
the quantity and types of forces identified for the region
pursuant to paragraphs (1) and (2).
(4) A list of the international agreements, currently in
force, that the United States has entered into with foreign
countries regarding the basing of United States forces in those
countries and the dates on which the agreements expire.
(5) A discussion of any anticipated political opposition or
other opposition to the renewal of any of those international
agreements.
(6) A discussion of future overseas basing requirements for
United States forces, taking into account expected changes in
national security strategy, national security environment, and
weapons systems.
(7) The expected costs of maintaining the overseas
infrastructure for foreign based forces of the United States,
including the costs of constructing any new facilities that
will be necessary overseas to meet emerging requirements
relating to the national security interests of the United
States.
(e) Form of Report.--The report may be submitted in a classified or
unclassified form.
SEC. 1037. REPORT ON AIRCRAFT INVENTORY.
(a) Requirement.--(1) Chapter 23 of title 10, United States Code,
is amended by adding at the end the following:
``Sec. 483. Report on aircraft inventory
``(a) Annual Report.--The Under Secretary of Defense (Comptroller)
shall submit to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives each
year a report on the aircraft in the inventory of the Department of
Defense. The Under Secretary shall submit the report when the President
submits the budget to Congress under section 1105(a) of title 31.
``(b) Content.--The report shall set forth, in accordance with
subsection (c), the following information:
``(1) The total number of aircraft in the inventory.
``(2) The total number of the aircraft in the inventory
that are active, stated in the following categories (with
appropriate subcategories for mission aircraft, dedicated test
aircraft, and other aircraft):
``(A) Primary aircraft.
``(B) Backup aircraft.
``(C) Attrition and reconstitution reserve
aircraft.
``(3) The total number of the aircraft in the inventory
that are inactive, stated in the following categories:
``(A) Bailment aircraft.
``(B) Drone aircraft.
``(C) Aircraft for sale or other transfer to
foreign governments.
``(D) Leased or loaned aircraft.
``(E) Aircraft for maintenance training.
``(F) Aircraft for reclamation.
``(G) Aircraft in storage.
``(4) The aircraft inventory requirements approved by the
Joint Chiefs of Staff.
``(c) Display of Information.--The report shall specify the
information required by subsection (b) separately for the active
component of each armed force and for each reserve component of each
armed force and, within the information set forth for each such
component, shall specify the information separately for each type,
model, and series of aircraft provided for in the future-years defense
program submitted to Congress.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following:
``483. Report on aircraft inventory.''.
(b) First Report.--The Under Secretary of Defense (Comptroller)
shall submit the first report under section 483 of title 10, United
States Code (as added by subsection (a)), not later than January 30,
1998.
(c) Modification of Budget Data Exhibits.--The Under Secretary of
Defense (Comptroller) shall ensure that aircraft budget data exhibits
of the Department of Defense that are submitted to Congress display
total numbers of active aircraft where numbers of primary aircraft or
primary authorized aircraft are displayed in those exhibits.
SEC. 1038. DISPOSAL OF EXCESS MATERIALS.
(a) Report.--Not later than January 31, 1998, the Secretary shall
submit to Congress a report on the actions that have been taken or are
planned to be taken within the Department of Defense to address
problems with the sale or other disposal of excess materials.
(b) Required Content.-- At a minimum, the report shall address the
following issues:
(1) Whether any change is needed in the process of coding
military equipment for demilitarization during the acquisition
process.
(2) Whether any change is needed to improve methods used
for the demilitarization of specific types of military
equipment.
(3) Whether any change is needed in the penalties that are
applicable to Federal Government employees or contractor
employees who fail to comply with rules or procedures
applicable to the demilitarization of excess materials.
(4) Whether provision has been made for sufficient
supervision and oversight of the demilitarization of excess
materials by purchasers of the materials.
(5) Whether any additional controls are needed to prevent
the inappropriate transfer of excess materials overseas.
(6) Whether the Department should--
(A) identify categories of materials that are
particularly vulnerable to improper use; and
(B) provide for enhanced review of the sale or
other disposal of such materials.
(7) Whether legislation is necessary to establish
appropriate mechanisms, including repurchase, for the recovery
of equipment that is sold or otherwise disposed of without
appropriate action having been taken to demilitarize the
equipment or to provide for demilitarization of the equipment.
SEC. 1039. REVIEW OF FORMER SPOUSE PROTECTIONS.
(a) Requirement.--The Secretary of Defense shall carry out a
comprehensive review and comparison of--
(1) the protections and benefits afforded under Federal law
to former spouses of members and former members of the
uniformed services by reason of their status as former spouses
of such personnel; and
(2) the protections and benefits afforded under Federal law
to former spouses of employees and former employees of the
Federal Government by reason of their status as former spouses
of such personnel.
(b) Matters To Be Reviewed.--The review under subsection (a) shall
include the following:
(1) In the case of former spouses of members and former
members of the uniformed services, the following:
(A) All provisions of law (principally those
originally enacted in the Uniformed Services Former
Spouses' Protection Act (title X of Public Law 97-252))
that--
(i) establish, provide for the enforcement
of, or otherwise protect interests of former
spouses of members and former members of the
uniformed services in retired or retainer pay
of members and former members; and
(ii) provide other benefits for former
spouses of members and former members.
(B) The experience of the uniformed services in
administering such provisions of law.
(C) The experience of former spouses and members
and former members of the uniformed services in the
administration of such provisions of law.
(2) In the case of former spouses of employees and former
employees of the Federal Government, the following:
(A) All provisions of law that--
(i) establish, provide for the enforcement
of, or otherwise protect interests of former
spouses of employees and former employees of
the Federal Government in annuities of
employees and former employees under Federal
employees' retirement systems; and
(ii) provide other benefits for former
spouses of employees and former employees.
(B) The experience of the Office of Personnel
Management and other agencies of the Federal Government
in administering such provisions of law.
(C) The experience of former spouses and employees
and former employees of the Federal Government in the
administration of such provisions of law.
(c) Sampling Authorized.--The Secretary may use sampling in
carrying out the review under this section.
(d) Report.--Not later than September 30, 1999, the Secretary shall
submit a report on the results of the review and comparison to the
Committee on Armed Services of the Senate and the Committee on National
Security of the House of Representatives. The report shall include any
recommendation for legislation that the Secretary considers
appropriate.
SEC. 1040. ADDITIONAL MATTERS FOR ANNUAL REPORT ON ACTIVITIES OF THE
GENERAL ACCOUNTING OFFICE.
Section 719(b) of title 31, United States Code, is amended by
adding at the end the following:
``(3) The report under subsection (a) shall also include a
statement of the staff hours and estimated cost of work performed on
audits, evaluations, investigations, and related work during each of
the three fiscal years preceding the fiscal year in which the report is
submitted, stated separately for each division of the General
Accounting Office by category as follows:
``(A) A category for work requested by the chairman of a
committee of Congress, the chairman of a subcommittee of such a
committee, or any other member of Congress.
``(B) A category for work required by law to be performed
by the Comptroller General.
``(C) A category for work initiated by the Comptroller
General in the performance of the Comptroller General's general
responsibilities.''.
SEC. 1041. EYE SAFETY AT SMALL ARMS FIRING RANGES.
(a) Actions Required.--The Secretary of the Defense shall--
(1) conduct a study of eye safety at small arms firing
ranges of the Armed Forces; and
(2) develop for the use of the Armed Forces a protocol for
reporting eye injuries incurred in small arms firing activities
at the ranges.
(b) Agency Tasking.--The Secretary may delegate authority to carry
out the responsibilities set forth in subsection (a) to the United
States Army Center for Health Promotion and Preventive Medicine or any
other element of the Department of Defense that the Secretary considers
well qualified to carry out those responsibilities.
(c) Content of Study.--The study shall include the following:
(1) An evaluation of the existing policies, procedures, and
practices of the Armed Forces regarding medical surveillance of
eye injuries resulting from weapons fire at the small arms
ranges.
(2) An examination of the existing policies, procedures,
and practices of the Armed Forces regarding reporting on vision
safety issues resulting from weapons fire at the small arms
ranges.
(3) Determination of rates of eye injuries, and trends in
eye injuries, resulting from weapons fire at the small arms
ranges.
(4) An evaluation of the costs and benefits of a
requirement for use of eye protection devices by all personnel
firing small arms at the ranges.
(d) Report.--The Secretary shall submit a report on the activities
required under this section to the Committees on Armed Services and on
Veterans' Affairs of the Senate and the Committees on National Security
and on Veterans' Affairs of the House of Representatives. The report
shall include--
(1) the findings resulting from the study required under
paragraph (1) of subsection (a); and
(2) the protocol developed under paragraph (2) of such
subsection.
(e) Schedule.--(1) The Secretary shall ensure that the study is
commenced not later than October 1, 1997, and is completed within six
months after it is commenced.
(2) The Secretary shall submit the report required under subsection
(d) not later than 30 days after the completion of the study.
SEC. 1042. REPORT ON POLICIES AND PROGRAMS TO PROMOTE HEALTHY
LIFESTYLES AMONG MEMBERS OF THE ARMED FORCES AND THEIR
DEPENDENTS.
(a) Report.--Not later than March 30, 1998, the Secretary of
Defense shall submit to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of Representatives
a report on the effectiveness of the policies and programs of the
Department of Defense intended to promote healthy lifestyles among
members of the Armed Forces and their dependents.
(b) Covered Policies and Programs.--The report under subsection (a)
shall address the following:
(1) Programs intended to educate members of the Armed
Forces and their dependents about the potential health
consequences of the use of alcohol and tobacco.
(2) Policies of the commissaries, post exchanges, service
clubs, and entertainment activities relating to the sale and
use of alcohol and tobacco.
(3) Programs intended to provide support to members of the
Armed Forces and dependents who elect to reduce or eliminate
their use of alcohol or tobacco.
(4) Any other policies or programs intended to promote
healthy lifestyles among members of the Armed Forces and their
dependents.
SEC. 1043. REPORT ON POLICIES AND PRACTICES RELATING TO THE PROTECTION
OF MEMBERS OF THE ARMED FORCES ABROAD FROM TERRORIST
ATTACK.
(a) Findings.--Congress makes the following findings:
(1) On June 25, 1996, a bomb detonated not more than 80
feet from the Air Force housing complex known as Khobar Towers
in Dhahran, Saudi Arabia, killing 19 members of the Air Force
and injuring hundreds more.
(2) On June 13, 1996, a report by the Bureau of
Intelligence and Research of the Department of State
highlighted security concerns in the region in which Dharhan is
located.
(3) On June 17, 1996, the Department of Defense received an
intelligence report detailing a high level of risk to the
complex.
(4) In January 1996, the Office of Special Investigations
of the Air Force issued a vulnerability assessment for the
complex, which assessment highlighted the vulnerability of
perimeter security at the complex given the proximity of the
complex to a boundary fence and the lack of the protective
coating Mylar on its windows.
(b) Report.--Not later than 90 days after the date of enactment of
this Act, the Secretary of Defense shall submit to the congressional
defense committees a report containing the following:
(1) An assessment of the current policies and practices of
the Department of Defense with respect to the protection of
members of the Armed Forces abroad against terrorist attack,
including any modifications to such policies or practices that
are proposed or implemented as a result of the assessment.
(2) An assessment of the procedures of the Department of
Defense intended to determine accountability, if any, in the
command structure in instances in which a terrorist attack
results in the loss of life at an installation or facility of
the Armed Forces abroad.
SEC. 1044. REPORT ON DEPARTMENT OF DEFENSE FAMILY NOTIFICATION AND
ASSISTANCE PROCEDURES IN CASES OF MILITARY AVIATION
ACCIDENTS.
(a) Findings.--Congress makes the following findings:
(1) There is a need for the Department of Defense to
improve significantly the family notification procedures of the
department that are applicable in cases of Armed Forces
personnel casualties and Department of Defense civilian
personnel casualties resulting from military aviation
accidents.
(2) This need was demonstrated in the aftermath of the
tragic crash of a C-130 aircraft off the coast of Northern
California that killed 10 Reserves from Oregon on November 22,
1996.
(3) The experience of the members of the families of those
Reserves has left the family members with a general perception
that the existing Department of Defense procedures for
notifications regarding casualties and related matters did not
meet the concerns and needs of the families.
(4) It is imperative that Department of Defense
representatives involved in family notifications regarding
casualties have the qualifications and experience to provide
meaningful information on accident investigations and effective
grief counseling.
(5) Military families deserve the best possible care,
attention, and information, especially at a time of tragic
personal loss.
(6) Although the Department of Defense provides much needed
logistical support, including transportation and care of
remains, survivor counseling, and other benefits in cases of
tragedies like the crash of the C-130 aircraft on November 22,
1996, the support may be insufficient to meet the immediate
emotional and personal needs of family members affected by such
tragedies.
(7) It is important that the flow of information to
surviving family members be accurate and timely, and be
provided to family members in advance of media reports, and,
therefore, that the Department of Defense give a high priority,
to the extent practicable, to providing the family members with
all relevant information on an accident as soon as it becomes
available, consistent with the national security interests of
the United States, and to allowing the family members full
access to any public hearings or public meetings about the
accident.
(8) Improved procedures for civilian family notification
that have been adopted by the Federal Aviation Administration
and National Transportation Safety Board might serve as a
useful model for reforms to Department of Defense procedures.
(b) Reports by Secretary of Defense.--(1) Not later than December
1, 1997, the Secretary of Defense shall submit to Congress a report on
the advisability of establishing a process for conducting a single,
public investigation of each Department of Defense aviation accident
that is similar to the accident investigation process of the National
Transportation Safety Board. The report shall include--
(A) a discussion of whether adoption of the accident
investigation process of the National Transportation Safety
Board by the Department of Defense would result in benefits
that include the satisfaction of needs of members of families
of victims of the accident, increased aviation safety, and
improved maintenance of aircraft;
(B) a determination of whether the Department of Defense
should adopt that accident investigation process; and
(C) any justification for the current practice of the
Department of Defense of conducting separate accident and
safety investigations.
(2) Not later than April 2, 1998, the Secretary of Defense shall
submit to Congress a report on assistance provided by the Department of
Defense to families of casualties among Armed Forces and civilian
personnel of the department. The report shall include--
(A) a discussion of the adequacy and effectiveness of the
family notification procedures of the Department of Defense,
including the procedures of the military departments; and
(B) a description of the assistance provided to members of
the families of such personnel.
(c) Report by Department of Defense Inspector General.--(1) Not
later than December 1, 1997, the Inspector General of the Department of
Defense shall review the procedures of the Federal Aviation
Administration and the National Transportation Safety Board for
providing information and assistance to members of families of
casualties of nonmilitary aviation accidents, and submit a report on
the review to Congress. The report shall include a discussion of the
following matters:
(A) Designation of an experienced non-profit organization
to provide assistance for satisfying needs of families of
accident victims.
(B) An assessment of the system and procedures for
providing families with information on accidents and accident
investigations.
(C) Protection of members of families from unwanted
solicitations relating to the accident.
(D) A recommendation regarding whether the procedures or
similar procedures should be adopted by the Department of
Defense, and if the recommendation is not to adopt the
procedures, a detailed justification for the recommendation.
(d) Unclassified Form of Reports.--The reports under subsections
(b) and (c) shall be submitted in unclassified form.
SEC. 1045. REPORT ON HELSINKI JOINT STATEMENT.
(a) Requirement.--Not later than March 31, 1998, the President
shall submit to the congressional defense committees a report on the
Helsinki Joint Statement on future reductions in nuclear forces. The
report shall address the United States approach (including verification
implications) to implementing the Helsinki Joint Statement, in
particular, as it relates to: lower aggregate levels of strategic
nuclear warheads; measures relating to the transparency of strategic
nuclear warhead inventories and the destruction of strategic nuclear
warheads; deactivation of strategic nuclear delivery vehicles; measures
relating to nuclear long-range sea-launched cruise missiles and
tactical nuclear systems; and issues related to transparency in nuclear
materials.
(b) Definitions.--In this section:
(1) The term ``Helsinki Joint Statement'' means the
agreements between the President of the United States and the
President of the Russian Federation as contained in the Joint
Statement on Parameters on Future Reductions in Nuclear Forces
issued at Helsinki in March 1997.
(2) The term ``START II TREATY'' means the Treaty Between
the United States of America and the Russian Federation on
Further Reduction and Limitation on Strategic Offensive Arms,
signed at Moscow on January 3, 1993, including any protocols
and memoranda of understanding associated with the treaty.
SEC. 1046. ASSESSMENT OF THE CUBAN THREAT TO UNITED STATES NATIONAL
SECURITY.
(a) Findings.--Congress makes the following findings:
(1) The United States has been an avowed enemy of Cuba for
over 35 years, and Fidel Castro has made hostility towards the
United States a principal tenet of his domestic and foreign
policy.
(2) The ability of the United States as a sovereign nation
to respond to any Cuban provocation is directly related to the
ability of the United States to defend the people and territory
of the United States against any Cuban attack.
(3) In 1994, the Government of Cuba callously encouraged a
massive exodus of Cubans, by boat and raft, toward the United
States.
(4) Countless numbers of those Cubans lost their lives on
the high seas as a result of those actions of the Government of
Cuba.
(5) The humanitarian response of the United States to
rescue, shelter, and provide emergency care to those Cubans,
together with the actions taken to absorb some 30,000 of those
Cubans into the United States, required immeasurable efforts
and expenditures of hundreds of millions of dollars for the
costs incurred by the United States and State and local
governments in connection with those efforts.
(6) On February 24, 1996, Cuban MiG aircraft attacked and
destroyed, in international airspace, two unarmed civilian
aircraft flying from the United States, and the four persons in
those unarmed civilian aircraft were killed.
(7) Since the attack, the Cuban government has issued no
apology for the attack, nor has it indicated any intention to
conform its conduct to international law that is applicable to
civilian aircraft operating in international airspace.
(b) Review and Report.--Not later than March 30, 1998, the
Secretary of Defense shall carry out a comprehensive review and
assessment of Cuban military capabilities and the threats to the
national security of the United States that are posed by Fidel Castro
and the Government of Cuba and submit a report on the review to the
Committee on Armed Services of the Senate and the Committee on National
Security of the House of Representatives. The report shall contain--
(1) a discussion of the results of the review, including an
assessment of the contingency plans; and
(2) the Secretary's assessment of the threats, including--
(A) such unconventional threats as--
(i) encouragement of migration crises; and
(ii) attacks on citizens and residents of
the United States while they are engaged in
peaceful protest in international waters or
airspace;
(B) the potential for development and delivery of
chemical or biological weapons; and
(C) the potential for internal strife in Cuba that
could involve citizens or residents of the United
States or the Armed Forces of the United States.
(c) Consultation on Review and Assessment.--In performing the
review and preparing the assessment, the Secretary of Defense shall
consult with the Chairman of the Joint Chiefs of Staff, the Commander-
in-Chief of the United States Southern Command, and the heads of other
appropriate agencies of the Federal Government.
SEC. 1047. FIRE PROTECTION AND HAZARDOUS MATERIALS PROTECTION AT FORT
MEADE, MARYLAND.
(a) Plan.--Not later than 120 days after the date of enactment of
this Act, the Secretary of the Army shall submit to the congressional
defense committees a plan to address the requirements for fire
protection services and hazardous materials protection services at Fort
Meade, Maryland, including the National Security Agency at Fort Meade,
as identified in the preparedness evaluation report of the Army Corps
of Engineers on Fort Meade.
(b) Elements.--The plan shall include the following:
(1) A schedule for the implementation of the plan.
(2) A detailed list of funding options available to provide
centrally located, modern facilities and equipment to meet
current requirements for fire protection services and hazardous
materials protection services at Fort Meade.
SEC. 1048. REPORT TO CONGRESS ASSESSING DEPENDENCE ON FOREIGN SOURCES
FOR CERTAIN RESISTORS AND CAPACITORS.
(a) Report Required.--Not later than May 1, 1998, the Secretary of
Defense shall submit to Congress a report--
(1) assessing the level of dependence on foreign sources
for procurement of certain resistors and capacitors and
projecting the level of such dependence that is likely to
obtain after the implementation of relevant tariff reductions
required by the Information Technology Agreement; and
(2) recommending appropriate changes, if any, in defense
procurement or other Federal policies on the basis of the
national security implications of such actual or projected
foreign dependence.
(b) Definition.--For purposes of this section, the term ``certain
resistors and capacitors'' shall mean--
(1) fixed resistors,
(2) wirewound resistors,
(3) film resistors,
(4) solid tantalum capacitors,
(5) multi-layer ceramic capacitors, and
(6) wet tantalum capacitors.
Subtitle E--Other Matters
SEC. 1051. PSYCHOTHERAPIST-PATIENT PRIVILEGE IN THE MILITARY RULES OF
EVIDENCE.
(a) Requirement for Proposed Rule.--The Secretary of Defense shall
submit to the President, for consideration for promulgation under
article 36 of the Uniform Code of Military Justice (10 U.S.C. 836), a
recommended amendment to the Military Rules of Evidence that recognizes
an evidentiary privilege regarding disclosure by a psychotherapist of
confidential communications between a patient and the psychotherapist.
(b) Applicability of Privilege.--The recommended amendment shall
include a provision that applies the privilege to--
(1) patients who are not subject to the Uniform Code of
Military Justice; and
(2) any patients subject to the Uniform Code of Military
Justice that the Secretary determines it appropriate for the
privilege to cover.
(c) Scope of Privilege.--The evidentiary privilege recommended
pursuant to subsection (a) shall be similar in scope to the
psychotherapist-patient privilege recognized under Rule 501 of the
Federal Rules of Evidence, subject to such exceptions and limitations
as the Secretary determines appropriate on the bases of law, public
policy, and military necessity.
(d) Deadline for Recommendation.--The Secretary shall submit the
recommendation under subsection (a) on or before the later of the
following dates:
(1) The date that is 90 days after the date of the
enactment of this Act.
(2) January 1, 1998.
SEC. 1052. NATIONAL GUARD CIVILIAN YOUTH OPPORTUNITIES PILOT PROGRAM.
(a) Extension of Pilot Program Authority for Current Number of
Programs.--Subsection (a) of section 1091 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 32 U.S.C.
501 note) is amended--
(1) by striking out ``During fiscal years 1993 through
1995'' and inserting in lieu thereof ``(1) During fiscal years
1993 through 1998''; and
(2) by adding at the end the following new paragraph:
``(2) In fiscal years after fiscal year 1995, the number of
programs carried out under subsection (d) as part of the pilot program
may not exceed the number of such programs as of September 30, 1995.''.
(b) Fiscal Restrictions.--(1) Section 1091 of such Act is amended
by striking out subsection (k) and inserting in lieu thereof the
following:
``(k) Fiscal Restrictions.--(1) The Federal Government's share of
the total cost of carrying out a program in a State as part of the
pilot program in any fiscal year after fiscal year 1997 may not exceed
50 percent of that total cost.
``(2) The total amount expended for carrying out the program during
a fiscal year may not exceed $20,000,000.''.
(2) Subsection (d)(3) of such section is amended by inserting ``,
subject to subsection (k)(1),'' after ``provide funds''.
(c) Conforming Repeal.--Section 573 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat.
355; 32 U.S.C. 501 note) is repealed.
SEC. 1053. PROTECTION OF ARMED FORCES PERSONNEL DURING PEACE
OPERATIONS.
(a) Protection of Personnel.--
(1) In general.--The Secretary of Defense shall take
appropriate actions to ensure that units of the Armed Forces
(including Army units, Marine Corps units, Air Force units, and
support units for such units) engaged in peace operations have
adequate troop protection equipment for such operations.
(2) Specific actions.--In taking such actions, the
Secretary shall--
(A) identify the additional troop protection
equipment, if any, required to equip a division
equivalent with adequate troop protection equipment for
peace operations;
(B) establish procedures to facilitate the exchange
of troop protection equipment among the units of the
Armed Forces; and
(C) designate within the Department of Defense an
individual responsible for--
(i) ensuring the proper allocation of troop
protection equipment among the units of the
Armed Forces engaged in peace operations; and
(ii) monitoring the availability, status or
condition, and location of such equipment.
(b) Report.--Not later than March 1, 1998, the Secretary shall
submit to Congress a report on the actions taken by the Secretary under
subsection (a).
(c) Troop Protection Equipment Defined.--In this section, the term
``troop protection equipment'' means the equipment required by units of
the Armed Forces to defend against any hostile threat that is likely
during a peace operation, including an attack by a hostile crowd, small
arms fire, mines, and a terrorist bombing attack.
SEC. 1054. LIMITATION ON RETIREMENT OR DISMANTLEMENT OF STRATEGIC
NUCLEAR DELIVERY SYSTEMS.
(a) Funding Limitation.--Funds available to the Department of
Defense may not be obligated or expended during fiscal year 1998 for
retiring or dismantling, or for preparing to retire or dismantle, any
of the following strategic nuclear delivery systems below the specified
levels:
(1) 71 B-52H bomber aircraft.
(2) 18 Trident ballistic missile submarines.
(3) 500 Minuteman III intercontinental ballistic missiles.
(4) 50 Peacekeeper intercontinental ballistic missiles.
(b) Waiver Authority.--If the START II Treaty enters into force
during fiscal year 1997 or fiscal year 1998, the Secretary of Defense
may waive the application of the limitation under subsection (a) to the
extent that the Secretary determines necessary in order to implement
the treaty.
(c) Funding Limitation on Early Deactivation.--(1) If the
limitation under subsection (a) ceases to apply by reason of a waiver
under subsection (b), funds available to the Department of Defense may
nevertheless not be obligated or expended during fiscal year 1998 to
implement any agreement or understanding to undertake substantial early
deactivation of a strategic nuclear delivery system specified in
subsection (a) until 30 days after the date on which the President
submits to Congress a report concerning such actions.
(2) For purposes of this subsection, a substantial early
deactivation is an action during fiscal year 1998 to deactivate a
substantial number of strategic nuclear delivery systems specified in
subsection (a) by--
(A) removing nuclear warheads from those systems; or
(B) taking other steps to remove those systems from combat
status.
(3) A report under this subsection shall include the following:
(A) The text of any understanding or agreement between the
United States and the Russian Federation concerning substantial
early deactivation of strategic nuclear delivery systems under
the START II Treaty.
(B) The plan of the Department of Defense for implementing
the agreement.
(C) An assessment of the Secretary of Defense of the
adequacy of the provisions contained in the agreement for
monitoring and verifying compliance of Russia with the terms of
the agreement.
(D) A determination by the President as to whether the
deactivations to occur under the agreement will be carried out
in a symmetrical, reciprocal, or equivalent manner.
(E) An assessment by the President of the effect of the
proposed early deactivation on the stability of the strategic
balance and relative strategic nuclear capabilities of the
United States and the Russian Federation at various stages
during deactivation and upon completion.
(d) Contingency Plan for Sustainment of Systems.--(1) Not later
then February 15, 1998, the Secretary of Defense shall submit to the
congressional defense committees a plan for the sustainment beyond
October 1, 1999, of United States strategic nuclear delivery systems
and alternative Strategic Arms Reduction Treaty force structures in the
event that a strategic arms reduction agreement subsequent to the
Strategic Arms Reduction Treaty does not enter into force before 2004.
(2) The plan shall include a discussion of the following matters:
(A) The actions that are necessary to sustain the United
States strategic nuclear delivery systems, distinguishing
between the actions that are planned for and funded in the
future-years defense program and the actions that are not
planned for and funded in the future-years defense program.
(B) The funding necessary to implement the plan, indicating
the extent to which the necessary funding is provided for in
the future-years defense program and the extent to which the
necessary funding is not provided for in the future-years
defense program.
(e) START Treaties Defined.--In this section:
(1) The term ``Strategic Arms Reduction Treaty'' means the
Treaty Between the United States of America and the United
Soviet Socialist Republics on the Reduction and Limitation of
Strategic Offensive Arms (START), signed at Moscow on July 31,
1991, including related annexes on agreed statements and
definitions, protocols, and memorandum of understanding.
(2) The term ``START II Treaty'' means the Treaty Between
the United States of America and the Russian Federation on
Further Reduction and Limitation of Strategic Offensive Arms,
signed at Moscow on January 3, 1993, including the following
protocols and memorandum of understanding, all such documents
being integral parts of and collectively referred to as the
``START II Treaty'' (contained in Treaty Document 103-1):
(A) The Protocol on Procedures Governing
Elimination of Heavy ICBMs and on Procedures Governing
Conversion of Silo Launchers of Heavy ICBMs Relating to
the Treaty Between the United States of America and the
Russian Federation on Further Reduction and Limitation
of Strategic Offensive Arms (also known as the
``Elimination and Conversion Protocol'').
(B) The Protocol on Exhibitions and Inspections of
Heavy Bombers Relating to the Treaty Between the United
States and the Russian Federation on Further Reduction
and Limitation of Strategic Offensive Arms (also known
as the ``Exhibitions and Inspections Protocol'').
(C) The Memorandum of Understanding on Warhead
Attribution and Heavy Bomber Data Relating to the
Treaty Between the United States of America and the
Russian Federation on Further Reduction and Limitation
of Strategic Offensive Arms (also known as the
``Memorandum on Attribution'').
SEC. 1055. ACCEPTANCE AND USE OF LANDING FEES FOR USE OF OVERSEAS
MILITARY AIRFIELDS BY CIVIL AIRCRAFT.
(a) Authority.--Section 2350j of title 10, United States Code, is
amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Payments for Civil Use of Military Airfields.--The authority
under subsection (a) includes authority for the Secretary of a military
department to accept payments of landing fees for use of a military
airfield by civil aircraft that are prescribed pursuant to an agreement
that is entered into with the government of the country in which the
airfield is located. Payments received under this subsection in a
fiscal year shall be credited to the appropriation that is available
for the fiscal year for the operation and maintenance of the military
airfield, shall be merged with amounts in the appropriation to which
credited, and shall be available for the same period and purposes as
the appropriation is available.''.
(b) Conforming Amendments.--(1) Subsection (b) of such section is
amended by striking out ``Any'' at the beginning of the second sentence
and inserting in lieu thereof ``Except as provided in subsection (f),
any''.
(2) Subsection (c) of such section is amended by striking out
``Contributions'' in the matter preceding paragraph (1), and inserting
in lieu thereof ``Except as provided in subsection (f),
contributions''.
SEC. 1056. ONE-YEAR EXTENSION OF INTERNATIONAL NONPROLIFERATION
INITIATIVE.
(a) One-Year Extension.--Subsection (f) of section 1505 of the
Weapons of Mass Destruction Control Act of 1992 (title XV of the
National Defense Authorization Act for Fiscal Year 1993; 22 U.S.C.
5859a) is amended by striking out ``1997'' and inserting in lieu
thereof ``1998''.
(b) Limitations on Amount of Assistance for Additional Fiscal
Years.--Subsection (d)(3) of such section is amended by striking out
``or $15,000,000 for fiscal year 1997'' and inserting in lieu thereof
``$15,000,000 for fiscal year 1997, or $15,000,000 for fiscal year
1998''.
SEC. 1057. ARMS CONTROL IMPLEMENTATION AND ASSISTANCE FOR FACILITIES
SUBJECT TO INSPECTION UNDER THE CHEMICAL WEAPONS
CONVENTION.
(a) Assistance Authorized.--The On-Site Inspection Agency of the
Department of Defense may provide technical assistance, on a
reimbursable basis (in accordance with subsection (b)), to a facility
that is subject to a routine or challenge inspection under the Chemical
Weapons Convention upon the request of the owner or operator of the
facility.
(b) Reimbursement Requirement.--The United States National
Authority shall reimburse the On-Site Inspection Agency for costs
incurred by the agency in providing assistance under subsection (a).
(c) Definitions.--In this section:
(1) The terms ``Chemical Weapons Convention'' and
``Convention'' mean the Convention on the Prohibition of the
Development, Production, Stockpiling and Use of Chemical
Weapons and on Their Destruction, opened for signature on
January 13, 1993.
(2) The term ``facility that is subject to a routine
inspection'' means a declared facility, as defined in paragraph
15 of part X of the Annex on Implementation and Verification of
the Convention.
(3) The term ``challenge inspection'' means an inspection
conducted under Article IX of the Convention.
(4) The term ``United States National Authority'' means the
United States National Authority established or designated
pursuant to Article VII, paragraph 4, of the Chemical Weapons
Convention.
SEC. 1058. SENSE OF SENATE REGARDING THE RELATIONSHIP BETWEEN
ENVIRONMENTAL LAWS AND UNITED STATES OBLIGATIONS UNDER
THE CHEMICAL WEAPONS CONVENTION.
(a) Findings.--The Senate makes the following findings:
(1) The Chemical Weapons Convention requires the
destruction of the United States stockpile of lethal chemical
agents and munitions within 10 years after the Convention's
entry into force (or 2007).
(2) The President possesses substantial powers under
existing law to ensure that the technologies necessary to
destroy the stockpile are developed, that the facilities
necessary to destroy the stockpile are constructed, and that
Federal, State, and local environmental laws and regulations do
not impair the ability of the United States to comply with its
obligations under the Convention.
(b) Sense of Senate.--It is the sense of the Senate that the
President--
(1) should use the authority granted the President under
existing law to ensure that the United States is able to
construct and operate the facilities necessary to destroy the
United States stockpile of lethal chemical agents and munitions
within the time allowed by the Chemical Weapons Convention; and
(2) while carrying out the United States obligations under
the Convention, should encourage negotiations between
appropriate Federal Government officials and officials of the
State and local governments concerned to attempt to meet their
concerns about the actions being taken to carry out those
obligations.
(c) Chemical Weapons Convention Defined.--In this section, the
terms ``Chemical Weapons Convention'' and ``Convention'' mean the
Convention on the Prohibition of the Development, Production,
Stockpiling and Use of Chemical Weapons and on Their Destruction,
opened for signature on January 13, 1993.
SEC. 1059. SENSE OF CONGRESS REGARDING FUNDING FOR RESERVE COMPONENT
MODERNIZATION NOT REQUESTED IN THE ANNUAL BUDGET REQUEST.
(a) Limitation.--It is the sense of Congress that, to the maximum
extent practicable, Congress should consider authorizing appropriations
for reserve component modernization activities not included in the
budget request of the Department of Defense for a fiscal year only if--
(1) there is a Joint Requirements Oversight Council
validated requirement for the equipment;
(2) the equipment is included for reserve component
modernization in the modernization plan of the military
department concerned and is incorporated into the future-years
defense program;
(3) the equipment is consistent with the use of reserve
component forces;
(4) the equipment is necessary in the national security
interests of the United States; and
(5) the funds can be obligated in the fiscal year.
(b) Views of the Chairman, Joint Chiefs of Staff.--It is further
the sense of Congress that, in applying the criteria set forth in
subsection (a), Congress should obtain the views of the Chairman of the
Joint Chiefs of Staff, including views on whether funds for equipment
not included in the budget request are appropriate for the employment
of reserve component forces in Department of Defense warfighting plans.
SEC. 1060. AUTHORITY OF SECRETARY OF DEFENSE TO SETTLE CLAIMS RELATING
TO PAY, ALLOWANCES, AND OTHER BENEFITS.
(a) Authority To Waive Time Limitations.--Paragraph (1) of section
3702(e) of title 31, United States Code, is amended by striking out
``Comptroller General'' and inserting in lieu thereof ``Secretary of
Defense''.
(b) Appropriation To Be Charged.--Paragraph (2) of such section is
amended by striking out ``shall be subject to the availability of
appropriations for payment of that particular claim'' and inserting in
lieu thereof ``shall be made from an appropriation that is available,
for the fiscal year in which the payment is made, for the same purpose
as the appropriation to which the obligation claimed would have been
charged if the obligation had been timely paid''.
SEC. 1061. COORDINATION OF ACCESS OF COMMANDERS AND DEPLOYED UNITS TO
INTELLIGENCE COLLECTED AND ANALYZED BY THE INTELLIGENCE
COMMUNITY.
(a) Findings.--Congress makes the following findings:
(1) Coordination of operational intelligence support for
the commanders of the combatant commands and deployed units of
the Armed Forces has proven to be inadequate.
(2) Procedures used to reconcile information among various
intelligence community and Department of Defense data bases
proved to be inadequate and, being inadequate, diminished the
usefulness of that information and preclude commanders and
planners within the Armed Forces from fully benefiting from key
information that should have been available to them.
(3) Excessive compartmentalization of responsibilities and
information within the Department of Defense and the other
elements of the intelligence community resulted in inaccurate
analysis of important intelligence material.
(4) Excessive restrictions on the distribution of
information within the executive branch disadvantaged units of
the Armed Forces that would have benefited most from the
information.
(5) Procedures used in the Department of Defense to ensure
that critical intelligence information is provided to the right
combat units in a timely manner failed during the Persian Gulf
War and, as a result, information about potential chemical
weapons storage locations did not reach the units that
eventually destroyed those storage areas.
(6) A recent, detailed review of the events leading to and
following the destruction of chemical weapons by members of the
Armed Forces at Khamisiyah, Iraq, during the Persian Gulf War
has revealed a number of inadequacies in the way the Department
of Defense and the other elements of the intelligence community
handled, distributed, recorded, and stored intelligence
information about the threat of exposure of United States
forces to chemical weapons and the toxic agents in those
weapons.
(7) The inadequacy of procedures for recording the receipt
of, and reaction to, intelligence reports provided by the
intelligence community to combat units of the Armed Forces
during the Persian Gulf War has caused it to be impossible to
analyze the failures in transmission of intelligence-related
information on the location of chemical weapons at Khamisiyah,
Iraq, that resulted in the demolition of chemical weapons by
members of the Armed Forces unaware of the hazards to which
they were exposed.
(b) Reporting Requirement.--Not later than March 1, 1998, the
Secretary of Defense shall submit to Congress a report that identifies
the specific actions that have been taken or are being taken to ensure
that there is adequate coordination of operational intelligence support
for the commanders of the combatant commands and deployed units of the
Armed Forces.
(c) Definition of Intelligence Community.--In this section, the
term ``intelligence community'' has the meaning given the term in
section 3 of the National Security Act of 1947 (50 U.S.C. 401a).
SEC. 1062. PROTECTION OF IMAGERY, IMAGERY INTELLIGENCE, AND GEOSPATIAL
INFORMATION AND DATA.
(a) Protection of Information on Capabilities.--Paragraph (1)(B) of
section 455(b) of title 10, United States Code, is amended by inserting
``, or capabilities,'' after ``methods''.
(b) Products Protected.--(1) Paragraph (2) of such section is
amended to read as follows:
``(2) In this subsection, the term `geodetic product' means
imagery, imagery intelligence, or geospatial information, as those
terms are defined in section 467 of this title.''.
(2) Section 467(4)(C) of title 10, United States Code, is amended
to read as follows:
``(C) maps, charts, geodetic data, and related
products.''.
SEC. 1063. PROTECTION OF AIR SAFETY INFORMATION VOLUNTARILY PROVIDED BY
A CHARTER AIR CARRIER.
Section 2640 of title 10, United States Code, is amended--
(1) by redesignating subsections (h) and (i) as subsections
(i) and (j), respectively; and
(2) by inserting after subsection (g) the following new
subsection (h):
``(h) Protection of Voluntarily Submitted Air Safety Information.--
(1) Subject to paragraph (2), the appropriate official may deny a
request made under any other provision of law for public disclosure of
safety-related information that has been provided voluntarily by an air
carrier to the Secretary of Defense for the purposes of this section,
notwithstanding the provision of law under which the request is made.
``(2) The appropriate official may exercise authority to deny a
request for disclosure of information under paragraph (1) if the
official first determines that--
``(A) the disclosure of the information as requested would
inhibit an air carrier from voluntarily disclosing, in the
future, safety-related information for the purposes of this
section or for other air safety purposes involving the
Department of Defense or another Federal agency; and
``(B) the receipt of such information generally enhances
the fulfillment of responsibilities under this section or other
air safety responsibilities involving the Department of Defense
or another Federal agency.
``(3) For the purposes of this section, the appropriate official
for exercising authority under paragraph (1) is--
``(A) the Secretary of Defense, in the case of a request
for disclosure of information that is directed to the
Department of Defense; or
``(B) the head of another Federal agency, in the case of a
request that is directed to that Federal agency regarding
information described in paragraph (1) that the Federal agency
has received from the Department of Defense.''.
SEC. 1064. SUSTAINMENT AND OPERATION OF GLOBAL POSITIONING SYSTEM.
(a) Findings.--Congress makes the following findings:
(1) The Global Positioning System, with its multiple uses,
makes significant contributions to the attainment of the
national security and foreign policy goals of the United
States, the safety and efficiency of international
transportation, and the economic growth, trade, and
productivity of the United States.
(2) The infrastructure for the Global Positioning System,
including both space and ground segments of the infrastructure,
is vital to the effectiveness of United States and allied
military forces and to the protection of the national security
interests of the United States.
(3) In addition to having military uses, the Global
Positioning System has essential civil, commercial, and
scientific uses.
(4) Driven by the increasing demand of civil, commercial,
and scientific users of the Global Positioning System--
(A) there has emerged in the United States a new
commercial industry to provide Global Positioning
System equipment and related services to the many and
varied users of the system; and
(B) there have been rapid technical advancements in
Global Positioning System equipment and services that
have contributed significantly to reductions in the
cost of the Global Positioning System and increases in
the technical capabilities and availability of the
system for military uses.
(5) It is in the national interest of the United States for
the United States--
(A) to support continuation of the multiple-use
character of the Global Positioning System;
(B) to promote broader acceptance and use of the
Global Positioning System and the technological
standards that facilitate expanded use of the system
for civil purposes;
(C) to coordinate with other countries to ensure--
(i) efficient management of the
electromagnetic spectrum utilized for the
Global Positioning System; and
(ii) protection of that spectrum in order
to prevent disruption of, and interference
with, signals from the system; and
(D) to encourage open access in all international
markets to the Global Positioning System and supporting
equipment, services, and techniques.
(b) Sustainment and Operation for Military Purposes.--The Secretary
of Defense shall--
(1) provide for the sustainment of the Global Positioning
System capabilities, and the operation of basic Global
Positioning System services, that are beneficial for the
national security interests of United States;
(2) develop appropriate measures for preventing hostile use
of the Global Positioning System that make it unnecessary to
use the selective availability feature of the system
continuously and do not hinder the use of the Global
Positioning System by the United States and its allies for
military purposes; and
(3) ensure that United States military forces have the
capability to use the Global Positioning System effectively
despite hostile attempts to prevent the use of the system by
such forces.
(c) Sustainment and Operation for Civilian Purposes.--The Secretary
of Defense shall--
(1) provide for the sustainment and operation of basic
Global Positioning System services for peaceful civil,
commercial, and scientific uses on a continuous worldwide basis
free of direct user fees;
(2) provide for the sustainment and operation of basic
Global Positioning System services in order to meet the
performance requirements of the Federal Radionavigation Plan
jointly issued by the Secretary of Defense and the Secretary of
Transportation;
(3) coordinate with the Secretary of Transportation
regarding the development and implementation by the Federal
Government of augmentations to the basic Global Positioning
System that achieve or enhance uses of the system in support of
transportation;
(4) coordinate with the Secretary of Commerce, the United
States Trade Representative, and other appropriate officials to
facilitate the development of new and expanded civil uses for
the Global Positioning System; and
(5) develop measures for preventing hostile use of the
Global Positioning System in a particular area without
hindering peaceful civil use of the system elsewhere.
(d) Federal Radionavigation Plan.--The Secretary of Defense and the
Secretary of Transportation shall continue to prepare the Federal
Radionavigation Plan every two years as originally provided for in the
International Maritime Satellite Telecommunications Act (title V of the
Communications Satellite Act of 1962; 47 U.S.C. 751 et seq.).
(e) International Cooperation.--Congress urges the President to
promote the security of the United States and its allies, the public
safety, and commercial interests by--
(1) undertaking a coordinated effort within the executive
branch to seek to establish the Global Positioning System, and
augmentations to the system, as a worldwide resource;
(2) seeking to enter into international agreements to
establish signal and service standards that protect the Global
Positioning System from disruption and interference; and
(3) undertaking efforts to eliminate any barriers to, and
other restrictions of foreign governments on, peaceful uses of
the Global Positioning System.
(f) Prohibition of Support of Foreign System.--None of the funds
authorized to be appropriated under this Act may be used to support the
operation and maintenance or enhancement of any satellite navigation
system operated by a foreign country.
(g) Report.--(1) Not later than 30 days after the end of each even
numbered fiscal year (beginning with fiscal year 1998), the Secretary
of Defense shall submit to the Committees on Armed Services and on
Appropriations on the Senate and the Committees on National Security
and on Appropriations of the House of Representatives a report on the
Global Positioning System. The report shall include a discussion of the
following matters:
(A) The operational status of the Global Positioning
System.
(B) The capability of the system to satisfy effectively--
(i) the military requirements for the system that
are current as of the date of the report; and
(ii) the performance requirements of the Federal
Radionavigation Plan.
(C) The most recent determination by the President
regarding continued use of the selective availability feature
of the Global Positioning System and the expected date of any
change or elimination of use of that feature.
(D) The status of cooperative activities undertaken by the
United States with the governments of other countries
concerning the capability of the Global Positioning System or
any augmentation of the system to satisfy civil, commercial,
scientific, and military requirements, including a discussion
of the status and results of activities undertaken under any
regional international agreement.
(E) Any progress made toward establishing the Global
Positioning System as an international standard for consistency
of navigational service.
(F) Any progress made toward protecting the Global
Positioning System from disruption and interference.
(G) The effects of use of the Global Positioning System on
national security, regional security, and the economic
competitiveness of United States industry, including the Global
Positioning System equipment and service industry and user
industries.
(2) In preparing the parts of the report required under
subparagraphs (D), (E), (F), and (G) of paragraph (1), the Secretary of
Defense shall consult with the Secretary of Commerce, Secretary of
Transportation, and Secretary of Labor.
(h) Basic Global Positioning System Services Defined.--In this
section, the term ``basic global positioning system services'' means
the following components of the Global Positioning System that are
operated and maintained by the Department of Defense:
(1) The constellation of satellites.
(2) The navigation payloads that produce the Global
Positioning System signals.
(3) The ground stations, data links, and associated command
and control facilities.
SEC. 1065. LAW ENFORCEMENT AUTHORITY FOR SPECIAL AGENTS OF THE DEFENSE
CRIMINAL INVESTIGATIVE SERVICE.
(a) Authority.--Chapter 81 of title 10, United States Code, is
amended by inserting after section 1585 the following new section:
``Sec. 1585a. Special agents of the Defense Criminal Investigative
Service: law enforcement authority
``(a) Authority.--A special agent of the Defense Criminal
Investigative Service designated under subsection (b) has the following
authority:
``(1) To carry firearms.
``(2) To execute and serve any warrant or other process
issued under the authority of the United States.
``(3) To make arrests without warrant for--
``(A) any offense against the United States
committed in the agent's presence; or
``(B) any felony cognizable under the laws of the
United States if the agent has probable cause to
believe that the person to be arrested has committed or
is committing the felony.
``(b) Designation of Agents To Have Authority.--The Secretary of
Defense may designate to have the authority provided under subsection
(a) any special agent of the Defense Criminal Investigative Service
whose duties include conducting, supervising, or coordinating
investigations of criminal activity in programs and operations of the
Department of Defense.
``(c) Guidelines on Exercise of Authority.--The authority provided
under subsection (a) shall be exercised in accordance with guidelines
prescribed by the Inspector General of the Department of Defense and
approved by the Attorney General, and any other applicable guidelines
prescribed by the Secretary of Defense or the Attorney General.''.
(b) Conforming Amendment.--The table of sections at the beginning
of such chapter is amended by inserting after the item relating to
section 1585 the following:
``1585a. Special agents of the Defense Criminal Investigative Service:
law enforcement authority.''.
SEC. 1066. REPEAL OF REQUIREMENT FOR CONTINUED OPERATION OF THE NAVAL
ACADEMY DAIRY FARM.
(a) Repeal.--Section 810 of the Military Construction Authorization
Act, 1968 (Public Law 90-110; 81 Stat. 309) is amended--
(1) by striking out subsection (a); and
(2) in subsection (b), by striking out ``nor shall'' and
all that follows through ``Act of Congress''.
(b) Conforming Amendments.--(1) Section 6971(b)(5) of title 10,
United States Code, is amended by inserting ``(if any)'' before the
period at the end.
(2) Section 2105(b) of title 5, United States Code, is amended by
inserting ``(if any)'' after ``Academy dairy''.
SEC. 1067. POW/MIA INTELLIGENCE ANALYSIS.
The Director of Central Intelligence, in consultation with the
Secretary of Defense, shall provide analytical support on POW/MIA
matters to all departments and agencies of the Federal Government
involved in such matters. The Secretary of Defense shall ensure that
all intelligence regarding POW/MIA matters is taken into full account
in the analysis of POW/MIA cases by DPMO.
SEC. 1068. PROTECTION OF EMPLOYEES FROM RETALIATION FOR CERTAIN
DISCLOSURES OF CLASSIFIED INFORMATION.
(a) Disclosures to Officials Cleared for Access.--Section 2302(b)
of title 5, United States Code, is amended--
(1) in paragraph (8)--
(A) by striking out ``or'' at the end of
subparagraph (A);
(B) by inserting ``or'' at the end of subparagraph
(B)(ii); and
(C) by adding at the end the following:
``(C) a disclosure by an employee or applicant of
information required by law or Executive order to be
kept secret in the interest of national defense or the
conduct of foreign affairs which the employee or
applicant reasonably believes to provide direct and
specific evidence of--
``(i) a violation of any law, rule, or
regulation,
``(ii) gross mismanagement, a gross waste
of funds, abuse of authority, or a substantial
and specific danger to public health or safety,
or
``(iii) a false statement to Congress on an
issue of material fact,
if the disclosure is made to a member of a committee of
Congress having a primary responsibility for oversight
of a department, agency, or element of the Federal
Government to which the disclosed information relates,
to any other Member of Congress who is authorized to
receive information of the type disclosed, or to an
employee of Congress who has the appropriate security
clearance for access to the information disclosed;'';
and
(2) by striking out the matter following paragraph (11).
(b) Dissemination of Information on New Protection.--Not later than
30 days after the date of the enactment of this Act, the President
shall--
(1) take such action as is necessary to ensure that
employees of the executive branch having access to classified
information receive notice that the disclosure of such
information to Congress is not prohibited by law, executive
order, or regulation, and is not otherwise contrary to public
policy when the information is disclosed under the
circumstances described in subparagraph (C) of section
2302(b)(8) of title 5, United States Code (as added by
subsection (a)); and
(2) submit to Congress a report on the actions taken to
carry out paragraph (1).
(c) Effective Date and Applicability.--The amendments made by
subsection (a) shall take effect on October 1, 1998, and shall apply to
a taking, failing to take, or threat to take or fail to take a
personnel action on or after such date because of a disclosure
described in subparagraph (C) of section 2302(b)(8) of title 5, United
States Code (as added by subsection (a)), that is made before, on, or
after such date.
(d) Disclosures of Classified Information to Congress or the
Department of Justice by Contractor Employees.--It is the sense of
Congress that the Inspector General of the Department of Defense should
continue to exercise the authority provided in section 2409 of title
10, United States Code, regarding reprisals for disclosures of
classified information as well as reprisals for disclosures of
unclassified information.
SEC. 1069. APPLICABILITY OF CERTAIN PAY AUTHORITIES TO MEMBERS OF THE
COMMISSION ON SERVICEMEMBERS AND VETERANS TRANSITION
ASSISTANCE.
(a) Applicability.--Section 705(a) of the Veterans' Benefits
Improvements Act of 1996 (Public Law 104-275; 110 Stat. 3349; 38 U.S.C.
545 note) is amended--
(1) by inserting ``(1)'' before ``Each member''; and
(2) by adding at the end the following:
``(2)(A) A member of the Commission who is an annuitant otherwise
covered by section 8344 or 8468 of title 5, United States Code, by
reason of membership on the Commission shall not be subject to the
provisions of such section with respect to such membership.
``(B) A member of the Commission who is a member or former member
of a uniformed service shall not be subject to the provisions of
subsections (b) and (c) of section 5532 of such title with respect to
membership on the Commission.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if included in the provisions of section 705(a) of the
Veterans' Benefits Improvements Act of 1996 to which such amendments
relate.
SEC. 1070. TRANSFER OF B-17 AIRCRAFT TO MUSEUM.
(a) Authority.--The Secretary of the Air Force may convey to the
Planes of Fame Museum, Chino, California (hereafter in this section
referred to as the ``museum''), all right, title, and interest of the
United States in and to the B-17 aircraft known as the ``Picadilly
Lilly'', an aircraft that has been in the possession of the museum
since 1959. The Secretary of the Air Force shall determine the
appropriate amount of consideration that is comparable to the value of
the aircraft.
(b) Condition of Aircraft.--Before conveying ownership of the
aircraft, the Secretary shall alter the aircraft as necessary to ensure
that the aircraft does not have any capability for use as a platform
for launching or releasing munitions or any other combat capability
that it was designed to have. The Secretary is not required to repair
or alter the condition of the aircraft in any other way before
conveying the ownership.
(c) Condition for Conveyance.--A conveyance of ownership of the
aircraft under this section shall be subject to the condition that the
museum not convey any ownership interest in, or transfer possession of,
the aircraft to any other party without the advance approval of the
Secretary of the Air Force.
(d) Reversion.--If the Secretary of the Air Force determines at any
time that the museum has conveyed an ownership interest in, or
transferred possession of, the aircraft to any other party without the
advance approval of the Secretary, all right, title, and interest in
and to the aircraft, including any repairs or alterations of the
aircraft, shall revert to the United States, and the United States
shall have the right of immediate possession of the aircraft.
(e) Additional Terms and Conditions.--The Secretary of the Air
Force may require such additional terms and conditions in connection
with the conveyance under this section as the Secretary considers
appropriate to protect the interests of the United States.
(f) Clarification of Liability.--Notwithstanding any other
provision of law, the United States shall not be liable for any death,
injury, loss, or damages that result from any use of the aircraft
conveyed under this section by any person other than the United States
after the conveyance is complete.
SEC. 1071. FIVE-YEAR EXTENSION OF AVIATION INSURANCE PROGRAM.
(a) Extension.--Section 44310 of title 49, United States Code, is
amended by striking out ``September 30, 1997'' and inserting in lieu
thereof ``September 30, 2002''.
(b) Effective Date.--This section shall take effect as of September
30, 1997.
SEC. 1072. TREATMENT OF MILITARY FLIGHT OPERATIONS.
No military flight operation (including a military training
flight), or designation of airspace for such an operation, may be
treated as a transportation program or project for purposes of section
303(c) of title 49, United States Code.
SEC. 1073. NATURALIZATION OF FOREIGN NATIONALS WHO SERVED HONORABLY IN
THE ARMED FORCES OF THE UNITED STATES.
(a) In General.--Section 329 of the Immigration and Nationality Act
(8 U.S.C. 1440) is amended--
(1) in subsection (a)(1)--
(A) by inserting ``, reenlistment, extension of
enlistment,'' after ``at the time of enlistment''; and
(B) by inserting ``or on board a public vessel
owned or operated by the United States for
noncommercial service,'' after ``United States, the
Canal Zone, American Samoa, or Swains Island,''; and
(2) by adding at the end the following new subsection:
``(d) Waiver.--(1) For purposes of the naturalization of natives of
the Philippines under section 405 of the Immigration Act of 1990 (8
U.S.C. 1440 note), notwithstanding any other provision of law--
``(A) the processing of applications for naturalization,
filed in accordance with the provisions of Section 405 of the
Immigration Act of 1990 (Public Law 101-649; 104 Stat. 5039),
including necessary interviews, may be conducted in the
Philippines by employees of the Service designated pursuant to
section 335(b) of this Act; and
``(B) oaths of allegiance for applications under this
subsection may be administered in the Philippines by employees
of the Service designated pursuant to section 335(b) of this
Act.
``(2) Paragraph (1) shall be effective only during the period
beginning February 3, 1996, and ending at the end of February 2,
2006.''.
(b) Effective Dates.--The amendments made by subsection (a)(1)
shall be effective for all enlistments, reenlistments, extensions of
enlistment, or inductions of persons occurring on or after January 1,
1990.
SEC. 1074. DESIGNATION OF BOB HOPE AS HONORARY VETERAN.
(a) Findings.--Congress makes the following findings:
(1) The United States has never in its more than 200 years
of existence conferred honorary veteran status on any person.
(2) Honorary veteran status is and should remain an
extraordinary honor not lightly conferred nor frequently
granted.
(3) It is fitting and proper to confer that status on Bob
Hope.
(4) Bob Hope attempted to enlist in the Armed Forces to
serve his country during World War II but was informed that the
greatest service he could provide his country was as a civilian
entertainer for the troops.
(5) Since then, Bob Hope has travelled to visit and
entertain millions of members of the Armed Forces of the United
States throughout World War II, the Korean Conflict, the
Vietnam War, the Persian Gulf War, and the Cold War, in Europe,
Africa, England, Wales, Ireland, Scotland, Sicily, the Aleutian
Islands, Pearl Harbor, Kwajalein Island, Guam, Japan, Korea,
Vietnam, Saudi Arabia, and many other locations.
(6) Bob Hope frequently elected to stage his shows in
forward combat areas.
(7) Bob Hope richly deserves the more than 100 awards and
citations that he has received from government, military, and
civic groups.
(8) Those awards include the American Congressional Gold
Medal, the Medal of Freedom, the People to People Award, the
Peabody Award, the Jean Hersholdt Humanitarian Award, the Al
Jolson Award of the Veterans of Foreign Wars, the Medal of
Liberty, and the Distinguished Service Medals of each of the
Armed Forces.
(9) Bob Hope has given unselfishly of himself for over half
a century to be with American service members on foreign
shores, has worked tirelessly to bring a spirit of humor and
cheer to millions of military members during their loneliest
moments, and has, thereby, extended to them for the American
people a touch of home away from home.
(b) Honorary Designation.--The elected representatives of the
American people, expressing the gratitude of the American people to Bob
Hope for his years of unselfish service to the members of the Armed
Forces of the United States, designate Bob Hope as an honorary veteran
of the Armed Forces of the United States.
SEC. 1075. CRIMINAL PROHIBITION ON THE DISTRIBUTION OF CERTAIN
INFORMATION RELATING TO EXPLOSIVES, DESTRUCTIVE DEVICES,
AND WEAPONS OF MASS DESTRUCTION.
(a) Unlawful Conduct.--Section 842 of title 18, United States Code,
is amended by adding at the end the following:
``(l) Distribution of Information Relating to Explosives,
Destructive Devices, and Weapons of Mass Destruction.--
``(1) Definitions.--In this subsection--
``(A) the term `destructive device' has the same
meaning as in section 921(a)(4);
``(B) the term `explosive' has the same meaning as
in section 844(j); and
``(C) the term `weapon of mass destruction' has the
same meaning as in section 2332a(c)(2).
``(2) Prohibition.--It shall be unlawful for any person--
``(A) to teach or demonstrate the making or use of
an explosive, a destructive device, or a weapon of mass
destruction, or to distribute by any means information
pertaining to, in whole or in part, the manufacture or
use of an explosive, destructive device, or weapon of
mass destruction, with the intention that the teaching,
demonstration, or information be used for, or in
furtherance of, an activity that constitutes a Federal
criminal offense or a State or local criminal offense
affecting interstate commerce; or
``(B) to teach or demonstrate to any person the
making or use of an explosive, a destructive device, or
a weapon of mass destruction, or to distribute to any
person, by any means, information pertaining to, in
whole or in part, the manufacture or use of an
explosive, destructive device, or weapon of mass
destruction, knowing that such person intends to use
the teaching, demonstration, or information for, or in
furtherance of, an activity that constitutes a Federal
criminal offense or a State or local criminal offense
affecting interstate commerce.''.
(b) Penalties.--Section 844 of title 18, United States Code, is
amended--
(1) in subsection (a), by striking ``person who violates
subsections'' and inserting the following: ``person who--
``(1) violations subsections'';
(2) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following:
``(2) violates subsection (l)(2) of section 842 of this
chapter, shall be fined under this title, imprisoned not more
than 20 years, or both.''; and
(2) in subsection (j), by striking ``and (i)'' and
inserting ``(i), and (l)''.
SEC. 1076. PROHIBITION ON PROVISION OF BURIAL BENEFITS TO INDIVIDUALS
CONVICTED OF FEDERAL CAPITAL OFFENSES.
Notwithstanding any other provision of law, an individual convicted
of a capital offense under Federal law shall not be entitled to the
following:
(1) Interment or inurnment in Arlington National Cemetery,
the Soldiers' and Airmen's National Cemetery, any cemetery in
the National Cemetery System, or any other cemetery
administered by the Secretary of a military department or by
the Secretary of Veterans Affairs.
(2) Any other burial benefit under Federal law.
SEC. 1077. NATIONAL POW/MIA RECOGNITION DAY.
(a) Findings.--Congress makes the following findings:
(1) The United States has fought in many wars, and
thousands of Americans who served in those wars were captured
by the enemy or listed as missing in action.
(2) Many of these Americans are still missing and
unaccounted for, and the uncertainty surrounding their fates
has caused their families to suffer tragic and continuing
hardships.
(3) As a symbol of the Nation's concern and commitment to
accounting as fully as possible for all Americans still held
prisoner, missing, or unaccounted for by reason of their
service in the Armed Forces and to honor the Americans who in
future wars may be captured or listed as missing or unaccounted
for, Congress has officially recognized the National League of
Families POW/MIA flag.
(4) The American people observe and honor with appropriate
ceremony and activity the third Friday of September each year
as National POW/MIA Recognition Day.
(b) Display of POW/MIA Flag.--The POW/MIA flag shall be displayed
on Armed Forces Day, Memorial Day, Flag Day, Independence Day, Veterans
Day, National POW/MIA Recognition Day, and on the last business day
before each of the preceding holidays, on the grounds or in the public
lobbies of--
(1) major military installations (as designated by the
Secretary of Defense);
(2) Federal national cemeteries;
(3) the National Korean War Veterans Memorial;
(4) the National Vietnam Veterans Memorial;
(5) the White House;
(6) the official office of the--
(A) Secretary of State;
(B) Secretary of Defense;
(C) Secretary of Veterans Affairs; and
(D) Director of the Selective Service System; and
(7) United States Postal Service post offices.
(c) POW/MIA Flag Defined.--In this section, the term ``POW/MIA
flag'' means the National League of Families POW/MIA flag recognized
and designated by section 2 of Public Law 101-355 (104 Stat. 416).
(d) Regulations.--Not later than 180 days after the date of
enactment of this Act, the agency or department responsible for a
location listed in subsection (b) shall prescribe any regulation
necessary to carry out this section.
(e) Repeal of Provision Relating to Display of POW/MIA Flag.--
Section 1084 of the National Defense Authorization Act for Fiscal Years
1992 and 1993 (36 U.S.C. 189 note, Public Law 102-190) is repealed.
SEC. 1078. DONATION OF EXCESS ARMY CHAPEL PROPERTY TO CHURCHES DAMAGED
OR DESTROYED BY ARSON OR OTHER ACTS OF TERRORISM.
(a) Authority.--Notwithstanding any other provision of law, the
Secretary of the Army may donate property described in subsection (b)
to an organization described in section 501(c)(3) of the Internal
Revenue Code of 1986 that is a religious organization in order to
assist the organization in restoring or replacing property of the
organization that has been damaged or destroyed as a result of an act
of arson or terrorism, as determined pursuant to procedures prescribed
by the Secretary.
(b) Property Covered.--The property authorized to be donated under
subsection (a) is furniture and other property that is in, or formerly
in, chapels closed or being closed and is determined as being excess to
the requirements of the Army. No real property may be donated under
this section.
(c) Donees Not To Be Charged.--No charge may be imposed by the
Secretary on a donee of property under this section in connection with
the donation. However, the donee shall defray any expense for shipping
or other transportation of property donated under this section from the
location of the property when donated to any other location.
SEC. 1079. REPORT ON THE COMMAND SELECTION PROCESS FOR DISTRICT
ENGINEERS OF THE ARMY CORPS OF ENGINEERS.
(a) Findings.--Congress finds that--
(1) the Army Corps of Engineers--
(A) has served the United States since the
establishment of the Corps in 1802;
(B) has provided unmatched combat engineering
services to the Armed Forces and the allies of the
United States, both in times of war and in times of
peace;
(C) has brilliantly fulfilled its domestic mission
of planning, designing, building, and operating civil
works and other water resources projects;
(D) must remain constantly ready to carry out its
wartime mission while simultaneously carrying out its
domestic civil works mission; and
(E) continues to provide the United States with
these services in projects of previously unknown
complexity and magnitude, such as the Everglades
Restoration Project and the Louisiana Wetlands
Restoration Project;
(2) the duration and complexity of these projects present
unique management and leadership challenges to the Army Corps
of Engineers;
(3) the effective management of these projects is the
primary responsibility of the District Engineer;
(4) District Engineers serve in that position for a term of
2 years and may have their term extended for a third year on
the recommendation of the Chief of Engineers; and
(5) the effectiveness of the leadership and management of
major Army Corps of Engineers projects may be enhanced if the
timing of District Engineer reassignments were phased to
coincide with the major phases of the projects.
(b) Report.--Not later than March 31, 1998, the Secretary of
Defense shall submit a report to Congress that contains--
(1) an identification of each major Army Corps of Engineers
project that--
(A) is being carried out by each District Engineer
as of the date of the report; or
(B) is being planned by each District Engineer to
be carried out during the 5-year period beginning on
the date of the report;
(2) the expected start and completion dates, during that
period, for each major phase of each project identified under
paragraph (1);
(3) the expected dates for leadership changes in each Army
Corps of Engineers District during that period;
(4) a plan for optimizing the timing of leadership changes
so that there is minimal disruption to major phases of major
Army Corps of Engineers projects; and
(5) a review of the impact on the Army Corps of Engineers,
and on the mission of each District, of allowing major command
tours of District Engineers to be of 2 to 4 years in duration,
with the selection of the exact timing of the change of command
to be at the discretion of the Chief of Engineers who shall act
with the goal of optimizing the timing of each change so that
it has minimal disruption on the mission of the District
Engineer.
SEC. 1080. GAO STUDY ON CERTAIN COMPUTERS.
(a) In General.--The Comptroller General of the United States shall
conduct a study of the national security risks relating to the sale of
computers with composite theoretical performance of between 2,000 and
7,000 million theoretical operations per second to end-users in Tier 3
countries. The study shall also analyze any foreign availability of
computers described in the preceding sentence and the impact of such
sales on United States exporters.
(b) Publication of End-User List.--The Secretary of Commerce shall
publish in the Federal Register a list of military and nuclear end-
users of the computers described in subsection (a), except any end-user
with respect to whom there is an administrative finding that such
publication would jeopardize the user's sources and methods.
(c) End-User Assistance to Exporters.--The Secretary of Commerce
shall establish a procedure by which exporters may seek information on
questionable end-users.
(d) Definition of Tier 3 Country.--For purposes of this section,
the term ``Tier 3 country'' has the meaning given such term in section
740.7 of title 15, Code of Federal Regulations.
SEC. 1081. CLAIMS BY MEMBERS OF THE ARMED FORCES FOR LOSS OF PERSONAL
PROPERTY DUE TO FLOODING IN THE RED RIVER BASIN.
(a) Findings.--Congress makes the following findings:
(1) The flooding that occurred in the portion of the Red
River Basin encompassing East Grand Forks, Minnesota, and Grand
Forks, North Dakota, during April and May 1997 is the worst
flooding to occur in that region in the last 500 years.
(2) Over 700 military personnel stationed in the vicinity
of Grand Forks Air Force Base reside in that portion of the Red
River Basin.
(3) The military personnel stationed in the vicinity of
Grand Forks Air Force Base have been stationed there entirely
for the convenience of the Government.
(4) There is insufficient military family housing at Grand
Forks Air Force Base for all of those military personnel, and
the available off-base housing is almost entirely within the
areas adversely affected by the flood.
(5) Many of the military personnel have suffered
catastrophic losses, including total losses of personal
property by some of the personnel.
(6) It is vital to the national security interests of the
United States that the military personnel adversely affected by
the flood recover as quickly and completely as possible.
(b) Authorization.--The Secretary of the military department
concerned may pay claims for loss and damage to personal property
suffered as a direct result of the flooding in the Red River Basin
during April and May 1997, by members of the Armed Forces residing in
the vicinity of Grand Forks Air Force Base, North Dakota, without
regard to the provisions of section 3721(e) of title 31, United States
Code.
SEC. 1082. DEFENSE BURDENSHARING.
(a) Efforts To Increase Allied Burdensharing.--The President shall
seek to have each nation that has cooperative military relations with
the United States (including security agreements, basing arrangements,
or mutual participation in multinational military organizations or
operations) take one or more of the following actions:
(1) For any nation in which United States military
personnel are assigned to permanent duty ashore, increase its
financial contributions to the payment of the nonpersonnel
costs incurred by the United States Government for stationing
United States military personnel in that nation, with a goal of
achieving by September 30, 2000, 75 percent of such costs. An
increase in financial contributions by any nation under this
paragraph may include the elimination of taxes, fees, or other
charges levied on United States military personnel, equipment,
or facilities stationed in that nation.
(2) Increase its annual budgetary outlays for national
defense as a percentage of its gross domestic product by 10
percent or at least to a level commensurate to that of the
United States by September 30, 1998.
(3) Increase its annual budgetary outlays for foreign
assistance (to promote democratization, economic stabilization,
transparency arrangements, defense economic conversion, respect
for the rule of law, and internationally recognized human
rights) by 10 percent or at least to a level commensurate to
that of the United States by September 30, 1998.
(4) Increase the amount of military assets (including
personnel, equipment, logistics, support and other resources)
that it contributes, or would be prepared to contribute, to
multinational military activities worldwide.
(b) Authorities To Encourage Actions by United States Allies.--In
seeking the actions described in subsection (a) with respect to any
nation, or in response to a failure by any nation to undertake one or
more of such actions, the President may take any of the following
measures to the extent otherwise authorized by law:
(1) Reduce the end strength level of members of the Armed
Forces assigned to permanent duty ashore in that nation.
(2) Impose on that nation fees or other charges similar to
those that such nation imposes on United States forces
stationed in that nation.
(3) Reduce (through rescission, impoundment, or other
appropriate procedures as authorized by law) the amount the
United States contributes to the NATO Civil Budget, Military
Budget, or Security Investment Program.
(4) Suspend, modify, or terminate any bilateral security
agreement the United States has with that nation, consistent
with the terms of such agreement.
(5) Reduce (through rescission, impoundment or other
appropriate procedures as authorized by law) any United States
bilateral assistance appropriated for that nation.
(6) Take any other action the President determines to be
appropriate as authorized by law.
(c) Report on Progress in Increasing Allied Burdensharing.--Not
later than March 1, 1998, the Secretary of Defense shall submit to
Congress a report on--
(1) steps taken by other nations to complete the actions
described in subsection (a);
(2) all measures taken by the President, including those
authorized in subsection (b), to achieve the actions described
in subsection (a);
(3) the difference between the amount allocated by other
nations for each of the actions described in subsection (a)
during the period beginning on March 1, 1996, and ending on
February 28, 1997, and during the period beginning on March 1,
1997, and ending on February 28, 1998; and
(4) the budgetary savings to the United States that are
expected to accrue as a result of the steps described under
paragraph (1).
(d) Report on National Security Bases for Forward Deployment and
Burdensharing Relationships.--(1) In order to ensure the best
allocation of budgetary resources, the President shall undertake a
review of the status of elements of the United States Armed Forces that
are permanently stationed outside the United States. The review shall
include an assessment of the following:
(A) The alliance requirements that are to be found in
agreements between the United States and other countries.
(B) The national security interests that support
permanently stationing elements of the United States Armed
Forces outside the United States.
(C) The stationing costs associated with the forward
deployment of elements of the United States Armed Forces.
(D) The alternatives available to forward deployment (such
as material prepositioning, enhanced airlift and sealift, or
joint training operations) to meet such alliance requirements
or national security interests, with such alternatives
identified and described in detail.
(E) The costs and force structure configurations associated
with such alternatives to forward deployment.
(F) The financial contributions that allies of the United
States make to common defense efforts (to promote
democratization, economic stabilization, transparency
arrangements, defense economic conversion, respect for the rule
of law, and internationally recognized human rights).
(G) The contributions that allies of the United States make
to meeting the stationing costs associated with the forward
deployment of elements of the United States Armed Forces.
(H) The annual expenditures of the United States and its
allies on national defense, and the relative percentages of
each nation's gross domestic product constituted by those
expenditures.
(2) The President shall submit to Congress a report on the review
under paragraph (1). The report shall be submitted not later than March
1, 1998, in classified and unclassified form.
SEC. 1083. SENSE OF THE SENATE REGARDING A FOLLOW-ON FORCE FOR BOSNIA.
(a) The Senate finds the following:
(1) United States military forces were deployed to Bosnia
as members of the North Atlantic Treaty Organization (NATO)
Implementation Forces (IFOR) to implement the military aspects
of the Dayton Agreement.
(2) The military aspects of the Dayton Agreement were being
successfully implemented.
(3) Following the recommendation of the Secretary General
of the North Atlantic Treaty Organization on December 11, 1996,
to extend the presence of NATO forces in Bosnia until June 1998
so that progress could be achieved in implementing the civil
aspects of the Dayton Agreement, the President announced his
decision to extend the presence of United States forces in
Bosnia to participate in the NATO Stabilization Force (SFOR)
until June 1998.
(4) The cost of United States participation in operations
in Bosnia from 1992 through June 1998 is estimated to exceed
$7,000,000,000.
(5) The President and the Secretary of Defense have stated
that United States forces are to be withdrawn from Bosnia by
June 1998.
(b) It is the sense of Congress that--
(1) United States ground combat forces should not
participate in a follow-on force in Bosnia and Herzegovina
after June 1998;
(2) the European Security and Defense Identity, which, as
facilitated by the Combined Joint Task Forces concept, enables
the Western European Union, with the consent of the North
Atlantic Alliance, to assume political control and strategic
direction of NATO assets made available by the Alliance, is an
ideal instrument for a follow-on force for Bosnia and
Herzegovina;
(3) if the European Security and Defense Identity is not
sufficiently developed or is otherwise deemed inappropriate for
such a mission, a NATO-led force without the participation of
United States ground combat forces in Bosnia, may be suitable
for a follow-on force for Bosnia and Herzegovina;
(4) the United States may decide to appropriately provide
support to a Western European Union-led or NATO-led follow-on
force, including command and control, intelligence, logistics,
and, if necessary, a ready reserve force in the region;
(5) the President should inform our European NATO allies of
this expression of the sense of Congress and should strongly
urge them to undertake preparations for a Western European
Union-led or NATO-led force as a follow-on force to the NATO-
led Stabilization Force if needed to maintain peace and
stability in Bosnia and Herzegovina; and
(6) the President should consult with the Congress with
respect to any support to be provided to a Western European
Union-led or NATO-led follow-on force in Bosnia after June
1998.
SEC. 1084. ADVICE TO THE PRESIDENT AND CONGRESS REGARDING THE SAFETY,
SECURITY, AND RELIABILITY OF UNITED STATES NUCLEAR
WEAPONS STOCKPILE.
(a) Findings.--Congress makes the following findings:
(1) Nuclear weapons are the most destructive weapons on
earth. The United States and its allies continue to rely on
nuclear weapons to deter potential adversaries from using
weapons of mass destruction. The safety and reliability of the
nuclear stockpile are essential to ensure its credibility as a
deterrent.
(2) On September 24, 1996, President Clinton signed the
Comprehensive Test Ban Treaty.
(3) Effective as of September 30, 1996, the United States
is prohibited by section 507 of the Energy and Water
Development Appropriations Act, 1993 (Public Law 102-377; 42
U.S.C. 2121 note) from conducting underground nuclear tests
``unless a foreign state conducts a nuclear test after this
date, at which time the prohibition on United States nuclear
testing is lifted''.
(4) Section 1436(b) of the National Defense Authorization
Act, Fiscal Year 1989 (Public Law 100-456; 42 U.S.C. 2121 note)
requires the Secretary of Energy to ``establish and support a
program to assure that the United States is in a position to
maintain the reliability, safety, and continued deterrent
effect of its stockpile of existing nuclear weapons designs in
the event that a low-threshold or comprehensive test ban on
nuclear explosive testing is negotiated and ratified.''.
(5) Section 3138(d) of the National Defense Authorization
Act for Fiscal Year 1994 (Public Law 103-160; 42 U.S.C. 2121
note) requires the President to submit an annual report to
Congress which sets forth ``any concerns with respect to the
safety, security, effectiveness, or reliability of existing
United States nuclear weapons raised by the Stockpile
Stewardship Program of the Department of Energy''.
(6) President Clinton declared in July 1993 that ``to
assure that our nuclear deterrent remains unquestioned under a
test ban, we will explore other means of maintaining our
confidence in the safety, reliability, and the performance of
our weapons''. This decision was codified in a Presidential
Directive.
(7) Section 3138 of the National Defense Authorization Act
for Fiscal Year 1994 also requires that the Secretary of Energy
establish a ``stewardship program to ensure the preservation of
the core intellectual and technical competencies of the United
States in nuclear weapons''.
(8) The plan of the Department of Energy to maintain the
safety and reliability of the United States nuclear stockpile
is known as the Stockpile Stewardship and Management Program.
The ability of the United States to maintain warheads without
testing will require development of new and sophisticated
diagnostic technologies, methods, and procedures. Current
diagnostic technologies and laboratory testing techniques are
insufficient to certify the future safety and reliability of
the United States nuclear stockpile. In the past these
laboratory and diagnostic tools were used in conjunction with
nuclear testing.
(9) On August 11, 1995, President Clinton directed ``the
establishment of a new annual reporting and certification
requirement [to] ensure that our nuclear weapons remain safe
and reliable under a comprehensive test ban''.
(10) On the same day, the President noted that the
Secretary of Defense and the Secretary of Energy have the
responsibility, after being ``advised by the Nuclear Weapons
Council, the Directors of DOE's nuclear weapons laboratories,
and the Commander of United States Strategic Command'', to
provide the President with the information to make the
certification referred to in paragraph (9).
(11) The Joint Nuclear Weapons Council established by
section 179 of title 10, United States Code, is responsible for
providing advice to the Secretary of Energy and Secretary of
Defense regarding nuclear weapons issues, including
``considering safety, security, and control issues for existing
weapons''. The Council plays a critical role in advising
Congress in matters relating to nuclear weapons.
(12) It is essential that the President receive well-
informed, objective, and honest opinions from his advisors and
technical experts regarding the safety, security, and
reliability of the nuclear weapons stockpile.
(b) Policy.--
(1) In general.--It is the policy of the United States--
(A) to maintain a safe, secure, and reliable
nuclear weapons stockpile; and
(B) as long as other nations covet or control
nuclear weapons or other weapons of mass destruction,
to retain a credible nuclear deterrent.
(2) Nuclear weapons stockpile.--It is in the security
interest of the United States to sustain the United States
nuclear weapons stockpile through programs relating to
stockpile stewardship, subcritical experiments, maintenance of
the weapons laboratories, and protection of the infrastructure
of the weapons complex.
(3) Sense of Congress.--It is the sense of Congress that--
(A) the United States should retain a triad of
strategic nuclear forces sufficient to deter any future
hostile foreign leadership with access to strategic
nuclear forces from acting against our vital interests;
(B) the United States should continue to maintain
nuclear forces of sufficient size and capability to
hold at risk a broad range of assets valued by such
political and military leaders; and
(C) the advice of the persons required to provide
the President and Congress with assurances of the
safety, security and reliability of the nuclear weapons
force should be scientifically based, without regard
for politics, and of the highest quality and integrity.
(c) Advice and Opinions Regarding Nuclear Weapons Stockpile.--Any
director of a nuclear weapons laboratory or member of the Joint Nuclear
Weapons Council, or the Commander of United States Strategic Command,
may submit to the President or Congress advice or opinion in
disagreement with, or in addition to, the advice presented by the
Secretary of Energy or Secretary of Defense to the President, the
National Security Council, or Congress, as the case may be, regarding
the safety, security, and reliability of the nuclear weapons stockpile.
(d) Expression of Individual Views.--A representative of the
President may not take any action against, or otherwise constrain, a
director of a nuclear weapons laboratory, a member of the Joint Nuclear
Weapons Council, or the Commander of United States Strategic Command
for presenting individual views to the President, the National Security
Council, or Congress regarding the safety, security, and reliability of
the nuclear weapons stockpile.
(e) Definitions.--
(1) Representative of the president.--The term
``representative of the President'' means the following:
(A) Any official of the Department of Defense, the
Department of Energy who is appointed by the President
and confirmed by the Senate.
(B) Any member of the National Security Council.
(C) Any member of the Joint Chiefs of Staff.
(D) Any official of the Office of Management and
Budget.
(2) Nuclear weapons laboratory.--The term ``nuclear weapons
laboratory'' means any of the following:
(A) Los Alamos National Laboratory.
(B) Livermore National Laboratory.
(C) Sandia National Laboratories.
SEC. 1085. LIMITATION ON USE OF COOPERATIVE THREAT REDUCTION FUNDS FOR
DESTRUCTION OF CHEMICAL WEAPONS.
(a) Limitation.--No funds authorized to be appropriated under this
or any other Act for fiscal year 1998 for Cooperative Threat Reduction
programs may be obligated or expended for chemical weapons destruction
activities, including for the planning, design, or construction of a
chemical weapons destruction facility or for the dismantlement of an
existing chemical weapons production facility, until the President
submits to Congress a written certification under subsection (b).
(b) Presidential Certification.--A certification under this
subsection is either of the following certifications:
(1) A certification that--
(A) Russia is making reasonable progress toward the
implementation of the Bilateral Destruction Agreement;
(B) the United States and Russia have made
substantial progress toward the resolution, to the
satisfaction of the United States, of outstanding
compliance issues under the Wyoming Memorandum of
Understanding and the Bilateral Destruction Agreement;
and
(C) Russia has fully and accurately declared all
information regarding its unitary and binary chemical
weapons, chemical weapons facilities, and other
facilities associated with chemical weapons.
(2) A certification that the national security interests of
the United States could be undermined by a United States policy
not to carry out chemical weapons destruction activities under
the Cooperative Threat Reduction programs for which funds are
authorized to be appropriated under this or any other Act for
fiscal year 1998.
(c) Definitions.--In this section:
(1) The term ``Bilateral Destruction Agreement'' means the
Agreement Between the United States of America and the Union of
Soviet Socialist Republics on Destruction and Nonproduction of
Chemical Weapons and on Measures to Facilitate the Multilateral
Convention on Banning Chemical Weapons, signed on June 1, 1990.
(2) The term ``Chemical Weapons Convention'' means the
Convention on the Prohibition of the Development, Production,
Stockpiling and Use of Chemical Weapons and on Their
Destruction, opened for signature on January 13, 1993.
(3) The term ``Cooperative Threat Reduction program'' means
a program specified in section 1501(b) of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201: 110
Stat. 2731; 50 U.S.C. 2362 note).
(4) The term ``Wyoming Memorandum of Understanding'' means
the Memorandum of Understanding Between the Government of the
United States of America and the Government of the Union of
Soviet Socialist Republics Regarding a Bilateral Verification
Experiment and Data Exchange Related to Prohibition on Chemical
Weapons, signed at Jackson Hole, Wyoming, on September 23,
1989.
SEC. 1086. RESTRICTIONS ON USE OF HUMANS AS EXPERIMENTAL SUBJECTS IN
BIOLOGICAL AND CHEMICAL WEAPONS RESEARCH.
(a) Prohibited Activities.--No officer or employee of the United
States may, directly or by contract--
(1) conduct any test or experiment involving the use of any
chemical or biological agent on a civilian population; or
(2) otherwise conduct any testing of biological or chemical
agents on human subjects.
(b) Inapplicability to Certain Actions.--The prohibition in
subsection (a) does not apply to any action carried out for any of the
following purposes:
(1) Any peaceful purpose that is related to a medical,
therapeutic, pharmaceutical, agricultural, industrial,
research, or other activity.
(2) Any purpose that is directly related to protection
against toxic chemicals and to protection against chemical or
biological weapons.
(3) Any military purpose of the United States that is not
connected with the use of a chemical weapon and is not
dependent on the use of the toxic or poisonous properties of
the chemical weapon to cause death or other harm.
(4) Any law enforcement purpose, including any domestic
riot control purpose and any imposition of capital punishment.
(c) Biological Agent Defined.--In this section, the term
``biological agent'' means any micro-organism (including bacteria,
viruses, fungi, rickettsiac, or protozoa), pathogen, or infectious
substance, and any naturally occurring, bioengineered, or synthesized
component of any such micro-organism, pathogen, or infectious
substance, whatever its origin or method of production, that is capable
of causing--
(1) death, disease, or other biological malfunction in a
human, an animal, a plant, or another living organism;
(2) deterioration of food, water, equipment, supplies, or
materials of any kind; or
(3) deleterious alteration of the environment.
(d) Report and Certification.--Section 1703(b) of the National
Defense Authorization Act for Fiscal Year 1994 (50 U.S.C. 1523(b)) is
amended by adding at the end the following:
``(9) A description of any program involving the testing of
biological or chemical agents on human subjects that was
carried out by the Department of Defense during the period
covered by the report, together with a detailed justification
for the testing, a detailed explanation of the purposes of the
testing, the chemical or biological agents tested, and the
Secretary's certification that informed consent to the testing
was obtained from each human subject in advance of the testing
on that subject.''.
(e) Repeal of Duplicative, Superseded, and Executed Laws.--Section
808 of the Department of Defense Appropriation Authorization Act, 1978
(50 U.S.C. 1520) is repealed.
SEC. 1087. SENSE OF THE SENATE REGARDING EXPANSION OF THE NORTH
ATLANTIC TREATY ORGANIZATION.
(a) Findings.--The Senate makes the following findings:
(1) The North Atlantic Treaty Organization (NATO) met on
July 8 and 9, 1997, in Madrid, Spain, and issued invitations to
the Czech Republic, Hungary, and Poland to begin accession
talks to join NATO.
(2) Congress has expressed its support for the process of
NATO enlargement by approving the NATO Enlargement Facilitation
Act of 1996 (Public Law 104-208; 22 U.S.C. 1928 note) by a vote
of 81-16 in the Senate, and 353-65 in the House of
Representatives.
(3) The United States has assured that the process of
enlarging NATO will continue after the first round of
invitations in July.
(4) Romania and Slovenia are to be commended for their
progress toward political and economic reform and meeting the
guidelines for prospective membership in NATO.
(5) In furthering the purpose and objective of NATO in
promoting stability and well-being in the North Atlantic area,
NATO should invite Romania, Slovenia, and any other democratic
states of Central and Eastern Europe to accession negotiations
to become NATO members as expeditiously as possible upon the
satisfaction of all relevant membership criteria.
(b) Sense of the Senate.--It is the sense of the Senate that NATO
should be commended--
(1) for having committed to review the process of enlarging
NATO at the next NATO summit in 1999; and
(2) for singling out the positive developments toward
democracy and rule of law in Romania and Slovenia.
SEC. 1088. SECURITY, FIRE PROTECTION, AND OTHER SERVICES AT PROPERTY
FORMERLY ASSOCIATED WITH RED RIVER ARMY DEPOT, TEXAS.
(a) Authority To Enter into Agreement.--(1) The Secretary of the
Army may enter into an agreement with the local redevelopment authority
for Red River Army Depot, Texas, under which agreement the Secretary
provides security services, fire protection services, or hazardous
material response services for the authority with respect to the
property at the depot that is under the jurisdiction of the authority
as a result of the realignment of the depot under the base closure
laws.
(2) The Secretary may not enter into the agreement unless the
Secretary determines that the provision of services under the agreement
is in the best interests of the United States.
(3) The agreement shall provide for reimbursing the Secretary for
the services provided by the Secretary under the agreement.
(b) Treatment of Reimbursement.--Any amounts received by the
Secretary under the agreement under subsection (a) shall be credited to
the appropriations providing funds for the services concerned. Amounts
so credited shall be merged with the appropriations to which credited
and shall be available for the purposes, and subject to the conditions
and limitations, for which such appropriations are available.
SEC. 1089. AUTHORITY OF THE SECRETARY OF DEFENSE CONCERNING DISPOSAL OF
ASSETS UNDER COOPERATIVE AGREEMENTS ON AIR DEFENSE IN
CENTRAL EUROPE.
(a) General Authorities.--The Secretary of Defense, pursuant to an
amendment or amendments to the European air defense agreements, may
dispose of any defense articles owned by the United States and acquired
to carry out such agreements by providing such articles to the Federal
Republic of Germany. In carrying out such disposal, the Secretary--
(1) may provide without monetary charge to the Federal
Republic of Germany articles specified in the agreements; and
(2) may accept from the Federal Republic of Germany (in
exchange for the articles provided under paragraph (1))
articles, services, or any other consideration, as determined
appropriate by the Secretary.
(b) Definition of European Air Defense Agreements.--For the
purposes of this section, the term ``European air defense agreements''
means--
(1) the agreement entitled ``Agreement between the
Secretary of Defense of the United States of America and the
Minister of Defense of the Federal Republic of Germany on
Cooperative Measures for Enhancing Air Defense for Central
Europe'', signed on December 6, 1983; and
(2) the agreement entitled ``Agreement between the
Secretary of Defense of the United States of America and the
Minister of Defense of the Federal Republic of Germany in
implementation of the 6 December 1983 Agreement on Cooperative
Measures for Enhancing Air Defense for Central Europe'', signed
on July 12, 1984.
SEC. 1090. RESTRICTIONS ON QUANTITIES OF ALCOHOLIC BEVERAGES AVAILABLE
FOR PERSONNEL OVERSEAS THROUGH DEPARTMENT OF DEFENSE
SOURCES.
(a) Regulations Required.--The Secretary of Defense shall prescribe
regulations relative to the quantity of alcoholic beverages that is
available outside the United States through Department of Defense
sources, including nonappropriated fund instrumentalities under the
Department of Defense, for the use of a member of the Armed Forces, an
employee of the Department of Defense, and dependents of such
personnel.
(b) Applicable Standard.--Each quantity prescribed by the Secretary
shall be a quantity that is consistent with the prevention of illegal
resale or other illegal disposition of alcoholic beverages overseas and
such regulations shall be accompanied with elimination of barriers to
exports of United States made beverages currently placed by other
countries.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
SEC. 1101. USE OF PROHIBITED CONSTRAINTS TO MANAGE DEPARTMENT OF
DEFENSE PERSONNEL.
Section 129 of title 10, United States Code, is amended by adding
at the end the following:
``(f)(1) Not later than February 1 and August 1 of each year, the
Secretary of each military department and the head of each Defense
Agency shall submit to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of Representative a
report on the management of the civilian workforce under the
jurisdiction of that official.
``(2) Each report of an official under paragraph (1) shall contain
the following:
``(A) The official's certification that the civilian
workforce under the jurisdiction of the official is not subject
to any constraint or limitation in terms of man years, end
strength, full-time equivalent positions, or maximum number of
employees, and that, during the six months preceding the date
on which the report is due, such workforce has not been subject
to any such constraint or limitation.
``(B) A description of how the civilian workforce is
managed.
``(C) A detailed description of the analytical tools used
to determine civilian workforce requirements during the six-
month period referred to in subparagraph (A).''.
SEC. 1102. EMPLOYMENT OF CIVILIAN FACULTY AT THE MARINE CORPS
UNIVERSITY.
(a) Expanded Authority.--Subsections (a) and (c) of section 7478 of
title 10, United States Code, are amended by striking out ``the Marine
Corps Command and Staff College'' and inserting in lieu thereof ``a
school of the Marine Corps University''.
(b) Clerical Amendments.--(1) The heading of such section is
amended to read as follows:
``Sec. 7478. Naval War College and Marine Corps University: civilian
faculty members''.
(2) The table of sections at the beginning of chapter 643 of such
title is amended by striking out the item relating to section 7478 and
inserting in lieu thereof the following new item:
``7478. Naval War College and Marine Corps University: civilian faculty
members.''.
SEC. 1103. EXTENSION AND REVISION OF VOLUNTARY SEPARATION INCENTIVE PAY
AUTHORITY.
(a) Remittance to CSRS Fund.--Section 5597 of title 5, United
States Code, is amended by adding at the end the following:
``(h)(1) In addition to any other payment that it is required to
make under subchapter III of chapter 83 or chapter 84 of this title,
the Department of Defense shall remit to the Office of Personnel
Management an amount equal to 15 percent of the final basic pay of each
covered employee. The remittance shall be in place of any remittance
with respect to the employee that is otherwise required under section
4(a) of the Federal Workforce Restructuring Act of 1994 (5 U.S.C. 8331
note).
``(2) Amounts remitted under paragraph (1) shall be deposited in
the Treasury of the United States to the credit of the Civil Service
Retirement and Disability Fund.
``(3) For the purposes of this subsection--
``(A) the term `covered employee' means an employee who is
subject to subchapter III of chapter 83 or chapter 84 of this
title and to whom a voluntary separation incentive has been
paid under this section on the basis of a separation on or
after October 1, 1997; and
``(B) the term `final basic pay' has the meaning given such
term in section 4(a)(2) of the Federal Workforce Restructuring
Act of 1994 (5 U.S.C. 8331 note).''.
(b) Extension of Authority.--(1) Subsection (e) of such section is
amended by striking out ``September 30, 1999'' and inserting in lieu
thereof ``September 30, 2001''.
(2) Section 4436(d)(2) of the Defense Conversion, Reinvestment, and
Transition Assistance Act of 1992 (5 U.S.C. 8348 note) is amended by
striking ``January 1, 2000'' and inserting in lieu thereof ``January 1,
2002''.
SEC. 1104. REPEAL OF DEADLINE FOR PLACEMENT CONSIDERATION OF
INVOLUNTARILY SEPARATED MILITARY RESERVE TECHNICIANS.
Section 3329(b) of title 5, United States Code, is amended by
striking out ``a position described in subsection (c) not later than 6
months after the date of the application''.
SEC. 1105. RATE OF PAY OF DEPARTMENT OF DEFENSE OVERSEAS TEACHER UPON
TRANSFER TO GENERAL SCHEDULE POSITION.
(a) Prevention of Excessive Increases.--Section 5334(d) of title 5,
United States Code, is amended by striking out ``20 percent'' and all
that follows and inserting in lieu thereof ``an amount determined under
regulations which the Secretary of Defense shall prescribe for the
determination of the yearly rate of pay of the position. The amount by
which a rate of pay is increased under the regulations may not exceed
the amount equal to 20 percent of that rate of pay.''.
(b) Effective Date and Savings Provision.--(1) The amendment made
by subsection (a) shall take effect 180 days after the date of the
enactment of this Act.
(2) In the case of a person who is employed in a teaching position
referred to in section 5334(d) of title 5, United States Code, on the
day before the effective date determined under paragraph (1), the rate
of pay determined under such section (as in effect on that day) shall
not be reduced by reason of the amendment made by subsection (a) for so
long as the person continues to serve in that position or another such
position without a break in service on or after that day.
SEC. 1106. NATURALIZATION OF EMPLOYEES OF THE GEORGE C. MARSHALL
EUROPEAN CENTER FOR SECURITY STUDIES.
(a) Eligibility Without Permanent Residence.--Subsection (a) of
section 506 of the Intelligence Authorization Act, Fiscal Year 1990
(Public Law 101-193; 103 Stat. 1709; 8 U.S.C. 1430 note) is amended to
read as follows:
``(a) For purposes of subsection (c) of section 319 of the
Immigration and Nationality Act (8 U.S.C. 1430), the George C. Marshall
European Center for Security Studies, located in Garmisch, Federal
Republic of Germany, shall be considered to be an organization
described in clause (1) of such subsection. Notwithstanding clauses (2)
and (4) of such subsection and any other provision of title III of the
Immigration and Nationality Act, neither prior admission to the United
States for permanent residence nor presence in the United States at the
time of naturalization is required as a condition for the
naturalization (under the authority of such subsection) of a person
employed by the Center.''.
(b) Reference Correction.--The section heading of such section is
amended to read as follows:
``requirements for citizenship for staff of george c. marshall european
center for security studies''.
SEC. 1107. GARNISHMENT AND INVOLUNTARY ALLOTMENT.
Section 5520a of title 5, United States Code, is amended--
(1) in subsection (j), by striking out paragraph (2) and
inserting in lieu thereof the following:
``(2) Such regulations shall provide that an agency's
administrative costs in executing a garnishment action may be added to
the garnishment, and that the agency may retain costs recovered as
offsetting collections.'';
(2) in subsection (k)--
(A) by striking out paragraph (3); and
(B) by redesignating paragraph (4) as paragraph
(3); and
(3) by striking out subsection (l).
SEC. 1108. HIGHER EDUCATION PILOT PROGRAM FOR THE NAVAL UNDERSEA
WARFARE CENTER.
(a) Establishment.--The Secretary of the Navy may establish under
the Naval Undersea Warfare Center (hereafter in this section referred
to as the ``Center'') and the Acquisition Center for Excellence of the
Navy jointly a pilot program of higher education with respect to the
administration of business relationships between the Federal Government
and the private sector.
(b) Purpose.--The purpose of the pilot program is to make available
to employees of the Center and employees of the Naval Sea Systems
Command a curriculum of graduate-level higher education that--
(1) is designed to prepare the employees effectively to
meet the challenges of administering Federal Government
contracting and other business relationships between the
Federal Government and businesses in the private sector in the
context of constantly changing or newly emerging industries,
technologies, governmental organizations, policies, and
procedures (including governmental organizations, policies, and
procedures recommended in the National Performance Review); and
(2) leads to award of a graduate degree.
(c) Partnership With Institution of Higher Education.--(1) The
Secretary may enter into an agreement with an institution of higher
education to assist the Center with the development of the curriculum,
to offer courses and provide instruction and materials to the extent
provided for in the agreement, to provide any other assistance in
support of the pilot program that is provided for in the agreement, and
to award a graduate degree under the pilot program.
(2) An institution of higher education is eligible to enter into an
agreement under paragraph (1) if the institution has an established
program of graduate-level education that is relevant to the purpose of
the pilot program.
(d) Curriculum.--The curriculum offered under the pilot program
shall--
(1) be designed specifically to achieve the purpose of the
pilot program; and
(2) include--
(A) courses that are typically offered under
curricula leading to award of the degree of Masters of
Business Administration by institutions of higher
education; and
(B) courses for meeting educational qualification
requirements for certification as an acquisition
program manager.
(e) Distance Learning Option.--The pilot program may include
policies and procedures for offering distance learning instruction by
means of telecommunications, correspondence, or other methods for off-
site receipt of instruction.
(f) Period for Pilot Program.--The Secretary shall carry out the
pilot program during fiscal years 1998 through 2002.
(g) Report.--Not later than 90 days after the termination of the
pilot program, the Secretary shall submit to Congress a report on the
pilot program. The report shall include the Secretary's assessment of
the value of the program for meeting the purpose of the program and the
desirability of permanently establishing a similar program for all of
the Department of Defense.
(h) Institution of Higher Education Defined.--In this section, the
term ``institution of higher education'' has the meaning given the term
in section 1201 of the Higher Education Act of 1965 (20 U.S.C. 1141).
(i) Authorization of Appropriations.--(1) Funds are authorized to
be appropriated for the Navy for the pilot program for fiscal year 1998
in the total amount of $2,500,000. The amount authorized to be
appropriated for the pilot program is in addition to other amounts
authorized by other provisions of this Act to be appropriated for the
Navy for fiscal year 1998.
(2) The amount authorized to be appropriated by section 421 is
hereby reduced by $2,500,000.
TITLE XII--FEDERAL CHARTER FOR THE AIR FORCE SERGEANTS ASSOCIATION
SEC. 1201. RECOGNITION AND GRANT OF FEDERAL CHARTER.
The Air Force Sergeants Association, a nonprofit corporation
organized under the laws of the District of Columbia, is recognized as
such and granted a Federal charter.
SEC. 1202. POWERS.
The Air Force Sergeants Association (in this title referred to as
the ``association'') shall have only those powers granted to it through
its bylaws and articles of incorporation filed in the District of
Columbia and subject to the laws of the District of Columbia.
SEC. 1203. PURPOSES.
The purposes of the association are those provided in its bylaws
and articles of incorporation and shall include the following:
(1) To help maintain a highly dedicated and professional
corps of enlisted personnel within the United States Air Force,
including the United States Air Force Reserve, and the Air
National Guard.
(2) To support fair and equitable legislation and
Department of the Air Force policies and to influence by lawful
means departmental plans, programs, policies, and legislative
proposals that affect enlisted personnel of the Regular Air
Force, the Air Force Reserve, and the Air National Guard, its
retirees, and other veterans of enlisted service in the Air
Force.
(3) To actively publicize the roles of enlisted personnel
in the United States Air Force.
(4) To participate in civil and military activities, youth
programs, and fundraising campaigns that benefit the United
States Air Force.
(5) To provide for the mutual welfare of members of the
association and their families.
(6) To assist in recruiting for the United States Air
Force.
(7) To assemble together for social activities.
(8) To maintain an adequate Air Force for our beloved
country.
(9) To foster among the members of the association a
devotion to fellow airmen.
(10) To serve the United States and the United States Air
Force loyally, and to do all else necessary to uphold and
defend the Constitution of the United States.
SEC. 1204. SERVICE OF PROCESS.
With respect to service of process, the association shall comply
with the laws of the District of Columbia and those States in which it
carries on its activities in furtherance of its corporate purposes.
SEC. 1205. MEMBERSHIP.
Except as provided in section 1208(g), eligibility for membership
in the association and the rights and privileges of members shall be as
provided in the bylaws and articles of incorporation of the
association.
SEC. 1206. BOARD OF DIRECTORS.
Except as provided in section 1208(g), the composition of the board
of directors of the association and the responsibilities of the board
shall be as provided in the bylaws and articles of incorporation of the
association and in conformity with the laws of the District of
Columbia.
SEC. 1207. OFFICERS.
Except as provided in section 1208(g), the positions of officers of
the association and the election of members to such positions shall be
as provided in the bylaws and articles of incorporation of the
association and in conformity with the laws of the District of
Columbia.
SEC. 1208. RESTRICTIONS.
(a) Income and Compensation.--No part of the income or assets of
the association may inure to the benefit of any member, officer, or
director of the association or be distributed to any such individual
during the life of this charter. Nothing in this subsection may be
construed to prevent the payment of reasonable compensation to the
officers and employees of the association or reimbursement for actual
and necessary expenses in amounts approved by the board of directors.
(b) Loans.--The association may not make any loan to any member,
officer, director, or employee of the association.
(c) Issuance of Stock and Payment of Dividends.--The association
may not issue any shares of stock or declare or pay any dividends.
(d) Disclaimer of Congressional or Federal Approval.--The
association may not claim the approval of the Congress or the
authorization of the Federal Government for any of its activities by
virtue of this title.
(e) Corporate Status.--The association shall maintain its status as
a corporation organized and incorporated under the laws of the District
of Columbia.
(f) Corporate Function.--The association shall function as an
educational, patriotic, civic, historical, and research organization
under the laws of the District of Columbia.
(g) Nondiscrimination.--In establishing the conditions of
membership in the association and in determining the requirements for
serving on the board of directors or as an officer of the association,
the association may not discriminate on the basis of race, color,
religion, sex, handicap, age, or national origin.
SEC. 1209. LIABILITY.
The association shall be liable for the acts of its officers,
directors, employees, and agents whenever such individuals act within
the scope of their authority.
SEC. 1210. MAINTENANCE AND INSPECTION OF BOOKS AND RECORDS.
(a) Books and Records of Account.--The association shall keep
correct and complete books and records of account and minutes of any
proceeding of the association involving any of its members, the board
of directors, or any committee having authority under the board of
directors.
(b) Names and Addresses of Members.--The association shall keep at
its principal office a record of the names and addresses of all members
having the right to vote in any proceeding of the association.
(c) Right to Inspect Books and Records.--All books and records of
the association may be inspected by any member having the right to vote
in any proceeding of the association, or by any agent or attorney of
such member, for any proper purpose at any reasonable time.
(d) Application of State Law.--This section may not be construed to
contravene any applicable State law.
SEC. 1211. AUDIT OF FINANCIAL TRANSACTIONS.
The first section of the Act entitled ``An Act to provide for audit
of accounts of private corporations established under Federal law'',
approved August 30, 1964 (36 U.S.C. 1101), is amended--
(1) by redesignating the paragraph (77) added by section
1811 of Public Law 104-201 (110 Stat. 2762) as paragraph (78);
and
(2) by adding at the end the following:
``(79) Air Force Sergeants Association.''.
SEC. 1212. ANNUAL REPORT.
The association shall annually submit to Congress a report
concerning the activities of the association during the preceding
fiscal year. The annual report shall be submitted on the same date as
the report of the audit required by reason of the amendment made in
section 1211. The annual report shall not be printed as a public
document.
SEC. 1213. RESERVATION OF RIGHT TO ALTER, AMEND, OR REPEAL CHARTER.
The right to alter, amend, or repeal this title is expressly
reserved to Congress.
SEC. 1214. TAX-EXEMPT STATUS REQUIRED AS CONDITION OF CHARTER.
If the association fails to maintain its status as an organization
exempt from taxation as provided in the Internal Revenue Code of 1986
the charter granted in this title shall terminate.
SEC. 1215. TERMINATION.
The charter granted in this title shall expire if the association
fails to comply with any of the provisions of this title.
SEC. 1216. DEFINITION OF STATE.
For purposes of this title, the term ``State'' includes the
District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth
of the Northern Mariana Islands, and the territories and possessions of
the United States.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 1998''.
TITLE XXI--ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(1), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations and locations inside the
United States, and in the amounts, set forth in the following table:
Army: Inside the United States
------------------------------------------------------------------------
State Installation or location Amount
------------------------------------------------------------------------
Alabama...................... Redstone Arsenal......... $27,000,000
Arizona...................... Fort Huachuca............ $20,000,000
California................... Naval Weapons Station, $23,000,000
Concord.
Colorado..................... Fort Carson.............. $7,300,000
Georgia...................... Fort Gordon.............. $22,000,000
Hawaii....................... Schofield Barracks....... $44,000,000
Indiana...................... Crane Army Ammunition $7,700,000
Activity.
Kansas....................... Fort Leavenworth......... $63,000,000
Fort Riley............... $25,800,000
Kentucky..................... Fort Campbell............ $53,600,000
Fort Knox................ $7,200,000
North Carolina............... Fort Bragg............... $6,500,000
South Carolina............... Naval Weapons Station, $7,700,000
Charleston.
Texas........................ Fort Sam Houston......... $16,000,000
Virginia..................... Charlottesville.......... $3,100,000
Fort A.P. Hill........... $5,400,000
Fort Myer................ $8,200,000
Washington................... Fort Lewis............... $33,000,000
CONUS Classified............. Classified Location...... $6,500,000
---------------
Total:............... $387,000,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(2), the
Secretary of the Army may acquire real property and carry out military
construction projects for the locations outside the United States, and
in the amounts, set forth in the following table:
Army: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Germany........................ Katterbach Kaserne, $22,000,000
Ansbach.
Kitzingen.............. $4,365,000
Tompkins Barracks, $8,800,000
Heidelberg.
Rhine Ordnance $6,000,000
Barracks, Military
Support Group,
Kaiserslautern.
Korea.......................... Camp Casey............. $5,100,000
Camp Castle............ $8,400,000
Camp Humphreys......... $32,000,000
Camp Red Cloud......... $23,600,000
Camp Stanley........... $7,000,000
Various Overseas............... Various Locations...... $37,000,000
Worldwide...................... Host Nation Support.... $20,000,000
---------------
Total:............. $174,265,000
------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(5)(A), the Secretary of the Army may construct or acquire
family housing units (including land acquisition) at the installations,
for the purposes, and in the amounts set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Alaska................................ Fort Richardson.......... 52 Units..................... $9,600,000
Fort Wainwright.......... 32 Units..................... $8,300,000
Florida............................... Miami.................... 8 Units...................... $2,300,000
Hawaii................................ Schofield Barracks....... 132 Units.................... $26,600,000
Kentucky.............................. Fort Campbell............ Family housing improvements.. $8,500,000
Maryland.............................. Fort Meade............... 56 Units..................... $7,900,000
New York.............................. United States Military Whole neighborhood $5,400,000
Academy, West Point. revitalization.
North Carolina........................ Fort Bragg............... 174 Units.................... $20,150,000
Texas................................. Fort Bliss............... 91 Units..................... $12,900,000
Fort Hood................ 130 Units.................... $18,800,000
---------------
Total:................... $120,450,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2104(a)(5)(A), the
Secretary of the Army may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of family housing units in an amount not to
exceed $11,665,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2104(a)(5)(A), the Secretary of the Army may improve existing
military family housing units in an amount not to exceed $44,800,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 1997, for military
construction, land acquisition, and military family housing functions
of the Department of the Army in the total amount of $1,951,478,000 as
follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $360,500,000.
(2) For the military construction projects outside the
United States authorized by section 2101(b), $174,265,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$6,000,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $50,512,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $176,915,000.
(B) For support of military family housing
(including the functions described in section 2833 of
title 10, United States Code), $1,143,286,000.
(6) For the construction of the National Range Control
Center, White Sands Missile Range, New Mexico, authorized by
section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 1997 (division B of Public Law 104-201; 110
Stat. 2763), $18,000,000.
(7) For the construction of the whole barracks complex
renewal, Fort Knox, Kentucky, authorized by section 2101(a) of
the Military Construction Authorization Act for Fiscal Year
1997 (110 Stat. 2763), $22,000,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2101 of this
Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a); and
(2) $26,500,000 (the balance of the amount authorized under
section 2101(a) for the construction of the United States
Disciplinary Barracks, Fort Leavenworth, Kansas).
SEC. 2105. AUTHORITY TO USE CERTAIN PRIOR YEAR FUNDS TO CONSTRUCT A
HELIPORT AT FORT IRWIN, CALIFORNIA.
(a) Authority To Use Funds.--Notwithstanding any other provision of
law and subject to subsection (b), the Secretary of the Army may carry
out a project to construct a heliport at Fort Irwin, California, using
the following amounts:
(1) Amounts appropriated pursuant to the authorization of
appropriations in section 2104(a)(1) of the Military
Construction Authorization Act for Fiscal Year 1995 (division B
of Public Law 103-337; 108 Stat. 3029) for the military
construction project at Fort Irwin authorized by section
2101(a) of that Act (108 Stat. 3027).
(2) Amounts appropriated pursuant to the authorization of
appropriations in section 2104(a)(1) of the Military
Construction Authorization Act for Fiscal Year 1996 (division B
of Public Law 104-106; 110 Stat. 524) for the military
construction project at Fort Irwin authorized by section
2101(a) of that Act (110 Stat. 523).
(b) Limitation on Availability.--Unless funds available under
subsection (a) are obligated for the project covered by that subsection
by the later of the dates set forth in section 2701(a) of this Act, the
authority in that subsection to use funds for the project shall expire
on the later of such dates.
TITLE XXII--NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(1), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installations and locations inside the
United States, and in the amounts, set forth in the following table:
Navy: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Arizona........................ Navy Detachment, Camp $11,426,000
Navajo.
Marine Corps Air $14,700,000
Station, Yuma.
California..................... Marine Corps Air $14,020,000
Station, Camp
Pendleton.
Marine Corps Air $8,700,000
Station, Miramar.
Marine Corps Air-Ground $3,810,000
Combat Center,
Twentynine Palms.
Marine Corps Base, Camp $39,469,000
Pendleton.
Naval Air Facility, El $11,000,000
Centro.
Naval Air Station, $19,600,000
North Island.
Connecticut.................... Naval Submarine Base, $23,560,000
New London.
Florida........................ Naval Air Station, $3,480,000
Jacksonville.
Hawaii......................... Honolulu (Fort DeRussy) $9,500,000
Marine Corps Air $19,000,000
Station, Kaneohe Bay.
Naval Computer and $3,900,000
Telecommunications
Area, Master Station,
Eastern Pacific,
Honolulu.
Naval Station, Pearl $25,000,000
Harbor.
Illinois....................... Naval Training Center, $41,220,000
Great Lakes.
Mississippi.................... Navy Combat Battalion $22,440,000
Construction Base,
Gulfport.
North Carolina................. Marine Corps Air $8,800,000
Station, Cherry Point.
Marine Corps Air $19,900,000
Station, New River.
Rhode Island................... Naval Undersea Warfare $8,900,000
Center Division,
Newport.
South Carolina................. Marine Corps Recruit $3,200,000
Depot, Parris Island.
Virginia....................... Fleet Combat Training $7,000,000
Center, Dam Neck.
Naval Air Station, $14,240,000
Norfolk.
Naval Air Station, $28,000,000
Oceana.
Naval Amphibious Base, $8,685,000
Little Creek.
Naval Station, Norfolk. $64,970,000
Naval Surface Warfare $20,480,000
Center, Dahlgren.
Naval Weapons Station, $11,257,000
Yorktown.
Norfolk Naval Shipyard, $9,500,000
Portsmouth.
Washington..................... Naval Air Station, $1,100,000
Whidbey Island.
Puget Sound Naval $4,400,000
Shipyard, Bremerton.
---------------
Total:............. $481,257,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(2), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installations and locations outside the
United States, and in the amounts, set forth in the following table:
Navy: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Bahrain........................ Administrative Support $30,100,000
Unit, Bahrain.
Guam........................... Naval Computer and $4,050,000
Telecommunications
Area, Master Station,
Western Pacific.
Italy.......................... Naval Air Station, $21,440,000
Sigonella.
Naval Support Activity, $8,200,000
Naples.
United Kingdom................. Joint Maritime $2,330,000
Communications Center,
Saint Mawgan.
---------------
Total:............. $65,920,000
------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(5)(A), the Secretary of the Navy may construct or acquire
family housing units (including land acquisition) at the installations,
for the purposes, and in the amounts set forth in the following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation Purpose Amount
----------------------------------------------------------------------------------------------------------------
California............................ Marine Corps Air Station, 166 Units.................... $28,881,000
Miramar.
Marine Corps Air-Ground 132 Units.................... $23,891,000
Combat Center,
Twentynine Palms.
Marine Corps Base, Camp 171 Units.................... $22,518,000
Pendleton.
Naval Air Station, 128 Units.................... $23,226,000
Lemoore.
North Carolina........................ Marine Corps Base, Camp 37 Units..................... $2,863,000
Lejeune.
Texas................................. Naval Air Station, Corpus 57 Units..................... $6,470,000
Christi.
Washington............................ Naval Air Station, 198 Units.................... $32,290,000
Whidbey Island.
---------------
Total:................... $140,139,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2204(a)(5)(A), the
Secretary of the Navy may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of military family housing units in an
amount not to exceed $15,850,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2204(a)(5)(A), the Secretary of the Navy may improve existing
military family housing units in an amount not to exceed $173,780,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 1997, for military
construction, land acquisition, and military family housing functions
of the Department of the Navy in the total amount of $1,907,387,000 as
follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $448,637,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $65,920,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $9,960,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $47,597,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $329,769,000.
(B) For support of military housing (including
functions described in section 2833 of title 10, United
States Code), $976,504,000.
(6) For construction of a large anachoic chamber facility
at Patuxent River Naval Warfare Center, Maryland, authorized by
section 2201(a) of the Military Construction Authorization Act
for Fiscal Year 1993 (division B of Public Law 102-484; 106
Stat. 2590), $9,000,000.
(7) For construction of a bachelor enlisted quarters at
Naval Hospital, Great Lakes, Illinois, authorized by section
2201(a) of the Military Construction Authorization Act for
Fiscal Year 1997 (division B of Public Law 104-201; 110 Stat.
2766), $5,200,000.
(8) For construction of a bachelor enlisted quarters at
Naval Station, Roosevelt Roads, Puerto Rico, authorized by
section 2201(b) of the Military Construction Authorization Act
for Fiscal Year 1997 (110 Stat. 2767), $14,600,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2201 of this
Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a); and
(2) $32,620,000 (the balance of the amount authorized under
section 2101(a) for the replacement of the Berthing Pier at
Naval Station, Norfolk, Virginia.
(c) Adjustment.--The total amount authorized to be appropriated
under paragraph (5) of subsection (a) is the sum of the amounts
authorized to be appropriated under such paragraph, reduced by
$8,463,000 (the combination of project savings resulting from favorable
bids, reduced overhead costs, and cancellations due to force structure
changes).
SEC. 2205. AUTHORIZATION OF MILITARY CONSTRUCTION PROJECT AT PASCAGOULA
NAVAL STATION, MISSISSIPPI, FOR WHICH FUNDS HAVE BEEN
APPROPRIATED.
(a) Authorization.--The table in section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 1997 (division B of
Public Law 104-201; 110 Stat. 2766) is amended by striking out the item
relating to Navy Project, Stennis Space Center, Mississippi, and
inserting in lieu thereof the following:
------------------------------------------------------------------------
------------------------------------------------------------------------
Mississippi.................... Naval Station $4,990,000
Pascagoula.
Navy Project, Stennis $7,960,000
Space Center.
------------------------------------------------------------------------
(b) Conforming Amendments.--Section 2204(a) of such Act (110 Stat.
2769) is amended--
(1) in the matter preceding paragraph (1), by striking out
``$2,213,731,000'' and inserting in lieu thereof
``$2,218,721,000''; and
(2) in paragraph (1), by striking out ``$579,312,000'' and
inserting in lieu thereof ``$584,302,000''.
SEC. 2206. INCREASE IN AUTHORIZATION FOR MILITARY CONSTRUCTION PROJECTS
AT ROOSEVELT ROADS NAVAL STATION, PUERTO RICO.
(a) Increase.--The table in section 2201(b) of the Military
Construction Authorization Act for Fiscal Year 1997 (division B of
Public Law 104-201; 110 Stat. 2767) is amended in the amount column of
the item relating to Naval Station, Roosevelt Roads, Puerto Rico, by
striking out ``$23,600,000'' and inserting in lieu thereof
``$24,100,000''.
(b) Conforming Amendment.--Section 2204(b)(4) of such Act (110
Stat. 2770) is amended by striking out ``$14,100,000'' and inserting in
lieu thereof ``$14,600,000''.
TITLE XXIII--AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a)(1), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations and locations
inside the United States, and in the amounts, set forth in the
following table:
Air Force: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Alabama........................ Maxwell Air Force Base. $5,574,000
Alaska......................... Clear Air Force Station $67,069,000
Elmendorf Air Force $6,100,000
Base.
Eielson Air Force Base. $13,764,000
Indian Mountain Long $1,991,000
Range Radar Site.
California..................... Edwards Air Force Base. $2,887,000
Vandenberg Air Force $26,876,000
Base.
Colorado....................... Buckley Air National $6,718,000
Guard Base.
Falcon Air Force $10,551,000
Station.
Peterson Air Force Base $4,081,000
United States Air Force $15,229,000
Academy.
Florida........................ Eglin Auxiliary Field 9 $6,470,000
MacDill Air Force Base. $1,543,000
Georgia........................ Moody Air Force Base... $15,900,000
Robins Air Force Base.. $18,663,000
Hawaii......................... Bellows Air Force $5,232,000
Station.
Idaho.......................... Mountain Home Air Force $30,669,000
Base.
Kansas......................... McConnell Air Force $19,219,000
Base.
Louisiana...................... Barksdale Air Force $19,410,000
Base.
Mississippi.................... Keesler Air Force Base. $30,855,000
Missouri....................... Whiteman Air Force Base $17,419,000
Montana........................ Malmstrom Air Force $4,500,000
Base.
Nebraska....................... Offutt Air Force Base.. $6,900,000
Nevada......................... Nellis Air Force Base.. $5,900,000
New Jersey..................... McGuire Air Force Base. $9,954,000
New Mexico..................... Cannon Air Force Base.. $2,900,000
Kirtland Air Force Base $20,300,000
North Carolina................. Pope Air Force Base.... $8,356,000
North Dakota................... Grand Forks Air Force $8,560,000
Base.
Minot Air Force Base... $5,200,000
Ohio........................... Wright-Patterson Air $32,750,000
Force Base.
Oklahoma....................... Altus Air Force Base... $11,000,000
Tinker Air Force Base.. $9,655,000
Vance Air Force Base... $7,700,000
South Carolina................. Shaw Air Force Base.... $6,072,000
South Dakota................... Ellsworth Air Force $6,600,000
Base.
Tennessee...................... Arnold Air Force Base.. $10,750,000
Texas.......................... Dyess Air Force Base... $10,000,000
Randolph Air Force Base $2,488,000
Utah........................... Hill Air Force Base.... $6,470,000
Virginia....................... Langley Air Force Base. $4,031,000
Washington..................... Fairchild Air Force $24,016,000
Base.
McChord Air Force Base. $9,655,000
CONUS Classified............... Classified Location.... $6,175,000
---------------
Total:............. $546,152,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a)(2), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations and locations
outside the United States, and in the amounts, set forth in the
following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Germany........................ Spangdahlem Air Base... $18,500,000
Italy.......................... Aviano Air Base........ $15,220,000
Korea.......................... Kunsan Air Base........ $10,325,000
Portugal....................... Lajes Field, Azores.... $4,800,000
United Kingdom................. Royal Air Force, $11,400,000
Lakenheath.
Overseas Classified............ Classified Location.... $29,100,000
---------------
Total:............. $89,345,000
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(5)(A), the Secretary of the Air Force may construct or acquire
family housing units (including land acquisition) at the installations,
for the purposes, and in the amounts set forth in the following table:
Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
California............................ Edwards Air Force Base... 51 units..................... $8,500,000
Travis Air Force Base.... 70 units..................... $9,714,000
Vandenberg Air Force Base 108 units.................... $17,100,000
Delaware.............................. Dover Air Force Base..... Ancillary Facility........... $831,000
District of Columbia.................. Bolling Air Force Base... 46 units..................... $5,100,000
Florida............................... MacDill Air Force Base... 58 units..................... $10,000,000
Tyndall Air Force Base... 32 units..................... $4,200,000
Georgia............................... Robins Air Force Base.... 106 units.................... $12,000,000
Idaho................................. Mountain Home Air Force 60 units..................... $11,032,000
Base.
Kansas................................ McConnell Air Force Base. 19 units..................... $2,951,000
Mississippi........................... Columbus Air Force Base.. 50 units..................... $6,200,000
Keesler Air Force Base... 40 units..................... $5,000,000
Montana............................... Malmstrom Air Force Base. 956 units.................... $21,447,000
New Mexico............................ Kirtland Air Force Base.. 180 units.................... $20,900,000
North Dakota.......................... Grand Forks Air Force 42 units..................... $7,936,000
Base.
South Carolina........................ Charleston Air Force Base Improve family housing area.. $14,300,000
Texas................................. Dyess Air Force Base..... 70 units..................... $10,503,000
Goodfellow Air Force Base 3 units...................... $500,000
Lackland Air Force Base.. 50 units..................... $7,400,000
Wyoming............................... F.E. Warren Air Force 52 units..................... $6,853,000
Base.
---------------
Total:................... $182,467,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2304(a)(5)(A), the
Secretary of the Air Force may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of military family housing units in an
amount not to exceed $13,021,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2304(a)(5)(A), the Secretary of the Air Force may improve
existing military family housing units in an amount not to exceed
$102,195,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 1997, for military
construction, land acquisition, and military family housing functions
of the Department of the Air Force in the total amount of
$1,799,181,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $546,152,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $89,345,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $8,545,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $51,080,000.
(5) For military housing functions:
(A) For construction and acquisition, planning and
design, planning improvement of military family housing
and facilities, $297,683,000.
(B) For support of military family housing
(including the functions described in section 2833 of
title 10, United States Code), $830,234,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2301 of this
Act may not exceed the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
(c) Adjustment.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (5) of subsection (a) is the sum of
the amounts authorized to be appropriated in such paragraphs, reduced
by $23,858,000 (the combination of project savings resulting from
favorable bids, reduced overhead costs, and cancellations due to force
structure changes).
SEC. 2305. AUTHORIZATION OF MILITARY CONSTRUCTION PROJECT AT MCCONNELL
AIR FORCE BASE, KANSAS, FOR WHICH FUNDS HAVE BEEN
APPROPRIATED.
(a) Authorization.--The table in section 2301(a) of the Military
Construction Authorization Act for Fiscal Year 1997 (division B of
Public Law 104-201; 110 Stat. 2771) is amended in the item relating to
McConnell Air Force Base, Kansas, by striking out ``$19,130,000'' in
the amount column and inserting in lieu thereof ``$25,830,000''.
(b) Conforming Amendment.--Section 2304 of such Act (110 Stat.
2774) is amended--
(1) in the matter preceding paragraph (1), by striking out
``$1,894,594,000'' and inserting in lieu thereof
``$1,901,294,000''; and
(2) in paragraph (1), by striking out ``$603,834,000'' and
inserting in lieu thereof ``$610,534,000''.
TITLE XXIV--DEFENSE AGENCIES
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2405(a)(1), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations and locations inside the
United States, and in the amounts, set forth in the following table:
Defense Agencies: Inside the United States
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Defense Commissary Agency...... Fort Lee, Virginia..... $9,300,000
Defense Finance & Accounting Naval Station, Pearl
Service. Harbor, Hawaii........ $10,000,000
Columbus Center, Ohio.. $9,722,000
Naval Air Station,
Millington, Tennessee. $6,906,000
Naval Station, Norfolk,
Virginia.............. $12,800,000
Defense Intelligence Agency.... Redstone Arsenal,
Alabama............... $32,700,000
Bolling Air Force Base,
District of Columbia.. $7,000,000
Defense Logistics Agency....... Elmendorf Air Force
Base, Alaska.......... $21,700,000
Naval Air Station,
Jacksonville, Florida. $9,800,000
Westover Air Reserve
Base, Massachusetts... $4,700,000
Defense Distribution
New Cumberland--DDSP,
Pennsylvania.......... $15,500,000
Defense Distribution
Depot--DDNV, Virginia. $16,656,000
Defense Fuel Support
Point, Craney Island,
Virginia.............. $22,100,000
Defense General Supply
Center, Richmond,
Virginia.............. $5,200,000
Defense Fuel Support
Center, Truax Field,
Wisconsin............. $4,500,000
CONUS Various, CONUS
Various............... $11,275,000
Defense Medical Facility Office Naval Station, San
Diego, California..... $2,100,000
Naval Submarine Base,
New London,
Connecticut........... $2,300,000
Naval Air Station,
Pensacola, Florida.... $2,750,000
Robins Air Force Base,
Georgia............... $19,000,000
Fort Campbell, Kentucky $13,600,000
Fort Detrick, Maryland. $4,650,000
McGuire Air Force Base,
New Jersey............ $35,217,000
Holloman Air Force
Base, New Mexico...... $3,000,000
Wright-Patterson Air
Force Base, Ohio...... $2,750,000
Lackland Air Force
Base, Texas........... $3,000,000
Hill Air Force Base,
Utah.................. $3,100,000
Marine Corps Combat
Development Command,
Quantico, Virginia.... $19,000,000
Naval Station, Everett,
Washington............ $7,500,000
National Security Agency....... Fort Meade, Maryland... $29,800,000
Special Operations Command..... Naval Amphibious Base,
North Island,
California............ $7,400,000
Eglin Auxiliary Field
3, Florida............ $11,200,000
Hurlburt Field, Florida $2,450,000
Fort Benning, Georgia.. $9,814,000
Hunter Army Air Field,
Fort Stewart, Georgia. $2,500,000
Naval Station, Pearl
Harbor, Hawaii........ $7,400,000
Mississippi Army
Ammunition Plant,
Mississippi........... $9,900,000
Fort Bragg, North
Carolina.............. $9,800,000
---------------
Total:............. $408,090,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2405(a)(2), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations and locations outside the
United States, and in the amounts, set forth in the following table:
Defense Agencies: Outside the United States
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Ballistic Missile Defense Kwajalein Atoll........ $4,565,000
Organization.
Defense Logistics Agency....... Defense Fuel Support
Point, Anderson Air
Force Base, Guam...... $16,000,000
Defense Fuel Supply
Center, Moron Air
Base, Spain........... $14,400,000
---------------
Total:............. $34,965,000
------------------------------------------------------------------------
SEC. 2402. MILITARY HOUSING PLANNING AND DESIGN.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2405(a)(13)(A), the Secretary of Defense may
carry out architectural and engineering services and construction
design activities with respect to the construction or improvement of
military family housing units in an amount not to exceed $50,000.
SEC. 2403. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriation in
section 2405(a)(13)(A), the Secretary of Defense may improve existing
military family housing units in an amount not to exceed $4,950,000.
SEC. 2404. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2405(a)(11), the Secretary of Defense may
carry out energy conservation projects under section 2865 of title 10,
United States Code.
SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 1997, for military
construction, land acquisition, and military family housing functions
of the Department of Defense (other than the military departments), in
the total amount of $2,778,531,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $408,090,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $34,965,000.
(3) For military construction projects at Anniston Army
Depot, Alabama, authorized by section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 1993 (division B
of Public Law 102-484; 106 Stat. 2587), $9,900,000.
(4) For military construction projects at Walter Reed Army
Institute of Research, Maryland, hospital replacement,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1993 (106 Stat. 2599),
$20,000,000.
(5) For military construction projects at Umatilla Army
Depot, Oregon, authorized by section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 1995 (division B
of Public Law 103-337; 108 Stat. 3040), as amended by section
2407 of the Military Construction Authorization Act for Fiscal
Year 1996 (division B of Public Law 104-106; 110 Stat. 539) and
section 2408(2) of this Act, $57,427,000.
(6) For military construction projects at the Defense
Finance and Accounting Service, Columbus, Ohio, authorized by
section 2401(a) of the Military Construction Authorization Act
of Fiscal Year 1996 (110 Stat. 535), $14,200,000.
(7) For military construction projects at Portsmouth Naval
Hospital, Virginia authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal Years 1990
and 1991 (division B of Public Law 101-189; 103 Stat. 1640),
$34,600,000.
(8) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States Code,
$9,844,000.
(9) For unspecified minor construction projects under
section 2805 of title 10, United States Code, $34,457,000.
(10) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $31,520,000.
(11) For energy conservation projects authorized by section
2404 of this Act, $25,000,000.
(12) For base closure and realignment activities as
authorized by the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note), $2,060,854,000.
(13) For military family housing functions:
(A) For improvement and planning of military family
housing and facilities, $4,950,000.
(B) For support of military housing (including
functions described in section 2833 of title 10, United
States Code), $32,724,000, of which not more than
$27,673,000 may be obligated or expended for the
leasing of military family housing units worldwide.
(b) Limitation of Total Cost of Construction Projects.--
Notwithstanding the cost variation authorized by section 2853 of title
10, United States Code, and any other cost variations authorized by
law, the total cost of all projects carried out under section 2401 of
this Act may not exceed the total amount authorized to be appropriated
under paragraphs (1) and (2) of subsection (a).
SEC. 2406. CLARIFICATION OF AUTHORITY RELATING TO FISCAL YEAR 1997
PROJECT AT NAVAL STATION, PEARL HARBOR, HAWAII.
The table in section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1997 (division B of Public Law 104-
201; 110 Stat. 2775) is amended in the item relating to Special
Operations Command, Naval Station, Ford Island, Pearl Harbor, Hawaii,
in the installation or location column by striking out ``Naval Station,
Ford Island, Pearl Harbor, Hawaii'' and inserting in lieu thereof
``Naval Station, Pearl City Peninsula, Pearl Harbor, Hawaii''.
SEC. 2407. AUTHORITY TO USE PRIOR YEAR FUNDS TO CARRY OUT CERTAIN
DEFENSE AGENCY MILITARY CONSTRUCTION PROJECTS.
(a) Authority To Use Funds.--Notwithstanding any other provision of
law and subject to subsection (c), the Secretary of Defense may carry
out the military construction projects referred to in subsection (b),
in the amounts specified in that subsection, using amounts appropriated
pursuant to the authorization of appropriations in section 2405(a)(1)
of the Military Construction Authorization Act for Fiscal Year 1995
(division B of Public Law 103-337; 108 Stat. 3042) for the military
construction project authorized at McClellan Air Force Base,
California, by section 2401 of that Act (108 Stat. 3041).
(b) Covered Projects.--Funds available under subsection (a) may be
used for military construction projects as follows:
(1) Construction of an addition to the Aeromedical Clinic
at Anderson Air Base, Guam, $3,700,000.
(2) Construction of an occupational health clinic facility
at Tinker Air Force Base, Oklahoma, $6,500,000.
(c) Limitation on Availability.--Unless funds available under
subsection (a) are obligated for a project referred to in subsection
(b) by the later of the dates set forth in section 2701(a), the
authority in subsection (a) to use such funds for the project shall
expire on the later of such dates.
SEC. 2408. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 1995
PROJECTS.
The table in section 2401 of the Military Construction
Authorization Act for Fiscal Year 1995 (division B of Public Law 103-
337; 108 Stat. 3040), as amended by section 2407 of the Military
Construction Authorization Act for Fiscal Year 1996 (division B of
Public Law 104-106; 110 Stat. 539), under the agency heading relating
to Chemical Weapons and Munitions Destruction, is amended--
(1) in the item relating to Pine Bluff Arsenal, Arkansas,
by striking out ``$115,000,000'' in the amount column and
inserting in lieu thereof ``$134,000,000''; and
(2) in the item relating to Umatilla Army Depot, Oregon, by
striking out ``$186,000,000'' in the amount column and
inserting in lieu thereof ``$187,000,000''.
SEC. 2409. AVAILABILITY OF FUNDS FOR FISCAL YEAR 1995 PROJECT RELATING
TO RELOCATABLE OVER-THE-HORIZON RADAR, NAVAL STATION
ROOSEVELT ROADS, PUERTO RICO.
(a) Availability of Funds.--Notwithstanding any other provision of
law and except as provided in subsection (b), funds appropriated under
the heading ``Drug Interdiction and Counter-Drug Activities, Defense''
in title VI of the Department of Defense Appropriations Act, 1995
(Public Law 103-335; 108 Stat. 2615) for the construction of a
relocatable over-the-horizon radar at Naval Station Roosevelt Roads,
Puerto Rico, shall be available for that purpose until the later of--
(1) October 1, 1998; or
(2) the date of enactment of an Act authorizing funds for
military construction for fiscal year 1999.
(b) Exception.--Subsection (a) shall not apply to the use of funds
covered by that subsection for the purpose specified in that subsection
if such funds are obligated before the later of the dates specified in
that subsection.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment program as provided in
section 2806 of title 10, United States Code, in an amount not to
exceed the sum of the amount authorized to be appropriated for this
purpose in section 2502 and the amount collected from the North
Atlantic Treaty Organization as a result of construction previously
financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 1997, for contributions by the Secretary
of Defense under section 2806 of title 10, United States Code, for the
share of the United States of the cost of projects for the North
Atlantic Treaty Organization Security Investment program authorized by
section 2501, in the amount of $152,600,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
There are authorized to be appropriated for fiscal years beginning
after September 30, 1997, for the costs of acquisition, architectural
and engineering services, and construction of facilities for the Guard
and Reserve Forces, and for contributions therefor, under chapter 1803
of title 10, United States Code (including the cost of acquisition of
land for those facilities), the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United
States, $165,345,000; and
(B) for the Army Reserve, $87,640,000.
(2) For the Department of the Navy, for the Naval and
Marine Corps Reserve, $21,213,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United
States, $193,269,000; and
(B) for the Air Force Reserve, $34,580,000.
SEC. 2602. AUTHORIZATION OF ARMY NATIONAL GUARD CONSTRUCTION PROJECT,
AVIATION SUPPORT FACILITY, HILO, HAWAII, FOR WHICH FUNDS
HAVE BEEN APPROPRIATED.
Section 2601(1)(A) of the Military Construction Authorization Act
for Fiscal Year 1997 (division B of Public Law 104-201; 110 Stat. 2780)
is amended by striking out ``$59,194,000'' and inserting in lieu
thereof ``$65,094,000''.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations after Three Years.--Except as
provided in subsection (b), all authorizations contained in titles XXI
through XXVI for military construction projects, land acquisition,
family housing projects and facilities, and contributions to the North
Atlantic Treaty Organization Security Investment program (and
authorizations of appropriations therefor) shall expire on the later
of--
(1) October 1, 2000; or
(2) the date for the enactment of an Act authorizing funds
for military construction for fiscal year 2001.
(b) Exception.--Subsection (a) shall not apply to authorizations
for military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic Treaty
Organization Security Investment program (and authorizations of
appropriations therefor), for which appropriated funds have been
obligated before the later of--
(1) October 1, 2000; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2001 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization
Security Investment program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 1995
PROJECTS.
(a) Extensions.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 1995 (division B of
Public Law 103-337; 108 Stat. 3046), authorizations for the projects
set forth in the tables in subsection (b), as provided in section 2101,
2201, 2202, 2301, 2302, 2401, or 2601 of that Act, shall remain in
effect until October 1, 1998, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year 1999,
whichever is later.
(b) Tables.--The tables referred to in subsection (a) are as
follows:
Army: Extension of 1995 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
California............................ Fort Irwin............... National Training Center $10,000,000
Airfield Phase I.
----------------------------------------------------------------------------------------------------------------
Navy: Extension of 1995 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Maryland.............................. Indian Head Naval Surface Upgrade Power Plant.......... $4,000,000
Warfare Center.
Indian Head Naval Surface Denitrification/Acid Mixing $6,400,000
Warfare Center. Facility.
Virginia.............................. Norfolk Marine Corps Bachelor Enlisted Quarters... $6,480,000
Security Force Battalion
Atlantic.
Washington............................ Naval Station, Everett... Housing Office............... $780,000
CONUS Classified...................... Classified Location...... Aircraft Fire and Rescue and $2,200,000
Vehicle Maintenance
Facilities.
----------------------------------------------------------------------------------------------------------------
Air Force: Extension of 1995 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
California............................ Beale Air Force Base..... Consolidated Support Center.. $10,400,000
Los Angeles Air Force Family Housing (50 units).... $8,962,000
Station.
North Carolina........................ Pope Air Force Base...... Combat Control Team Facility. $2,450,000
Pope Air Force Base...... Fire Training Facility....... $1,100,000
----------------------------------------------------------------------------------------------------------------
Defense Agencies: Extension of 1995 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Alabama............................... Anniston Army Depot...... Carbon Filtration System..... $5,000,000
Arkansas.............................. Pine Bluff Arsenal....... Ammunition Demilitarization $115,000,000
Facility.
California............................ Defense Contract Administrative Building...... $5,100,000
Management Area Office,
El Segundo.
Oregon................................ Umatilla Army Depot...... Ammunition Demilitarization $186,000,000
Facility.
----------------------------------------------------------------------------------------------------------------
Army National Guard: Extension of 1995 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
California............................ Camp Roberts............. Modify Record Fire/ $3,910,000
Maintenance Shop.
Camp Roberts............. Combat Pistol Range.......... $952,000
Pennsylvania.......................... Fort Indiantown Gap...... Barracks..................... $6,200,000
----------------------------------------------------------------------------------------------------------------
Naval Reserve: Extension of 1995 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Georgia............................... Naval Air Station Training Center.............. $2,650,000
Marietta.
----------------------------------------------------------------------------------------------------------------
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 1994
PROJECTS.
(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 1994 (division B of
Public Law 103-160; 107 Stat. 1880), authorizations for the projects
set forth in the table in subsection (b), as provided in section 2201
of that Act and extended by section 2702(a) of the Military
Construction Authorization Act for Fiscal Year 1997 (division B of
Public Law 104-201; 110 Stat. 2783), shall remain in effect until
October 1, 1998, or the date of the enactment of an Act authorizing
funds for military construction for fiscal year 1999, whichever is
later.
(b) Table.--The table referred to in subsection (a) is as follows:
Navy: Extension of 1994 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
California............................ Camp Pendleton Marine Sewage Facility.............. $7,930,000
Corps Base.
Connecticut........................... New London Naval Hazardous Waste Transfer $1,450,000
Submarine Base. Facility.
----------------------------------------------------------------------------------------------------------------
SEC. 2704. EXTENSION OF AUTHORIZATION OF FISCAL YEAR 1993 PROJECT.
(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 1993 (division B of
Public Law 102-484; 106 Stat. 2602), the authorization for the project
set forth in the table in subsection (b), as provided in section 2101
of that Act and extended by section 2702 of the Military Construction
Authorization Act for Fiscal Year 1996 (division B of Public Law 104-
106; 110 Stat. 541) and section 2703 of the Military Construction
Authorization Act for Fiscal Year 1997 (division B of Public Law 104-
201; 110 Stat. 2784), shall remain in effect until October 1, 1998, or
the date of enactment of an Act authorizing funds for military
construction for fiscal year 1999, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Army: Extension of 1993 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Arkansas.............................. Pine Bluff Arsenal....... Ammunition Demilitarization $15,000,000
Support Facility.
----------------------------------------------------------------------------------------------------------------
SEC. 2705. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 1992
PROJECTS.
(a) Extensions.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 1992 (division B of
Public Law 102-190; 105 Stat. 1535), authorizations for the projects
set forth in the table in subsection (b), as provided in section 2101
of that Act and extended by section 2702 of the Military Construction
Authorization Act for Fiscal Year 1995 (division B of Public Law 103-
337; 108 Stat. 3047), section 2703 of the Military Construction
Authorization Act for Fiscal Year 1996 (division B of Public Law 104-
106; 110 Stat. 543), and section 2704 of the Military Construction
Authorization Act for Fiscal Year 1997 (division B of Public Law 104-
201; 110 Stat. 2785), shall remain in effect until October 1, 1998, or
the date of enactment of an Act authorizing funds for military
construction for fiscal year 1999, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Army: Extension of 1992 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Oregon................................ Umatilla Army Depot...... Ammunition Demilitarization $3,600,000
Support Facility.
Umatilla Army Depot...... Ammunition Demilitarization $7,500,000
Utilities.
----------------------------------------------------------------------------------------------------------------
SEC. 2706. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take effect on
the later of--
(1) October 1, 1997; or
(2) the date of the enactment of this Act.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
SEC. 2801. INCREASE IN CEILING FOR MINOR LAND ACQUISITION PROJECTS.
(a) Increase.--Section 2672 of title 10, United States Code, is
amended by striking out ``$200,000'' each place it appears in
subsection (a) and inserting in lieu thereof ``$500,000''.
(b) Conforming Amendments.--(1) The section heading for such
section is amended by striking out ``$200,000'' and inserting in lieu
thereof ``$500,000''.
(2) The table of sections at the beginning of chapter 159 of such
title is amended in the item relating to section 2672 by striking out
``$200,000'' and inserting in lieu thereof ``$500,000''.
SEC. 2802. SALE OF UTILITY SYSTEMS OF THE MILITARY DEPARTMENTS.
(a) In General.--Chapter 159 of title 10, United States Code, is
amended by adding at the end the following:
``Sec. 2695. Sale of utility systems
``(a) Authority.--The Secretary of the military department
concerned may convey all right, title, and interest of the United
States, or any lesser estate thereof, in and to all or part of a
utility system located on or adjacent to a military installation under
the jurisdiction of the Secretary to a municipal utility, private
utility, regional or district utility, or cooperative utility or other
appropriate entity.
``(b) Selection of Purchaser.--If more than one utility or entity
referred to in subsection (a) notifies the Secretary concerned of an
interest in a conveyance under that subsection, the Secretary shall
carry out the conveyance through the use of competitive procedures.
``(c) Consideration.--
``(1) In general.--The Secretary concerned shall accept as
consideration for a conveyance under subsection (a) an amount
equal to the fair market value (as determined by the Secretary)
of the right, title, or interest conveyed.
``(2) Form of consideration.--Consideration under this
subsection may take the form of--
``(A) a lump sum payment; or
``(B) a reduction in charges for utility services
provided the military installation concerned by the
utility or entity concerned.
``(3) Treatment of payments.--
``(A) Crediting.--A lump sum payment received under
paragraph (2)(A) shall be credited, at the election of
the Secretary--
``(i) to an appropriation of the military
department concerned available for the
procurement of the same utility services as are
provided by the utility system conveyed under
this section;
``(ii) to an appropriation of the military
department available for carrying out energy
savings projects or water conservation
projects; or
``(iii) to an appropriation of the military
department available for improvements to other
utility systems on the installation concerned.
``(B) Availability.--Amounts so credited shall be
merged with funds in the appropriation to which
credited and shall be available for the same purposes,
and subject to the same conditions and limitations, as
the appropriation with which merged.
``(d) Inapplicability of Certain Contracting Requirements.--
Sections 2461, 2467, and 2468 of this title shall not apply to the
conveyance of a utility system under subsection (a).
``(e) Notice and Wait Requirement.--The Secretary concerned may not
make a conveyance under subsection (a) until--
``(1) the Secretary submits to the Committees on Armed
Services and Appropriations of the Senate and the Committees on
National Security and Appropriations of the House of
Representatives an economic analysis (based upon accepted life-
cycle costing procedures) demonstrating that--
``(A) the long-term economic benefit of the
conveyance to the United States exceeds the long-term
economic cost of the conveyance to the United States;
and
``(B) the conveyance will reduce the long-term
costs of the United States for utility services
provided by the utility system concerned; and
``(2) a period of 21 days has elapsed after the date on
which the economic analysis is received by the committees.
``(f) Additional Terms and Conditions.--The Secretary concerned may
require such additional terms and conditions in connection with a
conveyance under subsection (a) as such Secretary considers appropriate
to protect the interests of the United States.
``(g) Utility System Defined.--For purposes of this section:
``(1) In general.--The term `utility system' means the
following:
``(A) A system for the generation and supply of
electric power.
``(B) A system for the treatment or supply of
water.
``(C) A system for the collection or treatment of
wastewater.
``(D) A system for the generation and supply of
steam, hot water, and chilled water.
``(E) A system for the supply of natural gas.
``(2) Inclusions.--The term `utility system' includes the
following:
``(A) Equipment, fixtures, structures, and other
improvements utilized in connection with a system
referred to in paragraph (1).
``(B) Easements and rights-of-ways associated with
a system referred to in that paragraph.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2695. Sale of utility systems.''.
SEC. 2803. ADMINISTRATIVE EXPENSES FOR CERTAIN REAL PROPERTY
TRANSACTIONS.
(a) In General.--(1) Chapter 159 of title 10, United States Code,
as amended by section 2802 of this Act, is further amended by adding at
the end the following:
``Sec. 2696. Administrative expenses relating to certain real property
transactions
``(a) Authority To Collect.--Upon entering into a transaction
referred to in subsection (b) with a non-Federal person or entity, the
Secretary of a military department may collect from the person or
entity an amount equal to the administrative expenses incurred by the
Secretary in entering into the transaction.
``(b) Covered Transactions.--Subsection (a) applies to the
following transactions:
``(1) The exchange of real property.
``(2) The grant of an easement over, in, or upon real
property of the United States.
``(3) The lease or license of real property of the United
States.
``(c) Use of Amounts Collected.--Amounts collected under subsection
(a) for administrative expenses shall be credited to the appropriation,
fund, or account from which such expenses were paid. Amounts so
credited shall be merged with funds in such appropriation, fund, or
account and shall be available for the same purposes and subject to the
same limitations as the funds with which merged.''.
(2) The table of sections at the beginning of chapter 159 of such
title, as so amended, is further amended by adding at the end the
following:
``2696. Administrative expenses relating to certain real property
transactions.''.
(b) Conforming Amendment.--Section 2667(d)(4) of such title is
amended by striking out ``to cover the administrative expenses of
leasing for such purposes and''.
SEC. 2804. USE OF FINANCIAL INCENTIVES FOR ENERGY SAVINGS AND WATER
COST SAVINGS.
(a) In General.--Section 2865(b) of title 10, United States Code,
is amended--
(1) in paragraph (1), by striking out ``and financial
incentives described in subsection (d)(2)'';
(2) in paragraph (2)--
(A) by striking out ``section 2866(b)'' in the
matter preceding subparagraph (A) and inserting in lieu
thereof ``section 2866(b)(2)''; and
(B) by striking out ``section 2866(b)'' in
subparagraph (A) and inserting in lieu thereof
``section 2866(b)(2)''; and
(3) by adding at the end the following:
``(3)(A) Financial incentives received from gas or electric
utilities under subsection (d)(2), and from utilities for water demand
or conservation under section 2866(b)(1) of this title, shall be
credited to an appropriation designated by the Secretary of Defense.
Amounts so credited shall be merged with the appropriation to which
credited and shall be available for the same purposes and the same
period as the appropriation with which merged.
``(B) The Secretary shall include in the annual report under
subsection (f) the amounts of financial incentives credited under this
paragraph during the year of the report and the purposes for which such
amounts were utilized in that year.''.
(b) Conforming Amendment.--Section 2866(b) of such title is amended
to read as follows:
``(b) Use of Financial Incentives and Water Cost Savings.--(1)
Financial incentives received under subsection (a)(2) shall be used as
provided in paragraph (3) of section 2865(b) of this title.
``(2) Water cost savings realized under subsection (a)(3) shall be
used as provided in paragraph (2) of that section.''.
SEC. 2805. SCREENING OF REAL PROPERTY TO BE CONVEYED BY THE DEPARTMENT
OF DEFENSE.
(a) Requirement.--(1) Chapter 159 of title 10, United States Code,
as amended by section 2803 of this Act, is further amended by adding at
the end the following:
``Sec. 2697. Screening of certain real property before conveyance
``(a) Requirement.--(1) Notwithstanding any other provision of law
and except as provided in subsection (b), the Secretary concerned may
not convey real property that is authorized or required to be conveyed,
whether for or without consideration, by any provision of law unless
the Administrator of General Services determines that the property is
surplus property to the United States in accordance with the Federal
Property and Administrative Services Act of 1949.
``(2) The Administrator shall complete the screening required for
purposes of paragraph (1) not later than 30 days after the date of
enactment of the provision authorizing or requiring the conveyance of
the real property concerned.
``(3)(A) As part of the screening of real property under this
subsection, the Administrator shall determine the fair market value of
the property, including any improvements thereon.
``(B) In the case of real property determined to be surplus, the
Administrator shall submit to Congress a statement of the fair market
value of the property, including any improvements thereon, not later
than 30 days after the completion of the screening.
``(b) Excepted Authority.--Subsection (a) shall not apply to real
property authorized or required to be disposed of under the following
provisions of law:
``(1) Section 2687 of this title.
``(2) Title II of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C.
2687 note).
``(3) The Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note).
``(4) Any provision of law authorizing the closure or
realignment of a military installation that is enacted after
the date of enactment of the National Defense Authorization Act
for Fiscal Year 1998.
``(5) Title II of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 481 et seq.).
``(c) Limitation on Modification or Waiver.--A provision of law may
not be construed as modifying or superseding the provisions of
subsection (a) unless that provision of law--
``(A) specifically refers to this section; and
``(B) specifically states that such provision of law
modifies or supersedes the provisions of subsection (a).''.
(2) The table of sections at the beginning of such chapter, as so
amended, is further amended by adding at the end the following:
``2697. Screening of certain real property before conveyance.''.
(b) Applicability.--Section 2697 of title 10, United States Code,
as added by subsection (a) of this section, shall apply with respect to
any real property authorized or required to be conveyed under a
provision of law covered by such section that is enacted after December
31, 1996.
Subtitle B--Land Conveyances
SEC. 2811. MODIFICATION OF AUTHORITY FOR DISPOSAL OF CERTAIN REAL
PROPERTY, FORT BELVOIR, VIRGINIA.
(a) Repeal of Authority To Convey.--Section 2821 of the Military
Construction Authorization Act for Fiscal Years 1990 and 1991 (division
B of Public Law 101-189; 103 Stat. 1658), as amended by section 2854 of
the Military Construction Authorization Act for Fiscal Year 1996
(division B of Public Law 104-106; 110 Stat. 568), is repealed.
(b) Treatment as Surplus Property.--(1) Notwithstanding any other
provision of law, the real property described in paragraph (2) shall be
deemed to be surplus property for purposes of section 203 of the
Federal Property and Administrative Services Act of 1949 (40 U.S.C.
484).
(2) Paragraph (1) applies to a parcel of real property, including
improvements thereon, at Fort Belvoir, Virginia, consisting of
approximately 820 acres and known as the Engineer Proving Ground.
SEC. 2812. CORRECTION OF LAND CONVEYANCE AUTHORITY, ARMY RESERVE
CENTER, ANDERSON, SOUTH CAROLINA.
(a) Correction of Conveyee.--Subsection (a) of section 2824 of the
Military Construction Authorization Act for Fiscal Year 1997 (division
B of Public Law 104-201; 110 Stat. 2793) is amended by striking out
``County of Anderson, South Carolina (in this section referred to as
the `County')'' and inserting in lieu thereof ``Board of Education,
Anderson County, South Carolina (in this section referred to as the
`Board')''.
(b) Conforming Amendments.--Subsections (b) and (c) of such section
are each amended by striking out ``County'' and inserting in lieu
thereof ``Board''.
SEC. 2813. LAND CONVEYANCE, HAWTHORNE ARMY AMMUNITION DEPOT, MINERAL
COUNTY, NEVADA.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to Mineral County, Nevada (in this section
referred to as the ``County''), all right, title, and interest of the
United States in and to a parcel of excess real property, including
improvements thereon, consisting of approximately 33.1 acres located at
Hawthorne Army Ammunition Depot, Mineral County, Nevada, and commonly
referred to as the Schweer Drive Housing Area.
(b) Conditions of Conveyance.--The conveyance authorized by
subsection (a) shall be subject to the following conditions:
(1) That the County accept the conveyed property subject to
such easements and rights of way in favor of the United States
as the Secretary considers appropriate.
(2) That the County, if the County sells any portion of the
property conveyed under subsection (a) before the end of the
10-year period beginning on the date of enactment of this Act,
pay to the United States an amount equal to the lesser of--
(A) the amount of sale of the property sold; or
(B) the fair market value of the property sold as
determined without taking into account any improvements
to such property by the County.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a),
and of any easement or right of way granted under subsection (b)(1),
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the County.
(d) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a), and any easement or right of way granted under
subsection (b)(1), as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2814. LONG-TERM LEASE OF PROPERTY, NAPLES, ITALY.
(a) Authority.--The Secretary of the Navy may acquire by long-term
lease structures and real property relating to a regional hospital
complex in Naples, Italy, that the Secretary determines to be necessary
for purposes of the Naples Improvement Initiative.
(b) Lease Term.--Notwithstanding section 2675 of title 10, United
States Code, the lease authorized by subsection (a) shall be for a term
of not more than 20 years.
(c) Expiration of Authority.--The authority of the Secretary to
enter into a lease under subsection (a) shall expire on September 30,
2002.
(d) Authority Contingent on Appropriations Acts.--The Secretary may
exercise the authority under subsection (a) only to the extent and in
the amounts provided in advance in appropriations Acts.
SEC. 2815. LAND CONVEYANCE, TOPSHAM ANNEX, NAVAL AIR STATION,
BRUNSWICK, MAINE.
(a) Conveyance Authorized.--The Secretary of the Navy may convey,
without consideration, to the Maine School Administrative District No.
75, Topsham, Maine (in this section referred to as the ``District''),
all right, title, and interest of the United States in and to a parcel
of real property, including improvements thereon, consisting of
approximately 40 acres located at the Topsham Annex, Naval Air Station,
Brunswick, Maine.
(b) Condition of Conveyance.--The conveyance under subsection (a)
shall be subject to the condition that the District use the property
conveyed for educational purposes.
(c) Reversion.--If the Secretary determines at any time that the
real property conveyed pursuant to this section is not being used for
the purpose specified in subsection (b), all right, title, and interest
in and to the property, including any improvements thereon, shall
revert to the United States, and the United States shall have the right
of immediate entry thereon.
(d) Interim Lease.--(1) Until such time as the real property
described in subsection (a) is conveyed by deed, the Secretary may
lease the property, together with the improvements thereon, to the
District.
(2) As consideration for the lease under this subsection, the
District shall provide such security services for the property covered
by the lease, and carry out such maintenance work with respect to the
property, as the Secretary shall specify in the lease.
(e) Description of Property.--The exact acreage and legal
description of the property conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary. The District
shall bear the cost of the survey.
(f) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a), and the lease, if any, under subsection (d), as
the Secretary considers appropriate to protect the interests of the
United States.
SEC. 2816. LAND CONVEYANCE, NAVAL WEAPONS INDUSTRIAL RESERVE PLANT NO.
464, OYSTER BAY, NEW YORK.
(a) Conveyance Authorized.--(1) The Secretary of the Navy may
convey, without consideration, to the County of Nassau, New York (in
this section referred to as the ``County''), all right, title, and
interest of the United States in and to parcels of real property
consisting of approximately 110 acres and comprising the Naval Weapons
Industrial Reserve Plant No. 464, Oyster Bay, New York.
(2)(A) As part of the conveyance authorized in paragraph (1), the
Secretary may convey to the County such improvements, equipment,
fixtures, and other personal property (including special tooling
equipment and special test equipment) located on the parcels as the
Secretary determines to be not required by the Navy for other purposes.
(B) The Secretary may permit the County to review and inspect the
improvements, equipment, fixtures, and other personal property located
on the parcels for purposes of the conveyance authorized by this
paragraph.
(b) Condition of Conveyance.--The conveyance of the parcels
authorized in subsection (a) shall be subject to the condition that the
County--
(1) use the parcels, directly or through an agreement with
a public or private entity, for economic redevelopment purposes
or such other public purposes as the County determines
appropriate; or
(2) convey the parcels to an appropriate public or private
entity for use for such purposes.
(c) Reversionary Interest.--If during the 5-year period beginning
on the date the Secretary makes the conveyance authorized under
subsection (a) the Secretary determines that the conveyed real property
is not being used for a purpose specified in subsection (b), all right,
title, and interest in and to the property, including any improvements
thereon, shall revert to the United States and the United States shall
have the right of immediate entry onto the property. Any determination
of the Secretary under this subsection shall be made on the record
after an opportunity for a hearing.
(d) Interim Lease.--(1) Until such time as the real property
described in subsection (a) is conveyed by deed, the Secretary may
lease the property, together with improvements thereon, to the County.
(2) As consideration for the lease under this subsection, the
County shall provide such security services and fire protection
services for the property covered by the lease, and carry out such
maintenance work with respect to the property, as the Secretary shall
specify in the lease.
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the County.
(f) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a), and the lease, if any, under subsection (d), as
the Secretary considers appropriate to protect the interests of the
United States.
SEC. 2817. LAND CONVEYANCE, CHARLESTON FAMILY HOUSING COMPLEX, BANGOR,
MAINE.
(a) Conveyance Authorized.--The Secretary of the Air Force may
convey, without consideration, to the City of Bangor, Maine (in this
section referred to as the ``City''), all right, title, and interest of
the United States in and to a parcel of real property consisting of
approximately 19.8 acres, including improvements thereon, located in
Bangor, Maine, and known as the Charleston Family Housing Complex.
(b) Purpose of Conveyance.--The purpose of the conveyance under
subsection (a) is to facilitate the reuse of the real property,
currently unoccupied, which the City proposes to use to provide housing
opportunities for first-time home buyers.
(c) Condition of Conveyance.--The conveyance authorized by
subsection (a) shall be subject to the condition that the City, if the
City sells any portion of the property conveyed under subsection (a)
before the end of the 10-year period beginning on the date of enactment
of this Act, pay to the United States an amount equal to the lesser
of--
(1) the amount of sale of the property sold; or
(2) the fair market value of the property sold as
determined without taking into account any improvements to such
property by the City.
(d) Description of Property.--The exact acreage and legal
description of the real property conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary. The cost of the
survey shall be borne by the City.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2818. LAND CONVEYANCE, ELLSWORTH AIR FORCE BASE, SOUTH DAKOTA.
(a) Conveyance Authorized.--The Secretary of the Air Force may
convey, without consideration, to the Greater Box Elder Area Economic
Development Corporation, Box Elder, South Dakota (in this section
referred to as the ``Corporation''), all right, title, and interest of
the United States in and to the parcels of real property located at
Ellsworth Air Force Base, South Dakota, referred to in subsection (b).
(b) Covered Property.--(1) Subject to paragraph (2), the real
property referred to in subsection (a) is the following:
(A) A parcel of real property, together with any
improvements thereon, consisting of approximately 53.32 acres
and comprising the Skyway Military Family Housing Area.
(B) A parcel of real property, together with any
improvements thereon, consisting of approximately 137.56 acres
and comprising the Renal Heights Military Family Housing Area.
(C) A parcel of real property, together with any
improvements thereon, consisting of approximately 14.92 acres
and comprising the East Nike Military Family Housing Area.
(D) A parcel of real property, together with any
improvements thereon, consisting of approximately 14.69 acres
and comprising the South Nike Military Family Housing Area.
(E) A parcel of real property, together with any
improvements thereon, consisting of approximately 14.85 acres
and comprising the West Nike Military Family Housing Area.
(2) The real property referred to in subsection (a) does not
include the portion of the real property referred to in paragraph
(1)(B) that the Secretary determines to be required for the
construction of an access road between the main gate of Ellsworth Air
Force Base and an interchange on Interstate Route 90 located in the
vicinity of mile marker 67 in South Dakota.
(c) Conditions of Conveyance.--The conveyance of the real property
referred to in subsection (b) shall be subject to the following
conditions:
(1) That the Corporation, and any person or entity to which
the Corporation transfers the property, comply in the use of
the property with the applicable provisions of the Ellsworth
Air Force Base Air Installation Compatible Use Zone Study.
(2) That the Corporation convey a portion of the real
property referred to in paragraph (1)(A) of that subsection,
together with any improvements thereon, consisting of
approximately 20 acres to the Douglas School District, South
Dakota, for use for education purposes.
(d) Reversionary Interest.--If the Secretary determines that any
portion of the real property conveyed under subsection (a) is not being
utilized in accordance with the applicable provision of subsection (c),
all right, title, and interest in and to that portion of the real
property shall revert to the United States, and the United States shall
have the right of immediate entry thereon.
(e) Legal Description.--The exact acreage and legal description of
the property conveyed under subsection (a) shall be determined by a
survey satisfactory to the Secretary. The cost of the survey shall be
borne by the Corporation.
(f) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2819. MODIFICATION OF LAND CONVEYANCE AUTHORITY, ROCKY MOUNTAIN
ARSENAL, COLORADO.
Section 5(c)(1) of the Rocky Mountain Arsenal National Wildlife
Refuge Act of 1992 (Public Law 102-402; 106 Stat. 1966; 16 U.S.C. 668dd
note) is amended by striking out the second sentence and inserting in
lieu thereof the following new sentence: ``The Administrator shall
convey the transferred property to Commerce City, Colorado, upon the
approval of the City, for consideration equal to the fair market value
of the property (as determined jointly by the Administrator and the
City).''.
SEC. 2820. LAND CONVEYANCE, ARMY RESERVE CENTER, GREENSBORO, ALABAMA.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to Hale County, Alabama, all right, title, and
interest of the United States in and to a parcel of real property
consisting of approximately 5.17 acres and located at the Army Reserve
Center, Greensboro, Alabama, that was conveyed by Hale County, Alabama,
to the United States by warranty deed dated September 12, 1988.
(b) Description of Property.--The exact acreage and legal
description of the property conveyed under subsection (a) shall be as
described in the deed referred to in that subsection.
(c) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under this section as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2821. LAND CONVEYANCE, HANCOCK FIELD, SYRACUSE, NEW YORK.
(a) Conveyance Authorized.--(1) The Secretary of the Air Force may
convey, without consideration, to Onondaga County, New York (in this
section referred to as the ``County''), all right, title, and interest
of the United States in and to a parcel of real property, including any
improvements thereon, consisting of approximately 14.9 acres and
located at Hancock Field, Syracuse, New York, the site of facilities no
longer required for use by the 152nd Air Control Group of the New York
Air National Guard.
(2) If at the time of the conveyance authorized by paragraph (1)
the property is under the jurisdiction of the Administrator of General
Services, the Administrator shall make the conveyance.
(b) Condition of Conveyance.--The conveyance authorized by
subsection (a) shall be subject to the condition that the County use
the property conveyed for economic development purposes.
(c) Reversion.--If the Secretary determines at any time that the
property conveyed pursuant to this section is not being used for the
purposes specified in subsection (b), all right, title, and interest in
and to the property, including any improvements thereon, shall revert
to the United States, and the United States shall have the right of
immediate entry thereon.
(d) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall
be determined by a survey satisfactory to the Secretary. The cost of
the survey shall be borne by the County.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2822. LAND CONVEYANCE, HAVRE AIR FORCE STATION, MONTANA, AND HAVRE
TRAINING SITE, MONTANA.
(a) Conveyance Authorized.--(1) The Secretary of the Air Force may
convey, without consideration, to the Bear Paw Development Corporation,
Havre, Montana (in this section referred to as the ``Corporation''),
all, right, title, and interest of the United States in and to the real
property described in paragraph (2).
(2) The authority in paragraph (1) applies to the following real
property:
(A) A parcel of real property, including any improvements
thereon, consisting of approximately 85 acres and comprising
the Havre Air Force Station, Montana.
(B) A parcel of real property, including any improvements
thereon, consisting of approximately 9 acres and comprising the
Havre Training Site, Montana.
(b) Conditions of Conveyance.--The conveyance authorized by
subsection (a) shall be subject to the following conditions:
(1) That the Corporation--
(A) convey to the Box Elder School District 13G,
Montana, 10 single-family homes located on the property
to be conveyed under that subsection as jointly agreed
upon by the Corporation and the school district; and
(B) grant the school district access to the
property for purposes of removing the homes from the
property.
(2) That the Corporation--
(A) convey to the Hays/Lodgepole School District
50, Montana--
(i) 27 single-family homes located on the
property to be conveyed under that subsection
as jointly agreed upon by the Corporation and
the school district;
(ii) one barracks housing unit located on
the property;
(iii) two steel buildings (nos. 7 and 8)
located on the property;
(iv) two tin buildings (nos. 37 and 44)
located on the property; and
(v) miscellaneous personal property located
on the property that is associated with the
buildings conveyed under this subparagraph; and
(B) grant the school district access to the
property for purposes of removing such homes and
buildings, the housing unit, and such personal property
from the property.
(3) That the Corporation--
(A) convey to the District 4 Human Resources
Development Council, Montana, eight single-family homes
located on the property to be conveyed under that
subsection as jointly agreed upon by the Corporation
and the council; and
(B) grant the council access to the property for
purposes of removing such homes from the property.
(4) That any property conveyed under subsection (a) that is
not conveyed under this subsection be used for economic
development purposes or housing purposes.
(c) Reversion.--If the Secretary determines at any time that the
property conveyed pursuant to this section which is covered by the
condition specified in subsection (b)(4) is not being used for the
purposes specified in that subsection, all right, title, and interest
in and to such property, including any improvements thereon, shall
revert to the United States, and the United States shall have the right
of immediate entry thereon.
(d) Description of Property.--The exact acreages and legal
description of the parcels of property conveyed under subsection (a)
shall be determined by surveys satisfactory to the Secretary. The cost
of the surveys shall be borne by the Corporation.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2823. LAND CONVEYANCE, FORT BRAGG, NORTH CAROLINA.
(a) Conveyance Authorized.--Subject to the provisions of this
section and notwithstanding any other law, the Secretary of the Army
shall convey, without consideration, by fee simple absolute deed to
Harnett County, North Carolina, all right, title, and interest of the
United States of America in and to two parcels of land containing a
total of 300 acres, more or less, located at Fort Bragg, North
Carolina, together with any improvements thereon, for educational and
economic development purposes.
(b) Terms and Conditions.--The conveyance by the United States
under this section shall be subject to the following conditions to
protect the interests of the United States, including--
(1) the County shall pay all costs associated with the
conveyance, authorized by this section, including but not
limited to environmental analysis and documentation, survey
costs and recording fees;
(2) notwithstanding the Comprehensive Environmental
Response, Compensation and Liability Act of 1980, as amended
(42 U.S.C. 9601 et seq.) the Solid Waste Disposal Act, as
amended (42 U.S.C. 6901 et seq.) or any other law, the County,
and not the United States, shall be responsible for any
environmental restoration or remediation required on the
property conveyed and the United States shall be forever
released and held harmless from any obligation to conduct such
restoration or remediation and any claims or causes of action
stemming from such remediation.
(c) Legal Description of Real Property and Payment of Costs.--The
exact acreage and legal description of the real property described in
subsection (a) shall be determined by a survey, the costs of which the
County shall bear.
Subtitle C--Other Matters
SEC. 2831. DISPOSITION OF PROCEEDS OF SALE OF AIR FORCE PLANT NO. 78,
BRIGHAM CITY, UTAH.
Notwithstanding the provisions of section 204(h)(2)(A) of the
Federal Property and Administrative Services Act of 1949 (40 U.S.C.
485(h)(2)(A)), the entire amount deposited by the Administrator of
General Services in the account in the Treasury under section 204 of
that Act as a result of the sale of Air Force Plant No. 78, Brigham
City, Utah, shall, to the extent provided in appropriations Acts, be
available to the Secretary of the Air Force for maintenance and repair
of facilities, or environmental restoration, at other industrial plants
of the Air Force.
SEC. 2832. REPORT ON CLOSURE AND REALIGNMENT OF MILITARY BASES.
(a) Report.--The Secretary of Defense shall prepare and submit to
the congressional defense committees a report on the costs and savings
attributable to the base closure rounds before 1996 and on the need, if
any, for additional base closure rounds.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) A statement, using data consistent with budget data, of
the actual costs and savings (in the case of prior fiscal
years) and the estimated costs and savings (in the case of
future fiscal years) attributable to the closure and
realignment of military installations as a result of the base
closure rounds before 1996, set forth by Armed Force, type of
facility, and fiscal year, including--
(A) operation and maintenance costs, including
costs associated with expanded operations and support,
maintenance of property, administrative support, and
allowances for housing at installations to which
functions are transferred as a result of the closure or
realignment of other installations;
(B) military construction costs, including costs
associated with rehabilitating, expanding, and
constructing facilities to receive personnel and
equipment that are transferred to installations as a
result of the closure or realignment of other
installations;
(C) environmental cleanup costs, including costs
associated with assessments and restoration;
(D) economic assistance costs, including--
(i) expenditures on Department of Defense
demonstration projects relating to economic
assistance;
(ii) expenditures by the Office of Economic
Adjustment; and
(iii) to the extent available, expenditures
by the Economic Development Administration, the
Federal Aviation Administration, and the
Department of Labor relating to economic
assistance;
(E) unemployment compensation costs, early
retirement benefits (including benefits paid under
section 5597 of title 5, United States Code), and
worker retraining expenses under the Priority Placement
Program, the Job Training Partnership Act, and any
other Federally-funded job training program;
(F) costs associated with military health care;
(G) savings attributable to changes in military
force structure; and
(H) savings due to lower support costs with respect
to installations that are closed or realigned.
(2) A comparison, set forth by base closure round, of the
actual costs and savings stated under paragraph (1) to the
annual estimates of costs and savings previously submitted to
Congress.
(3) A list of each military installation at which there is
authorized to be employed 300 or more civilian personnel, set
forth by Armed Force.
(4) An estimate of current excess capacity at military
installations, set forth--
(A) as a percentage of the total capacity of the
installations of the Armed Forces with respect to all
installations of the Armed Forces;
(B) as a percentage of the total capacity of the
installations of each Armed Force with respect to the
installations of such Armed Force; and
(C) as a percentage of the total capacity of a type
of installation with respect to installations of such
type.
(5) The types of facilities that would be recommended for
closure or realignment in the event of an additional base
closure round, set forth by Armed Force.
(6) The criteria to be used by the Secretary in evaluating
installations for closure or realignment in such event.
(7) The methodologies to be used by the Secretary in
identifying installations for closure or realignment in such
event.
(8) An estimate of the costs and savings to be achieved as
a result of the closure or realignment of installations in such
event, set forth by Armed Force and by year.
(9) An assessment whether the costs of the closure or
realignment of installations in such event are contained in the
current Future Years Defense Plan, and, if not, whether the
Secretary will recommend modifications in future defense
spending in order to accommodate such costs.
(c) Deadline.--The Secretary shall submit the report under
subsection (a) not later than the date on which the President submits
to Congress the budget for fiscal year 2000 under section 1105(a) of
title 31, United States Code.
(d) Review.--The Congressional Budget Office and the Comptroller
General shall conduct a review of the report prepared under subsection
(a).
(e) Prohibition on Use of Funds.--No funds authorized to be
appropriated or otherwise made available to the Department of Defense
by this Act or any other Act may be used for any activities of the
Defense Base Closure and Realignment Commission established by section
2902(a) of the Defense Base Closure and Realignment Act of 1990 (part A
of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) until the
later of--
(1) the date on which the Secretary submits the report
required by subsection (a); or
(2) the date on which the Congressional Budget Office and
the Comptroller General complete a review of the report under
subsection (d).
(f) Sense of Senate.--It is the sense of the Senate that--
(1) the Secretary should develop a system having the
capacity to quantify the actual costs and savings attributable
to the closure and realignment of military installations
pursuant to the base closure process; and
(2) the Secretary should develop the system in expedient
fashion, so that the system may be used to quantify costs and
savings attributable to the 1995 base closure round.
SEC. 2833. SENSE OF SENATE ON UTILIZATION OF SAVINGS DERIVED FROM BASE
CLOSURE PROCESS.
(a) Findings.--Congress makes the following findings:
(1) Since 1988, the Department of Defense has conducted 4
rounds of closures and realignments of military installations
in the United States, resulting in the closure of 97
installations.
(2) The cost of carrying out the closure or realignment of
installations covered by such rounds is estimated by the
Secretary of Defense to be $23,000,000,000.
(3) The savings expected as a result of the closure or
realignment of such installations are estimated by the
Secretary to be $10,300,000,000 through fiscal year 1996 and
$36,600,000,000 through 2001.
(4) In addition to such savings, the Secretary has
estimated recurring savings as a result of the closure or
realignment of such installations of approximately
$5,600,000,000 annually.
(5) The fiscal year 1997 budget request for the Department
assumes a savings of between $2,000,000,000 and $3,000,000,000
as a result of the closure or realignment of such
installations, which savings were to be dedicated to
modernization of the Armed Forces. The savings assumed in the
budget request were not realized.
(6) The fiscal year 1998 budget request for the Department
assumes a savings of $5,000,000,000 as a result of the closure
or realignment of such installations, which savings are to be
dedicated to modernization of the Armed Forces.
(b) Sense of Senate on Use of Savings Resulting from Base Closure
Process.--It is the sense of the Senate that the savings identified in
the report under section 2832 should be made available to the
Department of Defense solely for purposes of modernization of new
weapon systems (including research, development, test, and evaluation
relating to such modernization) and should be used by the Department
solely for such purposes.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
SEC. 3101. WEAPONS ACTIVITIES.
(a) Stockpile Stewardship.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1998 for
stockpile stewardship in carrying out weapons activities necessary for
national security programs in the amount of $1,726,900,000, to be
allocated as follows:
(1) For core stockpile stewardship, $1,243,100,000, to be
allocated as follows:
(A) For operation and maintenance, $1,144,290,000.
(B) For the accelerated strategic computing
initiative, $190,800,000.
(C) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of
projects authorized in prior years, and land
acquisition related thereto), $98,810,000, to be
allocated as follows:
Project 97-D-102, Dual-Axis Radiographic
Hydrodynamic facility, Los Alamos National
Laboratory, Los Alamos, New Mexico,
$46,300,000.
Project 96-D-102, stockpile stewardship
facilities revitalization, Phase VI, various
locations, $19,810,000.
Project 96-D-103, ATLAS, Los Alamos
National Laboratory, Los Alamos, New Mexico,
$13,400,000.
Project 96-D-105, Contained Firing Facility
addition, Lawrence Livermore National
Laboratory, Livermore, California, $19,300,000.
(2) For inertial confinement fusion, $414,800,000, to be
allocated as follows:
(A) For operation and maintenance, $217,000,000.
(B) For the following plant project (including
maintenance, restoration, planning, construction,
acquisition, modification of facilities, and land
acquisition related thereto):
Project 96-D-111, National Ignition
Facility, Lawrence Livermore National
Laboratory, Livermore, California,
$197,800,000.
(3) For technology transfer and education, $69,000,000.
(b) Stockpile Management.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1998 for
stockpile management in carrying out weapons activities necessary for
national security programs in the amount of $2,033,050,000, to be
allocated as follows:
(1) For operation and maintenance, $1,861,465,000.
(2) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$171,585,000, to be allocated as follows:
Project 98-D-123, stockpile management
restructuring initiative, tritium facility
modernization and consolidation, Savannah River Site,
Aiken, South Carolina, $11,000,000.
Project 98-D-124, stockpile management
restructuring initiative, Y-12 consolidation, Oak
Ridge, Tennessee, $6,450,000.
Project 98-D-125, Tritium Extraction Facility,
Savannah River Site, Aiken, South Carolina, $9,650,000.
Project 98-D-126, accelerator production of
tritium, various locations, $67,865,000.
Project 97-D-122, nuclear materials storage
facility renovation, Los Alamos National Laboratory,
Los Alamos, New Mexico, $9,200,000.
Project 97-D-124, steam plant wastewater treatment
facility upgrade, Y-12 Plant, Oak Ridge, Tennessee,
$1,900,000.
Project 96-D-122, sewage treatment quality upgrade,
Pantex Plant, Amarillo, Texas, $6,900,000.
Project 96-D-123, retrofit heating, ventilation,
and air conditioning and chillers for ozone protection,
Y-12 Plant, Oak Ridge, Tennessee, $2,700,000.
Project 95-D-102, Chemical and Metallurgy Research
Building upgrades project, Los Alamos National
Laboratory, Los Alamos, New Mexico, $15,700,000.
Project 95-D-122, sanitary sewer upgrade, Y-12
Plant, Oak Ridge, Tennessee, $12,600,000.
Project 94-D-124, hydrogen fluoride supply system,
Y-12 Plant, Oak Ridge, Tennessee, $1,400,000.
Project 94-D-125, upgrade life safety, Kansas City
Plant, Kansas City, Missouri, $2,000,000.
Project 93-D-122, life safety upgrades, Y-12 Plant,
Oak Ridge, Tennessee, $2,100,000.
Project 92-D-126, replace emergency notification
systems, various locations, $3,200,000.
Project 88-D-122, facilities capability assurance
program, various locations, $18,920,000.
(c) Program Direction.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1998 for
program direction in carrying out weapons activities necessary for
national security programs in the amount of $268,500,000.
SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT.
(a) Environmental Restoration.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1998 for
environmental restoration in carrying out environmental restoration and
waste management activities necessary for national security programs in
the amount of $1,741,373,000.
(b) Waste Management.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1998 for waste
management in carrying out environmental restoration and waste
management activities necessary for national security programs in the
amount of $1,559,644,000, to be allocated as follows:
(1) For operation and maintenance, $1,478,876,000.
(2) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$80,768,000, to be allocated as follows:
Project 98-D-401, H-tank farm storm water systems
upgrade, Savannah River Site, Aiken, South Carolina,
$1,000,000.
Project 97-D-402, tank farm restoration and safe
operations, Richland, Washington, $13,961,000.
Project 96-D-408, waste management upgrades,
various locations, $8,200,000.
Project 95-D-402, install permanent electrical
service, Waste Isolation Pilot Plant, Carlsbad, New
Mexico, $176,000.
Project 95-D-405, industrial landfill V and
construction/demolition landfill VII, Y-12 Plant, Oak
Ridge, Tennessee, $3,800,000.
Project 95-D-407, 219-S secondary containment
upgrade, Richland, Washington, $2,500,000.
Project 94-D-404, Melton Valley storage tank
capacity increase, Oak Ridge National Laboratory, Oak
Ridge, Tennessee, $1,219,000.
Project 94-D-407, initial tank retrieval systems,
Richland, Washington, $15,100,000.
Project 93-D-187, high-level waste removal from
filled waste tanks, Savannah River Site, Aiken, South
Carolina, $17,520,000.
Project 92-D-172, hazardous waste treatment and
processing facility, Pantex Plant, Amarillo, Texas,
$5,000,000.
Project 89-D-174, replacement high-level waste
evaporator, Savannah River Site, Aiken, South Carolina,
$1,042,000.
Project 86-D-103, decontamination and waste
treatment facility, Lawrence Livermore National
Laboratory, Livermore, California, $11,250,000.
(c) Technology Development.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1998 for
technology development in carrying out environmental restoration and
waste management activities necessary for national security programs in
the amount of $237,881,000.
(d) Nuclear Material and Facility Stabilization.--Funds are hereby
authorized to be appropriated to the Department of Energy for fiscal
year 1998 for nuclear material and facility stabilization in carrying
out environmental restoration and waste management activities necessary
for national security programs in the amount of $1,266,021,000, to be
allocated as follows:
(1) For operation and maintenance, $1,181,114,000.
(2) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$84,907,000, to be allocated as follows:
Project 98-D-453, plutonium stabilization and
handling system for plutonium finishing plant,
Richland, Washington, $8,136,000.
Project 98-D-700, road rehabilitation, Idaho
National Engineering and Environmental Laboratory,
Idaho, $500,000.
Project 97-D-450, actinide packaging and storage
facility, Savannah River Site, Aiken, South Carolina,
$18,000,000.
Project 97-D-451, B-Plant safety class ventilation
upgrades, Richland, Washington, $2,000,000.
Project 97-D-470, environmental monitoring
laboratory, Savannah River Site, Aiken, South Carolina,
$5,600,000.
Project 97-D-473, health physics site support
facility, Savannah River Site, Aiken, South Carolina,
$4,200,000.
Project 96-D-406, spent nuclear fuels canister
storage and stabilization facility, Richland,
Washington, $16,744,000.
Project 96-D-461, electrical distribution upgrade,
Idaho National Engineering and Environmental
Laboratory, Idaho, $2,927,000.
Project 96-D-464, electrical and utility systems
upgrade, Idaho Chemical Processing Plant, Idaho
National Engineering and Environmental Laboratory,
Idaho, $14,985,000.
Project 96-D-471, chlorofluorocarbon heating,
ventilation, and air conditioning and chiller retrofit,
Savannah River Site, Aiken, South Carolina, $8,500,000.
Project 95-D-155, upgrade site road infrastructure,
Savannah River Site, Aiken, South Carolina, $2,713,000.
Project 95-D-456, security facilities
consolidation, Idaho Chemical Processing Plant, Idaho
National Engineering and Environmental Laboratory,
Idaho, $602,000.
(e) Policy and Management.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1998 for
policy and management in carrying out environmental restoration and
waste management activities necessary for national security programs in
the amount of $18,104,000.
(f) Environmental Management Science Program.--Funds are hereby
authorized to be appropriated to the Department of Energy for fiscal
year 1998 for environmental science and risk policy in carrying out
environmental restoration and waste management activities necessary for
national security programs in the amount of $40,000,000.
(g) Program Direction.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1998 for
program direction in carrying out environmental restoration and waste
management activities necessary for national security programs in the
amount of $373,251,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 1998 for other defense activities in carrying
out programs necessary for national security in the amount of
$1,582,981,000, to be allocated as follows:
(1) For verification and control technology, $458,200,000,
to be allocated as follows:
(A) For nonproliferation and verification research
and development, $210,000,000.
(B) For arms control, $214,600,000.
(C) For intelligence, $33,600,000.
(2) For nuclear safeguards and security, $47,200,000.
(3) For security investigations, $20,000,000.
(4) For emergency management, $27,700,000.
(5) For program direction, nonproliferation, and national
security, $84,900,000.
(6) For environment, safety and health, defense,
$54,000,000.
(7) For worker and community transition assistance:
(A) For assistance, $65,800,000.
(B) For program direction, $4,700,000.
(8) For fissile materials disposition:
(A) For operation and maintenance, $99,451,000.
(B) For program direction, $4,345,000.
(9) For naval reactors development, $683,000,000, to be
allocated as follows:
(A) For program direction, $20,080,000.
(B) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of
projects authorized in prior years, and land
acquisition related thereto), $14,000,000, to be
allocated as follows:
Project 98-D-200, site laboratory/facility
upgrade, various locations, $5,700,000.
Project 97-D-201, advanced test reactor
secondary coolant system refurbishment, Idaho
National Engineering and Environmental
Laboratory, Idaho, $4,100,000.
Project 95-D-200, laboratory systems and
hot cell upgrades, various locations,
$1,100,000.
Project 90-N-102, expended core facility
dry cell project, Naval Reactors Facility,
Idaho, $3,100,000.
(10) For the Chernobyl shutdown initiative, $2,000,000.
(11) For nuclear technology research and development,
$25,000,000.
(12) For nuclear security, $4,000,000.
(13) For the Office of Hearings and Appeals, $2,685,000.
SEC. 3104. DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 1998 to carry out environmental management
privatization projects in connection with national security programs in
the amount of $274,700,000, to be allocated as follows:
Project 98-PVT-1, contact handled transuranic waste
transportation, Carlsbad, New Mexico, $21,000,000.
Project 98-PVT-4, spent nuclear fuel dry storage, Idaho
Falls, Idaho, $27,000,000.
Project 98-PVT-7, waste pits remedial action, Fernald,
Ohio, $25,000,000.
Project 98-PVT-11, spent nuclear fuel transfer and storage,
Savannah River, South Carolina, $25,000,000.
Project 98-PVT-__, waste disposal, Oak Ridge, Tennessee,
$5,000,000.
Project 98-PVT-__, Ohio silo 3 waste treatment, Fernald,
Ohio, $6,700,000.
Project 97-PVT-1, tank waste remediation system phase 1,
Hanford, Washington, $157,000,000.
SEC. 3105. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 1998 for payment to the Nuclear Waste Fund
established in section 302(c) of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10222(c)) in the amount of $190,000,000.
Subtitle B--Recurring General Provisions
SEC. 3121. REPROGRAMMING.
(a) In General.--Until the Secretary of Energy submits to the
congressional defense committees the report referred to in subsection
(b) and a period of 30 days has elapsed after the date on which such
committees receive the report, the Secretary may not use amounts
appropriated pursuant to this title for any program--
(1) in amounts that exceed, in a fiscal year--
(A) 110 percent of the amount authorized for that
program by this title; or
(B) $1,000,000 more than the amount authorized for
that program by this title; or
(2) which has not been presented to, or requested of,
Congress.
(b) Report.--(1) The report referred to in subsection (a) is a
report containing a full and complete statement of the action proposed
to be taken and the facts and circumstances relied upon in support of
such proposed action.
(2) In the computation of the 30-day period under subsection (a),
there shall be excluded any day on which either House of Congress is
not in session because of an adjournment of more than 3 days to a day
certain.
(c) Limitations.--(1) In no event may the total amount of funds
obligated pursuant to this title exceed the total amount authorized to
be appropriated by this title.
(2) Funds appropriated pursuant to this title may not be used for
an item for which Congress has specifically denied funds.
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.
(a) In General.--The Secretary of Energy may carry out any
construction project under the general plant projects authorized by
this title if the total estimated cost of the construction project does
not exceed $5,000,000.
(b) Report to Congress.--If, at any time during the construction of
any general plant project authorized by this title, the estimated cost
of the project is revised because of unforeseen cost variations and the
revised cost of the project exceeds $5,000,000, the Secretary shall
immediately furnish a complete report to the congressional defense
committees explaining the reasons for the cost variation.
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.
(a) In General.--(1) Except as provided in paragraph (2),
construction on a construction project may not be started or additional
obligations incurred in connection with the project above the total
estimated cost, whenever the current estimated cost of the construction
project, which is authorized by sections 3101, 3102, or 3103, or which
is in support of national security programs of the Department of Energy
and was authorized by any previous Act, exceeds by more than 25 percent
the higher of--
(A) the amount authorized for the project; or
(B) the amount of the total estimated cost for the project
as shown in the most recent budget justification data submitted
to Congress.
(2) An action described in paragraph (1) may be taken if--
(A) the Secretary of Energy has submitted to the
congressional defense committees a report on the actions and
the circumstances making such action necessary; and
(B) a period of 30 days has elapsed after the date on which
the report is received by the committees.
(3) In the computation of the 30-day period under paragraph (2),
there shall be excluded any day on which either House of Congress is
not in session because of an adjournment of more than 3 days to a day
certain.
(b) Exception.--Subsection (a) shall not apply to any construction
project which has a current estimated cost of less than $5,000,000.
SEC. 3124. FUND TRANSFER AUTHORITY.
(a) Transfer to Other Federal Agencies.--The Secretary of Energy
may transfer funds authorized to be appropriated to the Department of
Energy pursuant to this title to other Federal agencies for the
performance of work for which the funds were authorized. Funds so
transferred may be merged with and be available for the same purposes
and for the same time period as the authorizations of the Federal
agency to which the amounts are transferred.
(b) Transfer Within Department of Energy; Limitations.--(1) Subject
to paragraph (2), the Secretary of Energy may transfer funds authorized
to be appropriated to the Department of Energy pursuant to this title
between any such authorizations. Amounts of authorizations so
transferred may be merged with and be available for the same purposes
and for the same time period as the authorization to which the amounts
are transferred.
(2) Not more than five percent of any such authorization may be
transferred between authorizations under paragraph (1). No such
authorization may be increased or decreased by more than five percent
by a transfer under such paragraph.
(3) The authority provided by this subsection to transfer
authorizations may only be used to provide funds for items relating to
activities necessary for national security programs that have a higher
priority than the items from which the funds are transferred.
(c) Notice to Congress.--The Secretary of Energy shall promptly
notify the Committee on Armed Services of the Senate and the Committee
on National Security of the House of Representatives of any transfer of
funds to or from authorizations under this title.
SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION DESIGN.
(a) Requirement of Conceptual Design.--(1) Subject to paragraph (2)
and except as provided in paragraph (3), before submitting to Congress
a request for funds for a construction project that is in support of a
national security program of the Department of Energy, the Secretary of
Energy shall complete a conceptual design report for that project.
(2) If the estimated cost of completing a conceptual design for a
construction project exceeds $3,000,000, the Secretary shall submit to
Congress a request for funds for the conceptual design before
submitting a request for funds for the construction project.
(3) The requirement in paragraph (1) does not apply to a request
for funds--
(A) for a construction project the total estimated cost of
which is less than $5,000,000; or
(B) for emergency planning, design, and construction
activities under section 3126.
(b) Authority for Construction Design.--(1) Within the amounts
authorized by the title, the Secretary of Energy may carry out
construction design (including architectural and engineering services)
in connection with any proposed construction project if the total
estimated cost for such design does not exceed $600,000.
(2) If the total estimated cost for construction design in
connection with any construction project exceeds $600,000, funds for
such design must be specifically authorized by law.
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND CONSTRUCTION
ACTIVITIES.
(a) Authority.--The Secretary of Energy may use any funds available
to the Department of Energy, pursuant to an authorization in this
title, including those funds authorized to be appropriated for advance
planning and construction design under sections 3101, 3102, or 3103, to
perform planning, design, and construction activities for any
Department of Energy national security program construction project
that, as determined by the Secretary, must proceed expeditiously in
order to protect public health and safety, to meet the needs of
national defense, or to protect property.
(b) Limitation.--The Secretary may not exercise the authority under
subsection (a) in the case of any construction project until the
Secretary has submitted to the congressional defense committees a
report on the activities that the Secretary intends to carry out under
this section and the circumstances making such activities necessary.
(c) Specific Authority.--The requirement of section 3125(b)(2) does
not apply to emergency planning, design, and construction activities
conducted under this section.
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS OF THE
DEPARTMENT OF ENERGY.
Subject to the provisions of appropriation Acts and section 3121,
amounts appropriated pursuant to this title for management and support
activities and for general plant projects are available for use, when
necessary, in connection with all national security programs of the
Department of Energy.
SEC. 3128. AVAILABILITY OF FUNDS.
When so specified in an appropriation Act, amounts appropriated for
operation and maintenance or for plant projects may remain available
until expended.
Subtitle C--Program Authorizations, Restrictions, and Limitations
SEC. 3131. DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION PROJECTS.
(a) Limitation on Contracts.--Funds authorized to be appropriated
by section 3104 for a project referred to in that section are available
for a contract under the project only if the contract--
(1) is awarded on a competitive basis;
(2) requires the contractor to construct or acquire any
equipment or facilities required to carry out the contract
before the commencement of the provision of goods or services
under the contract;
(3) requires the contractor to bear any of the costs of the
design, construction, acquisition, and operation of such
equipment or facilities that arise before the commencement of
the provision of goods or services under the contract; and
(4) provides for payment to the contractor under the
contract only upon the meeting of performance objectives
specified in the contract.
(b) Notice and Wait.--The Secretary of Energy may not enter into a
contract or option to enter into a contract, or otherwise incur any
contractual obligation, under a project authorized by section 3104
until 30 days after the date which the Secretary submits to the
congressional defense committees a report with respect to the contract.
The report shall set forth--
(1) the anticipated costs and fees of the Department under
the contract, including the anticipated maximum amount of such
costs and fees;
(2) any performance objectives specified in the contract;
(3) the anticipated dates of commencement and completion of
the provision of goods or services under the contract;
(4) the allocation between the Department and the
contractor of any financial, regulatory, or environmental
obligations under the contract;
(5) any activities planned or anticipated to be required
with respect to the project after completion of the contract;
(6) the site services or other support to be provided the
contractor by the Department under the contract;
(7) the goods or services to be provided by the Department
or contractor under the contract, including any additional
obligations to be borne by the Department or contractor with
respect to such goods or services;
(8) the schedule for the contract;
(9) the costs the Department would otherwise have incurred
in obtaining the goods or services covered by the contract if
the Department had not proposed to obtain the goods or services
under this section;
(10) an estimate and justification of the cost savings, if
any, to be realized through the contract, including the
assumptions underlying the estimate;
(11) the effect of the contract on any ancillary schedules
applicable to the facility concerned, including milestones in
site compliance agreements; and
(12) the plans for maintaining financial and programmatic
accountability for activities under the contract.
(c) Cost Variations.--(1) The Secretary may not enter into a
contract under a project referred to in paragraph (2), or incur
additional obligations attributable to the capital portion of the cost
of such a contract, whenever the current estimated cost of the project
exceeds the amount of the estimated cost of the project as shown in the
most recent budget justification data submitted to Congress.
(2) Paragraph (1) applies to an environmental management
privatization project that is--
(A) authorized by section 3104; or
(B) carried out under section 3103 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110
Stat. 2824).
(d) Use of Funds for Termination of Contract.--Not less than 15
days before the Secretary obligates funds available for a project
authorized by section 3104 to terminate the contract or contracts under
the project, the Secretary shall notify the congressional defense
committees of the Secretary's intent to obligate the funds for that
purpose.
(e) Annual Report on Contracts.--Not later than February 28 of each
year, the Secretary shall submit to the congressional defense
committees a report on the activities, if any, carried out under each
contract under a project authorized by section 3104 during the
preceding year. The report shall include an update with respect to each
such contract of the matters specified under subsection (b)(1) as of
the date of the report.
(f) Report on Contracting Without Sufficient Appropriations.--Not
later than 90 days after the date of enactment of this Act, the
Secretary shall submit to the congressional defense committees a report
assessing whether, and under what circumstances, the Secretary could
enter into contracts under defense environmental management
privatization projects in the absence of sufficient appropriations to
meet obligations under such contracts without thereby violating the
provisions of section 1341 of title 31, United States Code.
SEC. 3132. INTERNATIONAL COOPERATIVE STOCKPILE STEWARDSHIP PROGRAMS.
(a) Funding Prohibition.--No funds authorized to be appropriated or
otherwise available to the Department of Energy for fiscal year 1998
may be obligated or expended to conduct any activities associated with
international cooperative stockpile stewardship.
(b) Exceptions.--Subsection (a) does not apply to the following:
(1) Activities conducted between the United States and the
United Kingdom.
(2) Activities conducted between the United States and
France.
(3) Activities carried out under title III of this Act
relating to cooperative threat reduction with states of the
former Soviet Union.
SEC. 3133. MODERNIZATION OF ENDURING NUCLEAR WEAPONS COMPLEX.
(a) Funding.--Subject to subsection (b), of the funds authorized to
be appropriated to the Department of Energy pursuant to section 3101,
$15,000,000 shall be available for carrying out the program described
in section 3137(a) of the National Defense Authorization Act for Fiscal
Year 1996 (42 U.S.C. 2121 note).
(b) Limitation on Availability.--None of the funds available under
subsection (a) for carrying out the program referred to in that
subsection may be obligated or expended until 30 days after the date of
the receipt by Congress of the report required under subsection (c).
(c) Report on Allocation of Funds.--Not later than 30 days after
the date of enactment of this Act, the Secretary of Energy shall submit
to the congressional defense committees a report setting forth the
proposed allocation among specific Department of Energy sites of the
funds available under subsection (a).
SEC. 3134. TRITIUM PRODUCTION.
(a) Funding.--Subject to subsection (c), of the funds authorized to
be appropriated to the Department of Energy pursuant to section 3101,
$262,000,000 shall be available for activities related to tritium
production.
(b) Acceleration of Tritium Production.--(1) Not later than June
30, 1998, the Secretary of Energy shall make a final decision on the
technologies to be utilized, and the accelerated schedule to be
adopted, for tritium production in order to meet the requirements in
the Nuclear Weapons Stockpile Memorandum relating to tritium
production, including the tritium production date of 2005 specified in
the Nuclear Weapons Stockpile Memorandum.
(2) In making the final decision, the Secretary shall take into
account the following:
(A) The requirements for tritium production specified in
the Nuclear Weapons Stockpile Memorandum, including, in
particular, the requirements for the so-called ``upload hedge''
component of the nuclear weapons stockpile.
(B) The ongoing activities of the Department of Energy
relating to the evaluation and demonstration of technologies
under the accelerator program and the commercial light water
reactor program.
(C) The potential liabilities and benefits of each
potential technology for tritium production, including--
(i) regulatory and other barriers that might
prevent the production of tritium using the technology
by the production date referred to in subsection (a);
(ii) potential difficulties, if any, in licensing
the technology;
(iii) the variability, if any, in tritium
production rates using the technology; and
(iv) any other benefits (including scientific or
research benefits or the generation of revenue)
associated with the technology.
(c) Report.--If the Secretary determines that it is not possible to
make the final decision by the date specified in subsection (b), the
Secretary shall submit to the congressional defense committees on that
date a report that explains in detail why the final decision cannot be
made by that date.
(d) Limitation on Availability of Funds.--The Secretary may not
obligate or expend any funds authorized to be appropriated or otherwise
made available for the Department of Energy by this Act for the purpose
of evaluating or utilizing any technology for the production of tritium
other than a commercial light water reactor or an accelerator until the
later of--
(1) July 30, 1998; or
(2) the date that is 30 days after the date on which the
Secretary makes a final decision under subsection (b).
SEC. 3135. PROCESSING, TREATMENT, AND DISPOSITION OF SPENT NUCLEAR FUEL
RODS AND OTHER LEGACY NUCLEAR MATERIALS AT THE SAVANNAH
RIVER SITE.
(a) Funding.--Of the funds authorized to be appropriated pursuant
to section 3102(d), not more than $47,000,000 shall be available for
the implementation of a program to accelerate the receipt, processing
(including the H-canyon restart operations), reprocessing, separation,
reduction, deactivation, stabilization, isolation, and interim storage
of high level nuclear waste associated with Department of Energy spent
fuel rods, foreign spent fuel rods, and other nuclear materials that
are located at the Savannah River Site.
(b) Requirement for Continuing Operations at Savannah River Site.--
The Secretary of Energy shall continue operations and maintain a high
state of readiness at the F-canyon and H-canyon facilities at the
Savannah River Site and shall provide technical staff necessary to
operate and maintain such facilities at that state of readiness.
SEC. 3136. LIMITATIONS ON USE OF FUNDS FOR LABORATORY DIRECTED RESEARCH
AND DEVELOPMENT PURPOSES.
(a) General Limitations.--(1) No funds authorized to be
appropriated or otherwise made available to the Department of Energy in
any fiscal year after fiscal year 1997 for weapons activities may be
obligated or expended for activities under the Department of Energy
Laboratory Directed Research and Development Program, or under any
Department of Energy technology transfer program or cooperative
research and development agreement, unless such activities under such
program or agreement support the national security mission of the
Department of Energy.
(2) No funds authorized to be appropriated or otherwise made
available to the Department of Energy in any fiscal year after fiscal
year 1997 for environmental restoration, waste management, or nuclear
materials and facilities stabilization may be obligated or expended for
activities under the Department of Energy Laboratory Directed Research
and Development Program, or under any Department of Energy technology
transfer program or cooperative research and development agreement,
unless such activities support the environmental restoration mission,
waste management mission, or materials stabilization mission, as the
case may be, of the Department of Energy.
(b) Limitation in Fiscal Year 1998 Pending Submittal of Annual
Report.--Not more than 30 percent of the funds authorized to be
appropriated or otherwise made available to the Department of Energy in
fiscal year 1998 for laboratory directed research and development may
be obligated or expended for such research and development until the
Secretary of Energy submits to the congressional defense committees the
report required by section 3136(b) of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat.
2831; 42 U.S.C. 7257b) in 1998.
(c) Submittal Date for Annual Report on Laboratory Directed
Research and Development Program.--Section 3136(b)(1) of the National
Defense Authorization Act for Fiscal Year 1997 (42 U.S.C. 7257b(1)) is
amended by striking out ``The Secretary of Energy shall annually
submit'' and inserting in lieu thereof ``Not later than February 1 each
year, the Secretary of Energy shall submit''.
(d) Assessment of Funding Level for Laboratory Directed Research
and Development.--The Secretary shall include in the report submitted
under such section 3136(b)(1) in 1998 an assessment of the funding
required to carry out laboratory directed research and development,
including a recommendation for the percentage of the funds provided to
Government-owned, contractor-operated laboratories for national
security activities that should be made available for such research and
development under section 3132(c) of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1832; 42 U.S.C.
7257a(c)).
(e) Definition.--In this section, the term ``laboratory directed
research and development'' has the meaning given that term in section
3132(d) of the National Defense Authorization Act for Fiscal Year 1991
(42 U.S.C. 7257a(d)).
SEC. 3137. PERMANENT AUTHORITY FOR TRANSFERS OF DEFENSE ENVIRONMENTAL
MANAGEMENT FUNDS.
(a) Permanent Authority.--Section 3139 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat.
2832) is amended--
(1) by striking out subsection (g); and
(2) by redesignating subsection (h) as subsection (g).
(b) Exemption from Reprogramming Requirements.--Subsection (c) of
that section is amended by striking out ``The requirements of section
3121'' and inserting in lieu thereof ``No recurring limitation on
reprogramming of Department of Energy funds contained in an annual
authorization Act for national defense''.
(c) Definitions.--Subsection (f)(1) of that section is amended by
striking out ``any of the following:'' and all that follows and
inserting in lieu thereof ``any program or project of the Department of
Energy relating to environmental restoration and waste management
activities necessary for national security programs of the
Department.''.
(d) Report.--Subsection (g) of that section, as redesignated by
subsection (a)(2), is amended--
(1) by striking out ``September 1, 1997,'' and inserting in
lieu thereof ``November 1 each year'';
(2) by inserting ``during the preceding fiscal year'' after
``in subsection (b)''; and
(3) by striking out the second sentence.
(e) Conforming Amendment.--The section heading of that section is
amended by striking out ``temporary authority relating to'' and
inserting in lieu thereof ``authority for''.
SEC. 3138. REPORT ON REMEDIATION UNDER THE FORMERLY UTILIZED SITES
REMEDIAL ACTION PROGRAM.
Not later than March 1, 1998, the Secretary of Energy shall submit
to Congress a report containing the following information regarding the
Formerly Utilized Sites Remedial Action Program:
(1) How many Formerly Utilized Sites remain to be
remediated, what portions of these remaining sites have
completed remediation (including any offsite contamination),
what portions of the sites remain to be remediated (including
any offsite contamination), what types of contaminants are
present at each site, and what are the projected timeframes for
completing remediation at each site?
(2) What is the cost of the remaining response actions
necessary to address actual or threatened releases of hazardous
substances at each Formerly Utilized Site, including any
contamination that is present beyond the perimeter of the
facilities?
(3) For each site, how much it will cost to remediate the
radioactive contamination, and how much will it cost to
remediate the non-radioactive contamination?
(4) How many sites potentially involve private parties that
could be held responsible for remediation costs, including
remediation costs related to offsite contamination?
(5) What type of agreements under the Formerly Utilized
Sites Remedial Action Program have been entered into with
private parties to resolve the level of liability for
remediation costs at these facilities, and to what extent have
these agreements been tied to a distinction between radioactive
and non-radioactive contamination present at these sites?
(6) What efforts have been undertaken by the Department to
ensure that the settlement agreements entered into with private
parties to resolve liability for remediation costs at these
facilities have been consistent on a program wide basis?
SEC. 3139. TRITIUM PRODUCTION IN COMMERCIAL FACILITIES.
Section 91 of the Atomic Energy Act of 1954 (42 U.S.C. 2121) is
amended by adding at the end the following:
``(d) The Secretary may--
``(A) demonstrate the feasibility of, and
``(B)(i) acquire facilities by lease or purchase, or
``(ii) enter into an agreement with an owner or operator of
a facility, for
the production of tritium for defense-related uses in a facility
licensed under section 103 of this Act.''.
SEC. 3140. PILOT PROGRAM RELATING TO USE OF PROCEEDS OF DISPOSAL OR
UTILIZATION OF CERTAIN DEPARTMENT OF ENERGY ASSETS.
(a) Purpose.--The purpose of this section is encourage the
Secretary of Energy to dispose of or otherwise utilize certain assets
of the Department of Energy by making available to the Secretary the
proceeds of such disposal or utilization for purposes of activities
funded by the defense Environmental Restoration and Waste Management
account.
(b) Crediting of Proceeds.--(1) Notwithstanding section 3302 of
title 31, United States Code, the Secretary may retain from the
proceeds of the sale, lease, or disposal of an asset under subsection
(c) an amount equal to the cost of the sale, lease, or disposal of the
asset. The Secretary shall utilize amounts retained under this
paragraph to defray the cost of the sale, lease, or disposal.
(2) For purposes of paragraph (1), the cost of a sale, lease, or
disposal shall include--
(A) the cost of administering the sale, lease, or disposal;
(B) the cost of recovering or preparing the asset concerned
for the sale, lease, or disposal; and
(C) any other cost associated with the sale, lease, or
disposal.
(3) If after amounts from proceeds are retained under paragraph (1)
a balance of the proceeds remains, the Secretary shall--
(A) credit to the defense Environmental Restoration and
Waste Management account an amount equal to 50 percent of the
balance of the proceeds; and
(B) cover over into the Treasury as miscellaneous receipts
an amount equal to 50 percent of the balance of the proceeds.
(c) Covered Transactions.--Subsection (b) applies to the following
transactions:
(1) The sale of heavy water at the Savannah River Site,
South Carolina.
(2) The sale of precious metals under the jurisdiction of
the Environmental Management Program.
(3) The lease of buildings and other facilities located at
the Hanford Reservation, Washington and under the jurisdiction
of the Environmental Management Program.
(4) The lease of buildings and other facilities located at
the Savannah River Site and under the jurisdiction of the
Environmental Management Program.
(5) The disposal of equipment and other personal property
located at the Rocky Flats Environmental Technology Site,
Colorado and under the jurisdiction of the Environmental
Management Program.
(6) The disposal of materials at the National Electronics
Recycling Center, Oak Ridge, Tennessee and under the
jurisdiction of the Environmental Management Program.
(d) Availability of Amounts.--To the extent provided in advance in
appropriations Acts, the Secretary may use amounts credited to the
defense Environmental Restoration and Waste Management account under
subsection (b)(3)(A) for any purposes for which funds in that account
are available.
(e) Applicability of Disposal Authority.--Nothing in this section
shall be construed to limit the application of sections 202 and 203(j)
of the Federal Property and Administrative Services Act of 1949 (40
U.S.C. 483 and 484(j)) to the disposal of equipment and other personal
property covered by this section.
(f) Annual Report.--Not later than January 31 each year, the
Secretary shall submit to the congressional defense committees a report
on the amounts credited by the Secretary under subsection (b)(3)(A)
during the preceding fiscal year.
Subtitle D--Other Matters
SEC. 3151. ADMINISTRATION OF CERTAIN DEPARTMENT OF ENERGY ACTIVITIES.
(a) Procedures for Prescribing Regulations.--Section 501 of the
Department of Energy Organization Act (42 U.S.C. 7191) is amended--
(1) by striking out subsections (b) and (d);
(2) by redesignating subsections (c), (e), (f), and (g) as
subsections (b), (c), (d), and (e), respectively; and
(3) in subsection (c), as so redesignated, by striking out
``subsections (b), (c), and (d)'' and inserting in lieu thereof
``subsection (b)''.
(b) Advisory Committees.--(1) Section 624 of the Department of
Energy Organization Act (42 U.S.C. 7234) is amended--
(A) by striking out ``(a)''; and
(B) by striking out subsection (b).
(2) Section 17 of the Federal Energy Administration Act of 1974 (15
U.S.C. 776) is repealed.
SEC. 3152. MODIFICATION AND EXTENSION OF AUTHORITY RELATING TO
APPOINTMENT OF CERTAIN SCIENTIFIC, ENGINEERING, AND
TECHNICAL PERSONNEL.
(a) Repeal of Requirement for EPA Study.--Section 3161 of the
National Defense Authorization Act for Fiscal Year 1995 (Public Law
103-337; 108 Stat. 3095; 42 U.S.C. 7231 note) is amended--
(1) by striking out subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
(b) Extension of Authority.--Paragraph (1) of subsection (c) of
such section, as so redesignated, is amended by striking out
``September 30, 1997'' and inserting in lieu thereof ``September 30,
1999''.
SEC. 3153. ANNUAL REPORT ON PLAN AND PROGRAM FOR STEWARDSHIP,
MANAGEMENT, AND CERTIFICATION OF WARHEADS IN THE NUCLEAR
WEAPONS STOCKPILE.
(a) In General.--(1) Not later than March 15, 1998, the Secretary
of Energy shall submit to the congressional defense committees a plan
and program for maintaining the warheads in the nuclear weapons
stockpile (including stockpile stewardship, stockpile management, and
program direction).
(2) Not later than March 15 of each year after 1998, the Secretary
shall submit to the congressional defense committees an update of the
plan and program submitted under paragraph (1) current as of the date
of submittal of the updated plan and program.
(3) The plan and program, and each update of the plan and program,
shall be consistent with the programmatic and technical requirements of
the Nuclear Weapons Stockpile Memorandum current as of the date of
submittal of the plan and program or update.
(b) Elements.--The plan and program, and each update of the plan
and program, shall set forth the following:
(1) The numbers of warheads (including active and inactive
warheads) for each type of warhead in the nuclear stockpile.
(2) The current age of each warhead type and any plans for
stockpile life extensions and modifications or replacement of
each warhead type.
(3) The process by which the Secretary is assessing the
lifetime and requirements for life extension or replacement of
the nuclear and non-nuclear components of the warheads
(including active and inactive warheads) in the nuclear
stockpile.
(4) The process used in recertifying the safety,
reliability, and performance of each warhead type (including
active and inactive warheads) in the nuclear weapons stockpile.
(5) Any concerns which would affect the recertification of
the safety, security, or reliability of warheads (including
active and inactive warheads) in the nuclear stockpile.
(c) Form.--The Secretary shall submit the plan and program, and
each update of the plan and program, in unclassified form, but may
include a classified annex.
SEC. 3154. SUBMITTAL OF BIENNIAL WASTE MANAGEMENT REPORTS.
Section 3153(b)(2)(B) of the National Defense Authorization Act for
Fiscal Year 1994 (42 U.S.C. 7274k(b)(2)(B)) is amended by striking out
``odd-numbered year after 1995'' and inserting in lieu thereof ``odd-
numbered year after 1997''.
SEC. 3155. REPEAL OF OBSOLETE REPORTING REQUIREMENTS.
(a) Annual Report on Activities of the Atomic Energy Commission.--
(1) Section 251 of the Atomic Energy Act of 1954 (42 U.S.C. 2016) is
repealed.
(2) The table of sections at the beginning of that Act is amended
by striking out the item relating to section 251.
(b) Annual Report on Weapons Activities Budgets.--Section 3156 of
the National Defense Authorization Act for Fiscal Year 1997 (Public Law
104-201; 110 Stat. 2841; 42 U.S.C. 7271c) is repealed.
(c) Annual Update of Master Plan for Nuclear Weapons Stockpile.--
Section 3153 of the National Defense Authorization Act for Fiscal Year
1996 (Public Law 104-106; 110 Stat. 624; 42 U.S.C. 2121 note) is
repealed.
(d) Annual Report on Weapons Activities Budgets.--Section 3159 of
the National Defense Authorization Act for Fiscal Year 1996 (Public Law
104-106; 110 Stat. 626; 42 U.S.C. 7271b note) is repealed.
(e) Annual Report on Stockpile Stewardship Program.--Section 3138
of the National Defense Authorization Act for Fiscal Year 1994 (Public
Law 103-160; 107 Stat. 1946; 42 U.S.C. 2121 note) is amended--
(1) by striking out subsections (d) and (e);
(2) by redesignating subsections (f), (g), and (h) as
subsections (d), (e), and (f), respectively; and
(3) in subsection (e), as so redesignated, by striking out
``and the 60-day period referred to in subsection
(e)(2)(A)(ii)''.
(f) Annual Report on Development of Tritium Production Capacity.--
Section 3134 of the National Defense Authorization Act for Fiscal Year
1993 (Public Law 102-484; 106 Stat. 2639) is repealed.
(g) Annual Report on Research Relating to Defense Waste Cleanup
Technology Program.--Section 3141 of the National Defense Authorization
Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1679;
42 U.S.C. 7274a) is amended--
(1) by striking out subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
(h) Quarterly Report on Major DoE National Security Programs.--
Section 3143 of the National Defense Authorization Act for Fiscal Years
1990 and 1991 (Public Law 101-189; 103 Stat. 1681; 42 U.S.C. 7271a) is
repealed.
(i) Annual Report on Nuclear Test Ban Readiness Program.--Section
1436 of the National Defense Authorization Act, Fiscal Year 1989
(Public Law 100-456; 102 Stat. 2075; 42 U.S.C. 2121 note) is amended by
striking out subsection (e).
SEC. 3156. COMMISSION ON SAFEGUARDING AND SECURITY OF NUCLEAR WEAPONS
AND MATERIALS AT DEPARTMENT OF ENERGY FACILITIES.
(a) Establishment.--There is hereby established a commission to be
known as the Commission on Safeguards and Security at Department of
Energy Facilities (in this section referred to as the ``Commission'').
(b) Organizational Matters.--(1)(A) The Commission shall be
composed of eight members appointed from among individuals in the
public and private sectors who have significant experience in matters
relating to the safeguarding and security of nuclear weapons and
materials, as follows:
(i) Two shall be appointed by the chairman of the Committee
on Armed Services of the Senate, in consultation with the
ranking member of the committee.
(ii) One shall be appointed by the ranking member of the
Committee on Armed Services of the Senate, in consultation with
the chairman of the committee.
(iii) Two shall be appointed by the chairman of the
Committee on National Security of the House of Representatives,
in consultation with the ranking member of the committee.
(iv) One shall be appointed by the ranking member of the
Committee on National Security of the House of Representatives,
in consultation with the chairman of the committee.
(v) Two shall be appointed by the Secretary of Energy.
(B) Members shall be appointed for the life of the Commission. Any
vacancy in the Commission shall not affect its powers, but shall be
filled in the same manner as the original appointment.
(C) The chairman of the Commission shall be designated from among
the members of the Commission by the chairman of the Committee on Armed
Services of the Senate, in consultation with the chairman of the
Committee on National Security of the House of Representatives, the
ranking member of the committee on Armed Services of the Senate, and
the ranking member of the Committee on National Security of the House
of Representatives.
(D) Members shall be appointed not later than 60 days after the
date of enactment of this Act.
(2) The members of the Commission shall establish procedures for
the activities of the Commission, including procedures for calling
meetings, requirements for quorums, and the manner of taking votes.
(c) Duties.--(1) The Commission shall--
(A) conduct a review of the specifications in the document
entitled ``Design Threat Basis'' relating to the safeguarding
and security of nuclear weapons and materials in order to
determine whether or not the specifications establish
procedures adequate for the safeguarding and security of such
weapons and materials at Department of Energy facilities; and
(B) determine whether or not the document takes into
account all relevant guidelines for the safeguarding and
security of such weapons and materials at such facilities,
including Presidential Decision Directive 39, relating to
United States policy on counterterrorism.
(2) In conducting the review, the Commission shall--
(A) visit various Department facilities, including the
Rocky Flats Plant, Colorado, Los Alamos National Laboratory,
New Mexico, the Savannah River Site, South Carolina, the Pantex
Plant, Texas, Oak Ridge National Laboratory, Tennessee, and the
Hanford Reservation, Washington, in order to assess the
adequacy of safeguards and security with respect to nuclear
weapons and materials at such facilities;
(B) evaluate the specific concerns with respect to the
safeguarding and security of nuclear weapons and materials
raised in the report of the Office of Safeguards and Security
of the Department of Energy entitled ``Status of Safeguards and
Security for 1996''; and
(C) review applicable orders and other requirements
governing the safeguarding and security of nuclear weapons and
materials at Department facilities.
(d) Report.--(1) Not later than February 15, 1998, the Commission
shall submit to the Secretary and to the congressional defense
committees a report on the review conducted under subsection (c).
(2) The report may include--
(A) recommendations regarding any modifications of policy
or procedures applicable to Department facilities that the
Commission considers appropriate to provide adequate safeguards
and security for nuclear weapons and materials at such
facilities without impairing the mission of such facilities;
(B) recommendations for modifications in funding priorities
necessary to ensure basic funding for the safeguarding and
security of such weapons and materials at such facilities; and
(C) such other recommendations for additional legislation
or administrative action as the Commission considers
appropriate.
(e) Personnel Matters.--(1)(A) Each member of the Commission who is
not an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for Level IV of the Executive Schedule under
section 53115 of title 5, United States Code, for each day (including
travel time) during which such member is engaged in the performance of
the duties of the Commission.
(B) All members of the Commission who are officers or employees of
the United States shall serve without compensation in addition to that
received for their services as officers or employees of the United
States.
(2) The members of the Commission shall be allowed travel expenses,
including per diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57 of title 5,
United States Code, while away from their homes or regular places of
business in the performance of services for the Commission.
(3)(A) The Commission may, without regard to the civil service laws
and regulations, appoint and terminate such personnel as may be
necessary to enable the Commission to perform its duties.
(B) The Commission may fix the compensation of the personnel of the
Commission without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United States Code, relating
to classification of positions and General Schedule pay rates.
(4) Any Federal Government employee may be detailed to the
Commission without reimbursement, and such detail shall be without
interruption or loss of civil status or privilege.
(f) Applicability of FACA.--The provisions of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the activities of the
Commission.
(g) Termination.--The Commission shall terminate 30 days after the
date on which the Commission submits its report under subsection (d).
(h) Funding.--Of the amounts authorized to be appropriated pursuant
to section 3101, not more that $500,000 shall be available for the
activities of the Commission under this section. Funds made available
to the Commission under this section shall remain available until
expended.
SEC. 3157. MODIFICATION OF AUTHORITY ON COMMISSION ON MAINTAINING
UNITED STATES NUCLEAR WEAPONS EXPERTISE.
(a) Commencement of Activities.--Subsection (b)(1) of section 3162
of the National Defense Authorization Act for Fiscal Year 1997 (Public
Law 104-201; 110 Stat. 2844; 42 U.S.C. 2121 note) is amended--
(1) in subparagraph (C), by adding at the end the following
new sentence: ``The chairman may be designated once five
members of the Commission have been appointed under
subparagraph (A).''; and
(2) by adding at the end the following:
``(E) The Commission may commence its activities under this section
upon the designation of the chairman of the Commission under
subparagraph (C).''.
(b) Deadline for Report.--Subsection (d) of that section is amended
by striking out ``March 15, 1998,'' and inserting in lieu thereof
``March 15, 1999,''.
SEC. 3158. LAND TRANSFER, BANDELIER NATIONAL MONUMENT.
(a) Transfer of Administrative Jurisdiction.--The Secretary of
Energy shall transfer to the Secretary of the Interior administrative
jurisdiction over a parcel of real property consisting of approximately
4.47 acres as depicted on the map entitled ``Boundary Map, Bandelier
National Monument'', No. 315/80,051, dated March 1995.
(b) Boundary Modification.--The boundary of the Bandelier National
Monument established by Proclamation No. 1322 (16 U.S.C. 431 note) is
modified to include the real property transferred under subsection (a).
(c) Public Availability of Map.--The map described in subsection
(a) shall be on file and available for public inspection in the Lands
Office at the Southwest System Support Office of the National Park
Service, Santa Fe, New Mexico, and in the office of the Superintendent
of Bandelier National Monument.
(d) Administration.--The real property and interests in real
property transferred under subsection (a) shall be--
(1) administered as part of Bandelier National Monument;
and
(2) subject to all laws applicable to the Bandelier
National Monument and all laws generally applicable to units of
the National Park System.
SEC. 3159. PARTICIPATION OF NATIONAL SECURITY ACTIVITIES IN HISPANIC
OUTREACH INITIATIVE OF THE DEPARTMENT OF ENERGY.
The Secretary of Energy shall take appropriate actions, including
the allocation of funds, to ensure the participation of the national
security activities of the Department of Energy in the Hispanic
Outreach Initiative of the Department of Energy.
SEC. 3160. FINAL SETTLEMENT OF DEPARTMENT OF ENERGY COMMUNITY
ASSISTANCE PAYMENTS TO LOS ALAMOS COUNTY UNDER AUSPICES
OF ATOMIC ENERGY COMMUNITY ACT OF 1955.
(a) The Secretary of Energy on behalf of the Federal Government
shall convey without consideration fee title to Government-owned land
under the administrative control of the Department of Energy to the
Incorporated County of Los Alamos, New Mexico, or its designee, and to
the Secretary of the Interior in trust for the Pueblo of San Ildefonso
for purposes of preservation, community self-sufficiency or economic
diversification in accordance with this section.
(b) In order to carry out the requirement of subsection (a) the
Secretary shall--
(1) no later than 3 months from the date of enactment of
this Act, submit to the appropriate committees of Congress a
report identifying parcels of land considered suitable for
conveyance, taking into account the need to provide lands--
(A) which are not required to meet the national
security missions of the Department of Energy;
(B) which are likely to be available for transfer
within 10 years; and
(C) which have been identified by the Department,
the County of Los Alamos, or the Pueblo of San
Ildefonso, as being able to meet the purposes stated in
subsection (a);
(2) no later than 12 months after the date of enactment of
this Act, submit to the appropriate congressional committees a
report containing the results of a title search on all parcels
of land identified in paragraph (1), including an analysis of
any claims of former owners, or their heirs and assigns, to
such parcels. During this period, the Secretary shall engage in
concerted efforts to provide claimants with every reasonable
opportunity to legally substantiate their claims. The Secretary
shall only transfer land for which the United States Government
holds clear title;
(3) no later than 21 months from the date of enactment of
this Act, complete any review required by the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4375) with
respect to anticipated environmental impact of the conveyance
of the parcels of land identified in the report to Congress;
and
(4) no later than 3 months after the date, which is the
later of--
(A) the date of completion of the review required
by paragraph (3); or
(B) the date on which the County of Los Alamos and
the Pueblo of San Ildefonso submit to the Secretary a
binding agreement allocating the parcels of land
identified in paragraph (1) to which the government has
clear title--
submit to the appropriate Congressional committees a plan for
conveying the parcels of land in accordance with the agreement
between the county and the Pueblo and the findings of the
environmental review in paragraph (3).
(c) The Secretary shall complete the conveyance of all portions of
the lands identified in the plan with all due haste, and no later than
9 months, after the date of submission of the plan under paragraph
(b)(4).
(d) If the Secretary finds that a parcel of land identified in
subsection (b) continues to be necessary for national security purposes
for a period of time less than ten years or requires remediation of
hazardous substances in accordance with applicable laws that delays the
parcel's conveyance beyond the time limits provided in subsection (c),
the Secretary shall convey title of that parcel upon completion of the
remediation or after that parcel is no longer necessary for national
security purposes.
(e) Following transfer of the land pursuant to subsection (c), the
Secretary shall make no further assistance payments under section 91 or
section 94 of the Atomic Energy Community Act of 1955 (42 U.S.C. 2391;
2394) to county or city governments in the vicinity of Los Alamos
National Laboratory.
SEC. 3161. DESIGNATING THE Y-12 PLANT IN OAK RIDGE, TENNESSEE AS THE
NATIONAL PROTOTYPE CENTER.
The Y-12 plant in Oak Ridge, Tennessee is designated as the
National Prototype Center. Other executive agencies are encouraged to
utilize this center, where appropriate, to maximize their efficiency
and cost effectiveness.
SEC. 3162. NORTHERN NEW MEXICO EDUCATIONAL FOUNDATION.
(a) Of the funds authorized to be appropriated to the Department of
Energy by this Act, $5,000,000 shall be available for payment by the
Secretary of Energy to a nonprofit or not-for-profit educational
foundation chartered to enhance the educational enrichment activities
in public schools in the area around the Los Alamos National Laboratory
(in this section referred to as the ``Foundation'').
(b) Funds provided by the Department of Energy to the Foundation
shall be used solely as corpus for an endowment fund. The Foundation
shall invest the corpus and use the income generated from such an
investment to fund programs designed to support the educational needs
of public schools in Northern New Mexico educating children in the area
around the Los Alamos National Laboratory.
SEC. 3163. TO AUTHORIZE APPROPRIATIONS FOR THE GREENVILLE ROAD
IMPROVEMENT PROJECT, LIVERMORE, CALIFORNIA.
Of the funds authorized to be appropriated by this Act to the
Department of Energy, $3,500,000 are authorized to be appropriated for
fiscal year 1998, and $3,800,000 are authorized to be appropriated for
fiscal year 1999, for improvements to Greenville Road in Livermore,
California.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 1998,
$17,500,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
SEC. 3301. DEFINITIONS.
In this title:
(1) The term ``National Defense Stockpile'' means the
stockpile provided for in section 4 of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98c).
(2) The term ``National Defense Stockpile Transaction
Fund'' means the fund in the Treasury of the United States
established under section 9(a) of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98h(a)).
SEC. 3302. AUTHORIZED USES OF STOCKPILE FUNDS.
(a) Obligations Authorized.--During fiscal year 1998, the National
Defense Stockpile Manager may obligate up to $60,000,000 of the funds
in the National Defense Stockpile Transaction Fund established under
subsection (a) of section 9 of the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98h) for the authorized uses of such funds
under subsection (b)(2) of such section.
(b) Additional Obligations.--The National Defense Stockpile Manager
may obligate amounts in excess of the amount specified in subsection
(a) if the National Defense Stockpile Manager notifies Congress that
extraordinary or emergency conditions necessitate the additional
obligations. The National Defense Stockpile Manager may make the
additional obligations described in the notification after the end of
the 45-day period beginning on the date Congress receives the
notification.
(c) Limitations.--The authorities provided by this section shall be
subject to such limitations as may be provided in appropriations Acts.
SEC. 3303. AUTHORITY TO DISPOSE OF CERTAIN MATERIALS IN NATIONAL
DEFENSE STOCKPILE.
(a) Disposal Required.--Subject to subsection (c), the President
shall dispose of materials contained in the National Defense Stockpile
and specified in the table in subsection (b) so as to result in
receipts to the United States in amounts equal to--
(1) $9,222,000 by the end of fiscal year 1998;
(2) $134,840,000 by the end of fiscal year 2002; and
(3) $331,886,000 by the end of fiscal year 2007.
(b) Limitation on Disposal Quantity.--The total quantities of
materials authorized for disposal by the President under subsection (a)
may not exceed the amounts set forth in the following table:
Authorized Stockpile Disposals
------------------------------------------------------------------------
Material for disposal Quantity
------------------------------------------------------------------------
Berylium Copper Master Alloy.............. 7,387 short tons
Chromium Metal............................ 8,511 short tons
Cobalt.................................... 14,058,014 pounds
Columbium Carbide......................... 21,372 pounds
Columbium Ferro........................... 249,395 pounds
Diamond, Bort............................. 61,543 carats
Diamond, Dies............................. 25,473 pieces
Diamond, Stone............................ 3,047,900 carats
Germanium................................. 28,200 kilograms
Indium.................................... 14,248 troy ounces
Palladium................................. 1,249,485 troy ounces
Platinum.................................. 442,641 troy ounces
Tantalum, Carbide Powder.................. 22,688 pounds contained
Tantalum, Minerals........................ 1,751,364 pounds contained
Tantalum, Oxide........................... 123,691 pounds contained
Titanium Sponge........................... 34,831 short tons
Tungsten, Ores & Concentrate.............. 76,358,235 pounds
Tungsten, Carbide......................... 2,032,954 pounds
Tungsten, Metal Powder.................... 1,899,283 pounds
Tungsten, Ferro........................... 2,024,143 pounds
------------------------------------------------------------------------
(c) Minimization of Disruption and Loss.--The President may not
dispose of materials under subsection (a) to the extent that the
disposal will result in--
(1) undue disruption of the usual markets of producers,
processors, and consumers of the materials proposed for
disposal; or
(2) avoidable loss to the United States.
(d) Relationship to Other Disposal Authority.--The disposal
authority provided in subsection (a) is new disposal authority and is
in addition to, and shall not affect, any other disposal authority
provided by law regarding the materials specified in such subsection.
SEC. 3304. RETURN OF SURPLUS PLATINUM FROM THE DEPARTMENT OF THE
TREASURY.
(a) Return of Platinum to Stockpile.--Subject to subsection (b),
the Secretary of the Treasury, upon the request of the Secretary of
Defense, shall return to the Secretary of Defense for sale or other
disposition platinum of the National Defense Stockpile that has been
loaned to the Department of the Treasury by the Secretary of Defense,
acting as the stockpile manager. The quantity requested and transferred
shall be any quantity that the Secretary of Defense determines
appropriate for sale or other disposition.
(b) Alternative Transfer of Funds.--The Secretary of the Treasury,
with the concurrence of the Secretary of Defense, may transfer to the
Secretary of Defense funds in a total amount that is equal to the fair
market value of any platinum requested under subsection (a) and not
returned. A transfer of funds under this subsection shall be a
substitute for a return of platinum under subsection (a). Upon a
transfer of funds as a substitute for a return of platinum, the
platinum shall cease to be part of the National Defense Stockpile. A
transfer of funds under this subsection shall be charged to any
appropriation for the Department of the Treasury and shall be credited
to the National Defense Stockpile Transaction Fund.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
There is hereby authorized to be appropriated to the Secretary of
Energy $117,000,000 for fiscal year 1998 for the purpose of carrying
out activities under chapter 641 of title 10, United States Code,
relating to the naval petroleum reserves (as defined in section 7420(2)
of such title). Funds appropriated pursuant to such authorization shall
remain available until expended.
SEC. 3402. LEASING OF CERTAIN OIL SHALE RESERVES.
(a) Requirement To Lease.--The Secretary of Energy may lease,
subject to valid existing rights, the United States interest in Oil
Shale Reserves Numbered 1, 2, and 3 to one or more private entities for
the purpose of providing for the exploration of such reserves for, and
the development and production of, petroleum.
(b) Maximization of Financial Return to the United States.--A lease
under this section shall be made under terms that result in the maximum
practicable financial return to the United States, without regard to
production limitations provided under chapter 641 of title 10, United
States Code.
(c) Disposition of Wells, Gathering Lines, and Equipment.--A lease
of a reserve under subsection (a) may include the sale or other
disposition, at fair market value, of any well, gathering line, or
related equipment owned by the United States that is located at the
reserve and is suitable for use in the exploration, development, or
production of petroleum on the reserve.
(d) Disposition of Royalties and Other Proceeds.--All royalties and
other proceeds accruing to the United States from a lease under this
section shall be disposed of in accordance with section 7433 of title
10, United States Code.
(e) Inapplicability of Certain Sections of Title 10, United States
Code.--The following provisions of chapter 641 of title 10, United
States Code, do not apply to the leasing of a reserve under this
section nor to a reserve while under a lease entered into under this
section: section 7422(b), subsections (d), (e), (g), and (k) of section
7430, section 7431, and section 7438(c)(1).
(f) Definitions.--In this section:
(1) The term ``Oil Shale Reserves Numbered 1, 2, and 3''
means the oil shale reserves identified in section 7420(2) of
title 10, United States Code, as Oil Shale Reserve Numbered 1,
Oil Shale Reserve Numbered 2, and Oil Shale Reserve Numbered 3.
(2) The term ``petroleum'' has the meaning given such term
in section 7420(3) of such title.
SEC. 3403. REPEAL OF REQUIREMENT TO ASSIGN NAVY OFFICERS TO OFFICE OF
NAVAL PETROLEUM AND OIL SHALE RESERVES.
Section 2 of Public Law 96-137 (42 U.S.C. 7156a) is repealed.
TITLE XXXV--PANAMA CANAL COMMISSION
Subtitle A--Authorization of Expenditures From Revolving Fund
SEC. 3501. SHORT TITLE.
This subtitle may be cited as the ``Panama Canal Commission
Authorization Act for Fiscal Year 1998''.
SEC. 3502. AUTHORIZATION OF EXPENDITURES.
(a) In General.--Subject to subsection (b), the Panama Canal
Commission is authorized to use amounts in the Panama Canal Revolving
Fund to make such expenditures within the limits of funds and borrowing
authority available to it in accordance with law, and to make such
contracts and commitments, as may be necessary under the Panama Canal
Act of 1979 (22 U.S.C. 3601 et seq.) for the operation, maintenance,
improvement, and administration of the Panama Canal for fiscal year
1998.
(b) Limitations.--For fiscal year 1998, the Panama Canal Commission
may expend from funds in the Panama Canal Revolving Fund not more than
$85,000 for official reception and representation expenses, of which--
(1) not more than $23,000 may be used for official
reception and representation expenses of the Supervisory Board
of the Commission;
(2) not more than $12,000 may be used for official
reception and representation expenses of the Secretary of the
Commission; and
(3) not more than $50,000 may be used for official
reception and representation expenses of the Administrator of
the Commission.
SEC. 3503. PURCHASE OF VEHICLES.
Notwithstanding any other provision of law, the funds available to
the Commission shall be available for the purchase and transportation
to the Republic of Panama of passenger motor vehicles, the purchase
price of which shall not exceed $22,000 per vehicle.
SEC. 3504. EXPENDITURES ONLY IN ACCORDANCE WITH TREATIES.
Expenditures authorized under this subtitle may be made only in
accordance with the Panama Canal Treaties of 1977 and any law of the
United States implementing those treaties.
Subtitle B--Facilitation of Panama Canal Transition
SEC. 3511. SHORT TITLE; REFERENCES.
(a) Short Title.--This subtitle may be cited as the ``Panama Canal
Transition Facilitation Act of 1997''.
(b) References.--Except as otherwise expressly provided, whenever
in this subtitle an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provision of the
Panama Canal Act of 1979 (22 U.S.C. 3601 et seq.).
SEC. 3512. DEFINITIONS RELATING TO CANAL TRANSITION.
Section 3 (22 U.S.C. 3602) is amended by adding at the end the
following new subsection:
``(d) For purposes of this Act:
``(1) The term `Canal Transfer Date' means December 31,
1999, such date being the date specified in the Panama Canal
Treaty of 1977 for the transfer of the Panama Canal from the
United States of America to the Republic of Panama.
``(2) The term `Panama Canal Authority' means the entity
created by the Republic of Panama to succeed the Panama Canal
Commission as of the Canal Transfer Date.''.
PART I--TRANSITION MATTERS RELATING TO COMMISSION OFFICERS AND
EMPLOYEES
SEC. 3521. AUTHORITY FOR THE ADMINISTRATOR OF THE COMMISSION TO ACCEPT
APPOINTMENT AS THE ADMINISTRATOR OF THE PANAMA CANAL
AUTHORITY.
(a) Authority for Dual Role.--Section 1103 (22 U.S.C. 3613) is
amended by adding at the end the following new subsection:
``(c) The Congress consents, for purposes of the 8th clause of
article I, section 9 of the Constitution of the United States, to the
acceptance by the individual serving as Administrator of the Commission
of appointment by the Republic of Panama to the position of
Administrator of the Panama Canal Authority. Such consent is effective
only if that individual, while serving in both such positions, serves
as Administrator of the Panama Canal Authority without compensation,
except for payments by the Republic of Panama of travel and
entertainment expenses, including per diem payments.''.
(b) Waiver of Certain Conflict-of-Interest Statutes.--Such section
is further amended by adding at the end the following new subsections:
``(d) The Administrator, with respect to participation in any
matter as Administrator of the Panama Canal Commission (whether such
participation is before, on, or after the date of the enactment of the
Panama Canal Transition Facilitation Act of 1997), shall not be subject
to section 208 of title 18, United States Code, insofar as the matter
relates to prospective employment as Administrator of the Panama Canal
Authority.
``(e) If the Republic of Panama appoints as the Administrator of
the Panama Canal Authority the individual serving as the Administrator
of the Commission and if that individual accepts the appointment--
``(1) the Foreign Agents Registration Act of 1938, as
amended (22 U.S.C. 611 et seq.), shall not apply to that
individual with respect to service as the Administrator of the
Panama Canal Authority;
``(2) that individual, with respect to participation in any
matter as the Administrator of the Panama Canal Commission, is
not subject to section 208 of title 18, United States Code,
insofar as the matter relates to service as, or performance of
the duties of, the Administrator of the Panama Canal Authority;
and
``(3) that individual, with respect to official acts
performed as the Administrator of the Panama Canal Authority,
is not subject to the following:
``(A) Sections 203 and 205 of title 18, United
States Code.
``(B) Effective upon termination of the
individual's appointment as Administrator of the Panama
Canal Commission at noon on the Canal Transfer Date,
section 207 of title 18, United States Code.
``(C) Sections 501(a) and 502(a)(4) of the Ethics
in Government Act of 1978 (5 U.S.C. App.), with respect
to compensation received for, and service in, the
position of Administrator of the Panama Canal
Authority.''.
SEC. 3522. POST-CANAL TRANSFER PERSONNEL AUTHORITIES.
(a) Waiver of Certain Post-employment Restrictions for Commission
Personnel Becoming Employees of the Panama Canal Authority.--Section
1112 (22 U.S.C. 3622) is amended by adding at the end the following new
subsection:
``(e) Effective as of the Canal Transfer Date, section 207 of title
18, United States Code, shall not apply to an individual who is an
officer or employee of the Panama Canal Authority, but only with
respect to official acts of that individual as an officer or employee
of the Authority and only in the case of an individual who was an
officer or employee of the Commission and whose employment with the
Commission was terminated at noon on the Canal Transfer Date.''.
(b) Consent of Congress for Acceptance by Reserve and Retired
Members of the Armed Forces of Employment by Panama Canal Authority.--
Such section is further amended by adding after subsection (e), as
added by subsection (a), the following new subsection:
``(f)(1) The Congress consents to the following persons accepting
civil employment (and compensation for that employment) with the Panama
Canal Authority for which the consent of the Congress is required by
the last paragraph of section 9 of article I of the Constitution of the
United States, relating to acceptance of emoluments, offices, or titles
from a foreign government:
``(A) Retired members of the uniformed services.
``(B) Members of a reserve component of the armed forces.
``(C) Members of the Commissioned Reserve Corps of the
Public Health Service.
``(2) The consent of the Congress under paragraph (1) is effective
without regard to subsection (b) of section 908 of title 37, United
States Code (relating to approval required for employment of Reserve
and retired members by foreign governments).''.
SEC. 3523. ENHANCED AUTHORITY OF COMMISSION TO ESTABLISH COMPENSATION
OF COMMISSION OFFICERS AND EMPLOYEES.
(a) Repeal of Limitations on Commission Authority.--The following
provisions are repealed:
(1) Section 1215 (22 U.S.C. 3655), relating to basic pay.
(2) Section 1219 (22 U.S.C. 3659), relating to salary
protection upon conversion of pay rate.
(3) Section 1225 (22 U.S.C. 3665), relating to minimum
level of pay and minimum annual increases.
(b) Savings Provision.--Section 1202 (22 U.S.C. 3642) is amended by
adding at the end the following new subsection:
``(c) In the case of an individual who is an officer or employee of
the Commission on the day before the date of the enactment of the
Panama Canal Transition Facilitation Act of 1997 and who has not had a
break in service with the Commission since that date, the rate of basic
pay for that officer or employee on or after that date may not be less
than the rate in effect for that officer or employee on the day before
that date of enactment except--
``(1) as provided in a collective bargaining agreement;
``(2) as a result of an adverse action against the officer
or employee; or
``(3) pursuant to a voluntary demotion.''.
(c) Cross-Reference Amendments.--(1) Section 1216 (22 U.S.C. 3656)
is amended by striking out ``1215'' and inserting in lieu thereof
``1202''.
(2) Section 1218 (22 U.S.C. 3658) is amended by striking out
``1215'' and ``1217'' and inserting in lieu thereof ``1202'' and
``1217(a)'', respectively.
SEC. 3524. TRAVEL, TRANSPORTATION, AND SUBSISTENCE EXPENSES FOR
COMMISSION PERSONNEL NO LONGER SUBJECT TO FEDERAL TRAVEL
REGULATION.
(a) Repeal of Applicability of Title 5 Provisions.--(1) Section
1210 (22 U.S.C. 3650) is amended by striking out subsections (a), (b),
and (c).
(2) Section 1224 (22 U.S.C. 3664) is amended--
(A) by striking out paragraph (10); and
(B) by redesignating paragraphs (11) through (20) as
paragraphs (10) through (19), respectively.
(b) Conforming Amendments.--(1) Section 1210 is further amended--
(A) by redesignating subsection (d)(1) as subsection (a)
and in that subsection striking out ``paragraph (2)'' and
inserting in lieu thereof ``subsection (b)''; and
(B) by redesignating subsection (d)(2) as subsection (b)
and in that subsection--
(i) striking out ``Notwithstanding paragraph (1),
an'' and inserting in lieu thereof ``An''; and
(ii) striking out ``referred to in paragraph (1)''
and inserting in lieu thereof ``who is a citizen of the
Republic of Panama''.
(2) The heading of such section is amended to read as follows:
``air transportation''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 1999.
SEC. 3525. ENHANCED RECRUITMENT AND RETENTION AUTHORITIES.
(a) Recruitment, Relocation, and Retention Bonuses.--Section 1217
(22 U.S.C. 3657) is amended--
(1) by redesignating subsection (c) as subsection (e);
(2) in subsection (e) (as so redesignated), by striking out
``for the same or similar work performed in the United States
by individuals employed by the Government of the United
States'' and inserting in lieu thereof ``of the individual to
whom the compensation is paid''; and
(3) by inserting after subsection (b) the following new
subsections:
``(c)(1) The Commission may pay a recruitment bonus to an
individual who is newly appointed to a position with the Commission, or
a relocation bonus to an employee of the Commission who must relocate
to accept a position, if the Commission determines that the Commission
would be likely, in the absence of such a bonus, to have difficulty in
filling the position.
``(2) A recruitment or relocation bonus may be paid to an employee
under this subsection only if the employee enters into an agreement
with the Commission to complete a period of employment with the
Commission established by the Commission. If the employee voluntarily
fails to complete such period of employment or is separated from
service in such employment as a result of an adverse action before the
completion of such period, the employee shall repay the entire amount
of the bonus received by the employee.
``(3) A relocation bonus under this subsection may be paid as a
lump sum. A recruitment bonus under this subsection shall be paid on a
pro rata basis over the period of employment covered by the agreement
under paragraph (2). A bonus under this subsection may not be
considered to be part of the basic pay of an employee.
``(d)(1) The Commission may pay a retention bonus to an employee of
the Commission if the Commission determines that--
``(A) the employee has unusually high or unique
qualifications and those qualifications make it essential for
the Commission to retain the employee for a period specified by
the Commission ending not later than the Canal Transfer Date,
or the Commission otherwise has a special need for the services
of the employee making it essential for the Commission to
retain the employee for a period specified by the Commission
ending not later than the Canal Transfer Date; and
``(B) the employee would be likely to leave employment with
the Commission before the end of that period if the retention
bonus is not paid.
``(2) A retention bonus under this subsection--
``(A) shall be in a fixed amount;
``(B) shall be paid on a pro rata basis (over the period
specified by the Commission as essential for the retention of
the employee), with such payments to be made at the same time
and in the same manner as basic pay; and
``(C) may not be considered to be part of the basic pay of
an employee.
``(3) A decision by the Commission to exercise or to not exercise
the authority to pay a bonus under this subsection shall not be subject
to review under any statutory procedure or any agency or negotiated
grievance procedure except under any of the laws referred to in section
2302(d) of title 5, United States Code.''.
(b) Educational Services.--Section 1321(e)(2) (22 U.S.C.
3731(e)(2)) is amended by striking out ``and persons'' and inserting in
lieu thereof ``, to other Commission employees when determined by the
Commission to be necessary for their recruitment or retention, and to
other persons''.
SEC. 3526. TRANSITION SEPARATION INCENTIVE PAYMENTS.
Chapter 2 of title I (22 U.S.C. 3641 et seq.) is amended by adding
at the end of subchapter III the following new section:
``transition separation incentive payments
``Sec. 1233. (a) In applying to the Commission and employees of the
Commission the provisions of section 663 of the Treasury, Postal
Service, and General Government Appropriations Act, 1997 (as contained
in section 101(f) of division A of Public Law 104-208; 110 Stat. 3009-
383), relating to voluntary separation incentives for employees of
certain Federal agencies (in this section referred to as `section
663')--
``(1) the term `employee' shall mean an employee of the
Commission who has served in the Republic of Panama in a
position with the Commission for a continuous period of at
least three years immediately before the employee's separation
under an appointment without time limitation and who is covered
under the Civil Service Retirement System or the Federal
Employees' Retirement System under subchapter III of chapter 83
or chapter 84, respectively, of title 5, United States Code,
other than--
``(A) an employee described in any of subparagraphs
(A) through (F) of subsection (a)(2) of section 663; or
``(B) an employee of the Commission who, during the
24-month period preceding the date of separation, has
received a recruitment or relocation bonus under
section 1217(c) of this Act or who, within the 12-month
period preceding the date of separation, received a
retention bonus under section 1217(d) of this Act;
``(2) the strategic plan under subsection (b) of section
663 shall include (in lieu of the matter specified in
subsection (b)(2) of that section)--
``(A) the positions to be affected, identified by
occupational category and grade level;
``(B) the number and amounts of separation
incentive payments to be offered; and
``(C) a description of how such incentive payments
will facilitate the successful transfer of the Panama
Canal to the Republic of Panama;
``(3) a separation incentive payment under section 663 may
be paid to a Commission employee only to the extent necessary
to facilitate the successful transfer of the Panama Canal by
the United States of America to the Republic of Panama as
required by the Panama Canal Treaty of 1977;
``(4) such a payment--
``(A) may be in an amount determined by the
Commission not to exceed $25,000; and
``(B) may be made (notwithstanding the limitation
specified in subsection (c)(2)(D) of section 663) in
the case of an eligible employee who voluntarily
separates (whether by retirement or resignation) during
the 90-day period beginning on the date of the
enactment of this section or during the period
beginning on October 1, 1998, and ending on December
31, 1998;
``(5) in the case of not more than 15 employees who (as
determined by the Commission) are unwilling to work for the
Panama Canal Authority after the Canal Transfer Date and who
occupy critical positions for which (as determined by the
Commission) at least two years of experience is necessary to
ensure that seasoned managers are in place on and after the
Canal Transfer Date, such a payment (notwithstanding paragraph
(4))--
``(A) may be in an amount determined by the
Commission not to exceed 50 percent of the basic pay of
the employee; and
``(B) may be made (notwithstanding the limitation
specified in subsection (c)(2)(D) of section 663) in
the case of such an employee who voluntarily separates
(whether by retirement or resignation) during the 90-
day period beginning on the date of the enactment of
this section; and
``(6) the provisions of subsection (f) of section 663 shall
not apply.
``(b) A decision by the Commission to exercise or to not exercise
the authority to pay a transition separation incentive under this
section shall not be subject to review under any statutory procedure or
any agency or negotiated grievance procedure except under any of the
laws referred to in section 2302(d) of title 5, United States Code.''.
SEC. 3527. LABOR-MANAGEMENT RELATIONS.
Section 1271 (22 U.S.C. 3701) is amended by adding at the end the
following new subsection:
``(c)(1) This subsection applies to any matter that becomes the
subject of collective bargaining between the Commission and the
exclusive representative for any bargaining unit of employees of the
Commission during the period beginning on the date of the enactment of
this subsection and ending on the Canal Transfer Date.
``(2)(A) The resolution of impasses resulting from collective
bargaining between the Commission and any such exclusive representative
during that period shall be conducted in accordance with such
procedures as may be mutually agreed upon between the Commission and
the exclusive representative (without regard to any otherwise
applicable provisions of chapter 71 of title 5, United States Code).
Such mutually agreed upon procedures shall become effective upon
transmittal by the Chairman of the Supervisory Board of the Commission
to the Congress of notice of the agreement to use those procedures and
a description of those procedures.
``(B) The Federal Services Impasses Panel shall not have
jurisdiction to resolve any impasse between the Commission and any such
exclusive representative in negotiations over a procedure for resolving
impasses.
``(3) If the Commission and such an exclusive representative do not
reach an agreement concerning a procedure for resolving impasses with
respect to a bargaining unit and transmit notice of the agreement under
paragraph (2) on or before July 1, 1998, the following shall be the
procedure by which collective bargaining impasses between the
Commission and the exclusive representative for that bargaining unit
shall be resolved:
``(A) If bargaining efforts do not result in an agreement,
the parties shall request the Federal Mediation and
Conciliation Service to assist in achieving an agreement.
``(B) If an agreement is not reached within 45 days after
the date on which either party requests the assistance of the
Federal Mediation and Conciliation Service in writing (or
within such shorter period as may be mutually agreed upon by
the parties), the parties shall be considered to be at an
impasse and shall request the Federal Services Impasses Panel
of the Federal Labor Relations Authority to decide the impasse.
``(C) If the Federal Services Impasses Panel fails to issue
a decision within 90 days after the date on which its services
are requested (or within such shorter period as may be mutually
agreed upon by the parties), the efforts of the Panel shall be
terminated.
``(D) In such a case, the Chairman of the Panel (or another
member in the absence of the Chairman) shall immediately
determine the matter by a drawing (conducted in such manner as
the Chairman (or, in the absence of the Chairman, such other
member) determines appropriate) between the last offer of the
Commission and the last offer of the exclusive representative,
with the offer chosen through such drawing becoming the binding
resolution of the matter.
``(4) In the case of a notice of agreement described in paragraph
(2)(A) that is transmitted to the Congress as described in the second
sentence of that paragraph after July 1, 1998, the impasse resolution
procedures covered by that notice shall apply to any impasse between
the Commission and the other party to the agreement that is unresolved
on the date on which that notice is transmitted to the Congress.''.
SEC. 3528. AVAILABILITY OF PANAMA CANAL REVOLVING FUND FOR SEVERANCE
PAY FOR CERTAIN EMPLOYEES SEPARATED BY PANAMA CANAL
AUTHORITY AFTER CANAL TRANSFER DATE.
(a) Availability of Revolving Fund.--Section 1302(a) (22 U.S.C.
3712(a)) is amended by adding at the end the following new paragraph:
``(10) Payment to the Panama Canal Authority, not later
than the Canal Transfer Date, of such amount as is computed by
the Commission to be the future amount of severance pay to be
paid by the Panama Canal Authority to employees whose
employment with the Authority is terminated, to the extent that
such severance pay is attributable to periods of service
performed with the Commission before the Canal Transfer Date
(and assuming for purposes of such computation that the Panama
Canal Authority, in paying severance pay to terminated
employees, will provide for crediting of periods of service
with the Commission).''.
(b) Stylistic Amendments.--Such section is further amended--
(1) by striking out ``for--'' in the matter preceding
paragraph (1) and inserting in lieu thereof ``for the following
purposes:'';
(2) by capitalizing the initial letter of the first word in
each of paragraphs (1) through (9);
(3) by striking out the semicolon at the end of each of
paragraphs (1) through (7) and inserting in lieu thereof a
period; and
(4) by striking out ``; and'' at the end of paragraph (8)
and inserting in lieu thereof a period.
PART II--TRANSITION MATTERS RELATING TO OPERATION AND ADMINISTRATION OF
CANAL
SEC. 3541. ESTABLISHMENT OF PROCUREMENT SYSTEM AND BOARD OF CONTRACT
APPEALS.
Title III of the Panama Canal Act of 1979 (22 U.S.C. 3601 et seq.)
is amended by inserting after the title heading the following new
chapter:
``Chapter 1--Procurement
``procurement system
``Sec. 3101. (a) Panama Canal Acquisition Regulation.--(1) The
Commission shall establish by regulation a comprehensive procurement
system. The regulation shall be known as the `Panama Canal Acquisition
Regulation' (in this section referred to as the `Regulation') and shall
provide for the procurement of goods and services by the Commission in
a manner that--
``(A) applies the fundamental operating principles and
procedures in the Federal Acquisition Regulation;
``(B) uses efficient commercial standards of practice; and
``(C) is suitable for adoption and uninterrupted use by the
Republic of Panama after the Canal Transfer Date.
``(2) The Regulation shall contain provisions regarding the
establishment of the Panama Canal Board of Contract Appeals described
in section 3102.
``(b) Supplement to Regulation.--The Commission shall develop a
Supplement to the Regulation (in this section referred to as the
`Supplement') that identifies both the provisions of Federal law
applicable to procurement of goods and services by the Commission and
the provisions of Federal law waived by the Commission under subsection
(c).
``(c) Waiver Authority.--(1) Subject to paragraph (2), the
Commission shall determine which provisions of Federal law should not
apply to procurement by the Commission and may waive those laws for
purposes of the Regulation and Supplement.
``(2) For purposes of paragraph (1), the Commission may not waive--
``(A) section 27 of the Office of Federal Procurement
Policy Act (41 U.S.C. 423);
``(B) the Contract Disputes Act of 1978 (41 U.S.C. 601 et
seq.), other than section 10(a) of such Act (41 U.S.C 609(a));
or
``(C) civil rights, environmental, or labor laws.
``(d) Consultation With Administrator for Federal Procurement
Policy.--In establishing the Regulation and developing the Supplement,
the Commission shall consult with the Administrator for Federal
Procurement Policy.
``(e) Effective Date.--The Regulation and the Supplement shall take
effect on the date of publication in the Federal Register, or January
1, 1999, whichever is earlier.
``panama canal board of contract appeals
``Sec. 3102. (a) Establishment.--(1) The Secretary of Defense, in
consultation with the Commission, shall establish a board of contract
appeals, to be known as the Panama Canal Board of Contract Appeals, in
accordance with section 8 of the Contract Disputes Act of 1978 (41
U.S.C. 607). Except as otherwise provided by this section, the Panama
Canal Board of Contract Appeals (in this section referred to as the
`Board') shall be subject to the Contract Disputes Act of 1978 (41
U.S.C. 601 et seq.) in the same manner as any other agency board of
contract appeals established under that Act.
``(2) The Board shall consist of three members. At least one member
of the Board shall be licensed to practice law in the Republic of
Panama. Individuals appointed to the Board shall take an oath of
office, the form of which shall be prescribed by the Secretary of
Defense.
``(b) Exclusive Jurisdiction To Decide Appeals.--Notwithstanding
section 10(a)(1) of the Contract Disputes Act of 1978 (41 U.S.C.
609(a)(1)) or any other provision of law, the Board shall have
exclusive jurisdiction to decide an appeal from a decision of a
contracting officer under section 8(d) of such Act (41 U.S.C. 607(d)).
``(c) Exclusive Jurisdiction To Decide Protests.--The Board shall
decide protests submitted to it under this subsection by interested
parties in accordance with subchapter V of title 31, United States
Code. Notwithstanding section 3556 of that title, section 1491(b) of
title 28, United States Code, and any other provision of law, the Board
shall have exclusive jurisdiction to decide such protests. For purposes
of this subsection--
``(1) except as provided in paragraph (2), each reference
to the Comptroller General in sections 3551 through 3555 of
title 31, United States Code, is deemed to be a reference to
the Board;
``(2) the reference to the Comptroller General in section
3553(d)(3)(C)(ii) of such title is deemed to be a reference to
both the Board and the Comptroller General;
``(3) the report required by paragraph (1) of section
3554(e) of such title shall be submitted to the Comptroller
General as well as the committees listed in such paragraph;
``(4) the report required by paragraph (2) of such section
shall be submitted to the Comptroller General as well as
Congress; and
``(5) section 3556 of such title shall not apply to the
Board, but nothing in this subsection shall affect the right of
an interested party to file a protest with the appropriate
contracting officer.
``(d) Procedures.--The Board shall prescribe such procedures as may
be necessary for the expeditious decision of appeals and protests under
subsections (b) and (c).
``(e) Commencement.--The Board shall begin to function as soon as
it has been established and has prescribed procedures under subsection
(d), but not later than January 1, 1999.
``(f) Transition.--The Board shall have jurisdiction under
subsection (b) and (c) over any appeals and protests filed on or after
the date on which the Board begins to function. Any appeals and
protests filed before such date shall remain before the forum in which
they were filed.
``(g) Other Functions.--The Board may perform functions similar to
those described in this section for such other matters or activities of
the Commission as the Commission may determine and in accordance with
regulations prescribed by the Commission.''.
SEC. 3542. TRANSACTIONS WITH THE PANAMA CANAL AUTHORITY.
Section 1342 (22 U.S.C. 3752) is amended--
(1) by designating the text of the section as subsection
(a); and
(2) by adding at the end the following new subsections:
``(b) The Commission may provide office space, equipment, supplies,
personnel, and other in-kind services to the Panama Canal Authority on
a nonreimbursable basis.
``(c) Any executive department or agency of the United States may,
on a reimbursable basis, provide to the Panama Canal Authority
materials, supplies, equipment, work, or services requested by the
Panama Canal Authority, at such rates as may be agreed upon by that
department or agency and the Panama Canal Authority.''.
SEC. 3543. TIME LIMITATIONS ON FILING OF CLAIMS FOR DAMAGES.
(a) Filing of Administrative Claims With Commission.--Sections
1411(a) (22 U.S.C. 3771(a)) and 1412 (22 U.S.C. 3772) are each amended
in the last sentence by striking out ``within 2 years after'' and all
that follows through ``of 1985,'' and inserting in lieu thereof
``within one year after the date of the injury or the date of the
enactment of the Panama Canal Transition Facilitation Act of 1997,''.
(b) Filing of Judicial Actions.--The penultimate sentence of
section 1416 (22 U.S.C. 3776) is amended--
(1) by striking out ``one year'' the first place it appears
and inserting in lieu thereof ``180 days''; and
(2) by striking out ``claim, or'' and all that follows
through ``of 1985,'' and inserting in lieu thereof ``claim or
the date of the enactment of the Panama Canal Transition
Facilitation Act of 1997,''.
SEC. 3544. TOLLS FOR SMALL VESSELS.
Section 1602(a) (22 U.S.C. 3792(a)) is amended--
(1) in the first sentence, by striking out ``supply ships,
and yachts'' and inserting in lieu thereof ``and supply
ships''; and
(2) by adding at the end the following new sentence:
``Tolls for small vessels (including yachts), as defined by the
Commission, may be set at rates determined by the Commission
without regard to the preceding provisions of this
subsection.''.
SEC. 3545. DATE OF ACTUARIAL EVALUATION OF FECA LIABILITY.
Section 5(a) of the Panama Canal Commission Compensation Fund Act
of 1988 (22 U.S.C. 3715c(a)) is amended by striking out ``Upon the
termination of the Panama Canal Commission'' and inserting in lieu
thereof ``By March 31, 1998''.
SEC. 3546. APPOINTMENT OF NOTARIES PUBLIC.
Section 1102a (22 U.S.C. 3612a) is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection:
``(g)(1) The Commission may appoint any United States citizen to
have the general powers of a notary public to perform, on behalf of
Commission employees and their dependents outside the United States,
any notarial act that a notary public is required or authorized to
perform within the United States. Unless an earlier expiration is
provided by the terms of the appointment, any such appointment shall
expire three months after the Canal Transfer Date.
``(2) Every notarial act performed by a person acting as a notary
under paragraph (1) shall be as valid, and of like force and effect
within the United States, as if executed by or before a duly authorized
and competent notary public in the United States.
``(3) The signature of any person acting as a notary under
paragraph (1), when it appears with the title of that person's office,
is prima facie evidence that the signature is genuine, that the person
holds the designated title, and that the person is authorized to
perform a notarial act.''.
SEC. 3547. COMMERCIAL SERVICES.
Section 1102b (22 U.S.C. 3612b) is amended by adding at the end the
following new subsection:
``(e) The Commission may conduct and promote commercial activities
related to the management, operation, or maintenance of the Panama
Canal. Any such commercial activity shall be carried out consistent
with the Panama Canal Treaty of 1977 and related agreements.''.
SEC. 3548. TRANSFER FROM PRESIDENT TO COMMISSION OF CERTAIN REGULATORY
FUNCTIONS RELATING TO EMPLOYMENT CLASSIFICATION APPEALS.
Sections 1221(a) and 1222(a) (22 U.S.C. 3661(a), 3662(a)) are
amended by striking out ``President'' and inserting in lieu thereof
``Commission''.
SEC. 3549. ENHANCED PRINTING AUTHORITY.
Section 1306 (22 U.S.C. 3714b) is amended by striking out ``Section
501'' and inserting in lieu thereof ``Sections 501 through 517 and 1101
through 1123''.
SEC. 3550. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Clerical Amendments.--The table of contents in section 1 is
amended--
(1) by striking out the item relating to section 1210 and
inserting in lieu thereof the following:
``Sec. 1210. Air transportation.'';
(2) by striking out the items relating to sections 1215,
1219, and 1225;
(3) by inserting after the item relating to section 1232
the following new item:
``Sec. 1233. Transition separation incentive payments.'';
and
(4) by inserting after the item relating to the heading of
title III the following:
``Chapter 1--Procurement
``Sec. 3101. Procurement system.
``Sec. 3102. Panama Canal Board of Contract Appeals.''.
(b) Amendment To Reflect Prior Change in Compensation of
Administrator.--Section 5315 of title 5, United States Code, is amended
by striking out the following:
``Administrator of the Panama Canal Commission.''.
(c) Amendments To Reflect Change in Travel and Transportation
Expenses Authority.--(1) Section 5724(a)(3) of title 5, United States
Code, is amended by striking out ``, the Commonwealth of Puerto Rico,''
and all that follows through ``Panama Canal Act of 1979'' and inserting
in lieu thereof ``or the Commonwealth of Puerto Rico''.
(2) Section 5724a(j) of such title is amended--
(A) by inserting ``and'' after ``Northern Mariana
Islands,''; and
(B) by striking out ``United States, and'' and all that
follows through the period at the end and inserting in lieu
thereof ``United States.''.
(3) The amendments made by this subsection shall take effect on
January 1, 1999.
(d) Miscellaneous Technical Amendments.--
(1) Section 3(b) (22 U.S.C. 3602(b)) is amended by striking
out ``the Canal Zone Code'' and all that follows through
``other laws'' and inserting in lieu thereof ``laws of the
United States and regulations issued pursuant to such laws''.
(2)(A) The following provisions are each amended by
striking out ``the effective date of this Act'' and inserting
in lieu thereof ``October 1, 1979'': sections 3(b), 3(c),
1112(b), and 1321(c)(1).
(B) Section 1321(c)(2) is amended by striking out ``such
effective date'' and inserting in lieu thereof ``October 1,
1979''.
(C) Section 1231(c)(3)(A) (22 U.S.C. 3671(c)(3)(A)) is
amended by striking out ``the day before the effective date of
this Act'' and inserting in lieu thereof ``September 30,
1979''.
(3) Section 1102a(h), as redesignated by section
3546(a)(1), is amended by striking out ``section 1102B'' and
inserting in lieu thereof ``section 1102b''.
(4) Section 1110(b)(2) (22 U.S.C. 3620(b)(2)) is amended by
striking out ``section 16 of the Act of August 1, 1956 (22
U.S.C. 2680a),'' and inserting in lieu thereof ``section 207 of
the Foreign Service Act of 1980 (22 U.S.C. 3927)''.
(5) Section 1212(b)(3) (22 U.S.C. 3652(b)(3)) is amended by
striking out ``as last in effect before the effective date of
section 3530 of the Panama Canal Act Amendments of 1996'' and
inserting in lieu thereof ``as in effect on September 22,
1996''.
(6) Section 1243(c)(2) (22 U.S.C. 3681(c)(2)) is amended by
striking out ``retroactivity'' and inserting in lieu thereof
``retroactively''.
(7) Section 1341(f) (22 U.S.C. 3751(f)) is amended by
striking out ``sections 1302(c)'' and inserting in lieu thereof
``sections 1302(b)''.
TITLE XXXVI--MISCELLANEOUS PROVISIONS
SEC. 3601. COMMENDING MEXICO ON FREE AND FAIR ELECTIONS.
(a) Congress finds that--
(1) on July 6, 1997, elections were conducted in Mexico in
order to fill 500 seats in the Chamber of Deputies, 32 seats in
the 128 seat Senate, the office of the Mayor of Mexico City,
and local elections in a number of Mexican States;
(2) for the first time, the federal elections were
organized by the Federal Electoral Institute, an autonomous and
independent organization established under the Mexican
Constitution;
(3) more than 52 million Mexican citizens registered to
vote;
(4) eight political parties registered to participate in
the July 6, elections, including the Institutional
Revolutionary Party (PRI), the National Action Party (PAN), and
the Democratic Revolutionary Party (PRD);
(5) since 1993, Mexican citizens have had the exclusive
right to participate as observers in activities related to the
preparation and the conduct of elections;
(6) since 1994, Mexican law has permitted international
observers to be a part of the process;
(7) with 84 percent of the ballots counted, PRI candidates
received 38 percent of the vote for seats in the Chamber of
Deputies; while PRD and PAN candidates received 52 percent of
the combined vote;
(8) PRD candidate, Cuauhtemoc Cardenas Solorzano has become
the first elected Mayor of Mexico City, a post previously
appointed by the President; and
(9) PAN members will now serve as governors in seven of
Mexico's 31 States.
(b) It is the Sense of the Congress that--
(1) the recent Mexican elections were conducted in a free,
fair and impartial manner;
(2) the will of the Mexican people, as expressed through
the ballot box, has been respected by President Ernesto Zedillo
and officials throughout his administration; and
(3) President Zedillo, the Mexican Government, the Federal
Electoral Institute, the political parties and candidates, and
most importantly the citizens of Mexico should all be
congratulated for their support and participation in these very
historic elections.
SEC. 3602. SENSE OF CONGRESS REGARDING CAMBODIA.
(a) Findings.--The Congress finds that--
(1) during the 1970's and 1980's Cambodia was wracked by
political conflict, war and violence, including genocide
perpetrated by the Khmer Rouge from 1975 to 1979;
(2) the 1991 Paris Agreements on a Comprehensive Political
Settlement of the Cambodia Conflict set the stage for a process
of political accommodation and national reconciliation among
Cambodia's warring parties;
(3) the international community engaged in a massive, more
than $2,000,000,000 effort to ensure peace, democracy and
prosperity in Cambodia following the Paris Accords;
(4) the Cambodian people clearly demonstrated their support
for democracy when 90 percent of eligible Cambodian voters
participated in United Nations-sponsored elections in 1993;
(5) since the 1993 elections, Cambodia has made economic
progress, as evidenced by the decision last month of the
Association of Southeast Asian Nations to extend membership to
Cambodia;
(6) tensions within the ruling Cambodian coalition have
erupted into violence in recent months as both parties solicit
support from former Khmer Rouge elements, which had been
increasingly marginalized in Cambodian politics;
(7) in March, 19 Cambodians were killed and more than 100
were wounded in a grenade attack on political demonstrators
supportive of the Funcinpec and the Khmer Nation Party;
(8) during June fighting erupted in Phnom Penh between
forces loyal to First Prime Minister Prince Ranariddh and
second Prime Minister Hun Sen;
(9) on July 5, Second Prime Minister Hun Sen deposed the
First Prime Minister in a violent coup d'etat;
(10) forces loyal to Hun Sen have executed former Interior
Minister Ho Sok, and targeted other political opponents loyal
to Prince Ranariddh;
(11) democracy and stability in Cambodia are threatened by
the continued use of violence to resolve political tensions;
(12) the Administration has suspended assistance for one
month in response to the deteriorating situation in Cambodia;
(13) the Association of Southeast Asian Nations has decided
to delay indefinitely Cambodian membership.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the parties should immediately cease the use of
violence in Cambodia;
(2) the United States should take all necessary steps to
ensure the safety of American citizens in Cambodia;
(3) the United States should call an emergency meeting of
the United Nations Security Council to consider all options to
restore peace in Cambodia;
(4) the United States and ASEAN should work together to
take immediate steps to restore democracy and the rule of law
in Cambodia;
(5) United States assistance to the government of Cambodia
should remain suspended until violence ends, the democratically
elected government is restored to power, and the necessary
steps have been taken to ensure that the elections scheduled
for 1998 take place;
(6) the United States should take all necessary steps to
encourage other donor nations to suspend assistance as part of
a multilateral effort.
SEC. 3603. CONGRATULATING GOVERNOR CHRISTOPHER PATTEN OF HONG KONG.
(a) Congressional Findings.--The Congress finds that--
(1) His Excellency Christopher F. Patten, the now former
Governor of Hong Kong, was the twenty-eighth British Governor
to preside over Hong Kong, prior to that territory reverting
back to the People's Republic of China on July 1, 1997;
(2) Chris Patten was a superb administrator and an
inspiration to the people who he sought to govern;
(3) during his five years as Governor of Hong Kong, the
economy flourished under his stewardship, growing by more than
30 percent in real terms;
(4) Chris Patten presided over a capable and honest civil
service;
(5) common crime declined during his tenure, and the
political climate was positive and stable;
(6) Chris Patten's legacy to Hong Kong is the expansion of
democracy in Hong Kong's legislative council and a tireless
devotion to the rights, freedoms and welfare of Hong Kong's
people; and
(7) Chris Patten fulfilled the British commitment to ``put
in place a solidly based democratic administration'' in Hong
Kong prior to July 1, 1997.
(b) Sense of Congress.--It is the sense of the Congress that--
(1) Governor Chris Patten has served his country with great
honor and distinction; and
(2) he deserves special thanks and recognition from the
United States for his tireless efforts to develop and nurture
democracy in Hong Kong.
Passed the Senate July 11, 1997.
Attest:
Secretary.
105th CONGRESS
1st Session
S. 936
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AN ACT
To authorize appropriations for fiscal year 1998 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and for
other purposes.
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