[Congressional Record Volume 143, Number 34 (Monday, March 17, 1997)]
[Senate]
[Pages S2356-S2374]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. ROBB:
S. 448. A bill to amend the Solid Waste Disposal Act to authorize
local governments and Governors to restrict receipt of out-of-State
municipal solid waste, and for other purposes; to the Committee on
Environment and Public Works
the LOCAL GOVERNMENT INTERSTATE WASTE CONTROL ACT
Mr. ROBB. Mr. President, today, I introduce legislation which
will protect communities from being inundated with unwanted garbage
generated out-of-State. The essential thrust of the legislation is to
empower localities to
[[Page S2357]]
protect themselves from unwanted trash by allowing them to decide
whether landfills or incinerators located within their communities
should be permitted to accept out-of-State waste. It also seeks to
strike the appropriate balance between State and local authority.
Those of us who formerly served in State government are keenly aware
of the divisions of labor among the various levels of government. Due
to Supreme Court decisions regarding the U.S. Constitution's commerce
clause, disposing of trash implicates all three levels of government.
Under the commerce clause, only Congress is permitted to regulate
interstate commerce. Because the Supreme Court has determined that
garbage is commerce like any other commodity, States and localities
have been powerless to halt the disposal of waste disposed in their
jurisdictions which was generated outside the State. Thus the Federal
Government must determine how best to regulate this article of
commerce.
The role of the States in regulating the disposal of garbage centers
on its responsibility to protect the State's environment. Based on
environmental criteria, the States determine whether to issue permits
for the construction of landfills, and are charged with monitoring the
operation of landfills and incinerators to guarantee compliance with
environmental laws. My bill will not affect in any way the State's
right to enforce the States environmental standards.
The real responsibility for disposing of trash, however, has rested
historically with local governments. It is their responsibility to pick
up the trash and to find a place to put it down. Because this is the
locality's ultimate responsibility, and because the local community is
the one most directly affected by garbage imports, my bill delegates
primary authority regarding interstate waste to the local governments.
The legislation defines an affected local government as the political
subdivision of the State charged with making land use decisions. In my
view, if an elected body is competent to make decisions regarding the
use of land in the community, then it is certainly competent to
determine whether a landfill, already permitted under State law, should
be allowed to accept out-of-State waste.
Striking the right balance between State and local authority was only
half the battle. The other major issue implicated by placing
restrictions on out-of-State waste is how to treat existing facilities.
In many cases, existing facilities which accept out-of-State waste do
so in the face of local opposition. These communities understandably
want us to stop the garbage from flowing. It would not be fair,
however, to those who expended millions of dollars to build new
landfills in compliance with strict federal regulations to cut off
their commerce completely. Therefore, my measure balances these
interests by allowing the Governor of each State to limit the amount of
out-of-State waste which can be disposed of in an existing facility.
To finance new waste disposal facilities that meet stringent State
and Federal environmental regulations, some local governments are
cooperating with private developers to build these state-of-the-art
facilities. This cooperative relationship, however, can only florish if
the locality has some leverage over the developer. Under present law, a
local government is powerless to deny a zoning permit to a landfill
developer simply because waste from out-of-State will be disposed in
the landfill. If the local government is given the power to reject out-
of-State waste, it also will have the power to accept the waste, with
conditions. By allowing communities to have leverage at the bargaining
table, they can enter into host community agreements which are
beneficial to the locality and its neighbors.
In many instances, this can be a winning proposition for the local
community. The new landfill can be built at no cost to the community,
and the community can charge a host community fee which can be used to
reduce taxes or pay for other projects, such as building schools.
While inviting a landfill developer into a community may not be the
solution for every local government, it should remain an option for
those who choose to pursue it. And under my legislation, the local
government would not have to make such a decision alone. The
legislation requires the local government to consult with the Governor
and adjoining local governments before a decision is made.
More importantly, however, my legislation absolutely bans out-of-
State waste from new facilities unless a community affirmatively agrees
to the imports. This is important to many communities in my State,
mostly rural, that can fall prey under existing law to unscrupulous
landfill developers who, in their search for land, can run roughshod
over the wishes of the locality. I hope my colleagues will join with me
in supporting this legislation and protecting our communities from
unwanted out-of-State trash.
______
By Mr. KYL (for himself, Mr. Wyden, Mr. Kennedy, and Mr.
Hutchinson):
S. 449. A bill to prohibit the restriction of certain types of
medical communications between a health care provider and a patient; to
the Committee on Labor and Human Resources.
the patient right to know act
Mr. KYL. Mr. President, I rise to join my colleague, Senator Ron
Wyden, to introduce the Patient Right to Know Act. I also want to
commend my House colleagues, Representatives Greg Ganske and Ed Markey,
for their leadership on this issue.
procedural history
The Kyl-Wyden Patient Right to Know Act, originally offered as an
amendment on September 10, 1996 to the fiscal year 1997 Treasury,
Postal appropriations bill, received 51 bipartisan votes; but 60 votes
were required to overcome a procedural obstacle on the Senate floor.
the problem
Mr. President, the purpose of this legislation is to return to
patients their basic right to receive all relevant information from
their doctor, or provider, about costs, benefits, risks, and legal, and
appropriate treatment options that are important to their health. This
bill would allow doctors and other providers to comply with their
ethical and legal responsibility to fully inform patients of all their
reasonable and legal options, regardless of cost or coverage
limitations in a particular plan.
Some managed care plans forbid doctors and other providers from even
mentioning all legal and reasonable treatment options to patients,
either because the managed care plan's benefits will not pay for a
particular treatment, or because of the relative cost of different
treatments for the same condition offered by the plan.
In recent years, there have been media accounts of a few of the
countless individuals who have been denied care by physicians and plans
in an effort to control costs. In April 1994, ABC's ``20-20'' reported
on the case of a woman who was denied information about a bone-marrow
transplant to treat her breast cancer. In October 1995, CBS presented a
story about a woman who was denied information about and access to
specialists, and who was later diagnosed with cancer.
The national press has revealed the extent of this problem in
publications such as the New England Journal of Medicine and the New
York Times. For instance, the Times ran an article in September 22,
1996, entitled, the ``Tricky Business of Keeping Doctors Quiet.''
Americans have clearly noticed the deficiencies in some managed care
plans. In a 1996 poll by the Patient Access to Speciality Care
Coalition, 92.7 percent responded that it was very important that they
be told of all treatment options, and 53 percent believe that they do
not now receive enough information about how HMO's or managed care
plans make treatment decisions.
attempts at a solution
Sixteen State legislatures have addressed the existence of gag rules,
and several more are in the process of doing so.
The industry itself has acknowledged this problem, possibly realizing
that gag rules make good managed care companies look bad. On December
18, 1996, the American Association of Health Plans, which represents
over 1,000 providers and 140 million Americans, announced voluntary
guidelines
[[Page S2358]]
that would end the use of gag clauses by member plans.
Limited antigag regulations have been promulgated by the Health Care
Financing Administration that apply to Medicare and Medicaid managed
care insurance contracts.
However, this still leaves us without a systematic approach to the
problem. I believe we need a single, clear Federal standard, enforced
by the States, that provides consistent protection of medical
communications, for all health plan beneficiaries, no matter which
State they live in, or which health plan they buy. This is the only
certain way to stop individuals or entities whose goal is to reduce
costs--at the expense of health care quality--by restricting medical
communications between providers and patients.
the congress may and must act
It is clear that the Congress may act in this area since the offering
and operation of health plans affects commerce among the States.
It is also clear that the Congress must act. With the emphasis that
health care reform places on managed care, it is essential that the
Congress ensure that managed care techniques and procedures protect
patients and guarantee the integrity of the provider-patient
relationship.
Mr. President, gag clauses in health care provider contracts attack
the heart of the provider-patient relationship, and undermine the
fundamental factor in the healing process: trust. The Congress has a
substantial interest in preserving this relationship in the managed
care environment it helped to create.
This legislation is measured in its approach. It provides for State
enforcement of a clear, reasonable Federal standard. And, before a
floor vote, the legislation will include a conscience clause exception
for providers and entities. After months of good-faith, bipartisan
discussion, the precise legislative language to establish a conscience
clause exception to the gag rule has not yet been crafted.
However, all parties agree in principle that the rights and
prerogatives of health plans and individual providers who, for
religious or moral reasons, choose not to discuss certain treatments,
must be protected. The question is, how best to accomplish this.
I am committed to continuing to work with all interested parties to
achieve the greatest consensus possible on this critical issue. I will
continue to work to see that all interested parties have been heard on
this issue and the greatest amount of consensus possible has been
reached.
______
By Mr. THURMOND (for himself and Mr. Levin):
S. 450. A bill to authorize appropriations for fiscal years 1998 and
1999 for military activities of the Department of Defense, to prescribe
military personnel strengths for fiscal years 1998 and 1999, and for
other purposes; to the Committee on Armed Services.
the national defense authorization act for fiscal years 1998 and 1999
______
By Mr. THURMOND (for himself and Mr. Levin) (by request):
S. 451. A bill to authorize construction at certain military
installations for fiscal year 1998, and for other military construction
authorizations and activities of the Department of Defense; to the
Committee on Armed Services.
the military construction authorization act for fiscal year 1998
Mr. THURMOND. Mr. President, I am pleased to introduce, by request
and with the distinguished Senator from Michigan, the ranking minority
member of the Committee on Armed Services, the National Defense
Authorization Act for fiscal years 1998 and 1999 and the Military
Construction Authorization Act for fiscal year 1998. I ask unanimous
consent that the bills and their accompanying sectional analyses be
printed in the Record.
There being no objection, the bills were ordered to be printed in the
Record, as follows:
S. 450
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 Years 1998 and 1999''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Title I--Procuremrnt
authorization of appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide Activities.
Sec. 105. Defense Inspector General.
Sec. 106. Defense Health Program.
Sec. 107. Chemical Demilitarization Program.
Sec. 108. Transfer from the National Defense Stockpile Transaction
Fund.
Sec. 109. National Guard and Reserve Component Equipment: Annual Report
to Congress.
Title II--Research, Development, Test, and Evaluation
Sec. 201. Authorization of Appropriations.
Sec. 202. Permanent Authority to Provide for Use of Test and Evaluation
Installations by Commercial Entities.
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. Fisher House Trust Funds.
Sec. 305. Transfer from the National Defense Stockpile Transaction
Fund.
Sec. 306. Repeal of Defense Business Operations Fund.
Subtitle b--environmental provisions
Sec. 311. Amendments to Authority to Enter into Agreements with Other
Agencies in Support of Environmental Technology
Certification.
Sec. 312. Storage and Disposal of Nondefense Toxic and Hazardous
Materials.
subtitle c--other matters
Sec. 321. Programs to Commemorate the 50th Anniversaries of the
Marshall Plan and the Korean War.
Sec. 322. Admission of Civilian Students to the Naval Post Graduate
School.
Title IV--Military Personnel Authorizations
subtitle a--active forces
Sec. 401. End Strengths for Active Forces.
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.
Title V--Military Personnel Policy
subtitle a--officer personnel policy
Sec. 501. Authorization for Personnel to Serve in the Management of
Non-Federal Entities.
Sec. 502. Modifying Selection Board Eligibility.
Sec. 503. Limitations on Promotion Consideration Eligibility.
Sec. 504. Authority to Permit Non-Unit Assigned Officers to be
Considered by Vacancy Promotion Board to General Officer
Grades and for Officers to be Considered by a Vacancy
Promotion Board to General Officer Grades When Not
Serving in the Higher Graded Position.
Sec. 505. Exclusion of Certain Retired Members from the Limitation on
the Period of Recall to Active Duty.
subtitle b--enlisted personnel policy
Sec. 511. Authorization for the Naval Postgraduate School to Admit
Enlisted Members of the U.S. Naval Service, Army, Air
Force, and Coast Guard as Members.
Sec. 512. Scope of Participation in Community College of the Air Force.
Subtitle C--Reserve Personnel Policy
Sec. 521. Correction to retired Grade, General Rule Concerning
Nonregular Service.
Sec. 522. Grade Requirement for Involuntary Separation Board
Composition.
Subtitle D--Education Policy
Sec. 531. Protection of Educational Assistance Program Entitlements for
Selected Reserve Members Serving on Active Duty in
Support of a Contingency Operation.
Title VI--Compensation and Other Personnel Benefits
Subtitle A--Pay and Allowances
Sec. 601. Military Pay Raise for Fiscal Year 1998.
Sec. 602. Change in Requirements for Pay of Ready Reserve Muster Duty
Allowance.
Subtitle B--Bonuses and Special Pays
Sec. 611. Nuclear Qualified Officers: Bonuses and Special Pay.
Sec. 612. Incentive for Enlisted Members to Extend Tours of Duty
Overseas.
Sec. 613. Amendments to Selected Reserve Reenlistment Bonus.
Sec. 614. Amendments to Selected Reserve Prior Service Enlistment
Bonus.
Subtitle C--Allowances
Sec. 621. Travel and Transportation Allowances for Dependents Prior to
Approval of a Member's Court-Martial Sentence.
Sec. 622. Variable Housing Allowance at Location of Residence After a
Close Proximity Move.
[[Page S2359]]
Subtitle D--Other Matters
Sec. 631. Authorization for Reimbursement of Tax Liabilities Incurred
by Participants in the F. Edward Hebert Armed Forces
Health Professions Scholarship Program.
Sec. 632. Authorization for Increased Stipend Payments Made Under the
F. Edward Hebert Armed Forces Health Professions
Scholarship Program.
Title VII--Health Care Provisions
Sec. 701. Repeal of the Statutory Restriction on Use of Funds for
Abortions.
Sec. 702. Expanding the Limits Imposed on Providing Prosthetic Devices
to Military Health Care Beneficiaries.
Title VIII--Repeal of Acquisition Reports and Acquisition Policy
Subtitle A--Repeal of Certain Acquisition Reports
Sec. 801. Repeal of Acquisition Reports Required by Defense
Authorization Acts.
Sec. 802. Repeal of Extraneous Acquisition Reporting Requirements.
subtitle b--acquisition policy
Sec. 811. Use of Single Payment Date for Mixed Invoices.
Sec. 812. Retention of Expired Funds During the Pendency of Contract
Litigation.
Sec. 813. Expanding the Authority to Cross Fiscal Years to All
Severable Service Contracts Not Exceeding a Year.
Sec. 814. Small Arms Weapons Procurement Objectives for the Army.
Sec. 815. Availability of Simplified Procedures to Commercial Item
Procurements.
Sec. 816. Unit Cost Reports.
Sec. 817. Repeal of Additional Documentation Requirement for
Competition Exception for International Agreements.
Sec. 818. Elimination of Drug-Free Workplace Certification Requirement
for Grants.
Sec. 819. Vestiture of Title.
Sec. 820. Undefinitized Contract Actions.
Sec. 821. Authority of Directors of Department of Defense Agencies to
Lease Non-Excess Property.
Title IX--Department of Defense Organization and Management
Sec. 901. Amendment to Frequency of Providing Policy Guidance for
Contingency Plans.
Sec. 902. Revision of Membership Terms for Strategic Environmental
Research and Development Program Scientific Advisory
Board.
Sec. 903. Closure of the Uniform Services University of the Health
Sciences.
Sec. 904. Repeal of Requirement to Operate Naval Academy Dairy Farm,
Gambrills, Maryland.
Sec. 905. Inclusion of Information Resources Management College in the
National Defense University.
Title X--General Provisions
subtitle a--financial matters
Sec. 1001. Two-year Extension of Counterproliferation Authorities.
subtitle b--naval vessels
Sec. 1010. Negotiating Sales of Vessels Stricken from the Naval
Register.
Sec. 1011. Authority to Charter Vessel for Longer than Five Years In
Support of Surveillance Towed Array Sensor (Surtass)
Program.
Sec. 1012. Eighteen Month Shipbuilding Claims.
subtitle c--other matters
Sec. 1020. Arrest Authority for Special Agents of the Defense Criminal
Investigative Service.
Sec. 1021. Access to Pre-accession Offender Records.
Sec. 1022. Extension of Authority to Provide Additional Support For
Counter-Drug Activities of Mexico.
Sec. 1023. Asia-Pacific Center for Security Studies.
Sec. 1024. Protection of Certain Imagery and Geospatial Information and
Data.
Sec. 1025. National Guard Civilian Youth Opportunities Pilot Program.
Sec. 1026. Repeal of Annual Department of Defense Conventional Standoff
Weapons Master Plan and Report on Standoff Munitions.
Sec. 1027. Revisions to the Ballistic Missile Defense Act of 1995.
Sec. 1028. Repeal of Reporting Requirements, Special Operations Forces:
Training with Friendly Foreign Forces.
Subtitle D--Military Construction Provisions
Sec. 1031. Authority for the Secretary of the Army to Construct a
Heliport at Fort Irwin, California.
Sec. 1032. Repeal of Reports Required by Military Construction
Authorization Acts.
Sec. 1033. Financial Incentive for Energy Savings.
Sec. 1034. Water Conservation Financial Incentives.
Sec. 1035. Privatization of Government Owned Utility Systems.
Title XI--Department of Defense Civilian Personnel
Sec. 1101. Extension of Voluntary Separation Incentive Pay
Authorization.
Sec. 1102. Elimination of Time Limitation for Placement Consideration
of Involuntarily Separated Reserve Technicians.
Sec. 1103. Pay Practices When Overseas Teachers Transfer to General
Schedule Positions.
Sec. 1104. Citizenship Requirements for Staff of the George C. Marshall
Center for Security Studies.
Sec. 1105. Preservation of Civil Service Rights for Employees of the
Former Defense Mapping Agency.
Sec. 1106. Authorization for the Marine Corps University to Employ
Civilian Professors.
Title I--Procurement
authorization of appropriations
SEC. 101. ARMY
(a) Aircraft.--Funds are hereby authorized to be
appropriated for procurement of aircraft for the Army as
follows:
(1) $1,162,459,000 for fiscal year 1998.
(2) $1,240,541,000 for fiscal year 1999.
(b) Missiles.--Funds are hereby authorized to be
appropriated for procurement of missiles for the Army as
follows:
(1) $1,178,151,000 for fiscal year 1998.
(2) $1,541,375,000 for fiscal year 1999.
(c) Weapons and Tracked Combat Vehicles.--Funds are hereby
authorized to be appropriated for procurement of weapons and
tracked combat vehicles for the Army as follows:
(1) $1,065,707,000 for fiscal year 1998.
(2) $1,475,106,000 for fiscal year 1999.
(d) Ammunition.--Funds are hereby authorized to be
appropriated for procurement for ammunition for the Army as
follows:
(1) $890,902,000 for fiscal year 1998.
(2) $975,973,000 for fiscal year 1999.
(e) Other Procurement.--Funds are hereby authorized to be
appropriated for procurement for ammunition for the Army as
follows:
(1) $2,455,030,000 for fiscal year 1998.
(2) $3,139,830,000 for fiscal year 1999.
SEC. 102. NAVY AND MARINE CORPS.
(a) Aircraft.--Funds are hereby authorized to be
appropriated for procurement of aircraft for the Navy as
follows:
(1) $6,085,965,000 for fiscal year 1998.
(2) $7,669,355,000 for fiscal year 1999.
(b) Weapons.--Funds are hereby authorized to be
appropriated for procurement of weapons (including missiles
and torpedoes) for the Navy as follows:
(1) $1,136,293,000 for fiscal year 1998.
(2) $1,435,740,000 for fiscal year 1999.
(c) Navy and Marine Corps Ammunition.--Funds are hereby
authorized to be appropriated for ammunition for the Navy and
Marine Corps as follows:
(1) $336,797,000 for fiscal year 1998.
(2) $502,625,000 for fiscal year 1999.
(d) Shipbuilding and Conversion.--Funds are hereby
authorized to be appropriated for shipbuilding and conversion
for the Navy as follows:
(1) $7,438,158,000 for fiscal year 1998.
(2) $5,958,044,000 for fiscal year 1999.
(e) Other Procurement, Navy.--Funds are hereby authorized
to be appropriated for other procurement for the Navy as
follows:
(1) $2,825,500,000 for fiscal year 1998.
(2) $4,185,375,000 for fiscal year 1999.
(f) Marine Corps.--Funds are hereby authorized to be
appropriated for procurement for the Marine Corps as follows:
(1) $374,306,000 for fiscal year 1998.
(2) $695,536,000 for fiscal year 1999.
SEC. 103. AIR FORCE.
(a) Aircraft.--Funds are hereby authorized to be
appropriated for procurement of aircraft for the Air Force as
follows:
(1) $5,817,847,000 for fiscal year 1998.
(2) $8,079,811,000 for fiscal year 1999.
(b) Missiles.--Funds are hereby authorized to be
appropriated for procurement of missiles for the Air Force as
follows:
(1) $255,774,000 for fiscal year 1998.
(2) $2,892,106,000 for fiscal year 1999.
(c) Ammunition.--Funds are hereby authorized to be
appropriated for ammunition for the Air Force as follows:
(1) $403,984,000 for fiscal year 1998.
(2) $456,503,000 for fiscal year 1999.
(d) Other Procurement.--Funds are hereby authorized to be
appropriated for other procurement for the Air Force as
follows:
(1) $6,561,253,000 for fiscal year 1998.
(2) $6,754,879,000 for fiscal year 1999.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for Defense-
wide procurement as follows:
(1) $1,695,085,000 for fiscal year 1998.
(2) $2,616,431,000 for fiscal year 1999.
SEC. 105. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for
procurement for the Inspector General of the Department of
Defense as follows:
(1) $1,800,000 for fiscal year 1998.
(1) $1,100,000 for fiscal year 1999.
SEC. 106. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for
procurement for carrying out health care programs, projects,
and activities of the Department of Defense as follows:
[[Page S2360]]
(1) $274,068,000 for fiscal year 1998.
(1) $246,133,000 for fiscal year 1999.
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.
Funds are hereby authorized to be appropriated for the
destruction of lethal chemical weapons in accordance with
section 1412 of the Department of Defense Authorization Act,
1986 (50 U.S.C. 1521) and the destruction of chemical warfare
material of the United States that is not covered by section
1412 of such Act as follows:
(1) $620,700,000 for fiscal year 1998.
(2) $1,094,200,000 for fiscal year 1999.
SEC. 108. TRANSFER FROM THE NATIONAL DEFENSE STOCKPILE
TRANSACTION FUND.
(A) Transfer Authority.--To the extent provided in
appropriations Acts, not more than $400,000,000 is authorized
to be transferred from the National Defense Stockpile
Transaction Fund to procurement accounts for fiscal year 1998
in amounts as follows:
(1) For Aircraft Procurement, Army, $133,000,000.
(2) For Aircraft Procurement, Navy, $134,000,000.
(3) For Aircraft Procurement, Air Force, $133,000,000.
(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.
SEC. 109. NATIONAL GUARD AND RESERVE COMPONENT EQUIPMENT:
ANNUAL REPORT TO CONGRESS.
Section 10541(b)(5)(A) of title 10, United States Code, is
amended by striking ``, shown in accordance with deployment
schedules and requirements over successive 30-day periods
following mobilization''.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
(a) Fiscal Year 1998.--Funds are hereby authorized to be
appropriated for fiscal year 1998 for the use of the Armed
Forces for research, development, test, and evaluation, as
follows:
(1) For the Army, $4,510,843,000.
(2) For the Navy, $7,611,022,000.
(3) For the Air Force, $14,451,379,000.
(4) For Defense-wide activities, $9,361,247,000, of which--
(i) $268,183,000 is authorized for the activities of the
Director, Test and Evaluation; and
(ii) $23,384,000 is authorized for the Director of
Operational Test and Evaluation.
(b) Fiscal Year 1999.--Funds are hereby authorized to be
appropriated for fiscal year 1999 for the use of the Armed
Forces for research, development, test, and evaluation, as
follows:
(1) For the Army, $4,496,724,000.
(2) For the Navy, $7,756,314,000.
(3) For the Air Force, $13,799,985,000.
(4) For Defense-wide activities, $8,991,567,000, of which--
(i) $278,767,000 is authorized for the activities of the
Director, Test and Evaluation; and
(ii) $23,447,000 is authorized for the Director of
Operational Test and Evaluation.
SEC. 202. PERMANENT AUTHORITY TO PROVIDE FOR USE OF TEST AND
EVALUATION INSTALLATIONS BY COMMERCIAL
ENTITIES.
Section 2681 of title 10, United States Code, is amended--
(1) by striking subsection (g); and
(2) by redesignating subsection (h) as subsection (g).
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization Of Appopriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
(a) Fiscal Year 1998.--Funds are hereby authorized to be
appropriated for fiscal year 1998 for the use of the Armed
Forces of the United States and other activities and agencies
of the Department of Defense, for expenses, not otherwise
provided for, for operation and maintenace, in amounts as
follows:
(1) For the Army, $17,215,484,000.
(2) For the Navy, $21,581,130,000.
(3) For the Marine Corps, $2,305,345,000.
(4) For the Air Force, $18,910,785,000.
(5) For Defense-wide activities, $10,403,938,000.
(6) For the Army Reserve, $1,192,891,000.
(7) For the Naval Reserve, $834,711,000.
(8) For the Marine Corps Reserve, $110,366,000.
(9) For the Air Force Reserve, $1,624,420,000.
(10) For the Army National Guard, $2,258,932,000.
(11) For the Air National Guard, $2,991,219,000.
(12) For the Defense Inspector General, $136,580,000.
(13) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $652,582,000.
(14) For the United States Court of Appeals for the Armed
Forces, $6,952,000.
(15) For Environmental Restoration, Army, $377,337,000.
(16) For Environmental Restoration, Navy, $277,500,000.
(17) For Environmental Restoration, Air Force,
$378,900,000.
(18) For Environmental Restoration, Defense-wide,
$27,900,000.
(19) For Environmental Restoration, Formerly Used Defense
Sites, $202,300,000.
(20) For Medical Programs, Defense, $9,766,582,000.
(21) For Overseas Humanitarian, Disaster, and Civic Aid,
$80,130,000.
(22) For Former Soviet Union Threat Reduction,
$382,200,000.
(23) For the Overseas Contingency Operations Transfer Fund,
$1,467,500,000.
(24) For the Kaho'olawe Island Conveyance, Remediation, and
Environmental Restoration Trust Fund, $10,000,000.
(b) Fiscal Year 1999.--Funds are hereby authorized to be
appropriated for fiscal year 1999 for the use of the Armed
Forces of the United States and other activities and agencies
of the Department of Defense, for expenses, not otherwise
provided for, for operation and maintenance, in amounts as
follows:
(1) For the Army, $16,891,339,000.
(2) For the Navy, $21,518,405,000.
(3) For the Marine Corps, $2,403,946,000.
(4) For the Air Force, $18,628,356,000.
(5) For the Defense Agencies, $10,542,807,000.
(6) For the Army Reserve, $1,209,605,000.
(7) For the Naval Reserve, $858,057,000.
(8) For the Marine Corps Reserve, $115,481.000.
(9) For the Air Force Reserve, $1,631,287,000.
(10) For the Army National Guard, $2,366,670,000.
(11) For the Air National Guard, $2,981,789,000.
(12) For the Defense Inspector General, $133,798,000.
(13) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $652,182,000.
(14) For the United States Court of Appeals for the Armed
Forces, $6,950,000.
(15) For Environmental Restoration, Army, $385,640,000.
(16) For Environmental Restoration, Navy, $287,600,000.
(17) For Environmental Restoration, Air Force,
$387,100,000.
(18) For Environmental Restoration, Defense-wide,
$25,600,000.
(19) For Environmental Restoration, Formerly Used Defense
Sites, $202,100,000.
(20) For Medical Programs, Defense, $9,496,849,000.
(21) For Overseas Humanitarian, Disaster, and Civic Aid,
$51,211,000.
(22) For Former Soviet Union Threat Reduction,
$344,700,000.
SEC. 302. WORKING CAPITAL FUNDS.
(a) Fiscal Year 1998.--Funds are hereby authorized to be
appropriated for fiscal year 1998 for the use of the Armed
Forces of the United States and other activities and agencies
of the Department of Defense for providing capital for
working capital and revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds, $33,400,000.
(2) For the National Defense Sealift Fund, $1,191,426,000.
(3) For the Military Commissary Fund, $938,552,000.
(b) Fiscal Year 1999.--Funds are hereby authorized to be
appropriated for fiscal year 1999 for the use of the Armed
Forces of the United States and other activities and agencies
of the Department of Defense for providing capital for
working capital and revolving funds, in amounts as follows:
(1) For the Defense Working Capital Funds, $30,800,000.
(2) For the National Defense Sealift Fund, $689,994,000.
(3) For the Military Commissary Fund, $938,694,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated from the
Armed Forces Retirement Home Trust Fund for the operation of
the Armed Forces Retirement Home, including the United States
Soldiers' and Airmen's Home and the Naval Home, as follows:
(1) $79,977,000 for fiscal year 1998.
(2) $73,332,000 for fiscal year 1999.
SEC. 304. FISHER HOUSE TRUST FUNDS.
There are hereby authorized to be appropriated for fiscal
years 1998 and 1999 from the Fisher House Trust Fund,
Department of the Army; the Fisher House Trust Fund,
Department of the Navy, and from the Fisher House Trust Fund,
Department of the Air Force, amounts which are available
during fiscal years 1998 and 1999 in each such Trust fund for
the operation and maintenance of the Fisher Houses of the
Army, the Navy, and the Air Force.
SEC. 305. TRANSFER FROM THE 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 expanded for an item that has been denied
authorization of appropriations by Congress.
SEC. 306. REPEAL OF DEFENSE BUSINESS OPERATIONS FUNDS.
(a)(1) Repeal.--Section 2216a of title 10, United States
Code, is repealed.
(2) Conforming Amendment.--The table of sections for
chapter 131 of title 10, United
[[Page S2361]]
States Code, is amended by striking the item relating to
section 2216a.
(b) Depreciation Costs.--Section 2208(c) of title 10,
United States Code, is amended by inserting before the period
at the end ``, including amounts for depreciation of capital
assets, set in accordance with generally accepted accounting
principles''.
(c) Contracting for Capital Assets.--Section 2208 of title
10, United States Code, is amended by adding at the end the
following new subsection (1):
``(l)(1) The Secretary of Defense may award contracts for
capital assets of a working capital fund in advance of the
availability of funds in the working capital fund.
``(2) In this section, the term `capital assets' means the
following capital assets that have a development or
acquisition cost of not less than $100,000:
``(A) Minor construction projects financed by a working
capital fund pursuant to section 2805(c)(1) of this title.
``(B) Automatic data processing equipment, software.
``(C) Equipment other than equipment described in
subparagraph (B).
``(D) Other capital improvements.''.
Subtitle B--Environmental Provisions
SEC. 311. AMENDMENTS TO AUTHORITY TO ENTER INTO AGREEMENTS
WITH OTHER AGENCIES IN SUPPORT OF ENVIRONMENTAL
TECHNOLOGY CERTIFICATION.
Section 327 of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2483) is
amended--
(1) in subsection (a), by inserting ``, or with an Indian
tribe,'' after ``with an agency of a State or local
government''; and
``(2) in subsection (b)(1), by striking ``in carrying out
its environmental restoration activities''.
SEC. 312. STORAGE AND DISPOSAL OF NONDEFENSE TOXIC AND
HAZARDOUS MATERIALS.
Section 2692 of title 10, United States Code, is amended--
``(1) in subsection (a)(1)--
(A) by inserting ``with respect to materials that will be
or have been used in connection with an activity of the
Department of Defense or in connection with a service to be
performed for the benefit of the Department of Defense, or''
after ``Except''; and
``(B) by inserting ``or by a service member or dependent
living on that installation'' after ``is not owned by the
Department of Defense''; and
``(2) in subsection (b)(8)--
``(A) by striking ``by a private person'';
``(B) by striking ``by that person of an industrial-type''
and inserting in lieu thereof ``of a''; and
``(C) by inserting ``including the use of a space launch
facility located on a Department of Defense installation or
on other land controlled by the United States, and including
the use of Department of Defense facilities for testing
material or training personnel'' after ``facility of the
Department of Defense''; and
(3) in subsection (b)(9)--
(A) by striking ``by a private person'';
(B) by striking ``commercial'';
(C) by striking ``by that person of an industrial-type''
and inserting in lieu thereof ``of a'';
(D) by striking ``with that person'' and inserting in lieu
thereof ``with the prospective user''; and
(E) in subparagraph (B), by striking ``for that person's''
and inserting in lieu thereof ``for the prospective user's''.
Subtitle C--Other Matters
SEC. 321. PROGRAMS TO COMMEMORATE THE 50TH ANNIVERSARIES OF
THE MARSHALL PLAN AND THE KOREAN WAR.
(a) In General.--The Secretary of Defense may--
(1) during fiscal year 1997, conduct a program to
commemorate the 50th anniversary of the Marshall Plan;
(2) during fiscal years 1998 through 2003, conduct a
program to commemorate the 50th anniversary of the Korean
War; and
(3) coordinate, support, and facilitate other programs and
activities of the Federal Government, State and local
governments, and other persons in commemoration of the
Marshall Plan or in commemoration of the Korean War during
the time periods established in this subsection for each
program, respectively.
(b) Use of Funds.--During fiscal years 1997 through 2003,
funds appropriated to the Department of Defense for Operation
and Maintenance, Army shall be available to conduct the
programs referred to in subsection (a).
(c) Program Activities.--The program referred to in
subsection (a) may include activities and ceremonies--
(1) to provide the people of the United States with a clear
understanding and appreciation of the Marshall Plan;
(2) to pay tribute to General George C. Marshall for a
lifetime of service to the United States;
(3) to provide the people of the United States with a clear
understanding and appreciation of the lessons and history of
the Korean War;
(4) to thank and honor veterans of the Korean War and their
families;
(5) to pay tribute to the sacrifices and contributions made
on the home front by the people of the United States;
(6) to highlight advances in technology, science, and
medicine related to military research conducted during the
Korean War;
(7) to recognize the contributions and sacrifices made by
Korean War allies of the United States; and
(8) to highlight the role of the Armed Forces of the United
States, then and now, in maintaining world peace through
strength.
(d) Authority of the Secretary.--(1) In connection with the
programs referred to in subsection (a), the Secretary of
Defense may adopt, use and register as trademarks and service
marks: emblems, signs, insignia, or words. The Secretary
shall have the exclusive right to use such emblems, signs,
insignia or words, subject to the preexisting rights
described in paragraph (3), and may grant exclusive or
nonexclusive licenses in connection therewith.
(2) Without the consent of the Secretary of Defense, any
person who knowingly uses any emblem, sign, insignia, or word
adopted, used or registered as a trademark or service mark by
the Secretary in accordance with paragraph (1), or any
combination or simulation thereof tending to cause confusion,
to cause mistake, to deceive, or to falsely suggest a
connection with the program referred to in subsection (a),
shall be subject to suit in a civil action by the Attorney
General, upon complaint by the Secretary of Defense, for the
remedies provided in the Act of July 5, 1946, (60 Stat. 427;
commonly known as the ``Trademark Act of 1945'') (15 U.S.C.
1051 et seq.).
(3) Any person who used an emblem, sign, insignia, or word
adopted, used, or registered as a trademark or service mark
by the Secretary in accordance with paragraph (1), or any
combination or simulation thereof, for any lawful purpose
before such adoption, use, or registration as a trademark or
service mark by the Secretary is not prohibited by this
section from continuing such lawful use for the same purpose
and for the same goods or services.
(e) Establishment of Account.--(1) There is established in
the Treasury of the United States an account to be known as
the ``Department of Defense 50th Anniversary of the Marshall
Plan and Korean War Commemoration Account which shall be
administered by the Secretary of Defense as a single account.
There shall be deposited into the account all proceeds
derived from activities described in subsection (d).
(2) The Secretary may use the funds in the account
established in paragraph (1) only for the purposes of
conducting the programs referred to in subsection (a).
(3) Not later than 60 days after the termination of the
authority of the Secretary to conduct the commemoration
programs referred to in subsection (a), the Secretary shall
transmit to the Committee on Armed Services of the Senate and
the Committee on National Security of the House of
Representatives a report containing an account of all the
funds deposited into and expended from the account or
otherwise expended under this section, and of any amount
remaining in the account. Unobligated funds which remain in
the account after termination of the authority of the
Secretary under this section shall be held in the account
until transferred by law after the Committees receive the
report.
(f) Provision of Voluntary Services.--(1) Notwithstanding
section 1342 of title 31, United States Code, the Secretary
of Defense may accept from any person voluntary services to
be provided in furtherance of the programs referred to in
subsection (a).
(2) A person providing voluntary services under this
subsection shall be considered to be an employee for the
purposes of chapter 81 of title 5, United States Code,
relating to compensation for work-related injuries, and for
purposes of standards of conduct and the provisions of
sections 202, 203, 205, 207, 208, and 209 of title 18, United
States Code, shall be considered a special government
employee. Such a person who is not otherwise employed by the
Federal Government shall not be considered to be a Federal
employee for any other purposes by reason of the provision of
such service.
(3) The Secretary of Defense may provide for reimbursement
of incidental expenses which are incurred by a person
providing voluntary services under this subsection. The
Secretary of Defense shall determine which expenses are
eligible for reimbursement under this paragraph.
SEC. 322. ADMISSION OF CIVILIAN STUDENTS TO THE NAVAL
POSTGRADUATE SCHOOL.
(a) Naval Postgraduate School: Admission.--Section 7047 of
title 10, United States Code, is amended to read as follows:
``Sec. 7047. Admission of Civilians.
``(a) Admission Pursuant to Reciprocal Agreement.--Under
regulations prescribed by the Secretary of the Navy, the
Superintendent of the Naval Postgraduate School may enter
into an agreement with an accredited institution of higher
education (or a consortium of such institutions) to permit a
student described in subsection (c) who is enrolled at the
institution to receive instruction at the Naval Postgraduate
School on a tuition-free basis. In exchange of the admission
of the student under this subsection, the accredited
institution of higher education shall enroll, on a tuition-
free basis, an officer of the armed forces or other person
properly admitted for instruction at the Naval Postgraduate
School in courses offered by that institution corresponding
in length to the instruction provided to the student at the
Naval Postgraduate School.
``(b) Admission on a Space Available Basis.--Under
regulations prescribed by the Secretary of the Navy, the
Superintendent of the Naval Postgraduate School may permit a
student described in subsection (c), who is enrolled at an
accredited institution of higher education that is a party to
an agreement
[[Page S2362]]
under subsection (a), to receive instruction at the Naval
Postgraduate School on a cost-reimbursable, space-available
basis.
``(c) Eligible Students.--A student enrolled at an
accredited institution of higher education may be admitted to
the Naval Postgraduate School under subsection (a) or (b) if:
``(1) the student is a citizen of the United States or is
lawfully admitted for permanent residence in the United
States;
``(2) the Superintendent determines that the student has a
demonstrated ability in a field of study designated by the
Superintendent as related to naval warfare, armed conflict or
national security; and
``(3) the student meets the academic requirements for
admission to the Naval Postgraduate School.
``(d) Retention of Funds Collected.--Amounts collected
under subsection (b) to reimburse the Naval Postgraduate
School for the costs of providing instruction to students
permitted to attend the Naval Postgraduate School under this
section shall be credited as an addition to the appropriation
supporting the operation and maintenance of the Naval
Postgraduate School.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 605 of title 10, United States Code, is
amended by striking out the item relating to section 7047 and
inserting in lieu thereof the following new item:
``7047. Admission of civilians.''.
TITLE IV--PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
(a) Fiscal Year 1998.--The Armed Forces are authorized
strengths for active duty personnel as of September 30, 1998,
as follows:
(1) The Army, 495,000.
(2) The Navy, 390,802.
(3) The Marine Corps, 174,000.
(4) The Air Force, 371,577.
(b) Fiscal Year 1999.--The Armed Forces are authorized
strengths for active duty personnel as of September 30, 1999,
as follows:
(1) The Army, 495,000.
(2) The Navy, 384,888.
(3) The Marine Corps, 174,000.
(4) The Air Force, 370,821.
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, 366,516.
(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, 107,377.
(6) The Air Force Reserve, 73,431.
(7) The Coast Guard Reserve, 8,000.
(b) Fiscal Year 1999.--The Armed Forces are authorized
strengths for Selected Reserve personnel of the reserve
components as of September 30, 1999, as follows:
(1) The Army National Guard of the United States, 366,516.
(2) The Army Reserve, 208,000.
(3) The Naval Reserve, 93,582.
(4) The Marine Corps Reserve, 42,000.
(5) The Air National Guard of the United States, 107,049.
(6) The Air Force Reserve, 73,703.
(7) The Coast Guard Reserve, 8,000.
(c) Waiver Authority.--The Secretary of Defense may vary
the end strength authorized by subsection (a) or subsection
(b) by not more than 2 percent.
(d) Adjustments.--The end strengths prescribed by
subsection (a) or (b) for the Selected Reserve of any reserve
component shall be proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component
which are on active duty (other than for training) at the end
of the fiscal year, and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
Whenever such units or such individual members are released
from active duty during any fiscal year, the end strength
prescribed for such fiscal year for the Selected Reserve of
such reserve component shall be proportionately increased by
the total authorized strengths of such units and by the total
number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN
SUPPORT OF THE RESERVES.
(a) Fiscal Year 1998.--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, 10,616.
(6) The Air Force Reserve, 963.
(b) Fiscal Year 1999.--Within the end strengths prescribed
in section 411(b), the reserve components of the Armed Forces
are authorized, as of September 30, 1999, the following
number of Reserves to be serving on full-time active duty or
full-time duty, in the case of members of the National Guard,
for the purpose of organizing, administering, recruiting,
instructing, or training the reserve components:
(1) The Army National Guard of the United States, 21,380.
(2) The Army Reserve, 11,450.
(3) The Naval Reserve, 16,073.
(4) The Marine Corps Reserve, 2,559.
(5) The Air National Guard of the United States, 10,704.
(6) The Air Force Reserve, 984.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. AUTHORIZATION FOR PERSONNEL TO SERVE IN THE
MANAGEMENT OF NON-FEDERAL ENTITIES.
(a) In General.--Chapter 53 of title 10, United States
Code, is amended by inserting after section 1032 the
following:
``Sec. 1033. Participation in the management of non-Federal
entities
``(a) A Secretary concerned may authorize members of the
armed forces or officers and employees of the military
department concerned or the Department of Transportation when
the Coast Guard is not operating as a service in the Navy, as
part of their official duties, to serve as directors,
officers, trustees, or otherwise participate, without
compensation, in the management of a military welfare society
and other designated entities.
``(b) For purposes of this section--
``(1) `military welfare society' means the:
``(A) Army Emergency Relief;
``(B) Air Force Aid Society;
``(C) Navy-Marine Corps Relief Society;
``(D) Coast Guard Mutual Assistance; and
``(2) `other designated entities' means:
``(A) entities, including athletic conferences, regulating
and supporting the athletics programs of the service
academies;
``(B) entities regulating international athletic
competitions;
``(C) entities, including regional agencies, which accredit
service academies and other schools of the armed forces; and
``(D) entities, including health care associations and
professional societies, regulating and supporting the
performance, standards and policies of military health
care.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter 53 of title 10 is amended by
inserting after the item relating to section 1032 the
following:
``Sec. 1033. Participation in management of non-Federal entities.''.
SEC. 502. MODIFYING SELECTION BOARD ELIGIBILITY.
Section 691(d) of title 10, United States Code, is amended
in paragraph (1) by inserting ``or board report'' after
``promotion list''.
SEC. 503. LIMITATIONS ON PROMOTION CONSIDERATION ELIGIBILITY.
Subsection 14301(c) of title 10, United States Code, is
amended by striking paragraph (1) and inserting in lieu
thereof the following new paragraph:
``(1) an officer whose name is on a promotion list or a
board report 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;''.
SEC. 504. AUTHORITY TO PERMIT NON-UNIT ASSIGNED OFFICERS TO
BE CONSIDERED BY VACANCY PROMOTION BOARD TO
GENERAL OFFICER GRADES AND FOR OFFICERS TO BE
CONSIDERED BY A VACANCY PROMOTION BOARD TO
GENERAL OFFICER GRADES WHEN NOT SERVING IN THE
HIGHER GRADED POSITION.
(A) Convening of Selection Boards.--Section 14101(a)(2) of
title 10, United States Code, is amended by striking
``(except in the case of a board convened to consider
officers as provided in section 14301(e) of this title''.
(b) Eligibility for Consideration.--Section 14301 of title
10, United States Code, is amended--
(1) by striking subsection (e); and
(2) by redesignating subsections (f) and (g) as subsections
(e) and (f), respectively.
(c) General Officer Promotions.--Section 14308 of title 10
is amended--
(1) in subsection (e)(2), by inserting ``a grade below
colonel in'' after ``(2) an officer in''; and
(2) by striking the first sentence in subsection (g) and
inserting in lieu thereof the following new sentence: ``A
reserve officer of the Army who is on a promotion list for
promotion to the grade of brigadier general or major general
as a result of selection by a vacancy promotion board may be
promoted to that grade to fill a vacancy in the Army Reserve
in that grade.''.
(d) Vacancy Promotions.--Section 14315(b)(1)(A) of title 10
is amended to read as follows:
``(A) is eligible for assignment to the duties of a general
officer of the next higher reserve grade in the Army
Reserve,''.
SEC. 505. EXCLUSION OF CERTAIN RETIRED MEMBERS FROM THE
LIMITATION OF THE PERIOD OF RECALL TO ACTIVE
DUTY.
Section 688(e) of title 10, United States Code, is
amended--
(1) by designating the current sentence as paragraph (1);
and
(2) by adding at the end the following new paragraph:
[[Page S2363]]
``(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 the duty with the American
Battle Monuments Commission for the period of active duty to
which assigned.''.
Subtitle B--Enlisted Personnel Policy
SEC. 511. AUTHORIZATION FOR THE NAVAL POSTGRADUATE SCHOOL TO
ADMIT ENLISTED MEMBERS OF THE U.S. NAVAL
SERVICE, ARMY, AIR FORCE, AND COAST GUARD AS
STUDENTS.
(a) Other United States Military Personnel Authorized To
Attend.--Section 7045 of such title 10 is amended to read as
follows:
``Sec. 7045. Other United States military personnel:
admission
``(a)(1) The Secretary of the Navy may permit officers of
the Army, Air Force, and Coast Guard to receive instruction
at the Naval Postgraduate School. The numbers and grades of
such officers shall be agreed upon by the Secretary of the
Navy with the Secretaries of the Army, Air Force, and
Transportation, respectively.
``(2) The Superintendent may permit enlisted members of the
U.S. Naval Service, Army, Air Force, or Coast Guard who are
assigned to the Naval Postgraduate School, or to nearby
commands, to receive instruction at the Naval Postgraduate
School on a ``space-available'' basis.
``(b) The Department of the Army, the Department of the Air
Force, and the Department of Transportation shall bear the
cost of the instruction received by the students detailed for
that instruction by the Secretaries of the Army, Air Force,
and Transportation, respectively.
``(c) While receiving instruction at the Postgraduate
School, officers and enlisted students of the Army, Air
Force, and Coast Guard are subject to regulations, as
determined appropriate by the Secretary of the Navy, as apply
to students who are members of the naval service.''; and
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 605 of such title 10 is amended by
striking the item relating to section 7045 and inserting in
lieu thereof the following new item:
``Sec. 7045. Other United States military personnel: admission.''.
SEC. 512. SCOPE OF PARTICIPATION IN COMMUNITY COLLEGE OF THE
AIR FORCE.
(a) Limited Expansion.--Section 9315(a)(1) of title 10,
United States Code, is amended to read as follows:
``(1) prescribe programs of higher education for enlisted
members of the Air Force, for enlisted members of other armed
forces attending Air Force training schools whose jobs are
closely related to Air Force jobs, and enlisted members of
other armed forces who are serving as instructors at Air
Force training schools, designed to improve the technical,
managerial, and related skills of such members and to prepare
such members for military jobs which require the utilization
of such skills; and''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to enrollments in the Community
College of the Air Force after March 31, 1996.
Subtitle C--Reserve Personnel Policy
SEC. 521. CORRECTION TO RETIRED GRADE, GENERAL RULE
CONCERNING NONREGULAR SERVICE.
(A) Retired Grade of Army Officer.--Subsection 3961(a) of
title 10, United States Code, is amended by striking ``or for
nonregular service under chapter 1223 of this title,''.
(b) Retired Grade of Air Force Officer.--Subsection 8961(a)
of title 10, United States Code, is amended by striking ``or
for nonregular service under chapter 1223 of this title,''.
SEC. 522. GRADE REQUIREMENT FOR INVOLUNTARY SEPARATION BOARD
COMPOSITION.
Section 14906(a)(2) of title 10, United States Code, is
amended by striking ``above lieutenant colonel or commander''
and inserting in lieu thereof ``of lieutenant colonel or
commander or higher,''.
Subtitle D--Education Policy
SEC. 531. PROTECTION OF EDUCATIONAL ASSISTANCE PROGRAM
ENTITLEMENTS FOR SELECTED RESERVE MEMBERS
SERVING ON ACTIVE DUTY IN SUPPORT OF A
CONTINGENCY OPERATION.
(a) Extension of Educational Assistance.--Section 16131(c)
of title 10, United States Code, is amended in paragraph
(3)(B)(i)--
(1) by striking ``, in connection with the Persian Gulf
War,''; and
(2) by inserting ``or in support of a contingency operation
as defined in subsection 101(13) of this title'' after ``of
this title''.
(b) Extension of 10-Year Period of Availability.--Section
16133(b) of title 10, United States Code, is amended in
paragraph (4)(A)--
(1) by striking ``, during the Persian Gulf War,'';
(2) by inserting ``or in support of a contingency
operation as defined in subsection 101(13) of this title''
after ``of this title''; and
(3) by striking subparagraph (4)(B).
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
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 and BAQ.--Effective on January 1,
1998, the rates of basic pay and basic allowance for quarters
of members of the uniformed services are increased by 2.8
percent.
SEC. 602. CHANGE IN REQUIREMENTS FOR PAY OF READY RESERVE
MUSTER DUTY ALLOWANCE.
Section 433(c) of title 37, United States Code, is amended
by striking the first sentence and inserting in lieu thereof
the following new sentence: ``The allowance authorized by
this section may not be disbursed in kind and may be paid to
the member on or before the date on which the muster duty is
performed, but shall be paid no later than 30 days after the
date on which muster duty is performed.''.
Subtitle B--Bonuses and Special Pays
SEC. 611. NUCLEAR QUALIFIED OFFICERS: BONUSES AND SPECIAL
PAY.
(a) Special Pay for Nuclear Qualified Officers Extending
Period of Active Service.--Section 312 of title 37, United
States Code, is amended--
(1) in subsection (a), by striking ``$12,000'' and
inserting in lieu thereof ``$15,000''; and
(2) in subsection (e), by striking ``September 30, 1998''
and inserting in lieu thereof ``September 30, 2002''.
(b) Special Pay: Nuclear Career Accession Bonus.--Section
312b of title 37, United States Code, is amended--
(1) in subsection (a)(1), by striking ``$8,000'' and
inserting in lieu thereof ``$10,000''; and
(2) in subsection (c), by striking ``September 30, 1998''
and inserting in lieu thereof ``September 30, 2002''.
(c) Special Pay: Nuclear Career Annual Incentive Bonus.--
Section 312c of title 37, United States Code, is amended--
(1) in subsection (a)(1), by striking ``$10,000'' and
inserting in lieu thereof ``$12,000'';
(2) in subsection (b)(1), by striking ``$4,500'' and
inserting in lieu thereof ``$5,500''; and
(3) in subsection (d), by striking ``October 1, 1998'' and
inserting in lieu thereof ``October 1, 2002''.
SEC. 612. INCENTIVE FOR ENLISTED MEMBERS TO EXTEND TOURS OF
DUTY OVERSEAS.
(a) Incentive.--Section 314 of title 37, United States
Code, is amended--
(1) in subsection (a), by striking the remainder of the
text after paragraph (4) and inserting in lieu thereof the
following: ``is entitled, upon acceptance of the agreement
providing for such extension by the Secretary concerned, to
either special pay for duty performed during the period of
the extension at a rate of not more than $80 per month, as
prescribed by the Secretary concerned, or a bonus of up to
$2,000 per year, as prescribed by the Secretary concerned,
for specialty requirements at designated locations.'';
(2) by redesignating subsection (b) as subsection (d);
(3) in subsection (d), as so redesignated, by inserting
``or bonus'' after ``special pay''; and
(4) by inserting after subsection (a) the following new
subsections (b) and (c):
``(b) Payment of Special Pay and Bonus.--Upon acceptance of
a written agreement under subsection (a) by the Secretary
concerned, the payment rate for special pay and bonuses
payable pursuant to the agreement becomes fixed. A bonus
payable under subsection (a) may then be paid by the
Secretary, either in a lump sum or installments.
``(c) Repayment of Bonus.--(1) If a member who has entered
into a written agreement under subsection (a) and has
received all or part of a bonus under this section fails to
complete the total period of extension specified in the
agreement, the Secretary concerned may require the member to
repay the United States, on a pro rata basis and to the
extent that the Secretary determines conditions and
circumstances warrant, all sums paid under this section.
``(2) An obligation to repay the United States imposed
under paragraph (1) is for all purposes a debt owed to the
United States.
``(3) 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
arising under such agreement or under paragraph (1). This
paragraph applies to any case commenced under title 11 on or
after October 1, 1997.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect for agreements executed on or after October
1, 1997.
SEC. 613. AMENDMENTS TO SELECTED RESERVE REENLISTMENT BONUS.
Section 308b of title 37, United States Code, is amended--
(1) by striking out paragraph (a)(1) and inserting in lieu
thereof the following new paragraph:
``(1) has completed less than 14 years of total military
service; and''.
(2) by amending subsection (b) to read as follows:
``(b) The bonus to be paid under subsection (a) shall be--
[[Page S2364]]
``(1) an initial amount not to exceed $2,500, in the case
of a member who enlists for a period of three years--, or
``(2) an initial amount not to exceed $5,000, in the case
of a member who enlists for a period of six years; and
``(3) subsequent payments according to a payment schedule
determined by the Secretary concerned; however, initial
payments may not exceed one-half the total bonus amount.'';
and
(3) by striking subsection (c) and inserting in lieu
thereof the following new subsection (c):
``(c) A member may not be paid more than one six-year bonus
or two three-year bonuses under this section. If the option
for two three-year bonuses is chosen, the first three year
bonus amount shall not exceed $2,000, paid as determined by
the Secretary concerned, except that the initial payment may
not exceed one-half of the total bonus amount. In order to
qualify for the follow on three-year bonus, the member must
reenlist immediately after the first three-year term and must
meet, as determined by the Secretary concerned, all
eligibility criteria at the time of that reenlistment.
Failure to meet all eligibility criteria will result in
forfeiture of continued eligibility for this bonus. The
follow on three-year bonus, if elected and provided the
member meets all eligibility requirements, shall be paid, in
an amount not to exceed $2,500, as if the member had selected
the three-year option alone.''.
SEC. 614. AMENDMENTS TO SELECTED RESERVE PRIOR SERVICE
ENLISTMENT BONUS.
Section 308i of title 37, United States Code, is amended--
(1) by striking subparagraph (a)(2)(A) and inserting in
lieu thereof the following new subparagraph (A):
``(A) has completed his military service obligation but has
less than 14 years of total military service;''; and
(2) by amending subsections (b) and (c) to read as follows:
``(b) The bonus to be paid under subsection (a) shall be--
``(1) an initial payment not to exceed $2,500, in the case
of a member who enlists for a period of three years; or
``(2) an initial payment not to exceed $5,000, in the case
of a member who enlists for a period of six years; and
``(3) subsequent payments according to a schedule
determined by the Secretary concerned; however, initial
payments may not exceed one-half the total bonus amount.
``(c) A member may not be paid more than one six-year bonus
or two three-year bonuses under this section. Furthermore, a
member may not be paid a bonus under this section unless the
specialty associated with the position the member is
projected to occupy is a specialty in which the member
successfully served while on active duty and in which the
member attained a level of qualification commensurate with
his grade and years of service. If the option for two three-
year bonuses is chosen, the first three year bonus amount
shall not exceed $2,000, paid as determined by the Secretary
concerned, except that the initial payment may not exceed
one-half of the total bonus amount. In order to qualify for
the follow on three-year bonus, the member must reenlist
immediately after the first three-year term and must meet, as
determined by the Secretary concerned, all eligibility
criteria at the time of that reenlistment. Failure to meet
all eligibility criteria will result in forfeiture of
continued eligibility for this bonus. The follow on three-
year bonus, if elected and provided the member meets all
eligibility requirements, shall be paid, in an amount not to
exceed $2,500, as if the member had selected the three-year
option alone.''.
Subtitle C--Allowances
SEC. 621. TRAVEL AND TRANSPORTATION ALLOWANCES FOR DEPENDENTS
PRIOR TO APPROVAL OF A MEMBER'S COURT-MARTIAL
SENTENCE.
Section 406(h) of title 37, United States Code, is amended
in paragraph (2)(C)(iii) by striking ``if the sentence is
approved'' and inserting in lieu thereof ``prior to the
sentence being approved''.
SEC. 622. VARIABLE HOUSING ALLOWANCE AT LOCATION OF RESIDENCE
AFTER A CLOSE PROXIMITY MOVE.
Section 403a(a) of title 37, United States Code, is amended
by adding at the end the following new paragraph (5):
``(5) In the case of a member without dependents who is
assigned to duty inside the United States, the location or
the circumstances of which make it necessary that he be
reassigned under the conditions of low cost or no cost
permanent change of station or permanent change of
assignment, the member may be paid a variable housing
allowance as if he were not reassigned if the Secretary
concerned determines (under regulations prescribed under
subsection (e) of this section) that it would be inequitable
to base the member's entitlement to, and amount of, variable
housing allowance on the area to which the member is
assigned.''.
Subtitle D--Other Matters
SEC. 631. AUTHORIZATION FOR REIMBURSEMENT OF TAX LIABILITIES
INCURRED BY PARTICIPANTS IN THE F. EDWARD
HEBERT ARMED FORCES HEALTH PROFESSIONS
SCHOLARSHIP PROGRAM.
The Secretary of Defense is authorized to use amounts
appropriated for fiscal year 1997 and subsequent fiscal years
for payments to participants in the F. Edward Hebert Armed
Forces Health Professions Scholarship Program as
reimbursement for payments by such participants for Federal,
State, or local income tax liabilities based on the value of
tuition and related educational expenses provided under such
Program prior to October 1, 1997. Individuals will be
compensated in a manner consistent with the models set out in
the Relocation Income Tax Allowance as authorized by section
4724b of title 5, United States Code. Participants who fail
to fulfill their active duty obligation under circumstances
that resulted in recoupment actions are not authorized to
receive reimbursement under this section.
SEC. 632. AUTHORIZATION FOR INCREASED STIPEND PAYMENTS MADE
UNDER THE F. EDWARD HEBERT ARMED FORCES HEALTH
PROFESSIONS SCHOLARSHIP PROGRAM.
(a) Supplemental Stipend.--Section 2121 of title 10, United
States Code, is amended by adding at the end the following
new subsection:
``(e)(1) If authorized by the Secretary of Defense pursuant
to paragraph (2), during any month in which a participant in
the program receives a stipend under subsection (d), the
participant may also be paid a supplemental stipend of $400
per month. This amount shall be increased in the same manner
as the stipend amount under subsection (d).
``(2) The supplemental stipend referred to in paragraph (1)
may not be paid if the Secretary of Defense determines, after
consultation with the Secretary of the Treasury, that
payments made by the Secretary under section 2127(a) of this
title on behalf of a participant in the program are excluded
from taxable income under section 108 of the Internal Revenue
Code of 1986 (26 U.S.C.).''.
(b) Effective Date.--The amendment made by subsection (a)
shall become effective October 1, 1997.
TITLE VII--HEALTH CARE PROVISIONS
SEC. 701. REPEAL OF THE STATUTORY RESTRICTION ON USE OF FUNDS
FOR ABORTIONS.
(a) In General.--Section 1093 of title 10, United States
Code, is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of Chapter 55, United States Code, is amended by
striking out the item referring to section 1093.
(c) Effective Date.--The amendment made by this section
shall be effective October 1, 1997.
SEC. 702. EXPANDING THE LIMITS IMPOSED ON PROVIDING
PROSTHETIC DEVICES TO MILITARY HEALTH CARE
BENEFICIARIES.
Section 1077 of title 10, United States Code, is amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(14) Prosthetic devices, as determined by the Secretary
of Defense to be necessary because of significant conditions
resulting from trauma, congenital anomalies or disease.'';
and
(2) in subsection (b), by amending paragraph (2) to read as
follows:
``(2) hearing aids, orthopedic footwear, and spectacles
except that outside of the United States and at stations
inside the United States where adequate civilian facilities
are unavailable, such items may be sold to dependents at cost
to the United States.''.
TITLE VIII--REPEAL OF ACQUISITION REPORTS AND ACQUISITION POLICY
Subtitle A--Repeal of Certain Acquisition Reports
SEC. 801. REPEAL OF ACQUISITION REPORTS REQUIRED BY DEFENSE
AUTHORIZATION ACTS.
(a) Annual Report on Five-year Ship Construction Program.--
Section 808 of the Department of Defense Appropriation
Authorization Act, 1976 (Public Law 94-106; 89 Stat. 539; 10
U.S.C. 7291 note) is repealed.
(b) Reports Relating to Potential Effect of Offshore
Drilling on Naval Operations.--Section 1260 of the Department
of Defense Authorization Act, 1984 (Public Law 98-94; 97
Stat. 703) is repealed.
(c) Report on Advanced Cruise Missile (SM-2(N)).--Section
1426 of the Department of Defense Authorization Act, 1986
(Public Law 99-145; 99 Stat. 753) is amended--
(1) by striking subsection (b); and
(2) by redesignating subsection (c) as subsection (b).
(d) Report on Removal of Basic Point Defense Missile System
From Naval Amphibious Vessels.--Section 1437 of the
Department of Defense Authorization Act, 1986 (Public Law 99-
145; 99 Stat. 757) is repealed.
(e) Report on Procurement Competition Goals.--Section 913
of the Department of Defense Authorization Act, 1986 (Public
Law 99-145; 99 Stat. 687) is repealed.
(f) Report Concerning the Stretchout of Major Defense
Acquisition Programs.--Section 117 of the National Defense
Authorization Act, Fiscal Year 1989 (Public Law 100-456; 102
Stat. 1933) is repealed.
(g) Annual Report Assessing the Security of United States
Bases in the Philipplines.--Section 1309 of the National
Defense Authorization Act, Fiscal Year 1989 (Public Law 100-
456; 102 Stat. 2063) is repealed.
(h) Commission Report on Alternative Utilization of
Military Facilities.--Section 2819 of the National Defense
Authorization Act, Fiscal Year 1989 (Public Law 100-456; 102
Stat. 2119; 10 U.S.C. 2391 note) is repealed.
(i) Reports Concerning the B-2 Program.--The National
Defense Authorization Act for Fiscal Years 1990 and 1991
(Public
[[Page S2365]]
Law 101-189; 103 Stat. 1373)) is amended as follows:
(1) Section 112 is repealed.
(2) Section 115 is repealed.
(j) Report on Procurement From Countries That Deny Adequate
and Effective Protection of Intellectual Property Rights.--
Section 852 of the National Defense Authorization Act for
Fiscal Year 1990 and 1991 (Public Law 101-189; 103 Stat.
1517) is amended by striking subsection (b).
(k) Report on Environmental Compliance at Overseas
Installations.--Section 342(b) of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101-510;
104 Stat. 1537; 10 U.S.C. 2701 note) is amended by striking
paragraph (4).
SEC. 802. REPEAL OF EXTRANEOUS ACQUISITION REPORTING
REQUIREMENTS.
(A) Repeal of Annual Report.--Section 20 of the Office of
Federal Procurement Policy Act (41 U.S.C. 418) is amended--
(1) by striking ``and'' at the end of paragraph (b)(3)(B);
(2) by striking (b)(4); and
(3) by redesignating paragraphs (b) (5), (6), and (7) as
paragraphs (b) (4), (5), and (6), respectively.
(b) Repeal of Regulatory Review Upon Request of
Individual.--Section 20 of the Office of Federal Procurement
Policy Act (41 U.S.C. 421) is amended (1) by striking
paragraphs (c) (4), (5), and (6); and
(2) by striking subsection (g).
(c) Deletion of Reporting Requirements for Nonmajor
Acquisition Programs.--Section 2220(b) of title 10, United
States Code, is amended by striking ``and nonmajor''.
(d) Repeal of Requirement for Contractor Guarantees on
Major Weapon Systems.--Section 2403 of title 10, United
States Code, is repealed.
Subtitle B--Acquisition Policy
SEC. 811. USE OF SINGLE PAYMENT DATE FOR MIXED INVOICES.
Section 3903(a) of title 31, United States Code, is
amended--
(1) by striking ``; and'' at the end of paragraph (8);
(2) by striking the period at the end of paragraph (9)
inserting in lieu thereof ``; and''; and
(3) by inserting at the end the following new paragraph
(10):
``(10) notwithstanding paragraphs (2), (3) and (4) of this
subsection, in the case of an acquisition for commercial
items for which more than one statutory payment date applies
to an invoice, permit a contract to specify a single payment
due date, consistent with prevailing industry contracting
practices and not to exceed 30 days after the date of receipt
of a proper mixed invoice.''.
SEC. 812. 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 expired funds during the pendency
of contract litigation
``(a) Retention of Funds.--Notwithstanding sections 1552(a)
and 3302(b) of title 31, United States Code, 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. 601-613), shall remain
available to pay any settlement reached between the parties
or judgment rendered in a contractor's favor on an appeal of
the same Government claim to the federal courts or the Armed
Services Board of Contract Appeals.
``(b) Period of Availability.--The funds shall remain
available for obligation and expenditure for a period not to
exceed 180 calendar days following the settlement of the
parties or conclusion of the litigation, including all
avenues of appeal or expiration of all appeal periods.
Thereafter, if the funds have not been obligated and
expended, the account shall be closed and the funds shall be
deposited in the Treasury as miscellaneous receipts.
``(c) Reporting Requirement.--Any disbursements of funds
retained under this section shall be reported to Congress
annually.''.
``(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 expired funds during the pendency of contract
litigation.''.
SEC. 813. EXPANDING THE 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. 814. SMALL ARMS WEAPONS PROCUREMENT OBJECTIVES FOR THE
ARMY.
Section 115(b)(1) of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2681), as
amended by section 115(b) of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106;
110 Stat. 206), is further amended by striking the table and
inserting in lieu thereof the following new table:
``Weapon Quantity
MK19-3 grenade machine gun.....................................20,751
M16A2 rifle...................................................846,028
M249 squad automatic weapon....................................75,443
M4 carbine..................................................119,942.''.
SEC. 815. AVAILABILITY OF SIMPLIFIED PROCEDURES TO COMMERCIAL
ITEM PROCUREMENTS.
``(a) Title 10 Amendment.--Section 2304(g) of title 10,
United States Code, is amended in subparagraph (1)(B) by
striking ``only''.
``(b) Federal Property Act Amendment.--Section 303(g) of
the Federal Property and Administrative Services Act of 1949
(41 U.S.C. 253(g)( is amended in subparagraph (1)(B) by
striking ``only''.
SEC. 816. UNIT COST REPORTS.
``(a) Elimination of Time Requirement for Report.--Section
2433(c) of title 10, United States Code, is amended--(1) by
striking ``during the current fiscal year (other than the
last quarterly unit cost report under subsection (b) for the
preceding fiscal year)'' at the end of the paragraph;
(2) by inserting ``or'' at the end of paragraph (1);
(3) by striking ``or'' at the end of paragraph (2); and
(4) by striking paragraph (3).
``(b) Elimination of Qualifying Requirement.--Section
2433(d) of such title 10 is amended by striking in paragraph
(3) ``(for the first time since the beginning of the current
fiscal year)''.
SEC. 817. REPEAL OF ADDITIONAL DOCUMENTATION REQUIREMENT FOR
COMPETITION EXCEPTION FOR INTERNATIONAL
AGREEMENTS.
Section 2304(f) of title 10, United States Code, is amended
in subparagraph (2)(E) by inserting a period after the phrase
``other than competitive procedures'' and striking the
remainder of that sentence.
SEC. 818. ELIMINATION OF DRUG-FREE WORKPLACE 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)(1), by striking ``has certified to
the granting agency that it will'' and inserting in lieu
thereof ``agrees to'';
(2) in subsection (a)(2), by striking ``certifies to the
agency'' and inserting in lieu thereof ``agrees''; and
(3) in subsection (b)(1)--
(A) by striking 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
``such certification by failing to carry out''.
SEC. 819. VESTITURE OF TITLE.
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) Vestiture of Title.--If a contract provides for title
to property to vest in the United States, such title shall
vest in accordance with the terms of the contract. Such title
shall vest in the United States regardless of any prior or
subsequently asserted security interest in the property.''.
SEC. 820. UNDEFINITIZED CONTRACT ACTIONS.
Section 2326 of title 10, United States Code, is amended--
(1) in subsection (b)--
(A) by striking paragraph (4); and
(B) by redesignating paragraph (5) as paragraph (4); and
(2) in subsection (g)(1), by adding at the end the
following new subparagraphs:
``(E) Contingency operations as defined in section
101(a)(13) of this title.
``(F) Peacekeeping or peace enforcement operations as
directed by the President.
``(G) Disaster relief operations when directed by the
President to perform disaster relief pursuant to the Disaster
Relief Act of 1974 (42 U.S.C. 5121 et seq.), or
``(H) Humanitarian assistance''.
SEC. 821. AUTHORITY OF DIRECTORS OF DEPARTMENT OF DEFENSE
AGENCIES TO LEASE NON-EXCESS PROPERTY.
Section 2667 of title 10, United States Code, is amended--
(1) by redesignating subsection (g) as subsection (j); and
(2) by inserting after subsection (f) the following new
subsections (g), (h), and (i):
``(g) 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).
``(h) A lease under subsection (g)--
[[Page S2366]]
``(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.
``(i) Money rentals received pursuant to leases entered
into by the Director of a Defense Agency under subsection (h)
shall be deposited in a special account in the Treasury
established for such Defense Agency. Such sums deposited in a
Defense Agency's special account shall be available, as
provided in appropriations acts, solely for the maintenance,
repair, restoration, or replacement of the leased
property.''.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
SEC. 901. AMENDMENT TO FREQUENCY OF PROVIDING POLICY GUIDANCE
FOR CONTINGENCY PLANS.
Section 113(g) of title 10, United States Code, is amended
in paragraph (2) by striking ``annually'' and inserting in
lieu thereof ``every two years or as needed''.
SEC. 902. REVISION OF MEMBERSHIP TERMS FOR STRATEGIC
ENVIRONMENTAL RESEARCH AND DEVELOPMENT PROGRAM
SCIENTIFIC ADVISORY BOARD.
Section 2904(b) of title 10, United States code, is amended
in paragraph (4) by striking ``three'' and inserting in lieu
thereof ``not less than two and not more than four''.
SEC. 903. CLOSURE OF THE UNIFORM SERVICES UNIVERSITY OF THE
HEALTH SCIENCES.
(a) Repeal of Authority.--Chapter 104 of title 10, United
States Code, is hereby repealed.
(b) Phase-Out Process.--(1) Notwithstanding any other
provision of law, the Secretary of Defense shall phase out
the Uniformed Services University of the Health
Sciences, beginning in fiscal year 1998, and ending with
the closure of such University not later than September
30, 2001. No provision of section 2687 of title 10, United
States Code, or of any other law establishing
preconditions to the closure of any activity of the
Department of Defense shall operate to establish any
precondition to the phase-out and closure of the Uniformed
Services University of the Health Sciences as required by
this Act.
(2) Under the phase-out process required by paragraph (1),
the Secretary of Defense may exercise all of the authorities
pertaining to the operations of the Uniformed Services
University of the Health Sciences that were granted to the
Secretary of Defense, the Board of Regents, or the Dean of
the Uniformed Services University of the Health Sciences by
Chapter 104 of title 10, United States Code, prior to
enactment of the repeal of that chapter by subsection (a).
Such authorities may be exercised by the Secretary of Defense
so as to achieve an orderly phase-out of operations of the
Uniformed Services University of the Health Sciences.
(3) No new class of students may be admitted to begin
studies in the Uniformed Services University of the Health
Sciences after September 30, 1997. No students may be awarded
degrees by such University after September 30, 2001, except
that the Secretary may grant exceptions on a case-by-case
basis for any students who by that date have completed
substantially all degree requirements.
(c) Authorities Affected.--(1) Commissioned service
obligations incurred by students of the Uniformed Services
University of the Health Sciences shall be unaffected by
enactment of the repeal of chapter 104 of title 10, United
States Code, by subsection (a).
(2) Nothing in this Act shall be construed as limiting the
exercise by the Secretary of Defense of other authorities
under law pertaining to health sciences education, training,
and professional development, graduate medical education,
medical and scientific research, and similar activities. To
the extent the Secretary of Defense assigned any such
activities to another component or entity of the Department
of Defense, such activities shall not be affected by the
phase-out and closure of the Uniformed Services University of
the Health Sciences pursuant to this Act.
(d) Conforming Amendments.--(1) Section 178 of title 10,
United States Code, pertaining to the Henry M. Jackson
Foundation for the Advancement of Military Medicine, is
amended--
(A) in subsection (b), by striking ``Uniformed Services
University of the Health Sciences'' and inserting in lieu
thereof ``Department of Defense'';
(B) in subsection (c)(1)(B), by striking ``the Dean of the
Uniformed Services University of the Health Sciences'' and
inserting in lieu thereof ``a person designated by the
Secretary of Defense''; and
(C) in subsection (g)(1), by striking ``Uniformed Services
University of the Health Sciences'' and inserting in lieu
thereof ``Secretary of Defense''.
(2) Section 466 of the Public Health Service Act (42 U.S.C.
Section 286a), pertaining to the Board of Regents of the
National Library of Medicine, is amended in subsection
(a)(1)(B) by striking ``the Dean of the Uniformed Services
University of the Health Sciences''.
(e) Clerical Amendment.--The table of chapters at the
beginning of Subtitle A and at the beginning of part II of
such subtitle of title 10, United States Code, is amended by
striking the items pertaining to chapter 104.
SEC. 904. REPEAL OF REQUIREMENT TO OPERATE NAVAL ACADEMY
DAIRY FARM, GAMBRILLS, MARYLAND.
Section 810 of the Military Construction Authorization Act,
1968 (Public Law 90-110; 81 Stat. 309) is hereby repealed.
SEC. 905. INCLUSION OF INFORMATION RESOURCES MANAGEMENT
COLLEGE IN THE NATIONAL DEFENSE UNIVERSITY.
(a) Technical Amendment and Addition of Information
Resources Management College to the Definition of the
National Defense University.--Section 1595(d)(2) of title 10,
United States Code, is amended by striking ``the Institute
for National Strategic Study'' and inserting in lieu thereof
``the Institute for National Strategic Studies, the
Information Resources Management College''.
(b) Conforming Amendment.--Section 2162(d)(2) of title 10,
United States Code, is amended by inserting ``the Institute
for National Strategic Studies, the Information Resources
Management College,'' after ``the Armed Forces Staff
College,''.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. TWO-YEAR EXTENSION OF COUNTERPROLIFERATION
AUTHORITIES.
Section 1505 of the Weapons of Mass Destruction Act of 1992
(Public Law 102-484; 106 Stat. 2570; 22 U.S.C. 5859a) is
amended--
(1) in subsection (d)(3), by striking ``or'' after ``fiscal
year 1996,'' and by inserting'', $15,000,000 for fiscal year
1998, or $15,000,000 for fiscal year 1999'' before the period
at the end; and
(2) in subsection (f), by striking ``1997'' and inserting
in lieu thereof ``1999''.
Subtitle B--Other Matters
SEC. 1010. NEGOTIATING SALES OF VESSELS STRICKEN FROM THE
NAVAL REGISTER.
Section 7305(c) of title 10, United States Code, is amended
to read as follows:
``(c) Procedures for Sale.--A vessel stricken from the
Naval Register and not subject to disposal under any other
law may be sold under this section. In such a case, a vessel
may be sold, regardless of the appraised value of the vessel,
to the highest acceptable bidder after the vessel is publicly
advertised for sale for a period of not less than 30 days or
to the acceptable offeror submitting the most advantageous
proposal, price and other factors considered, by means of
competitive negotiations. All bids or offers may be rejected
if it is in the Government's best interest to do so. The
determination of the method of sale shall depend upon the
particular circumstances surrounding the proposed sale.''.
SEC. 1011. AUTHORITY TO CHARTER VESSEL FOR LONGER THAN FIVE
YEARS IN SUPPORT OF SURVEILLANCE TOWED ARRAY
SENSOR (SURTASS) PROGRAM.
Pursuant to section 2401(b)(1)(A) of title 10, United
States Code, the Secretary of the Navy is authorized to
charter a vessel in support of the SURTASS Program through
Fiscal Year 2003.
SEC. 1012. EIGHTEEN MONTH SHIPBUILDING CLAIMS.
(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 10 is amended by striking the item that refers
to section 2405.
(b) Effective Date.--Repeal is effective for all
shipbuilding contracts and any claim, request for equitable
adjustment or demand for payment submitted thereunder
on, before or after the date of enactment of this Act,
except that the repeal by this Act shall not apply to any
claim, request for equitable adjustment or demand for
payment (1) the appeal of which has been denied or
dismissed by a court or board of contract appeals and
where such court or board decision has become final and
unappealable, (2) which has been denied by a final
decision of a contracting officer and the time limit for
appealing the decision under the Contract Disputes Act of
1978, as amended, to a court or board has expired, or (3)
which has been released by a contractor.
Subtitle C--Other Matters
SEC. 1020. ARREST AUTHORITY FOR SPECIAL AGENTS OF THE DEFENSE
CRIMINAL INVESTIGATIVE SERVICE.
(a) Arrest Authority.--Chapter 81 of title 10, United
States Code, is amended by inserting after section 1585 the
following new section 1585b:
``Sec. 1585b. Arrest authority for special agents of the
defense Criminal Investigative Service
``(a) Upon designation by the Secretary of Defense, a
Special Agent of the Defense Criminal Investigative Service,
may--
``(1) carry firearms;
``(2) execute and serve any warrant or other processes
issued under the authority of the United States; and
``(3) make arrests without warrant for--
``(A) any offense against the United States committed in
such officer's presence; or
``(B) any felony cognizable under the laws of the United
States if such agent has probable cause to believe that the
person to be
[[Page S2367]]
arrested has committed or is committing such felony.
``(b) The powers granted under subsection (a) of this
section shall be exercised in accordance with guidelines
approved by the Attorney General.''.
(b) Conforming Amendment.--The table of sections for such
chapter 81 is amended by inserting after the item relating to
section 1585 the following new item:
``1585b. Arrest authority for special agents of the Defense Criminal
Investigative Service.''.
SEC. 1021. ACCESS TO PRE-ACCESSION OFFENDER RECORDS.
Section 520a of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``requested'' and
inserting in lieu thereof ``required'';
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following new
subsection (d):
``(d) Costs to the Secretary concerned for providing
criminal history information under this section shall be no
greater than the costs for providing such information to law
enforcement agencies of the State or the unit of general
local government of the State.''.
SEC. 1022. EXTENSION OF AUTHORITY TO PROVIDE ADDITIONAL
SUPPORT FOR COUNTER-DRUG ACTIVITIES OF MEXICO.
Section 1031(a) of the National Defense Authorization Act
for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2637), is
amended by striking ``1997'' and inserting in lieu thereof
``1998''.
SEC. 1023. ASIA-PACIFIC CENTER FOR SECURITY STUDIES.
(a) Authority to Accept Foreign Gifts and Donations.--(1)
The Secretary of Defense may, on behalf of the Asia-Pacific
Center for Security Studies (in this section referred to as
Asia-Pacific Center), accept foreign gifts or donations in
order to defray the costs of, or enhance the operation of,
the Asia-Pacific Center.
(2) Funds received by the Secretary under paragraph (1)
shall be credited to appropriations available to the
Department of Defense for the Asia-Pacific Center. Funds so
credited shall be available for the Center for the same
purposes and for the same period of availability of the
appropriations.
(3) The Secretary of Defense shall notify Congress if total
contributions of money under paragraph (1) exceeds $2,000,000
in any fiscal year. Any such notice shall list each of the
contributors of such amounts and the amount of each
contribution in such fiscal year.
(4) For purposes of this subsection, a foreign gift or
donation is a gift or donation of funds, materials (including
research materials), property, and services (including
lecture services and faculty services) from a foreign
government, foundation or other charitable organization in a
foreign country, or an individual in a foreign country.
(5) The Secretary shall establish written guidelines
setting forth the criteria to be used in determining whether
the acceptance of contributions of money or services pursuant
to paragraph (1) would reflect unfavorably upon the ability
of the Department of Defense or any employee to carry out its
responsibilities or official duties in a fair and objective
manner, or would compromise the integrity or the appearance
of the integrity of its programs or any official involved in
those programs.
(b) Asia-Pacific Center Participation By Foreign Nations.--
(1) Notwithstanding any other provision of law, the Secretary
of Defense may authorize representatives of a foreign
government to participate in a program of the Asia-Pacific
Center, if the Secretary determines, in consultation with the
Secretary of State, that such participation is in the
national interest of the United States.
(2) Not later than January 31 of each year, the Secretary
of Defense shall submit to Congress a report setting forth
the foreign governments permitted to participate in programs
of the Center during the preceding year under the authority
provided in paragraph (1).
SEC. 1024. PROTECTION OF CERTAIN IMAGERY AND GEOSPATIAL
INFORMATION AND DATA.
Section 455(b) of title 10, United States Code, is
amended--
(1) in paragraph (1)(B), by inserting ``or capabilities''
after ``methods'';
(2) in paragraph (2), by inserting ``to include imagery,
imagery intelligence or geospatial information as defined in
section 467'' after ``related product''.
SEC. 1025. NATIONAL GUARD CIVILIAN YOUTH OPPORTUNITIES PILOT
PROGRAM.
(a) Extension of Authority.--The authority to carry out a
pilot program under section 1091(a) of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484;
106 Stat. 2519; 32 U.S.C. 501 note) is continued through
September 30, 1999.
(b) Limitation on Number of Programs.--During the period
beginning on the date of the enactment of this Act and ending
on the first day of October, 1998, under subsection (a), the
number of programs carried out under subsection (d) of that
section as part of the pilot program may not exceed the
number of such programs as of September 30, 1995.
(c) Conforming Amendment.--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 hereby
repealed.
SEC. 1026. REPEAL OF ANNUAL DEPARTMENT OF DEFENSE
CONVENTIONAL STANDOFF WEAPONS MASTER PLAN AND
REPORT ON STANDOFF MUNITIONS.
Section 1641 of the National Defense Authorization Act for
Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat.
1613; 10 U.S.C. 2431 note) is repealed.
SEC. 1027. REVISIONS TO THE BALLISTIC MISSILE DEFENSE ACT OF
1995.
Section 234(a) of the Ballistic Missile Defense Act of 1995
(Subtitle C of title II of the National Defense Authorization
Act of 1996 (Public Law 104-106; 110 Stat. 229)) is amended--
(1) in the matter preceding the colon by striking ``, to be
carried out so as to achieve the specified capabilities'';
(2) in paragraph (1) by striking ``, with a first unit
equipped during fiscal year 1998'';
(3) in paragraph (2), by striking ``, with a user
operational evaluation system (UOES) capability during fiscal
year 1997 and an initial operational capability (IOC) during
fiscal year 1999'';
(4) in paragraph (3), by striking ``, with a user
operational evaluation system (UOES) capability not later
than fiscal year 1998 and a first unit equipped (FUE) not
later than fiscal year 2000''; and
(5) in paragraph (4), by striking ``, with a user
operational evaluation system (UOES) capability during fiscal
year 1999 and an initial operational capability (IOC) during
fiscal year 2001''.
SEC. 1028. REPEAL OF REPORTING REQUIREMENTS, SPECIAL
OPERATIONS FORCES: TRAINING WITH FRIENDLY
FOREIGN FORCES.
Section 2011 of title 10, United States Code, is amended by
striking subsection (e).
Subtitle D--Military Construction Provisions
SEC. 1031. AUTHORITY FOR THE SECRETARY OF THE ARMY TO
CONSTRUCT A HELIPORT AT FORT IRWIN, CALIFORNIA.
Using amounts appropriated pursuant to the authorization of
appropriations in the Military Construction Authorization Act
for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 3027) for
military construction at Fort Irwin and appropriated pursuant
to the authorization of appropriations in the Military
Construction Authorization Act for Fiscal Year 1996 (Public
Law 104-106; 110 Stat. 523) for military construction at Fort
Irwin, the Secretary of the Army may carry out the
construction of a heliport at Fort Irwin, California.
SEC. 1032. REPEAL OF REPORTS REQUIRED BY MILITARY
CONSTRUCTION AUTHORIZATION ACTS.
(a) Requirement, Waiver and Report Relating to the
Procurement of Overseas Family Housing From a United States
Contractor.--Section 803 of the Military Construction
Authorization Act, 1984 (Public Law 98-115; 97 Stat. 784; 10
U.S.C. 2812 note) is repealed.
(b) Report on Funding for Naval Strategic Homeporting.--
Section 205 of the Military Construction Authorization Act,
1986 (Public Law 99-167; 99 Stat. 971) is repealed.
(c) Report on Proposed Contract for Sale of Gregg Circle
Area, Fort Jackson, South Carolina.--Section 840 of the
Military Construction Authorization Act, 1986 (Public Law 99-
167; 99 Stat. 997) is amended--
(1) by striking subsection (d); and
(2) by redesignating subsections (e), (f), (g), and (h) as
subsections (d), (e), (f), and (g), respectively.
SEC. 1033. FINANCIAL INCENTIVES FOR ENERGY SAVINGS.
Section 2865 of title 10, United States Code, is amended as
follows:
(1) In subsection (b)(1) by striking from the first
sentence ``and financial incentives described in subsection
(d)(2)''.
(2) In subsection (d)(2) by adding at the end thereof the
following new sentence:
``Financial incentives received from gas or electric
utilities under this subparagraph, and under 2866(b)(2),
shall be credited to an appropriation designated by the
Secretary of Defense or designee. The impact of this
initiative will be reflected in the Secretary's annual energy
report.''.
SEC. 1034. WATER CONSERVATION FINANCIAL INCENTIVES.
Section 2866(b) of title 10, United States Code, is amended
as follows:
(1) by inserting ``AND FINANCIAL INCENTIVES'' immediately
after ``USE OF WATER COST SAVINGS'';
(2) by inserting ``(1)'' immediately before ``Water cost
savings''; and
(3) by inserting the following new subparagraph at the end
thereof:
``(2) Water financial incentives realized under this
section shall be used as provided in section 2865(d)(2).''.
SEC. 1035. PRIVATIZATION OF GOVERNMENT OWNED UTILITY SYSTEMS.
(a) In General.--Chapter 159 of title 10, United States
Code, is amended by inserting the following new section at
the end thereof:
``Sec. 2694. Privatization of Government Owned Utility
Systems.
``(a) Authority.--The Secretary of a military department
may convey all right, title, and interest of the United
States, or any lesser estate as appropriate to serve the
interests of the United States, in any utility system or part
of a utility system, located on or adjacent to a military
installation under the control of that department, to a
[[Page S2368]]
municipal, private, regional, district, or cooperative
utility company or other entity. Such utility systems may
include, but are not limited to, electrical generation and
supply, water supply, water treatment, wastewater collection,
wastewater treatment, steam/hot/chilled water generation and
supply, and natural gas supply.
``(b) Consideration.--Any consideration received for a
conveyance under subsection (a) may be accepted in the form
of a lump sum payment or a reduction in utility rate charges
for a period of time sufficient to amortize the monetary
value of the utility system, including any real property
interests, conveyed. Any lump sum payment received shall be
credited to an appropriation designed as appropriate by the
Secretary of Defense or a designee of the Secretary. Amounts
so credited shall be available for the same time period as
the appropriation credited and shall be used only for the
purposes authorized for that appropriation.
``(c) Notice and Wait Requirements.--A conveyance may not
be made under subsection (a) until--
``(1) the Secretary submits to the appropriate committees
of Congress, in writing, an economic analysis (based upon
accepted life-cycle costing procedures) which demonstrates
that the full cost to the taxpayer of the proposed conveyance
is cost-effective when compared with alternative means of
furnishing the same utility systems; and
``(2) a period of 21 days has elapsed after the date on
which the economic analysis is received by the committees.
``(d) Additional Terms and Conditions.--The Secretary
concerned may require such additional terms and conditions in
a conveyance entered into under subsection (a) as the
Secretary considers appropriate to protect the interests of
the United States.
``(e) Relief From Formal Cost Comparison.--Chapter 146 of
title 10, United States Code, and section 257(e) of the
Budget Enforcement Act, shall not apply to any conveyance
under subsection (a) that results in the transfer of
ownership of related utility assets.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting the
following new item:
``2694. Privatization of Government Owned Utility Systems.''.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
SEC. 1101. EXTENSION OF VOLUNTARY SEPARATION INCENTIVE PAY
AUTHORIZATION.
(a) Extension.--Section 5597(e) of title 5, United States
Code, is amended by striking ``September 30, 1999'' and
inserting in lieu thereof ``September 30, 2001''.
(b) Remittance of Funds.--Section 5597 of title 5, United
States Code, is amended by adding at the end the following
new subsection:
``(h)(1) In addition to any other payments which it is
required to make under subchapter III of chapter 83 or
chapter 84, the Department of Defense shall remit to the
Office of Personnel Management for deposit in the Treasury of
the United States to the credit of the Civil Service
Retirement and Disability Fund an amount equal to 15 percent
of the final basic pay of each employee of the Department who
is covered under subchapter III of chapter 83 or chapter 84
to whom a voluntary separation incentive has been paid under
this section based on separation on or after October 1, 1997.
The remittance required by this subsection shall be in lieu
of any remittance required under section 4(a) of the Federal
Workforce Restructuring Act of 1994 (5 U.S.C. 8331 note).
``(2) For the purpose of this subsection, the term `final
basic pay', with respect to an employee, means the total
amount of basic pay which would be payable for a year of
service by such employee, computed using the employee's final
rate of basic pay, and, if last serving on other than a full-
time basis, with appropriate adjustment therefor.''.
(c) Conforming Amendment.--Section 4436(d)(2) of the
Defense Conversion, Reinvestment, and Transition 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. 1102. ELIMINATION OF TIME LIMITATION FOR PLACEMENT
CONSIDERATION OF INVOLUNTARILY SEPARATED
RESERVE TECHNICIANS.
Section 3329(b) of title 5, United States Code, is amended
by striking ``a position described in subsection (c) not
later than 6 months after the date of the application''.
SEC. 1103. PAY PRACTICES WHEN OVERSEAS TEACHERS TRANSFER TO
GENERAL SCHEDULE POSITIONS.
Section 5334(d) of title 5, United States Code, is amended
by inserting ``such amounts as may be authorized, if any,
under regulations issued by the Secretary of Defense, up to''
after ``is deemed increased by''.
SEC. 1104. CITIZENSHIP REQUIREMENTS FOR STAFF OF THE GEORGE
C. MARSHALL CENTER FOR SECURITY STUDIES.
Section 506 of the Intelligence Authorization Act, Fiscal
Year 1990 (Public Law 101-193; 103 Stat. 1709) is amended--
(1) in the section heading, by striking ``United States
Army Russian Institute'' and inserting in lieu thereof
``George C. Marshall European Center for Security
Studies'';
(2) in subsection (a), by striking ``United States Army
Russian Institute'' and inserting in lieu thereof ``George C.
Marshall European Center for Security Studies''; and
(3) in subsection (c), by adding at the end the following
sentence: ``No prior admission for permanent residence shall
be required.''.
SEC 1105. PRESERVATION OF CIVIL SERVICE RIGHTS FOR EMPLOYEES
OF THE FORMER DEFENSE MAPPING AGENCY.
Section 1612(b) of title 10, United States Code, is
amended--
(1) in paragraph (1)--
(A) by striking ``in paragraph (2)'' and inserting in lieu
thereof ``in paragraph (3)''; and
(B) by striking ``to paragraph (3)'' and inserting in lieu
thereof ``to paragraph (4)'';
(2) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(3) by inserting the following new paragraph (2):
``(2) For each former Defense Mapping Agency employee who
was in a position established under title 5, United States
Code, and who on October 1, 1996, became an employee of the
National Imagery and Mapping Agency under 1601(a)(1) of this
title, and for whom the provisions of law referred to in
paragraph (3) applied before October 1, 1996, such provisions
of law shall, subject to paragraph (4), continue to apply for
as long as the employee continues to serve as a Department of
Defense employee in the National Imagery and Mapping Agency
without a break in service.'';
(4) in paragraph (3), as so redesignated, by striking ``by
paragraph (1)'' and inserting in lieu thereof ``by paragraphs
(1) and (2)''; and
(5) in paragraph (4), as so redesignated, by striking ``by
paragraph (1)'' and inserting in lieu thereof ``by paragraphs
(1) and (2)''.
SEC. 1106. AUTHORIZATION FOR THE MARINE CORPS UNIVERSITY TO
EMPLOY CIVILIAN PROFESSORS.
(a) In General.--Section 7478 of title 10, United States
Code, is amended--
(1) by amending the section heading to read as follows:
``Sec. 7478. Naval War College and Marine Corps University:
civilian faculty members'';
(2) in subsection (a), by striking ``or at the Marine Corps
Command and Staff College'' and inserting in lieu thereof
``or at a school of the Marine Corps University''; and
(3) in subsection (c), by striking ``or at the Marine Corps
Command and Staff College'' and inserting in lieu thereof
``or at a school of the Marine Corps University''.
(b) Clerical Amendment.--The table of sections for chapter
643 of such title 10 is amended by amending the item relating
to section 7478 to read as follows:
``7478. Naval War College and Marine Corps University: civilian faculty
members.''.
____
S. 451
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATION
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.
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.
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 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. Use of Prior Year Appropriations.
Sec. 2407. Modification of authority to carry out fiscal year 1995
projects.
Title XXV--North Atlantic Treaty Organization Infrastructure
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.
Title XXVII--Expiration and Extension of Authorizations
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
[[Page S2369]]
Sec. 2702. Extensions of authorizations of certain fiscal year 1994
projects.
Sec. 2703. Extensions of authorizations of certain fiscal year 1993
projects.
Sec. 2704. Extension of Over-The-Horizon Radar in Puerto Rico.
Sec. 2705. Effective date.
Title XXVIII--General Provisions
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Streamlining real property transactions and architectural
and engineering services and construction design
Subtitle B--Other Matters
Sec. 2802. Increase in maximum limit for minor land acquisition.
Sec. 2803. Administrative expenses for certain real estate
transactions.
Sec. 2804. Long term lease authority, Naples Improvement Initiative,
Naples, Italy.
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 and Installation or Location Amount
------------------------------------------------------------------------
Arizona: Fort Huachuca.................................... $20,000,000
California: Naval Weapons Station, Concord................ 23,000,000
Colorado: Fort Carson..................................... 7,300,000
Georgia: Fort Gordon...................................... 22,000,000
Hawaii: Schofield Barracks................................ 44,000,000
Indiana: Crane Army Ammunition Activity................... 7,700,000
Kansas:
Fort Leavenworth........................................ 63,000,000
Fort Riley.............................................. 25,800,000
Kentucky: Fort Campbell................................... 37,000,000
South Carolina: Naval Weapons Station, Charleston......... 7,700,000
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................................................. 329,700,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amount appropriated
pursuant to the authorization of appropriations in section
2104(a)(2), the Secretary of the Army may acquire real
property and carry out military construction projects for the
locations outside the United States, and in the amounts, set
forth in the following table:
ARMY: OUTSIDE THE UNITED STATES
------------------------------------------------------------------------
Country and Installation or Location Amount
------------------------------------------------------------------------
Germany:
Ansbach................................................. $22,000,000
Heidelberg.............................................. 8,800,000
Mannheim................................................ 6,200,000
Military Support Group.................................. 6,000,000
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
Overseas: Classified: Overseas Classified................. 37,000,000
-------------
Total................................................. 156,100,000
------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2104(a)(7)(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
------------------------------------------------------------------------
Purpose
State and Installation or Location units Amount
------------------------------------------------------------------------
Florida: U.S. Southern Command Headquarters 8 $2,300,000
Hawaii: Schofield Barracks 132 26,600,000
Maryland: Fort George Meade 56 7,900,000
North Carolina: Fort Bragg 174 20,150,000
Texas:
Fort Bliss....................................... 91 12,900,000
Fort Hood........................................ 130 18,800,000
--------------------
Total.......................................... ....... 88,650,000
------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(7)(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 $9,550,000.
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 sections 2104(a)(7)(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 $1,887,214,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $329,700,000.
(2) For the military construction projects outside the
United States authorized by section 2101(b), $156,100,000.
(3) For the construction of the National Range Control
Center, White Sands Missile Range, New Mexico, authorized in
section 2101(a) of the National Defense Authorization Act for
Fiscal Year 1997 (division B of Public Law 104-201; 110 Stat.
2763), $18,000,000.
(4) For the construction of the Whole Barracks Complex
Renewal, Fort Knox, Kentucky, authorized in section 2101(a)
of the National Defense Authorization Act for Fiscal Year
1997 (division B of Public Law 104-201; 110 Stat. 2763,
$22,000,000.
(5) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$6,000,000.
(6) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $63,477,000.
(7) For military family housing functions:
(A) For construction and acquisition, planning and design
and improvement of military family housing and facilities,
$143,000,000.
(B) For support of military family housing (including the
functions described in section 2833 of title 10, United
States Code), $1,148,937,000.
(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 the
total amount authorized to be appropriated under paragraphs
(1) through (4) of subsection (a).
TITLE XXII--NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(1), the Secretary of the Navy may acquire real
property and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:
NAVY: INSIDE THE UNITED STATES
------------------------------------------------------------------------
State and installation or location Amount
------------------------------------------------------------------------
Arizona: Navy Detachment, Camp Navajo..................... $11,426,000
California:
Marine Corps Air Station, Camp Pendleton................ 14,020,000
Marine Corps Air Station, Miramar....................... 8,700,000
Marine Corps Air-Ground Combat Center, Twentynine Palms. 3,810,000
Marine Corps Base, Camp Pendleton....................... 39,469,000
Naval Air Facility, El Centro........................... 11,000,000
Naval Air Station, North Island......................... 19,600,000
Connecticut: Naval Submarine Base, New London............. 18,300,000
Florida: Naval Air Station, Jacksonville.................. 3,480,000
Hawaii:
Marine Corps Air Station, Kaneohe Bay................... 19,000,000
Naval Com & Telecoms Area Master Station EASTPAC,
Honolulu............................................... 3,900,000
Naval Station, Pearl Harbor............................. 25,000,000
Illinois: Naval Training Center, Great Lakes.............. 41,220,000
Mississippi: Naval Station, Pascagoula.................... 4,990,000
North Carolina:
Marine Corps Air Station, Cherry Point.................. 8,800,000
Marine Corps Air Station, New River..................... 19,900,000
Rhode Island: Naval Undersea Warfare Center Division,
Newport.................................................. 8,900,000
South Carolina: Marine Corps Reserve Detachment Parris
Island................................................... 3,200,000
Virginia:
AEGIS Training Center, Dahlgren......................... 6,600,000
Fleet Combat Training Center, Dam Neck.................. 7,000,000
Naval Air Station, Norfolk.............................. 14,240,000
Naval Air Station, Oceana............................... 28,000,000
Naval Amphibious Base, Little Creek..................... 8,685,000
Naval Shipyard, Norfolk, Portsmouth..................... 9,500,000
Naval Station, Norfolk.................................. 18,850,000
Naval Surface Warfare Center, Dahlgren.................. 13,880,000
Naval Weapons Station, Yorktown......................... 11,257,000
Washington:
Naval Air Station, Whidbey Island....................... 1,110,000
Puget Sound Naval Shipyard, Bremerton................... 4,400,000
------------------------------------------------------------------------
Total................................................. 388,227,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(2), the Secretary of the Navy may acquire real
property and carry out military construction projects for the
installations and locations outside the United States, and in
the amounts, set forth in the following table:
NAVY: OUTSIDE THE UNITED STATES
------------------------------------------------------------------------
Country and Installation or Location Amount
------------------------------------------------------------------------
Bahrain: Administrative Support Unit, Bahrain.............. 30,100,000
Guam: Naval Com & Telecoms Area Master Station WESTPAC,
Guam...................................................... 4,050,000
Italy: Naval Air Station, Sigonella........................ 21,440,000
Italy: Naval Support Activity, Naples...................... 8,200,000
Puerto Rico: Naval Station, Roosevelt Roads................ 500,000
United Kingdom: Joint Maritime Communications Center, St.
Mawgan.................................................... 2,330,000
------------
Total.................................................. 66,620,000
------------------------------------------------------------------------
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:
[[Page S2370]]
NAVY: FAMILY HOUSING
------------------------------------------------------------------------
Purpose
State and Installation or Location (Units) Amount
------------------------------------------------------------------------
California:
Marine Corps Air Station, Miramar.............. 166 $28,881,000
Marine Corps Air-Ground Combat Center,
Twentynine Palms.............................. 117 23,891,000
Marine Corps Base, Camp Pendleton.............. 171 22,518,000
Naval Air Station, Lemoore..................... 128 23,226,000
----------------------
Total........................................ ........ 98,516,000
------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriation in section
2204(a)(8)(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 $15,100,000.
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)(8)(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 $1,791,033,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $388,227,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $66,120,000.
(3) For construction of 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.
(4) For construction of Bachelor Enlisted Quarters at Naval
Station Roosevelt Roads, Puerto Rico, authorized by section
2201(a) of the Military Construction Authorization Act for
fiscal year 1997 (Division B of Public Law 104-201; 110 Stat.
2767), $14,600,000.
(5) For construction of a Large Anecohic Chamber Facility
at Patuxent River Naval Air 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.
(6) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $9,960,000.
(7) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $42,489,000.
(8) For military family housing functions:
(A) For construction and acquisition, planning and design
and improvement of military family housing and facilities,
$278,933,000.
(B) For support of military housing (including functions
described in section 2833 of title 10, United States Code),
$976,504,000.
(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 the
total amount authorized to be appropriated under
paragraphs (1) through (5) of subsection (a).
TITLE XXIII--AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amount appropriated
pursuant to the authorization of appropriations in section
2304(a)(1), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:
AIR FORCE: INSIDE THE UNITED STATES
------------------------------------------------------------------------
State and Installation or Location Amount
------------------------------------------------------------------------
Alabama: Maxwell Air Force Base............................ $5,574,000
Alaska:
Clear Air Station........................................ 67,069,000
Eielson Air Force Base................................... 7,764,000
Indian Mountain.......................................... 1,991,000
California:
Edwards Air Force Base................................... 2,887,000
Vandenberg Air Force Base................................ 26,876,000
Colorado:
Buckley Air National Guard Base.......................... 6,718,000
Falcon Air Force Station................................. 10,551,000
Peterson Air Force Base.................................. 4,081,000
US Air Force Academy..................................... 15,229,000
Florida:
Eglin Auxiliary Field 9.................................. 6,470,000
MacDill Air Force Base................................... 1,543,000
Georgia: Robins Air Force Base............................. 18,663,000
Idaho: Mountain Home Air Force Base........................ 17,719,000
Kansas: McConnell Air Force Base........................... 6,669,000
Louisiana: Barksdale Air Force Base........................ 19,410,000
Mississippi: Keesler Air Force Base........................ 30,855,000
Missouri: Whiteman Air Force Base.......................... 17,419,000
New Jersey: McGuire Air Force Base......................... 9,954,000
North Carolina: Pope Air Force Base........................ 8,356,000
North Dakota: Grand Forks Air Force Base................... 8,560,000
Ohio: Wright-Patterson Air Force Base...................... 10,750,000
Oklahoma: Tinker Air Force Base............................ 9,655,000
South Carolina: Shaw Air Force Base........................ 6,072,000
Tennessee: Arnold Air Force Base........................... 10,750,000
Texas: 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 Base................................. 7,366,000
McChord Air Force Base................................... 9,655,000
CONUS Classified: Classified Location...................... 6,175,000
------------
Total.................................................. 367,770,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(2), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations and locations outside the United States, and in
the amounts, set forth in the following table:
AIR FORCE: OUTSIDE THE UNITED STATES
------------------------------------------------------------------------
Country and Installation or Location Amount
------------------------------------------------------------------------
Germany: Spangdahlem Air Base.............................. $18,500,000
Italy: Aviano Air Base..................................... 15,220,000
Korea:
Kunsan Air Base.......................................... 10,325,000
Osan Air Base............................................ 11,100,000
Portugal: Lajes Field, Azores.............................. 4,800,000
United Kingdom: Royal Air Force, Lakenheath................ 11,400,000
Overseas Classified: Classified Location................... 31,100,000
------------
Total.................................................. 102,445,000
------------------------------------------------------------------------
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
------------------------------------------------------------------------
Purpose
State and Installation or Location (Units) Amount
------------------------------------------------------------------------
California:
Edwards Air Force Base......................... 51 $8,500,000
Travis Air Force Base.......................... 70 9,714,000
Vandenberg Air Force Base...................... 108 17,100,000
Delaware: Dover Air Force Base................... ( \1\ ) 831,000
District of Columbia: Bolling Air Force Base..... 46 5,100,000
Florida:
MacDill Air Force Base......................... 58 10,000,000
Tyndall Air Force Base......................... 32 4,200,000
Georgia: Robins Air Force Base................... 60 6,800,000
Idaho: Mountain Home Air Force Base.............. 60 11,032,000
Kansas: McConnell Air Force Base................. 19 2,951,000
Mississippi:
Columbus Air Force Base........................ 50 6,200,000
Keesler Air Force Base......................... 40 5,000,000
Montana: Malmstrom Air Force Base................ 28 4,842,000
New Mexico: Kirtland Air Force Base.............. 180 20,900,000
North Dakota: Grand Forks Air Force Base......... 42 7,936,000
Texas:
Dyess Air Force Base........................... 70 10,503,000
Goodfellow Air Force Base...................... 3 500,000
Wyoming: F E Warren Air Force Base............... 52 6,853,000
----------------------
Total........................................ ........ 138,962,000
------------------------------------------------------------------------
\1\ Ancillary facility.
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(5)(A), the Secretary of the Air Force may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of military family housing units in an amount
not to exceed $11,971,000.
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 $1,579,144,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $343,912,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $102,445,000.
(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, $40,880,000.
(5) For military housing functions:
(A) For construction and acquisition, planning and design
and improvement of military family housing and facilities,
$253,128,000.
(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) plus $23,858,000 of prior year
appropriations.
SEC. 2305. AUTHORIZATION OF MILITARY CONSTRUCTION PROJECT 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
[[Page S2371]]
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 the paragraph, 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
2404(a)(1), the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:
DEFENSE AGENCIES: INSIDE THE UNITED STATES
------------------------------------------------------------------------
Agency and Installation or Location Amount
------------------------------------------------------------------------
Defense Commissary Agency: Fort Lee, Virginia.............. $9,300,000
Defense Finance and Accounting Service:
Columbus Center, Ohio.................................... 9,722,000
Naval Air Station, Millington, Tennessee................. 6,906,000
Naval Station, Norfolk, Virginia......................... 12,800,000
Naval Station, Pearl Harbor, Hawaii...................... 10,000,000
Defense Intelligence Agency:
Bolling Air Force Base, District of Columbia............. 7,000,000
Redstone Arsenal, Alabama................................ 32,700,000
Defense Logistics Agency:
Defense Distribution Depot--DDNV, Virginia............... 16,656,000
Defense Distribution New Cumberland--DDSP, Pennsylvania.. 15,500,000
Defense Fuel Support Point, Craney Island, Virginia...... 22,100,000
Defense General Supply Center, Richmond (DLA), Virginia.. 5,200,000
Elmendorf Air Force Base, Alaska......................... 21,700,000
Naval Air Station, Jacksonville, Florida................. 9,800,000
Truax Field, Wisconsin................................... 4,500,000
Westover Air Reserve Base, Massachusetts................. 4,700,000
CONUS Various, CONUS Various............................. 11,275,000
Defense Medical Facilities Office:
Fort Campbell, Kentucky.................................. 13,600,000
Fort Detrick, Maryland................................... 5,300,000
Hill Air Force Base, Utah................................ 3,100,000
Holloman Air Force Base, New Mexico...................... 3,000,000
Lackland Air Force Base, Texas........................... 3,000,000
Marine Corps Combat Dev Com, Quantico, Virginia.......... 19,000,000
McGuire Air Force Base, New Jersey....................... 35,217,000
Naval Air Station, Pensacola, Florida.................... 2,750,000
Naval Station, Everett, Washington....................... 7,500,000
Naval Station, San Diego, California..................... 2,100,000
Naval Submarine Base, New London, Connecticut............ 2,300,000
Robins Air Force Base, Georgia........................... 19,000,000
Tinker Air Force Base, Oklahoma.......................... 6,500,000
Wright-Patterson Air Force Base, Ohio.................... 2,750,000
National Security Agency: Fort George Meade, Maryland...... 29,800,000
Special Operations Command:
Eglin Auxiliary Field 3, Florida......................... 6,100,000
Fort Benning, Georgia.................................... 12,314,000
Fort Bragg, North Carolina............................... 1,500,000
Hurlburt Field, Florida.................................. 2,450,000
Naval Amphibious Base, Coronado, California.............. 7,400,000
------------
Total.................................................. 384,540,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2404(a)(2), the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations and locations outside the United States, and in
the amounts, set forth in the following table:
DEFENSE AGENCIES: OUTSIDE THE UNITED STATES
------------------------------------------------------------------------
Agency and Installation or Location Amount
------------------------------------------------------------------------
Ballistic Missile Defense Organization: Pacific Missile
Range, Kwajalein Atoll.................................... $4,565,000
Defense Logistics Agency:
Defense Fuel Support Point, Guam......................... 16,000,000
Moron Air Base, Spain.................................... 14,400,000
Defense Medical Facilities Office: Anderson Air Force Base,
Guam...................................................... 3,700,000
------------
Total.................................................. 38,665,000
------------------------------------------------------------------------
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 $4,900,000.
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 $2,772,161,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $377,390,000.
(2) For military construction projects outside the United
States authorized by section 2401(a), $34,965,000.
(3) 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 (division B of Public
Law 102-484; 106 Stat. 2599), $20,000,000.
(4) For military construction projects at Defense Finance
and Accounting Service, Columbus, Ohio, authorized by section
2401(a) of the Military Construction Authorization Act of
Fiscal Year 1996 (division B of Public Law 104-106; 110 Stat.
535), $14,200,000.
(5) For military construction projects at Pine Bluff
Arsenal, Arkansas, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal Year 1995
(division B of the Public Law 103-337; 108 Stat. 3040),
$44,000,000.
(6) 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 the Public Law 103-337; 108 Stat. 3040), $57,427,000.
(7) 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 the Public Law 102-484; 106 Stat. 2586), $9,900,000.
(8) For unspecified minor construction projects under
section 2805 of title 10, United States Code, $25,257,000.
(9) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States
Code, $9,844,000.
(10) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $55,650,000.
(11) For Energy Conservation projects authorized by section
2403, $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) through (13) of subsection (a).
SEC. 2406. USE OF PRIOR YEAR APPROPRIATIONS.
Funds provided by the Military Construction Appropriations
Act, 1995 (Public Law 103-307) August 23, 1994) in the amount
of $10,280,000 for the upgrade the hospital facility at
McClellan Air Force Base, California are available due to the
closure of this facility as a result of Base Realignment and
Closure actions. These moneys are to be used by the
Department to fund two medical construction projects
authorized by this Act, the Aeromedical Clinic Addition at
Andersen Air Base, Guam in the amount of $37,700,000 and the
Occupational Health Clinic Facility at Tinker Air Force Base,
Oklahoma, in the amount of $6,500,000.
SEC. 2407. 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), 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.
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 $176,300,000.
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 1801 of title
10, United States Code
[[Page S2372]]
(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,
$45,098,000; and
(B) for the Army Reserve, $39,112,000.
(2) For the Department of the Navy, for the Naval and
Marine Corps Reserve, $13,921,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United States,
$60,225,000; and
(B) for the Air Force Reserve, $14,530,000.
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
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 title XXI, XXII, XXIII, and
XXIV 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 AUTHORIZATIONS
------------------------------------------------------------------------
State and Installation or Location Project Amount
------------------------------------------------------------------------
California: Fort Irwin............. National Training $10,000,000
Center Airfield Phase
I.
------------------------------------------------------------------------
NAVY: EXTENSION OF 1995 PROJECT AUTHORIZATIONS
------------------------------------------------------------------------
State and Installation or Location Project Amount
------------------------------------------------------------------------
Georgia: Naval Air Station Marietta Training Center....... $2,650,000
Maryland:
Indian Head Naval Surface Warfare Upgrade Power Plant... 4,000,000
Center.
Indian Head Naval Surface Warfare Denitrification/Acid 6,400,000
Center. Mixing Facility.
Virginia: Norfolk Marine Corps Sec Bachelor Enlisted 6,480,000
Force Batt LANT. Quarters.
Washington: Naval Station Puget New Construction 780,000
Sound, Everett. (Housing Office).
Conus Classified: Classified Aircraft Fire/Rescue & 2,200,000
Location. Vehicle Maint Fac.
------------------------------------------------------------------------
AIR FORCE: EXTENSION OF 1995 PROJECT AUTHORIZATIONS
------------------------------------------------------------------------
State and Installation or Location Project Amount
------------------------------------------------------------------------
California:
Beal Air Force Base.............. Consolidated Support $10,400,000
Center.
Los Angeles Air Force Station.... Family Housing (50 8,962,000
units).
North Carolina:
Pope Air Force Base.............. Combat Control Team 2,400,000
Facility.
Pope Air Force Base.............. Fire Training Center.. 1,100,000
------------------------------------------------------------------------
DEFENSE AGENCIES: EXTENSION OF 1995 PROJECT AUTHORIZATIONS
------------------------------------------------------------------------
State and Installation or Location Project Amount
------------------------------------------------------------------------
Alabama: Anniston Army Depot....... Carbon Filtration $5,000,000
System.
Arkansas: Pine Bluff Arsenal....... Ammunition 115,000,000
Demilitarization
Facility.
California: Def Contract Mgmt Ofc Administrative 5,100,000
El Segundo. Building (Conjunctive
Fund).
Oregon: Umatilla Army Depot........ Ammunition 186,000,000
Demilitarization
Facility.
------------------------------------------------------------------------
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
1994 PROJECTS.
(a) Extensions.--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 tables in
subsection (b), as provided in title XXII, and XXIII of that
Act, shall remain in effect until October 1, 1997, or the
date of the enactment of an Act authorizing funds for
military construction for fiscal year 1998, whichever is
later.
(b) Tables.--The tables referred to in subsection (a) are
as follows:
NAVY: EXTENSION OF 1994 PROJECT AUTHORIZATIONS
------------------------------------------------------------------------
State and Installation or Location Project Amount
------------------------------------------------------------------------
California: Camp Pendleton Marine Sewage Facility....... $7,930,000
Corps Base.
Connecticut: New London............ Hazardous Waste 1,450,000
Facility.
------------------------------------------------------------------------
SEC. 2704. EXTENSION OF AUTHORIZATION OF OVER-THE-HORIZON
RADAR IN PUERTO RICO.
(a) Extension.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 1995
(division B of Public Law 103-337; 108 Stat. 3046),
authorization set forth in table in subsection (b) and the
fiscal year 1995 Defense Appropriation Act Public Law 103-
335; 108 Stat. 2615 and subsequently transferred to the
Military Construction appropriation 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 1995 PROJECT AUTHORIZATION
------------------------------------------------------------------------
Location and Installation Project Amount
------------------------------------------------------------------------
Puerto Rico: Naval Station Relocatable Over-The- $10,000,000
Roosevelt Roads. Horizon Radar.
------------------------------------------------------------------------
SEC. 2705. 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. STREAMLINING REAL PROPERTY TRANSACTIONS AND
ARCHITECTURAL AND ENGINEERING SERVICES AND
CONSTRUCTION DESIGN.
(a) In General.--(1) Section 2662 of title 10, United
States Code, is repealed.
(2) Section 2807 of title 10, United States Code, is
amended--
(A) by striking subsection (b);
(B) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
(b) Clerical Amendment.--The table of sections at the
beginning of Chapter 159 of title 10, United States Code, is
amended by striking the item relating to section 2662 and
inserting in lieu thereof the following:
``[2662. Repealed.]''.
Subtitle B--Other Matters
SEC. 2802. INCREASE IN MAXIMUM LIMIT FOR MINOR LAND
ACQUISITIONS.
(a) In General.--Section 2672 of title 10, United States
Code is amended by striking ``$200,000'' each place it
appears and inserting in lieu thereof ``$500,000''.
(b) Clerical Amendment.--The table of sections at the
beginning of Chapter 159 of title 10, United States Code, is
amended by striking the item relating to section 2672 and
inserting in lieu thereof the following:
``2672. Acquisition: interests in land when cost is not more than
$500,000.''.
SEC. 2803. ADMINISTRATIVE EXPENSES FOR CERTAIN REAL ESTATE
TRANSACTIONS.
(a) In General.--Chapter 159 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2695. Administrative expenses for certain real estate
transactions
``Whenever the Secretary of a Military Department (1)
exchanges, (2) grants an easement or lease, or (3) licenses
real property to a non-Federal party, the Department may
accept funds from the non-Federal party for expenses incurred
incident to or in furtherance of such transaction. Any funds
so received shall be credited to the current appropriation,
fun, or account that is available for the same purpose as the
appropriation, fund, or account from which the cost of
conducting such transaction is paid.''.
(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. Administrative expenses for certain real estate
transactions.''.
SEC. 2804. LONG TERM LEASE AUTHORITY, NAPLES IMPROVEMENT
INITIATIVE, NAPLES, ITALY.
(a) Authority.--The Secretary of the Navy may acquire by
lease in Naples, Italy, structures and real property relating
to a regional hospital complex that are needed for military
purposes as required to support the Naples Improvement
Initiative. A lease under this subsection may be for a period
of up to twenty years.
(b) Expiration.--This authority shall expire 30 September
2002.
______
By Mr. DORGAN (for himself, Mr. Grassley, Mr. Rockefeller, Mr.
Baucus, Mr. Roberts, Mr. Harkin, Mr. Faircloth, Mr. Hutchinson,
Mr. Inouye and Mr. Conrad):
S. 452. A bill to amend titles XVIII and XIX of the Social Security
Act to permit a waiver of the prohibition of offering nurse aide
training and competency evaluation programs in certain nursing
facilities; to the Committee on Finance.
THE NURSE AIDE TRAINING ACT OF 1997
Mr. DORGAN. Mr. President, today, I am introducing legislation
that will preserve quality care in rural nursing homes by ensuring that
they can continue to conduct nurse aide training programs in their
facilities.
[[Page S2373]]
This bill enjoys bipartisan support, and I am joined in introducing
this bill by Senators Grassley, Rockefeller, Baucus, Roberts, Harkin,
Faircloth, Hutchinson, Inouye, and Conrad. The bill, which also has the
support of the Clinton administration, will prevent the termination of
nurse aide training programs where the reason for the termination is
unrelated to the quality of the program and where no training
alternative exists within a reasonable distance.
I have long believed that the Federal Government has an important
role to play in ensuring against the kinds of abuses that sometimes
occurred prior to enactment of Federal nursing home standards. I do not
believe that those abuses were the norm in nursing homes. Nursing homes
in my State of North Dakota have a strong record of providing quality
care, and I believe that this was the case in most nursing homes.
But it is clear that some nursing homes did not meet that high
standard, and many States were slow to respond. To address that
critical problem, I supported and continue to support minimum Federal
quality standards. Our first priority in nursing home legislation must
be the quality of care provided to residents, and we should not pass
any laws that would compromise that goal.
However, I believe that some of our efforts to regulate nursing homes
have not resulted in greater quality of care for residents. In some
cases, by imposing unnecessary burdens and severe penalties that are
not focused on quality, some laws and regulations can actually hinder
the delivery of quality care. The legislation I am offering today will
address one such instance.
In rural areas all over the country, nursing facilities offer
potential caretakers an opportunity to learn the basic nursing and
personal care skills needed to become a certified nurse aide. In
return, those who participate in a nurse aide training program help
nursing facilities meet their staffing needs and allow the nursing
staff to focus more on administering quality nursing care.
Nurse aide training programs are especially important in rural areas
like my State of North Dakota, where potential nurse aides might have
to travel hundreds of miles for training if it is not available at the
nursing facility in their community. These nurse aide training programs
comply with strict guidelines related to the amount of training
necessary and determination of competency for certification.
Despite these safeguards, current law allows programs to be
terminated for up to 2 years if a facility has been cited for a
deficiency or assessed a civil money penalty for reasons completely
unrelated to the quality of the nurse aide training program. In North
Dakota, this could result in real hardship not just for the nursing
facility and potential nurse aides, but for the nursing home residents
who rely on nurse aides for their day-to-day care.
Under my bill, rural areas would be exempt from termination of nurse
aide training programs in these specific instances only if: First, no
other program is offered within a reasonable distance of the facility;
second, the State assures that an adequate environment exists for
operating the program; and third, the State provides notice of the
determination and assurances to the State long-term care ombudsman.
The President has included this proposal in the last two budgets he
has presented to Congress. In addition, Congress included this proposal
in the Balanced Budget Act passed in December 1995.
I hope my colleagues will join me in supporting this bill.
I ask unanimous consent that the full text of the bill be printed in
the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 452
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. PERMITTING WAIVER OF PROHIBITION OF OFFERING NURSE
AIDE TRAINING AND COMPETENCY EVALUATION
PROGRAMS IN CERTAIN FACILITIES.
(a) Waiver.--Sections 1819(f)(2) and section 1919(f)(2) of
the Social Security Act (42 U.S.C. 1395i-3(f)(2),
1396r(f)(2)) are each amended--
(1) in subparagraph (B)(iii), by inserting ``subject to
subparagraph (C),'' after ``(iii)''; and
(2) by adding at the end, the following:
``(C) Waiver authorized.--Clause (iii) of subparagraph (B)
shall not apply to a program offered in (but not by) a
nursing facility in a State if the State--
``(i) determines that there is no other such program
offered within a reasonable distance of the facility;
``(ii) assures, through an oversight effort, that an
adequate environment exists for operating the program in the
facility; and
``(iii) provides notice of such determination and
assurances to the State long-term care ombudsman.''.
(b) Effective Date.--The amendments made by subsection (a)
apply to programs offered on or after the date of enactment
of this Act.
Mr. GRASSLEY. Mr. President, today I join Senator Byron Dorgan of
North Dakota in introducing legislation aimed at reversing the lack of
qualified nurse aides in rural America by encouraging local training
programs to continue their work. Our goal is to improve the level of
care in nursing homes. Increasing the availability of qualified staff
in rural nursing homes will help older Americans live better lives.
Many rural nursing homes rely on their own training programs to
certify nurse aides. Current Federal law allows these training programs
to be terminated due to problems unrelated to the quality of the
training program. In rural areas, terminating a nurse aide training
program can result in a lack of qualified staff at a rural facility.
Therefore, terminating a nurse training program can actually make
conditions worse, not better.
This bill ensures that nurse aide training programs will be judged on
their own merits, not on outside factors. This is commonsense
legislation. Judging people on their actions and programs on their
results is the American way. Judging training programs on outside
factors doesn't penalize the substandard nursing homes, it penalizes
older Americans.
______
By Mr. TORRICELLI (for himself and Mr. Lautenberg):
S. 453. A bill to study the high rate of cancer among children in
Dover Township, NJ, and for other purposes; to the Committee on Labor
and Human Resources.
THE MICHAEL GILLICK CHILDHOOD CANCER RESEARCH ACT
Mr. TORRICELLI. Mr. President, I ask unanimous consent that the text
of the bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 453
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 ``Michael Gillick Childhood
Cancer Research Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) during the period from 1980 to 1988, Ocean County, New
Jersey, had a significantly higher rate of childhood cancer
than the rest of the United States, including a rate of brain
and central nervous system cancer that was nearly 70 percent
above the rate of other States;
(2) during the period from 1979 to 1991--
(A) there were 230 cases of childhood cancer in Ocean
County, of which 56 cases were in Dover Township, and of
those 14 were in Toms River alone;
(B) the rate of brain and central nervous system cancer of
children under 20 in Toms River was 3 times higher than
expected, and among children under 5 was 7 times higher than
expected; and
(C) Dover township, which would have had a nearly normal
cancer rate if Toms River was excluded had a 49 percent
higher cancer rate than the rest of the State and an 80
percent higher leukemia rate than the rest of the State; and
(3)(A) according to New Jersey State averages, a population
the size of Toms River should have 1.6 children under age 19
with cancer; and
(B) Toms River currently has 5 children under the age of 19
with cancer.
SEC. 3. STUDY.
(a) In General.--The Administrator of the Agency for Toxic
Substances and Disease Registry shall conduct dose-
reconstruction modeling and an epidemiological study of
childhood cancer in Dover Township, New Jersey.
(b) Grant to New Jersey.--The Administrator may make 1 or
more grants to the State of New Jersey to carry out
subsection (a).
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
Act--
(1) $1,000,000 for fiscal year 1998; and
(2) $2,000,000 for each of fiscal years 1999 and 2000.
______
By Mr. DORGAN (for himself and Mr. Craig):
[[Page S2374]]
S. 454. A bill to provide incentives to encourage stronger truth in
sentencing of violent offenders, and for other purposes; to the
Committee on the Judiciary.
the stop allowing felons early release (safer) act
Mr. DORGAN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 454
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 ``Stop Allowing Felons Early
Release (SAFER) Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) violent criminals often serve only a small portion of
the terms of imprisonment to which they are sentenced;
(2) a significant proportion of the most serious crimes of
violent committed in the United States are committed by
criminals who have been released early from a term of
imprisonment to which they were sentenced for a prior
conviction for a crime of violence;
(3) violent criminals who are released before the
expiration of the term of imprisonment to which they were
sentenced often travel to other States to commit subsequent
crimes of violence;
(4) crimes of violence and the threat of crimes of violence
committed by violent criminals who are released from prison
before the expiration of the term of imprisonment to which
they were sentenced affects tourism, economic development,
use of the interstate highway system, federally owned or
supported facilities, and other commercial activities of
individuals; and
(5) the policies of one State regarding the early release
of criminals sentenced in that State for a crime of violence
often affect the citizens of other States, who can influence
those policies only through Federal law.
(b) Purpose.--The purpose of this Act is to reduce crimes
of violence by encouraging States to incarcerate violent
offenders for the full term of imprisonment to which they
are sentenced.
SEC. 3. ELIGIBILITY FOR TRUTH IN SENTENCING INCENTIVE GRANTS.
(a) In General.--Section 20102(b)(1) of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C.
13702(b)(1)) is amended to read as follows:
``(1) Formula allocation.--
``(A) In general.--Of amounts made available to carry out
this section, the Attorney General shall allocate for each
eligible State an amount equal to the ratio that the number
of part 1 violent crimes reported by such State to the
Federal Bureau of Investigation for 1993 bears to the number
of part 1 violent crimes reported by all States to the
Federal Bureau of Investigation for 1993.
``(B) Other states.--
``(i) In general.--For each eligible State that has not
enacted a statute meeting the requirements of clause (ii),
the Attorney General shall reduce the amount allocated under
subparagraph (A) by 25 percent.
``(ii) Statute described.--A statute meets for requirements
of this clause if it results in the elimination of parole,
good time credit release, and any other form of early release
for any person convicted of a part 1 violent crime, with
early release permitted only by approval of the Governor of
the State after a public hearing during which representatives
of the public and the victims of the part 1 violent crime at
issue have had an opportunity to be heard regarding the
proposed release.
``(iii) Allocation.--The total amount of the reductions
under clause (i) shall be allocated to each eligible State
that has enacted a statute meeting the requirements of clause
(ii) in accordance with the formula under subparagraph
(A).''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect 3 years after the date of enactment of this
Act.
______
By Mr. DORGAN (for himself and Mr. Craig):
S. 455. A bill to amend title 18, United States Code, to eliminate
good time credits for prisoners serving a sentence for a crime of
violence, and for other purposes; to the Committee on the Judiciary.
the 100 percent truth-in-sentencing act
Mr. DORGAN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 455
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 ``100 Percent Truth-in-
Sentencing Act''.
SEC. 2. ELIMINATION OF CREDIT TOWARD SERVICE OF SENTENCE FOR
SATISFACTORY BEHAVIOR.
Section 3624(b) of title 18, United States Code, is
amended--
(1) by striking ``(b)'' and all that follows through
``Subject to paragraph (2),'' and inserting the following:
``(b) Credit Toward Service of Sentence for Satisfactory
Behavior.--
``(1) In general.--
``(A) General rule.--Subject to paragraph (2) and to
subparagraph (B) of this paragraph,'';
(2) by striking the second sentence; and
(3) by adding at the end the following:
``(B) Crimes of violence.--A prisoner who is serving a term
imprisonment of more than 1 year for a crime of violence
shall not be eligible for credit toward the service of the
prisoner's sentence under subparagraph (A).''; and
(4) by indenting paragraphs (3) and (4) 2 ems to the right.
____________________