[Congressional Record Volume 143, Number 84 (Tuesday, June 17, 1997)]
[Senate]
[Pages S5791-S5875]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. THURMOND (for himself and Mr. Hollings):
S. 915. A bill to amend the Harmonized Tariff schedule of the United
States to suspend temporarily the duty on certain manufacturing
equipment; to the Committee on Finance.
duty suspension legislation
Mr. THURMOND. Mr. President, I rise today to introduce, along with
Senator Hollings, a bill which will suspend the duties imposed on
certain equipment used to manufacture earthmoving tires. Currently,
these machines are not manufactured in the United States nor is a
substitute readily available. Therefore, suspending the duties on these
items would not adversely affect domestic industries.
Mr. President, suspending the duty on these machines will benefit the
consumers of earthmoving tires. Currently, demand for these tires
exceeds supply and this suspension would not harm other manufacturers.
I hope the Senate will consider this measure expeditiously.
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. 915
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SUSPENSION OF DUTY ON CERTAIN MANUFACTURING
EQUIPMENT.
(a) In General.--Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new headings:
``9902.84.79 Calendaring or Free No No On or
other rolling change change before
machines for 12/31/
rubber, valued at 2000
not less than
$2,200,000 each,
numerically
controlled, or
parts thereof
(provided for in
subheading
8420.10.90,
8420.91.90, or
8420.99.90) and
material holding
devices or
similar
attachments
thereto..........
9902.84.81 Shearing machines Free No No On or
used to cut change change before
metallic tissue 12/31/
capable of a 2000
straight cut of 5
m or more, valued
at not less than
$750,000 each,
numerically
controlled
(provided for in
subheading
8462.31.00)......
9902.84.83 Machine tools for Free No No On or
working wire of change change before
iron or steel for 12/31/
use in products 2000
provided for in
subheading
4011.20.10,
valued at not
less than
$375,000 each,
numerically
controlled, or
parts thereof
(provided for in
subheading
8463.30.00)......
9902.84.85 Extruders of a Free No No On or
type used for change change before
processing 12/31/
rubber, valued at 2000
not less than
$2,000,000 each,
numerically
controlled, or
parts thereof
(provided for in
subheading
8477.20.00 or
8477.90.80)......
9902.84.87 Machinery for Free No No On or
molding, change change before
retreading, or 12/31/
otherwise forming 2000
uncured,
unvulcanized
rubber for use in
processing
products provided
for in subheading
4011.20.10,
valued at not
less than
$800,000 each,
capable of
holding cylinders
measuring 114
centimeters or
more in diameter,
numerically
controlled, or
parts thereof
(provided for in
subheading
8477.51.00 or
8477.90.80)......
9902.84.89 Sector mold press Free No No On or
machines used for change change before
curing or 12/31/
vulcanizing 2000
rubber, valued at
not less than
$1,000,000 each,
weighing 135,000
kg or more,
numerically
controlled, or
parts thereof
(provided for in
subheading
8477.90.80)......
9902.84.91 Sawing machines, Free No No On or
valued at not change change before
less than 12/31/
$600,000 each, 2000.''
weighing 18,000
kg or more, for
working cured,
vulcanized rubber
described in
heading 4011
(provided for in
subheading
8465.91.00)......
(b) Effective Date.--
(1) General rule.--The amendment made by subsection (a)
applies with respect to goods entered, or withdrawn from
warehouse for consumption, on the date that is 15 days after
the date of enactment of this Act.
(2) Retroactive application to certain entries.--
Notwithstanding section 514 of the Tariff Act of 1930 (19
U.S.C. 1514) or any other provision of law, upon proper
request filed with the Customs Service before the 90th day
after the date of enactment of this Act, any entry, or
withdrawal from warehouse for consumption, of any goods
described in subheading 9902.84.79, 9902.84.81, 9902.84.83,
9902.84.85, 9902.84.87, 9902.84.89, or 9902.84.91 of the
Harmonized Tariff Schedule of the United States (as added by
subsection (a)) that was made--
(A) on or after May 1, 1997; and
(B) before the 15th day after the date of enactment of this
Act;
shall be liquidated or reliquidated as though such entry or
withdrawal occurred on the date that is 15 days after the
date of enactment of this Act.
Mr. HOLLINGS. Madam President, today, I, along with Senator Thurmond,
introduce duty suspension legislation designed to permit the import of
certain tire manufacturing equipment into the United States duty free.
U.S. companies do not manufacture the custom equipment to be imported,
and therefore its importation will not displace domestic sourcing.
Moreover, because the product at issue is manufacturing equipment, it
will assist in the creation of additional jobs in the tire
manufacturing industry.
I believe that this is the most appropriate use of duty suspension
legislation. The custom imported product will not displace any product
manufactured in the United States. Moreover, the imported product will
assist in creating more productive capacity in the United States. This
equipment will be used to manufacture a product that heretofore was not
made in the United States. I am therefore hopeful that this new
capacity can be used to supply both domestic and foreign needs and will
increase employment in the tire manufacturing industry.
______
By Mr. COCHRAN:
S. 916. A bill to designate the U.S. Post Office building located at
750 Highway 28 East in Taylorsville, MS, as the ``Blaine H. Eaton Post
Office Building''; to the Committee on Governmental Affairs.
THE BLAINE H. EATON POST OFFICE BUILDING DESIGNATION ACT OF 1997
Mr. COCHRAN. Mr. President, I am pleased to introduce legislation
designating the U.S. Post Office facility located in Taylorsville, MS,
as the ``Blaine H. Eaton Post Office Building.''
[[Page S5792]]
A native of Smith County, Mississippi, Mr. Eaton attended Jones
Junior College from 1932-34 and was named Alumni of the Year in 1984.
He also attended the University of Mississippi and George Washington
Law School.
He began his professional career as a farmer and cotton buyer for
Anderson-Clayton Co. and in 1942, he became the first executive
secretary to my predecessor in the Senate, U.S. Senator James O.
Eastland. Blaine Eaton served our Nation in the U.S. Navy from 1944 to
1946. Upon returning home from the war, he was elected to serve in the
Mississippi State House of Representatives, and he effectively served
the people of Smith County for 12 years. His leadership as chairman of
the Highway and Highway Finance Committee resulted in the successful
passage of the Farm-to-Market legislation that is still benefiting
Mississippians today as the State Aid Road Program. After leaving
public office in 1958, Blaine became the manager of the Southern Pine
Electric Power Association. His outstanding service and accomplishments
were recognized by the National Rural Electric Cooperative Association
with the Clyde T. Ellis Award for distinguished service and outstanding
leadership.
Although retiring from his professional career in 1982, Blaine
remained active in community service and enriched the lives of many by
volunteering his time and leadership abilities to such organizations as
the Lions International, the Hiram Masonic Lodge, the Southeast
Mississippi Livestock Association and the Economic Development
Foundation. He was also a loyal member of the First Baptist Church of
Taylorsville where he taught Sunday School classes for 25 years.
With the death of Blaine Eaton in 1995, our State lost one of its
finest citizens. Designating the Taylorsville Post Office as the
``Blaine H. Eaton Post Office Building'' will commemorate the public
service of this extraordinary Mississippian who dedicated his life to
the betterment of the community and State he loved so much.
Mr. President, I ask unanimous consent 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. 916
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. DESIGNATION OF BLAINE H. EATON POST OFFICE
BUILDING.
The United States Post Office building located at 750
Highway 28 East in Taylorsville, Mississippi, shall be known
and designated as the ``Blaine H. Eaton Post Office
Building''.
SEC. 2. REFERENCES.
Any reference in a law, map, regulation, document, paper,
or other record of the United States to the United States
Post Office building referred to in section 1 shall be deemed
to be a reference to the ``Blaine H. Eaton Post Office
Building''.
______
By Mr. TORRICELLI (for himself and Mrs. Feinstein):
S. 917. A bill to amend section 6105 of title 38, United States Code,
to expand the range of criminal offenses resulting in forfeiture of
veterans benefits; to the Committee on Veterans Affairs.
THE NATIONAL CEMETERIES SANCTITY ACT
Mr. TORRICELLI. Mr. President, I rise today, on behalf of myself and
the distinguished ranking member of the Terrorism Subcommittee Senator
Feinstein, to introduce the Protection of the Sanctity of National
Cemeteries Act.
In so doing, I urge my colleagues to join me in my effort to close a
huge loophole in our laws, which will allow Timothy McVeigh a hero's
burial in a national cemetery--even after the Federal Government puts
him to death for his heinous act of terrorism.
Mr. President, current law lists a whole host of criminal acts by
which even an honorably discharged veteran loses the right to burial in
a national cemetery. These acts include espionage, treason, sedition,
sabotage, rebellion and disclosure of national secrets, among other
offenses.
But for some reason, the use of a weapon of mass destruction against
the property or persons of the U.S. Government is not included in this
list. Nor is the murder of Federal law enforcement officers or the rest
of the offenses already included in the definition of a Federal crime
of terrorism. Each of these offenses is as clear a threat to the
National Security of the United States as the crimes already listed,
and should clearly disqualify the perpetrator from an honorable burial
at Government expense.
Because of this gaping loophole in the law, Timothy McVeigh--
amazingly--remains entitled to burial next to true national heroes--men
and women who have fought and died to defend this country and
everything it stands for. He remains entitled to this hero's burial
despite having committed the worst act of terrorism ever perpetrated on
American soil.
This situation is unacceptable. It is an insult to the memories of
the 168 victims killed in the Oklahoma City blast. It is an insult to
the memories of the truly courageous men and women who have earned and
maintained the right to a hero's burial by the Federal Government. And
it is an insult to justice, plain and simple.
Today, I am introducing a bill to close this loophole once and for
all. My bill would amend current law to include every crime listed as a
Federal crime of terrorism, including McVeigh's crimes, in the list of
disqualifiers for military burial. We should not provide honorable
burials for persons who commit acts of terrorism against the U.S.
Government. I urge my colleagues to support 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. 917
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 Cemeteries Sanctity
Act''.
SEC. 2. EXPANSION OF CRIMINAL OFFENSES RESULTING IN
FORFEITURE OF VETERANS BENEFITS.
(a) In General.--Section 6105 of title 38, United States
code, is amended--
(1) in subsection (b)--
(A) in paragraph (2)--
(i) by inserting ``32, 37, 81, 175,'' before ``792,''; and
(ii) by inserting ``831, 842(m), 842(n), 844(e), 844(f),
844(i), 930(c), 956, 1114, 1116, 1203, 1361, 1363, 1366,
1751, 1992, 2152, 2280, 2281, 2332, 2332a, 2332b, 2332c,
2339A, 2339B, 2340A,'' after ``798,'';
(B) in paragraph (3)--
(i) by striking out ``and 226'' and inserting in lieu
thereof ``226, and 236'';
(ii) by striking out ``and 2276'' and inserting in lieu
thereof ``2276, and 2284''; and
(iii) by striking out ``and'' at the end;
(C) by redesignating paragraph (4) as paragraph (5); and
(D) by inserting after paragraph (3) the following new
paragraph (4):
``(4) sections 46502 and 60123(b) of title 49; and''; and
(2) in the second sentence of subsection (c), by striking
out ``or (4)'' and inserting in lieu thereof ``(4), or (5)''.
(b) conforming Amendments.--(1) The section heading for
such section is amended to read as follows:
``Sec. 6105. Forfeiture: subversive activities; terrorist
activities; other criminal activities''.
(2) The table of sections at the beginning of chapter 61 of
that title is amended by striking out the item relating to
section 6105 and inserting in lieu thereof the following new
item:
``6105. Forfeiture: subversive activities; terrorist activities; other
criminal activities.''.
(c) Applicability.--The amendments made to section 6105 of
title 38, United States Code, by subsection (a) shall apply
to any person convicted under a provision of law added to
such section by such amendments after December 31, 1996.
______
By Mr. KERRY (for himself, Mr. Wellstone, Mr. Glenn, Mr. Biden
and Mr. Leahy):
S. 918. A bill to reform the financing of Federal elections; to the
Committee on Rules and Administration.
THE CLEAN MONEY CLEAN ELECTIONS ACT
Mr. KERRY. Mr. President, the Fourth of July will occur in a little
over 2 weeks. That is the date by which the President challenged the
Congress to act on campaign finance reform in this first session of the
105th Congress. I regret I must announce the obvious: not only has
neither house of the Congress addressed this issue in serious floor
debate and legislative action; there is virtually no prospect that
either house will do so by the time we leave for the July 4 recess. Nor
is it clear when or if the 105th Congress will address this issue.
The Fourth of July has other implications, of course, Mr. President--
and
[[Page S5793]]
some of these, too, are related to campaign finance reform. This is a
peculiarly American holiday, when Americans throughout the Nation take
time out to gather in parks and back yards, at barbecues and picnics
and family reunions and community parades, to celebrate our democracy,
our freedom.
But I think there would be widespread agreement, as we do this in
1997, that there is an unease across the Nation about the political
process. The American people are concerned. Their concern is not
primarily about who their elected officials are. Their frustration,
cynicism, and anger run deep and broad--directed, as most of us
realize, at the entire political system.
Americans believe that their Government has been hijacked by special
interests, that the political system responds to the needs of wealthy
special interests, not the interests of ordinary, hard-working
citizens. They sense, in many ways, that the Congress is not
necessarily ``the people's house.''
We see evidence of this in the feeling of powerlessness described by
many Americans, and in the great gulf that grows wider between the
American people and their elected officials. You can see it expressed
frequently in town meetings and in various polls. The people feel that
Congress all too often fails to represent the real concerns of real
Americans, and they sense that they are being left out.
The result is that more and more Americans are checking out of the
system. If their democracy isn't going to respond to their concerns,
then they ask themselves why they should respond to the request that
they participate meaningfully in the political process. The reason for
the disconnect is very simple, Mr. President. The amount of money in
politics--money given to office seekers to campaign for office--
disenfranchises the average person who knows that he or she can never
hope to have the same kind of access as that money achieves for those
who give it.
Special interest money is moving and dictating and governing the
agenda of American politics, and most Americans understand that.
A few findings from a bipartisan poll tell the story: 49 percent of
registered voters believe that lobbyists and special interests control
the Federal Government; 92 percent of registered voters believe that
special interest contributions affect the votes of Members of Congress;
and 88 percent believe that people who make large campaign
contributions get special favors from politicians.
The evidence of public discontent could hardly be more compelling,
yet the Congress drifts on, with no apparent sense of urgency in trying
to respond to that discontent. We all understand there are differences
on each side of the aisle about the best way to address the problem,
but I do not see how anyone can say in good conscience that there is a
bona fide effort under way involving the leadership of both parties in
the U.S. Congress to even try to work out those differences.
If we want to regain the respect and confidence of the American
people and if we want to reconnect to them and reconnect them to our
democracy, we have to get the special interest money out of politics.
As my friend Ross Perot says, ``It's just that simple.''
The American people, however, are skeptical about either our
willingness or ability to do that, and it doesn't help that the 105th
Congress has yet to take up campaign finance reform. It doesn't help
that the President and the Speaker of the House shook hands in a very
public way 2 years ago and promised to do something about campaign
finance, and nothing has transpired between then and now to fulfill
that commitment, and from the perspective of the ordinary citizen who
wants to see the special interest money removed from politics, it
really looks like a conspiracy of inaction. Those who profit from the
current system --special interests who know how to play the game, and
politicians who know how to play the game--seem to be shutting down any
prospect of real change.
Mr. President, I know why people feel that way. I have been working
on campaign finance reform since I came to the Senate. I have worked
for years with my colleagues Joe Biden and Robert Byrd and others, and
with former Senators such as George Mitchell, David Boren, and Bill
Bradley--searching for the right equation to bring about change.
Although from my arrival in the Senate I have advocated sweeping
overhaul of the system, in recent times I have been a strong supporter
of the proposal advanced by John McCain and Russ Feingold, even though
it is incremental in design, because they succeeded in assembling a
package of reforms that bridged the party divide that so often has been
permitted to poison this debate and prevent meaningful action--and
because I believe so fervently that we must succeed to whatever extent
it is possible in moving toward what should be our objective.
Throughout these years of activity--the 12 years of my service as a
Senator--my goal has always been the same, to get special interest
influence and special interest access out of politics.
Mr. President, we come to the floor this afternoon on an auspicious
day--or, perhaps more accurately, an inauspicious day. In any event it
is a red-letter day for America. It was the day 25 years ago that was
the beginning of two very difficult years in American history. It was
25 years ago today that the famous burglary at the Watergate complex
overlooking the Potomac in Washington, DC, took place, followed by
coverup activities that reached into the Oval Office and resulted in
the resignation in disgrace of an American President.
During the investigation of the illegal activities, there were
multiple revelations of huge amounts of cash moving in brown paper bags
and leather briefcases. The public revulsion triggered real reform,
although that reform, sadly, was directed primarily toward only the
Presidential election financing system. But even that spirit of reform,
and the significant alterations of the system to which it led, has been
broken by those who want to trample it with the exploitation of every
loophole possible in the campaign finance system.
It is unfortunately fitting, then, Mr. President, that we return our
attention on this day to that nemesis of the democratic process, the
corrosive effect of money in politics.
This time, 25 years later, it is the no-holds-barred pursuit of quite
stunning amounts of money by both parties in the 1996 Presidential and
congressional elections that captures the attention and the
condemnation of the American people--and the allegations that many of
those who gave large sums to one or the other party, or one candidate
or another, expected favors in return, ranging from the trivial to the
significant.
The American people are not stupid. They know that there is no such
thing as a free lunch. They believe--with considerable justification--
that the scores of millions of dollars that flow from well-to-do
individuals and special interest organizations usually are not donated
out of absolute disinterested patriotism, admiration for the
candidates, and support for our electoral system.
They watch repeatedly as public policy decisions made by the Congress
and the Executive Branch appear to be influenced by those who have made
the contributions. They conclude--again, I fear, with considerable good
reason--that either those contributions directly affected the decision-
making process, or, at the very least, purchased for those contributors
a greater degree of access to the elected officials who make the
decisions, so that the contributors can more effectively and
persuasively make their case.
During this past election, 1996, not only in congressional races but
also, distressingly, in the Presidential campaign--and it is especially
distressing because many of us thought the Watergate reform legislation
of 1974 had suitably repaired the system of presidential campaign
finance--we saw a flood of special interest money the likes of which
have never previously been seen here or anywhere.
Every day during the past year, it has been impossible to open a
newspaper or turn on a television without being confronted by yet
another new revelation about an alleged campaign finance irregularity
or abuse--or a defense of the actions at which the charges are leveled.
And, I must say, the defenses are generally pretty lame. Those
against whom the allegations are leveled may be able to find protection
in the letter
[[Page S5794]]
of the law, but they are unsuccessful in avoiding the opprobrium of the
American people and consequent cynicism about our government system.
I am one who believes we absolutely must do something to reverse the
trend if we are to save our precious democratic system. And I also have
concluded that the forces arrayed against the kind of partial public
financing approaches we previously have pushed are so strong that we
must find a new approach behind which it will be possible to develop
such strong consensus support across the nation that the Congress will
be unable to resist it.
To the extent competent polling and other public opinion assessment
techniques can make a reliable determination, the evidence is
persuasive that, while the American people are willing to embrace
radical change of campaign financing--to take all special interest
money and heave it over the side and shoulder all reasonable campaign
costs--they have only passing interest and precious little enthusiasm
for half-way measures. Their judgment appears to be that it would be a
waste of effort and tax dollars to invest public resources in a system
that retains any significant degree of special interest funding. They
see such an approach as playing them for chumps--while the influence of
special interests would remain as strong as it currently is.
What does seem to capture the attention and imagination--and
support--of a significant majority of Americans is sweeping reform of
campaign finance that removes all special interest money from the
system. This is not a notion dreamed up here in Washington--either here
on Capitol Hill or in an organization's office downtown. Activities to
implement such an approach to campaign finance reform have been
underway in a number of States, including my own State of
Massachusetts. Maine voters took the boldest step, approving such a
concept for State elections. Now Vermont has followed suit with a
provision applying to the Governor's office, and Governor Howard Dean
is poised to sign the proposal into law. Other State-level efforts are
in various stages of advancement.
Paul Wellstone and John Glenn came early-on to the same conclusion to
which I came--that we want to champion such an approach at the federal
level. And we have been joined by Joe Biden and Pat Leahy, and other
Senators are studying the idea carefully and we hope and trust we will
be joined by some of them in the near future.
We come to the floor today to introduce the Clean Money, Clean
Elections Act, a bill that, as its most important feature, takes all
special interest money out of Federal elections. This initiative will
offer a set amount of funding, based on a State's voting-age
population, to each candidate who agrees to foreswear private
contributions. It not only removes all special interest money from the
system, but also removes the necessity for candidates to spend a huge
amount of time fundraising and to pour massive amounts of the money
they do raise into further fundraising efforts.
In addition, this legislation will shut down the so-called soft
money, or unregulated money, loopholes that have permitted massive
amounts of special interest money to enter the electoral process around
even those restrictions that now exist.
This process takes a major step forward today with the introduction
of this legislation. Comparable efforts are underway in the House of
Representatives, and I understand a similar bill will be introduced
there in coming weeks.
We believe the people are, once again, ahead of Washington--and, once
again, ahead of the politicians. And we believe that ultimately this or
a derivative approach is the only way effectively to restore people's
confidence that, in America, anybody truly can run, and win--not just
those who have access to wealth or who are wealthy themselves.
This is a bill to restore our own democracy and preserve what we
think is the heart of our precious system. We hope and believe that--
with a strong assist from their constituents--increasing numbers of our
colleagues, over time, will come to recognize this and support the
bill.
This will not be a rapidly completed process, Mr. President. We
introduce this bill with the knowledge that it would not attract more
than perhaps a quarter of the votes in the Senate today. This will be a
journey, a journey of mobilizing the American people to require their
elected representatives to take needed action. Our bill will be the
objective, and it also will be the rallying point. And with the
commitment of the organizations and individuals who advocate this
approach, a movement will develop which cannot be stopped. Just as in
Maine and now in Vermont, the support will grow to critical mass and
these reforms will succeed.
I look forward to walking this road with all who support this
approach--both my colleagues in the Senate and friends outside the
Senate. We who introduce this bill are committed to fundamentally
changing our electoral system, and returning control of our elected
officials and their agenda to the people after wresting it back from
the special interests.
I believe we will succeed, and can look back on this day--the 25th
anniversary of a lamentable event in American history--as an important
beginning point in that endeavor.
I want to commend those colleagues who join in introducing this
legislation today--Senators Wellstone, Glenn, Biden, and Leahy. I
particularly want to compliment Senator Wellstone's capable staff,
especially Brian Ahlberg, who have invested countless hours in the
effort that is so essential but often unnoticed, of transforming
complex policy objectives into legislative language, working hand-in-
hand with Senate Legislative Counsel staff and representatives of
organizations which have been developing this idea at the State level.
My staff has greatly appreciated their contributions to this effort and
enjoyed working with them, as I have enjoyed the cooperative efforts
with Senator Wellstone and my other colleagues.
Mr. President, before I yield to Senator Wellstone and then, in turn,
to other Senators who may wish to make remarks about this legislation,
I ask unanimous consent that the full text of the bill be printed in
the Record at the conclusion of my remarks, followed by a summary of
the bill and a chart depicting the qualifying contribution requirement
and the ``Clean Money'' allocation and spending limit for a general
election that would apply to a candidate participating in the ``Clean
Money, Clean Election'' system in each State.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 918
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Clean
Money, Clean Elections Act''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
TITLE I--CLEAN MONEY FINANCING OF SENATE ELECTION CAMPAIGNS
Sec. 101. Findings and declarations.
Sec. 102. Eligibility requirements and benefits of clean money
financing of Senate election campaigns.
Sec. 103. Reporting requirements for expenditures of private money
candidates.
Sec. 104. Transition rule for current election cycle.
TITLE II--INDEPENDENT EXPENDITURES; COORDINATED EXPENDITURES
Sec. 201. Reporting requirements for independent expenditures.
Sec. 202. Definition of independent expenditure.
Sec. 203. Limit on expenditures by political party committees.
Sec. 204. Party independent expenditures and coordinated expenditures.
TITLE III--VOTER INFORMATION
Sec. 301. Free broadcast time.
Sec. 302. Broadcast rates and preemption.
Sec. 303. Campaign advertisements; issue advertisements.
Sec. 304. Limit on congressional use of the franking privilege.
TITLE IV--SOFT MONEY OF POLITICAL PARTY COMMITTEES
Sec. 401. Soft money of political party committee.
Sec. 402. State party grassroots funds.
Sec. 403. Reporting requirements.
TITLE V--RESTRUCTURING AND STRENGTHENING OF THE FEDERAL ELECTION
COMMISSION
Sec. 501. Appointment and terms of commissioners.
Sec. 502. Audits.
Sec. 503. Authority to seek injunction.
[[Page S5795]]
Sec. 504. Standard for investigation.
Sec. 505. Petition for certiorari.
Sec. 506. Expedited procedures.
Sec. 507. Filing of reports using computers and facsimile machines.
Sec. 508. Power to issue subpoena without signature of chairperson.
Sec. 509. Prohibition of contributions by individuals not qualified to
vote.
TITLE VI--EFFECTIVE DATE
Sec. 601. Effective date.
TITLE I--CLEAN MONEY FINANCING OF SENATE ELECTION CAMPAIGNS
SEC. 101. FINDINGS AND DECLARATIONS.
(a) Undermining of Democracy by Campaign Contributions From
Private Sources.--The Senate finds and declares that the
current system of privately financed campaigns for election
to the Senate undermines democracy in the United States by--
(1) violating the democratic principle of ``one person, one
vote'' and diminishing the meaning of the right to vote by
allowing monied interests to have a disproportionate and
unfair influence within the political process;
(2) diminishing a Senator's accountability to constituents
by compelling legislators to be accountable to the major
contributors who finance their election campaigns;
(3) creating a conflict of interest, perceived and real, by
encouraging Senators to take money from private interests
that are directly affected by Federal legislation;
(4) imposing large, unwarranted costs on taxpayers through
legislative and regulatory outcomes shaped by unequal access
to lawmakers for campaign contributors;
(5) driving up the cost of election campaigns, making it
difficult for qualified candidates without personal fortunes
or access to campaign contributions from monied individuals
and interest groups to mount competitive Senate election
campaigns;
(6) disadvantaging challengers, because large campaign
contributors tend to give their money to incumbent Senators,
thus causing Senate elections to be less competitive; and
(7) burdening incumbents with a preoccupation with
fundraising and thus decreasing the time available to carry
out their public responsibilities.
(b) Enhancement of Democracy by Providing Clean Money.--The
Senate finds and declares that the replacement of private
campaign contributions with clean money financing for all
primary, runoff, and general elections to the Senate would
enhance American democracy by--
(1) helping to eliminate access to wealth as a determinant
of a citizen's influence within the political process and to
restore meaning to the principle of ``one person, one vote'';
(2) increasing the accountability of Senators to the
constituents who elect them;
(3) eliminating the inherent conflict of interest caused by
the private financing of the election campaigns of public
officials, thus restoring public confidence in the fairness
of the electoral and legislative processes;
(4) reversing the escalating cost of elections and saving
taxpayers billions of dollars that are currently misspent due
to legislative and regulatory agendas skewed by the influence
of contributions;
(5) creating a more level playing field for incumbents and
challengers, creating genuine opportunities for all Americans
to run for the Senate, and encouraging more competitive
elections; and
(6) freeing Senators from the constant preoccupation with
raising money, and allowing them more time to carry out their
public responsibilities.
SEC. 102. ELIGIBILITY REQUIREMENTS AND BENEFITS OF CLEAN
MONEY FINANCING OF SENATE ELECTION CAMPAIGNS.
The Federal Election Campaign Act of 1971 (2 U.S.C. 431 et
seq.) is amended by adding at the end the following:
``TITLE V--CLEAN MONEY FINANCING OF SENATE ELECTION CAMPAIGNS
``SEC. 501. DEFINITIONS.
``In this title:
``(1) Allowable contribution.--The term `allowable
contribution' means a qualifying contribution or seed money
contribution.
``(2) Clean money.--The term `clean money' means funds that
are made available by the Commission to a clean money
candidate under this title.
``(3) Clean money candidate.--The term `clean money
candidate' means a candidate for the Senate who is certified
under section 505 as being eligible to receive clean money.
``(4) Clean money qualifying period.--The term `clean money
qualifying period' means the period beginning on the date
that is 270 days before the date of the primary election and
ending on the date that is 30 days before the date of the
general election.
``(5) General election period.--The term `general election
period' means, with respect to a candidate, the period
beginning on the day after the date of the primary or primary
runoff election for the specific office that the candidate is
seeking, whichever is later, and ending on the earlier of--
``(A) the date of the general election; or
``(B) the date on which the candidate withdraws from the
campaign or otherwise ceases actively to seek election.
``(6) General runoff election period.--The term `general
runoff election period' means, with respect to a candidate,
the period beginning on the day following the date of the
last general election for the specific office that the
candidate is seeking and ending on the date of the runoff
election for that office.
``(7) Immediate family.--The term `immediate family'
means--
``(A) a candidate's spouse;
``(B) a child, stepchild, parent, grandparent, brother,
half-brother, sister, or half-sister of the candidate or the
candidate's spouse; and
``(C) the spouse of any person described in subparagraph
(B).
``(8) Major party candidate.--The term `major party
candidate' means a candidate of a political party of which a
candidate for Senator, for President, or for Governor in the
preceding 5 years received, as a candidate of that party, 25
percent or more of the total number of popular votes received
in the State by all candidates for the same office.
``(9) Personal funds.--The term `personal funds' means an
amount that is derived from--
``(A) the personal funds of the candidate or a member of
the candidate's immediate family; and
``(B) proceeds of indebtedness incurred by the candidate or
a member of the candidate's immediate family.
``(10) Personal use.--
``(A) In general.--The term `personal use' means the use of
funds to fulfill a commitment, obligation, or expense of a
person that would exist irrespective of the candidate's
election campaign or individual's duties as a holder of
Federal office.
``(B) Inclusions.--The term `personal use' includes--
``(i) a home mortgage, rent, or utility payment;
``(ii) a clothing purchase;
``(iii) a noncampaign-related automobile expense;
``(iv) a country club membership;
``(v) a vacation or other noncampaign-related trip;
``(vi) a household food item;
``(vii) a tuition payment;
``(viii) admission to a sporting event, concert, theater,
or other form of entertainment not associated with an
election campaign; and
``(ix) dues, fees, and other payments to a health club or
recreational facility.
``(11) Primary election period.--The term `primary election
period' means the period beginning on the date that is 90
days before the date of the primary election and ending on
the date of the primary election.
``(12) Primary runoff election period.--The term `primary
runoff election period' means, with respect to a candidate,
the period beginning on the day following the date of the
last primary election for the specific office that the
candidate is seeking and ending on the date of the runoff
election for that office.
``(13) Private money candidate.--The term `private money
candidate' means a candidate for the Senate other than a
clean money candidate.
``(14) Qualifying contribution.--The term `qualifying
contribution' means a contribution that--
``(A) is in the amount of $5 exactly;
``(B) is made by an individual who is registered to vote in
the candidate's State;
``(C) is made during the clean money qualifying period; and
``(D) meets the requirements of section 502(a)(2)(D).
``(15) Seed money contribution.--The term `seed money
contribution' means a contribution (or contributions in the
aggregate made by any 1 person) of not more than $100.
``(16) Senate election fund.--The term `Senate Election
Fund' means the fund established by section 507(a).
``SEC. 502. ELIGIBILITY FOR CLEAN MONEY.
``(a) Primary Election Period and Primary Runoff Election
Period.--
``(1) In general.--A candidate qualifies as a clean money
candidate during the primary election period and primary
runoff election period if the candidate files with the
Commission a declaration, signed by the candidate and the
treasurer of the candidate's principal campaign committee,
that the candidate--
``(A) has complied and will comply with all of the
requirements of this title;
``(B) will not run in the general election as a private
money candidate; and
``(C) meets the qualifying contribution requirement of
paragraph (2).
``(2) Qualifying contribution requirement.--
``(A) Major party candidates.--The requirement of this
paragraph is met if, during the clean money qualifying
period, a major party candidate receives the greater of--
``(i) 1,000 qualifying contributions; or
``(ii) a number of qualifying contributions equal to 0.25
percent of the voting age population of the candidate's
State.
``(B) Candidates that are not major party candidates.--The
requirement of this paragraph is met if, during the clean
money qualifying period, a candidate that is not a major
party candidate receives a number of qualifying contributions
that is at least 150 percent of the number of qualifying
contributions that a major party candidate in the same
election is required to receive under subparagraph (A).
``(C) Receipt of qualifying contribution.--A qualifying
contribution shall--
``(i) be accompanied by the contributor's name and home
address;
[[Page S5796]]
``(ii) be accompanied by a signed statement that the
contributor understands the purpose of the qualifying
contribution;
``(iii) be made by a personal check or money order payable
to the Senate Election Fund or by cash; and
``(iv) be acknowledged by a receipt that is sent to the
contributor with a copy kept by the candidate for the
Commission and a copy kept by the candidate for the election
authorities in the candidate's State.
``(D) Deposit of qualifying contributions in senate
election fund.--
``(i) In general.--Not later than the date that is 1 day
after the date on which the candidate is certified under
section 505, a candidate shall remit all qualifying
contributions to the Commission for deposit in the Senate
Election Fund.
``(ii) Candidates that are not certified.--Not later than
the last day of the clean money qualifying period, a
candidate who has received qualifying contributions and is
not certified under section 505 shall remit all qualifying
contributions to the Commission for deposit in the Senate
Election Fund.
``(3) Time to file declaration.--A declaration under
paragraph (1) shall be filed by a candidate not later than
the date that is 30 days before the date of the primary
election.
``(b) General Election Period.--
``(1) In general.--A candidate qualifies as a clean money
candidate during the general election period if--
``(A)(i) the candidate qualified as a clean money candidate
during the primary election period (and primary runoff
election period, if applicable); or
``(ii) the candidate files with the Commission a
declaration, signed by the candidate and the treasurer of the
candidate's principal committee, that the candidate--
``(I) has complied and will comply with all the
requirements of this title; and
``(II) meets the qualifying contribution requirement of
subsection (a)(2);
``(B) the candidate files with the Commission a written
agreement between the candidate and the candidate's political
party in which the political party agrees not to make any
expenditures in connection with the general election of the
candidate in excess of the limit in section 315(d)(3)(C); and
``(C) the candidate's party nominated the candidate to be
placed on the ballot for the general election or the
candidate qualified to be placed on the ballot as an
independent candidate, and the candidate is qualified under
State law to be on the ballot.
``(2) Time to file declaration or statement.--A declaration
or statement required to be filed under paragraph (1) shall
be filed by a candidate not later than the date that is 30
days before the date of the general election.
``(c) General Runoff Election Period.--A candidate
qualifies as a clean money candidate during the general
runoff election period if the candidate qualified as a clean
money candidate during the general election period.
``SEC. 503. REQUIREMENTS APPLICABLE TO CLEAN MONEY
CANDIDATES.
``(a) Obligation To Comply.--A clean money candidate who
accepts benefits during the primary election period shall
comply with all the requirements of this Act through the
primary runoff election period, the general election period,
and the general runoff election period (if applicable)
whether the candidate continues to accept benefits or not.
``(b) Contributions and Expenditures.--
``(1) Prohibition of private contributions.--Except as
otherwise provided in this title, during the election cycle
of a clean money candidate, the candidate shall not accept
contributions other than clean money from any source.
``(2) Prohibition of expenditures from private sources.--
Except as otherwise provided in this title, during the
election cycle of a clean money candidate, the candidate
shall not make expenditures from any amounts other than clean
money amounts.
``(c) Use of Personal Funds.--
``(1) In general.--A clean money candidate shall not use
personal funds to make an expenditure except as provided in
paragraph (2).
``(2) Exceptions.--A seed money contribution or qualifying
contribution from the candidate or a member of the
candidate's immediate family shall not be considered to be
use of personal funds.
``(d) Debates.--
``(1) Number of debates.--A clean money candidate shall
participate in at least--
``(A) 1 public debate with other clean money candidates
from the same party for the same office during the primary
election period; and
``(B) 2 public debates with other clean money candidates
for the same office during the general election period.
``(2) Regulation.--The Commission shall promulgate a
regulation as necessary to carry out paragraph (1).
``SEC. 504. SEED MONEY.
``(a) Seed Money Limit.--A clean money candidate may accept
seed money contributions in an aggregate amount not
exceeding--
``(1) $50,000; plus
``(2) if there is more than 1 congressional district in the
candidate's State, an amount that is equal to $5,000 times
the number of additional congressional districts.
``(b) Contribution Limit.--Except as provided in section
502(a)(2), a clean money candidate shall not accept a
contribution from any person except a seed money contribution
(as defined in section 501).
``(c) Records.--A clean money candidate shall maintain a
record of the contributor's name, street address, and amount
of the contribution.
``(d) Use of Seed Money.--
``(1) In general.--A clean money candidate may expend seed
money for any election campaign-related costs, including
costs to open an office, fund a grassroots campaign, or hold
community meetings.
``(2) Prohibited uses.--A clean money candidate shall not
expend seed money for--
``(A) a television or radio broadcast; or
``(B) personal use.
``(e) Report.--Unless a seed money contribution or
expenditure made with a seed money contribution has been
reported previously under section 304, a clean money
candidate shall file with the Commission a report disclosing
all seed money contributions and expenditures not later than
48 hours after--
``(1) the earliest date on which the Commission makes funds
available to the candidate for an election period under
paragraph (1) or (2) of section 506(b); or
``(2) the end of the clean money qualifying period,
whichever occurs first.
``(f) Time to Accept and Expend Seed Money Contributions.--
A clean money candidate may accept and expend seed money
contributions for an election during the time period
beginning on the day after the date of the previous general
election for the office to which the candidate is seeking
election and ending on the earliest date on which the
Commission makes funds available to the candidate for an
election period under paragraph (1) or (2) of section 506(b).
``(g) Deposit of Unspent Seed Money Contributions.--A clean
money candidate shall remit any unspent seed money to the
Commission, for deposit in the Senate Election Fund, not
later than the earliest date on which the Commission makes
funds available to the candidate for an election period under
paragraph (1) or (2) of section 506(b).
``(h) Not Considered an expenditure.--An expenditure made
with seed money shall not be treated as an expenditure for
purposes of section 506(f)(2).
``SEC. 505. CERTIFICATION BY COMMISSION.
``(a) In General.--Not later than 5 days after a candidate
files a declaration under section 502, the Commission shall--
``(1) determine whether the candidate meets the eligibility
requirements of section 502; and
``(2) certify whether or not the candidate is a clean money
candidate.
``(b) Revocation of Certification.--The Commission may
revoke a certification under subsection (a) if a candidate
fails to comply with this title.
``(c) Repayment of Benefits.--If certification is revoked
under subsection (b), the candidate shall repay to the Senate
Election Fund an amount equal to the value of benefits
received under this title.
``SEC. 506. BENEFITS FOR CLEAN MONEY CANDIDATES.
``(a) In General.--A clean money candidate shall be
entitled to--
``(1) a clean money amount for each election period to make
or obligate to make expenditures during the election period
for which the clean money is provided, as provided in
subsection (c);
``(2) media benefits under section 315 of the
Communications Act of 1934 (47 U.S.C. 315); and
``(3) an aggregate amount of increase in the clean money
amount in response to certain independent expenditures and
expenditures of a private money candidate under subsection
(d) that, in the aggregate, are in excess of 125 percent of
the clean money amount of the clean money candidate.
``(b) Payment of Clean Money Amount.--
``(1) Primary election.--The Commission shall make funds
available to a clean money candidate on the later of--
``(A) the date on which the candidate is certified as a
clean money candidate under section 505; or
``(B) the date on which the primary election period begins.
``(2) General election.--The Commission shall make funds
available to a clean money candidate not later than 48 hours
after--
``(A) certification of the primary election or primary
runoff election result; or
``(B) the date on which the candidate is certified as a
clean money candidate under section 505 for the general
election,
whichever occurs first.
``(3) Runoff election.--The Commission shall make funds
available to a clean money candidate not later than 48 hours
after the certification of the primary or general election
result (as applicable).
``(c) Clean Money Amounts.--
``(1) Primary election clean money amount.--
``(A) Major party candidates.--The primary election clean
money amount with respect to a clean money candidate who is a
major party candidate is 67 percent of the general election
clean money amount with respect to the clean money candidate.
``(B) Candidates that are not major party candidates.--The
primary election clean money amount with respect to a clean
money candidate who is not a major party candidate is 25
percent of the general election clean money amount with
respect to the clean money candidate.
``(2) Primary runoff election clean money amount.--The
primary runoff election
[[Page S5797]]
clean money amount with respect to a clean money candidate is
25 percent of the primary election clean money amount with
respect to the clean money candidate.
``(3) General election clean money amount.--
``(A) In general.--The general election clean money amount
with respect to a clean money candidate is the lesser of--
``(i) $4,400,000; or
``(ii) the greater of--
``(I) $760,000; or
``(II) $320,000; plus
``(aa) 24 cents multiplied by the voting age population not
in excess of 4,000,000; and
``(bb) 20 cents multiplied by the voting age population in
excess of 4,000,000.
``(B) Exception.--In the case of an eligible Senate
candidate in a State that has not more than 1 transmitter for
a commercial Very High Frequency (VHF) television station
licensed to operate in that State, subparagraph (A)(ii)(II)
shall be applied by substituting--
``(i) `64 cents' for `24 cents' in item (aa); and
``(ii) `56 cents' for `20 cents' in item (bb).
``(C) Indexing.--The clean money amount under subparagraphs
(A) and (B) shall be increased as of the beginning of each
calendar year based on an increase in the price index
determined under section 315(c), except that the base period
shall be calendar year 1997.
``(4) General runoff election clean money amount.--The
general runoff election clean money amount with respect to a
clean money candidate is 25 percent of the general election
clean money amount with respect to the clean money candidate.
``(5) Unopposed candidates.--Except for a candidate
receiving amounts under paragraph (1)(B), a clean money
candidate in a primary or general election in which there is
no opposing candidate shall receive a clean money amount with
respect to that election equal to 25 percent of the full
clean money amount that the candidate would receive in a
contested election.
``(d) Matching Funds in Response to Independent
Expenditures and Expenditures of Private Money Candidates.--
``(1) In general.--If the Commission--
``(A) receives notification under--
``(i) subparagraphs (A) or (B) of section 304(c)(2) that a
person has made or obligated to make an independent
expenditure in an aggregate amount of $1,000 or more in an
election period or that a person has made or obligated to
make an independent expenditure in an aggregate amount of
$500 or more during the 20 days preceding the date of an
election in support of another candidate or against a clean
money candidate; or
``(ii) section 304(d)(1) that a private money candidate has
made or obligated to make expenditures in an aggregate amount
in excess of 100 percent of the amount of clean money
provided to a clean money candidate who is an opponent of the
private money candidate in the same election; and
``(B) determines that the aggregate amount of expenditures
reported under subparagraph (A) in an election period is in
excess of 125 percent of the amount of clean money provided
to a clean money candidate who is an opponent of the private
money candidate in the same election or against whom the
independent expenditure is made,
the Commission shall make available to the clean money
candidate, not later than 24 hours after receiving a
notification under subparagraph (A), an aggregate amount of
increase in clean money in an amount equal to the aggregate
amount of expenditures that is in excess of 125 percent of
the amount of clean money provided to the clean money
candidate as determined under subparagraph (B).
``(2) Clean money candidates opposed by more than 1 private
money candidate.--For purposes of paragraph (1), if a clean
money candidate is opposed by more than 1 private money
candidate in the same election, the Commission shall take
into account only the amount of expenditures of the private
money candidate that expends, in the aggregate, the greatest
amount (as determined each time notification is received
under section 304(d)(1)).
``(3) Clean money candidates opposed by clean money
candidates.--If a clean money candidate is opposed by a clean
money candidate, the increase in clean money amounts under
paragraph (1) shall be made available to the clean money
candidate if independent expenditures are made against the
clean money candidate or in behalf of the opposing clean
money candidate in the same manner as the increase would be
made available for a clean money candidate who is opposed by
a private money candidate.
``(e) Limits on Matching Funds.--The aggregate amount of
clean money that a clean money candidate receives to match
independent expenditures and the expenditures of private
money candidates under subsection (d) shall not exceed 200
percent of the clean money amount that the clean money
candidate receives under subsection (c).
``(f) Expenditures Made with Clean Money Amounts.--
``(1) In general.--The clean money amount received by a
clean money candidate shall be used only for the purpose of
making or obligating to make expenditures during the election
period for which the clean money is provided.
``(2) Expenditures in excess of clean money amount.--A
clean money candidate shall not make expenditures or incur
obligations in excess of the clean money amount.
``(3) Prohibited uses.--The clean money amount received by
a clean money candidate shall not be--
``(A) converted to a personal use; or
``(B) used in violation of law.
``(4) Petty cash fund.--
``(A) In general.--A candidate may establish a petty cash
fund, to be used to pay expenses such as the costs of food,
newspapers, magazines, pay telephone calls and other minor
necessary expenses, that contains, on any day, not more
than--
``(i) $200; plus
``(ii) if there is more than 1 congressional district in
the candidate's State, an amount that is equal to $20 times
the number of additional congressional districts.
``(B) Receipt.--An expenditure from the petty cash fund in
an amount greater than $25 shall be evidenced by a receipt
describing the item purchased, the purpose and cost of the
item, and the name and street address of the seller.
``(5) Penalty.--A person that uses a clean money amount in
violation of this subsection shall be imprisoned not more
than 5 years, fined not more than $15,000, or both.
``(g) Remitting of Clean Money Amounts.--Not later than the
date that is 14 days after the last day of the applicable
election period, a clean money candidate shall remit any
unspent clean money amount to the Commission for deposit in
the Senate Election Fund.
``SEC. 507. ADMINISTRATION OF CLEAN MONEY.
``(a) Senate Election Fund.--
``(1) Establishment.--There is established in the Treasury
a fund to be known as the `Senate Election Fund'.
``(2) Deposits.--The Commission shall deposit unspent seed
money contributions, qualifying contributions, penalty
amounts received under this title, and amounts appropriated
for clean money financing in the Senate Election Fund.
``(3) Funds.--The Commission shall withdraw the clean money
amount for a clean money candidate from the Senate Election
Fund.
``(b) Regulations.--The Commission shall promulgate a
regulation to--
``(1) effectively and efficiently monitor and enforce the
limits on use of private money by clean money candidates;
``(2) effectively and efficiently monitor use of publicly
financed amounts under this title; and
``(3) enable clean money candidates to monitor expenditures
and comply with the requirements of this title.
``SEC. 508. EXPENDITURES MADE FROM FUNDS OTHER THAN CLEAN
MONEY.
``If a clean money candidate makes an expenditure using
funds other than funds provided under this title, the
Commission shall assess a civil penalty against the candidate
in an amount that is not more than 10 times the amount of the
expenditure.
``SEC. 509. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Senate
Election Fund such sums as are necessary to carry out this
title.''.
SEC. 103. REPORTING REQUIREMENTS FOR EXPENDITURES OF PRIVATE
MONEY CANDIDATES.
Section 304 of the Federal Election Campaign Act of 1971 (2
U.S.C. 434) is amended by adding at the end the following:
``(d) Private Money Candidates.--
``(1) Expenditures in excess of clean money amounts.--Not
later than 48 hours after making or obligating to make an
expenditure, a private money candidate (as defined in section
501) that makes or obligates to make expenditures during an
election period (as defined by section 501), in an aggregate
amount in excess of 100 percent of the amount of clean money
provided to a clean money candidate (as defined in section
501), who is an opponent of the private money candidate shall
file with the Commission a report stating the amount of each
expenditure (in increments of an aggregate amount of $1,000)
made or obligated to be made.
``(2) Place of filing; Notification.--
``(A) Place of filing.--A report under this subsection
shall be filed with the Commission.
``(B) Notification of clean money candidates.--Not later
than 24 hours after receipt of a report under this
subsection, the Commission shall notify each clean money
candidate seeking nomination for election to, or election to,
the office in question, of the receipt of the report.
``(3) Determinations by the commission.--
``(A) In general.--The Commission may, on a request of a
candidate or on its own initiative, make a determination that
a private money candidate has made, or has obligated to make,
expenditures in excess of the applicable amount in paragraph
(1).
``(B) Notification.--In the case of such a determination,
the Commission shall notify each clean money candidate
seeking nomination for election to, or election to, the
office in question, of the making of the determination not
later than 24 hours after making the determination.
``(C) Time to comply with request for determination.--A
determination made at the request of a candidate shall be
made not later than 48 hours after the date of the
request.''.
SEC. 104. TRANSITION RULE FOR CURRENT ELECTION CYCLE.
(a) In General.--During the election cycle in effect on the
date of enactment of this Act, a candidate may be certified
as a clean money candidate (as defined in section 501 of the
Federal Election Campaign Act of 1971 (2 U.S.C. 431)),
notwithstanding the acceptance
[[Page S5798]]
of contributions or making of expenditures from private funds
before the date of enactment that would, absent this section,
disqualify the candidate as a clean money candidate.
(b) Private Funds.--A candidate may be certified as a clean
money candidate only if any private funds accepted and not
expended before the date of enactment of this Act are--
(1) returned to the contributor; or
(2) submitted to the Federal Election Commission for
deposit in the Senate Election Fund (as defined in section
501 of the Federal Election Campaign Act of 1971 (2 U.S.C.
431)).
TITLE II--INDEPENDENT EXPENDITURES; COORDINATED EXPENDITURES
SEC. 201. REPORTING REQUIREMENTS FOR INDEPENDENT
EXPENDITURES.
(a) Independent Expenditures.--Section 304(c) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 434(c)) is
amended--
(1) by striking ``(c)(1) Every person'' and inserting the
following:
``(c) Independent Expenditures.--
``(1) In general.--
``(A) Required filing.--Except as provided in paragraph
(2), every person'';
(2) in paragraph (2), by redesignating subparagraphs (A),
(B), and (C) as clauses (i), (ii), and (iii), respectively,
and adjusting the margins accordingly;
(3) by redesignating paragraphs (2) and (3) as
subparagraphs (B) and (C), respectively, and adjusting the
margins accordingly;
(4) by adding at the end the following:
``(2) Senate elections with a clean money candidate.--
``(A) Independent expenditures more than 20 days before an
election.--
``(i) In general.--Not later than 48 hours after making or
obligating to make an independent expenditure, more than 20
days before the date of an election, in support of an
opponent of or in opposition to a clean money candidate (as
defined in section 501), a person that makes independent
expenditures in an aggregate amount in excess of $1,000
during an election period (as defined in section 501) shall
file with the Commission a statement containing the
information described in clause (ii).
``(ii) Contents of statement.--A statement under
subparagraph (A) shall include a certification, under penalty
of perjury, that contains the information required by
subsection (b)(6)(B)(iii).
``(iii) Additional statements.--An additional statement
shall be filed for each aggregate of independent expenditures
that exceeds $1,000.
``(B) Independent expenditures during the 20 days preceding
an election.--Not later than 24 hours after making or
obligating to make an independent expenditure in support of
an opponent of or in opposition to a clean money candidate in
an aggregate amount in excess of $500, during the 20 days
preceding the date of an election, a person that makes or
obligates to make the independent expenditure shall file with
the Commission a statement stating the amount of each
independent expenditure made or obligated to be made.
``(C) Place of filing; notification.--
``(i) Place of filing.--A report or statement under this
paragraph shall be filed with the Commission.
``(ii) Notification of clean money candidates.--Not later
than 24 hours after receipt of a statement under this
paragraph, the Commission shall notify each clean money
candidate seeking nomination for election to, or election to,
the office in question of the receipt of a statement.
``(D) Determination by the commission.--
``(i) In general.--The Commission may, on request of a
candidate or on its own initiative, make a determination that
a person has made or obligated to make independent
expenditures with respect to a candidate that in the
aggregate exceed the applicable amount under subparagraph
(A).
``(ii) Notification.--Not later than 24 hours after making
a determination under clause (i), the Commission shall notify
each clean money candidate in the election of the making of
the determination.
``(iii) Time to comply with request for determination.--A
determination made at the request of a candidate shall be
made not later than 48 hours after the date of the
request.''.
SEC. 202. DEFINITION OF INDEPENDENT EXPENDITURE.
(a) In General.--Section 301 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 431) is amended by striking
paragraph (17) and inserting the following:
``(17) Independent expenditure.--
``(A) In general.--The term `independent expenditure' means
an expenditure made by a person other than a candidate or
candidate's authorized committee--
``(i) that is made for a communication that contains
express advocacy; and
``(ii) is made without the participation or cooperation of
and without coordination with a candidate (within the meaning
of section 301(8)(A)(iii)).
``(B) Express advocacy.--The term `express advocacy' means
a communication that is made through a broadcast medium,
newspaper, magazine, billboard, direct mail, or similar type
of general public communication or political advertising and
that--
``(i) advocates the election or defeat of a clearly
identified candidate, including any communication that--
``(I) contains a phrase such as `vote for', `re-elect',
`support', `cast your ballot for', `(name of candidate) for
Congress', `(name of candidate) in 1997', `vote against',
`defeat', `reject'; or
``(II) contains campaign slogans or individual words that
in context can have no reasonable meaning other than to
recommend the election or defeat of 1 or more clearly
identified candidates; or
``(ii)(I) involves aggregate disbursements of $5,000 or
more;
``(II) refers to a clearly identified candidate; and
``(III) is made not more than 60 days before the date of a
general election.''.
(b) Definition Applicable When Provision Not in Effect.--
For purposes of the Federal Election Campaign Act of 1971,
during any period beginning after the effective date of this
Act in which the definition, or any part of the definition,
under section 301(17)(B) of that Act (as added by subsection
(a)) is not in effect, the definition of ``express advocacy''
shall mean, in addition to the part of the definition that is
in effect, a communication that clearly identifies a
candidate and--
(1) taken as a whole and with limited reference to external
events, such as proximity to an election, expresses
unmistakable support for or opposition to 1 or more clearly
identified candidates; or
(2) is made for the clear purpose of advocating the
election or defeat of the candidate, as shown by the
existence of each of the following factors:
(A) A statement or action by the person making the
communication.
(B) The targeting or placement of the communication.
(C) The use by the person making the communication of
polling, demographic, or other similar data relating to the
candidate's campaign for election.
SEC. 203. LIMIT ON EXPENDITURES BY POLITICAL PARTY
COMMITTEES.
Section 315(d)(3) of the Federal Election Campaign Act of
1971 (2 U.S.C. 441a(d)(3)) is amended--
(1) in subparagraph (A)(ii)--
(A) by inserting ``except an election in which 1 or more of
the candidates is a clean money candidate (as defined in
section 501)'' after ``Senator''; and
(B) by striking ``and'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(C) in the case of an election to the office of Senator
in which 1 or more candidates is a clean money candidate (as
defined in section 501), 10 percent of the amount of clean
money that a clean money candidate is eligible to receive for
the general election period.''.
SEC. 204. PARTY INDEPENDENT EXPENDITURES AND COORDINATED
EXPENDITURES.
(a) Determination to Make Coordinated Expenditures.--
Section 315(d) of the Federal Election Campaign Act of 1971
(2 U.S.C. 441a(d)) is amended--
(1) in paragraph (1)--
(A) by inserting ``coordinated'' after ``make''; and
(B) by striking ``(2) and (3)'' and inserting ``(2), (3),
and (4)''; and
(2) by adding at the end the following:
``(4)(A) Before a committee of a political party makes a
coordinated expenditure in connection with a general election
campaign for Federal office in excess of $5,000, the
committee shall file with the Commission a certification,
signed by the treasurer, that the committee has not made and
will not make any independent expenditures in connection with
that campaign for Federal office. A party committee that
determines to make a coordinated expenditure shall not make
any transfer of funds in the same election cycle to, or
receive any transfer of funds in the same election cycle
from, any other party committee that determines to make
independent expenditures in connection with the same campaign
for Federal office.
``(B) A committee of a political party shall be considered
to be in coordination with a candidate of the party if the
committee--
``(i) makes a payment for a communication or anything of
value in coordination with the candidate, as described in
section 301(8)(A)(iii);
``(ii) makes a coordinated expenditure under this
subsection on behalf of the candidate;
``(iii) participates in joint fundraising with the
candidate or in any way solicits or receives a contribution
on behalf of the candidate;
``(iv) communicates with the candidate, or an agent of the
candidate (including a pollster, media consultant, vendor,
advisor, or staff member), acting on behalf of the candidate,
about advertising, message, allocation of resources,
fundraising, or other campaign matters related to the
candidate's campaign, including campaign operations,
staffing, tactics or strategy; or
``(v) provides in-kind services, polling data, or anything
of value to the candidate.
``(C) For purposes of this paragraph, all political
committees established and maintained by a national political
party (including all congressional campaign committees) and
all political committees established by State political
parties shall be considered to be a single political
committee.
``(D) For purposes of subparagraph (A), any coordination
between a committee of a political party and a candidate of
the party after
[[Page S5799]]
the candidate has filed a statement of candidacy constitutes
coordination for the period beginning with the filing of the
statement of candidacy and ending at the end of the election
cycle.''.
(b) Definitions.--
(1) Amendment of definition of contribution.--Section
301(8) of the Federal Election Campaign Act of 1971 (2 U.S.C.
431(8)) is amended--
(A) in subparagraph (A)--
(i) by striking ``or'' at the end of clause (i);
(ii) by striking the period at the end of clause (ii) and
inserting ``; or''; and
(iii) by adding at the end the following:
``(iii) a payment made for a communication or anything of
value that is for the purpose of influencing an election for
Federal office and that is made in coordination with a
candidate.''; and
(B) by adding at the end the following:
``(C) For the purposes of subparagraph (A)(iii), the term
`payment made in coordination with a candidate' includes--
``(i) a payment made by a person in cooperation,
consultation, or concert with, at the request or suggestion
of, or pursuant to any general or particular understanding
with a candidate, the candidate's authorized committee, or an
agent acting on behalf of a candidate or authorized
committee;
``(ii) a payment made by a person for the dissemination,
distribution, or republication, in whole or in part, of any
broadcast or any written, graphic, or other form of campaign
material prepared by a candidate, a candidate's authorized
committee, or an agent of a candidate or authorized committee
(not including a communication described in paragraph
(9)(B)(i) or a communication that expressly advocates the
candidate's defeat);
``(iii) a payment made based on information about a
candidate's plans, projects, or needs provided to the person
making the payment by the candidate or the candidate's agent
who provides the information with a view toward having the
payment made;
``(iv) a payment made by a person if, in the same election
cycle in which the payment is made, the person making the
payment is serving or has served as a member, employee,
fundraiser, or agent of the candidate's authorized committee
in an executive or policymaking position;
``(v) a payment made by a person if the person making the
payment has served in any formal policy or advisory position
with the candidate's campaign or has participated in
strategic or policymaking discussions with the candidate's
campaign relating to the candidate's pursuit of nomination
for election, or election, to Federal office, in the same
election cycle as the election cycle in which the payment is
made; and
``(vi) a payment made by a person if the person making the
payment retains the professional services of an individual or
person who has provided or is providing campaign-related
services in the same election cycle to a candidate in
connection with the candidate's pursuit of nomination for
election, or election, to Federal office, including services
relating to the candidate's decision to seek Federal office,
and the payment is for services of which the purpose is to
influence that candidate's election.
``(D) For purposes of subparagraph (C)(vi), the term
`professional services' includes services in support of a
candidate's pursuit of nomination for election, or election,
to Federal office such as polling, media advice, direct mail,
fundraising, or campaign research.''.
(2) Definition of contribution in section 315(a)(7).--
Section 315(a)(7) of the Federal Election Campaign Act of
1971 (2 U.S.C. 441a(a)(7)) is amended by striking paragraph
(B) and inserting the following:
``(B)(i) Except as provided in clause (ii), a payment made
in coordination with a candidate (as described in section
301(8)(A)(iii)) shall be considered to be a contribution to
the candidate, and, for the purposes of any provision of this
Act that imposes a limitation on the making of expenditures
by a candidate, shall be treated as an expenditure by the
candidate for purposes of this paragraph.
``(ii) In the case of a clean money candidate (as defined
in section 501), a payment made in coordination with a
candidate by a committee of a political party shall not be
treated as a contribution to the candidate for purposes of
section 503(b)(1) or an expenditure made by the candidate for
purposes of section 503(b)(2).''.
(c) Meaning of Contribution or Expenditure for the Purposes
of Section 316.--Section 316(b)(2) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441b(b)(2)) is amended by
striking ``shall include'' and inserting ``includes a
contribution or expenditure (as those terms are defined in
section 301) and also includes''.
TITLE III--VOTER INFORMATION
SEC. 301. FREE BROADCAST TIME.
Section 315 of the Communications Act of 1934 (47 U.S.C.
315) is amended--
(1) in subsection (a), in the third sentence, by striking
``within the meaning of this subsection'' and inserting
``within the meaning of this subsection or subsection (c)'';
(2) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(3) by inserting after subsection (b) the following:
``(c) Free Broadcast Time.--
``(1) Amount of time.--A clean money candidate shall be
entitled to receive--
``(A) 30 minutes of free broadcast time during each of the
primary election period and the primary runoff election
period; and
``(B) 60 minutes of free broadcast time during the general
election period.
``(2) Time during which the broadcast is aired.--The
broadcast time under paragraph (1) shall be--
``(A) with respect to a television broadcast, the time
between 6:00 p.m. and 10:00 p.m. on any day that falls on
Monday through Friday; and
``(B) with respect to a radio broadcast, the time between
7:00 a.m. and 9:30 a.m. or between 4:30 p.m. and 7:00 p.m. on
any day that falls on Monday through Friday.
``(3) Maximum required of any station.--The amount of free
broadcast time that any 1 station is required to make
available to any 1 clean money candidate during each of the
primary election period, primary runoff election period, and
general election period shall not exceed 15 minutes.
``(4) Content of broadcast.--A broadcast under this
subsection shall be more than 30 seconds and less than 5
minutes in length.''; and
(4) in subsection (d) (as redesignated by paragraph (1))--
(A) by striking ``and'' at the end of paragraph (1);
(B) by striking the period at the end of paragraph (2) and
inserting a semicolon, and by redesignating that paragraph as
paragraph (4);
(C) by inserting after paragraph (1) the following:
``(2) the term `clean money candidate' has the meaning
given in section 501 of the Federal Election Campaign Act of
1971;
``(3) the term `general election period' has the meaning
given in section 501 of the Federal Election Campaign Act of
1971;''; and
(D) by adding at the end the following:
``(5) the term `primary election period' has the meaning
given in section 501 of the Federal Election Campaign Act of
1971;
``(6) the term `private money candidate' has the meaning
given in section 501 of the Federal Election Campaign Act of
1971; and
``(7) the term `primary runoff election period' has the
meaning given in section 501 of the Federal Election Campaign
Act of 1971.''.
SEC. 302. BROADCAST RATES AND PREEMPTION.
(a) Broadcast Rates.--Section 315(b) of the Communications
Act of 1934 (47 U.S.C. 315(b)) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and adjusting the
margins accordingly;
(2) by striking ``The charges'' and inserting the
following:
``(1) In general.--Except as provided in paragraph (2), the
charges''; and
(3) by adding at the end the following:
``(2) Clean money candidates.--In the case of a clean money
candidate, the charges for the use of a television
broadcasting station shall not exceed 50 percent of the
lowest charge described in paragraph (1)(A) during--
``(A) the 30 days preceding the date of a primary or
primary runoff election in which the candidate is opposed;
and
``(B) the 60 days preceding the date of a general or
special election in which the candidate is opposed.
``(3) Rate cards.--A licensee shall provide to a Senate
candidate a rate card that discloses--
``(A) the rate charged under this subsection; and
``(B) the method that the licensee uses to determine the
rate charged under this subsection.''.
(b) Preemption.--Section 315 of the Communications Act of
1934 (47 U.S.C. 315) (as amended by section 301) is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (d) the following:
``(d) Preemption.--
``(1) In general.--Except as provided in paragraph (2), a
licensee shall not preempt the use of a broadcasting station
by a legally qualified candidate for the United States Senate
who has purchased and paid for such use.
``(2) Circumstances beyond control of licensee.--If a
program to be broadcast by a broadcasting station is
preempted because of circumstances beyond the control of the
broadcasting station, any candidate advertising spot
scheduled to be broadcast during that program may also be
preempted.''.
SEC. 303. CAMPAIGN ADVERTISEMENTS; ISSUE ADVERTISEMENTS.
(a) Contents of Campaign Advertisements.--Section 318 of
the Federal Election Campaign Act of 1971 (2 U.S.C. 441d) is
amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``Whenever'' and inserting ``Whenever a
political committee makes a disbursement for the purpose of
financing any communication through any broadcasting station,
newspaper, magazine, outdoor advertising facility, mailing,
or any other type of general public political advertising, or
whenever'';
(ii) by striking ``an expenditure'' and inserting ``a
disbursement''; and
(iii) by striking ``direct''; and
(B) in paragraph (3), by inserting ``and permanent street
address'' after ``name''; and
(2) by adding at the end the following:
``(c) Any printed communication described in subsection (a)
shall be--
``(1) of sufficient type size to be clearly readable by the
recipient of the communication;
[[Page S5800]]
``(2) contained in a printed box set apart from the other
contents of the communication; and
``(3) consist of a reasonable degree of color contrast
between the background and the printed statement.
``(d)(1) Any broadcast or cablecast communication described
in subsection (a)(1) or subsection (a)(2) shall include, in
addition to the requirements of those subsections, an audio
statement by the candidate that identifies the candidate and
states that the candidate has approved the communication.
``(2) If a broadcast or cablecast communication described
in paragraph (1) is broadcast or cablecast by means of
television, the communication shall include, in addition to
the audio statement under paragraph (1), a written statement
which--
``(A) appears at the end of the communication in a clearly
readable manner with a reasonable degree of color contrast
between the background and the printed statement, for a
period of at least 4 seconds; and
``(B) is accompanied by a clearly identifiable photographic
or similar image of the candidate.
``(e) Any broadcast or cablecast communication described in
subsection (a)(3) shall include, in addition to the
requirements of those subsections, in a clearly spoken
manner, the following statement: `________ is responsible for
the content of this advertisement.' (with the blank to be
filled in with the name of the political committee or other
person paying for the communication and the name of any
connected organization of the payor). If broadcast or
cablecast by means of television, the statement shall also
appear in a clearly readable manner with a reasonable degree
of color contrast between the background and the printed
statement, for a period of at least 4 seconds.
``(f) Any broadcast or cablecast communication described in
subsection (a)(1), made by or on behalf of a private money
candidate (as defined in section 501), shall include, in
addition to the requirements of this subsection, in a clearly
spoken manner, the following statement: `This candidate has
chosen not to participate in the Clean Money, Clean Elections
Act and is receiving campaign contributions from private
sources'.''.
(b) Reporting Requirements for Issue Advertisements.--
Section 304 of the Federal Election Campaign Act of 1971 (2
U.S.C. 434) (as amended by section 103) is amended by adding
at the end the following:
``(e) Issue Advertisements.--
``(1) In general.--A person that makes or obligates to make
a disbursement to purchase an issue advertisement shall file
a report with the Commission not later than 48 hours after
making or obligating to make the disbursement, containing the
following information--
``(A) the amount of the disbursement;
``(B) the information required under subsection (b)(3)(A)
for each person that makes a contribution, in an aggregate
amount of $5,000 or greater in a calendar year, to the person
who makes the disbursement;
``(C) the name and address of the person making the
disbursement; and
``(D) the purpose of the issue advertisement.
``(2) Definition of issue advertisement.--In this
subsection, the term `issue advertisement' means a
communication through a broadcasting station, newspaper,
magazine, outdoor advertising facility, mailing, or any other
type of general public political advertising--
``(A) the purchase of which is not an independent
expenditure or a contribution;
``(B) that contains the name or likeness of a Senate
candidate;
``(C) that is communicated during an election year; and
``(D) that recommends a position on a political issue.''.
SEC. 304. LIMIT ON CONGRESSIONAL USE OF THE FRANKING
PRIVILEGE.
Section 3210(a)(6) of title 39, United States Code, is
amended by striking subparagraph (A) and inserting the
following:
``(A)(i) Except as provided in clause (ii), a Member of
Congress shall not mail any mass mailing as franked mail
during a year in which there will be an election for the seat
held by the Member during the period between January 1 of
that year and the date of the general election for that
office, unless the Member has made a public announcement that
the Member will not be a candidate for reelection in that
year or for election to any other Federal office.
``(ii) A Member of Congress may mail a mass mailing as
franked mail if--
``(I) the purpose of the mailing is to communicate
information about a public meeting; and
``(II) the content of the mailed matter includes only the
candidate's name, and the date, time, and place of the public
meeting.''.
TITLE IV--SOFT MONEY OF POLITICAL PARTY COMMITTEES
SEC. 401. SOFT MONEY OF POLITICAL PARTY COMMITTEE.
Title III of the Federal Election Campaign Act of 1971 (2
U.S.C. 431 et seq.) is amended by adding at the end the
following:
``SEC. 324. SOFT MONEY OF PARTY COMMITTEES.
``(a) National Committees.--A national committee of a
political party (including a national congressional campaign
committee of a political party but not including an entity
regulated under subsection (b)) shall not solicit or receive
any contributions, donations, or transfers of funds, or spend
any funds, that are not subject to the limitations,
prohibitions, and reporting requirements of this Act.
``(b) State, District, and Local Committees.--
``(1) In general.--A State, district, or local committee of
a political party shall not expend or disburse any amount
during a calendar year in which a Federal election is held
for any activity that might affect the outcome of a Federal
election, including any voter registration or get-out-the-
vote activity, any generic campaign activity, and any
communication that refers to a candidate (regardless of
whether a candidate for State or local office is also
mentioned or identified) unless the amount is subject to the
limitations, prohibitions, and reporting requirements of this
Act.
``(2) Activity excluded from paragraph (1).--
``(A) In general.--Paragraph (1) shall not apply to an
expenditure or disbursement made by a State, district, or
local committee of a political party for--
``(i) a contribution to a candidate for State or local
office if the contribution is not designated or otherwise
earmarked to pay for an activity described in paragraph (1);
``(ii) the costs of a State, district, or local political
convention;
``(iii) the non-Federal share of a State, district, or
local party committee's administrative and overhead expenses
(but not including the compensation in any month of any
individual who spends more than 20 percent of the
individual's time on activities during the month that may
affect the outcome of a Federal election), except that for
purposes of this paragraph, the non-Federal share of a party
committee's administrative and overhead expenses shall be
determined by applying the ratio of the non-Federal
disbursements to the total Federal expenditures and non-
Federal disbursements made by the committee during the
previous presidential election year to the committee's
administrative and overhead expenses in the election year in
question;
``(iv) the costs of grassroots campaign materials,
including buttons, bumper stickers, and yard signs that name
or depict only a candidate for State or local office; and
``(v) the cost of any campaign activity conducted solely on
behalf of a clearly identified candidate for State or local
office, if the candidate activity is not an activity
described in paragraph (1).
``(B) Fundraising costs.--A national, State, district, or
local committee of a political party shall not expend any
amount to raise funds that are used, in whole or in part, to
pay the costs of an activity described in paragraph (1)
unless the amount is subject to the limitations,
prohibitions, and reporting requirements of this Act.
``(c) Tax-exempt Organizations.--A national, State,
district, or local committee of a political party (including
a national congressional campaign committee of a political
party) shall not solicit any funds for or make any donations
to an organization that is exempt from Federal taxation under
section 501(a) of the Internal Revenue Code of 1986 and that
is described in section 501(c) of such Code.
``(d) Candidates.--
``(1) In general.--A candidate, individual holding Federal
office, or agent of a candidate or individual holding Federal
office shall not--
``(A) solicit, receive, transfer, or spend funds in
connection with an election for Federal office unless the
funds are subject to the limitations, prohibitions, and
reporting requirements of this Act;
``(B) solicit, receive, or transfer funds that are to be
expended in connection with any election other than a Federal
election unless the funds--
``(i) are not in excess of the amounts permitted with
respect to contributions to candidates and political
committees under section 315(a) (1) and (2); and
``(ii) are not from sources prohibited by this Act from
making contributions with respect to an election for Federal
office; or
``(C) solicit, receive, or transfer any funds on behalf of
any person that are not subject to the limitations,
prohibitions, and reporting requirements of this Act if the
funds are for use in financing any campaign-related activity
or any communication that refers to a clearly identified
candidate for Federal office.
``(2) Exception.--Paragraph (1) does not apply to the
solicitation or receipt of funds by an individual who is a
candidate for a State or local office if the solicitation or
receipt of funds is permitted under State law for the
individual's State or local campaign committee.
``(e) Definition of Committee.--In this section, the term
`committee of a political party' includes an entity that is
directly or indirectly established, financed, maintained, or
controlled by a committee or its agent, an entity acting on
behalf of a committee, and an officer or agent acting on
behalf of any such committee or entity.''.
SEC. 402. STATE PARTY GRASSROOTS FUNDS.
(a) Individual Contributions.--Section 315(a)(1) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(1))
is amended--
(1) in subparagraph (B) by striking ``or'' at the end;
(2) by redesignating subparagraph (C) as subparagraph (D);
and
(3) by inserting after subparagraph (B) the following:
[[Page S5801]]
``(C) to--
``(i) a State Party Grassroots Fund established and
maintained by a State committee of a political party in any
calendar year which, in the aggregate, exceed $20,000;
``(ii) any other political committee established and
maintained by a State committee of a political party in any
calendar year which, in the aggregate, exceed $5,000;
except that the aggregate contributions described in this
subparagraph that may be made by a person to the State Party
Grassroots Fund and all committees of a State Committee of a
political party in any State in any calendar year shall not
exceed $20,000; or''.
(b) Limits.--
(1) In general.--Section 315(a) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441a(a)) is amended by
striking paragraph (3) and inserting the following:
``(3) Overall limits.--
``(A) Individual limit.--No individual shall make
contributions during any calendar year that, in the
aggregate, exceed $25,000.
``(B) Calendar year.--No individual shall make
contributions during any calendar year--
``(i) to all candidates and their authorized political
committees that, in the aggregate, exceed $25,000; or
``(ii) to all political committees established and
maintained by State committees of a political party that, in
the aggregate, exceed $20,000.
``(C) Nonelection years.--For purposes of subparagraph
(B)(i), any contribution made to a candidate or the
candidate's authorized political committees in a year other
than the calendar year in which the election is held with
respect to which the contribution is made shall be treated as
being made during the calendar year in which the election is
held.''.
(c) Definitions.--Section 301 of the Federal Election
Campaign Act of 1970 (2 U.S.C. 431) is amended by adding at
the end the following:
``(20) The term `generic campaign activity' means a
campaign activity that promotes a political party and does
not refer to any particular Federal or non-Federal candidate.
``(21) The term `State Party Grassroots Fund' means a
separate segregated fund established and maintained by a
State committee of a political party solely for purposes of
making expenditures and other disbursements described in
section 326(d).''.
(d) State Party Grassroots Funds.--Title III of the Federal
Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) (as
amended by section 401) is amended by adding at the end the
following:
``SEC. 325. STATE PARTY GRASSROOTS FUNDS.
``(a) In General.--A State committee of a political party
shall only make disbursements and expenditures from the
committee's State Party Grassroots Fund that are described in
subsection (d).
``(b) Transfers.--
``(1) In general.--Notwithstanding section 315(a)(4), a
State committee of a political party shall not transfer any
funds from the committee's State Party Grassroots Fund to any
other State Party Grassroots Fund or to any other political
committee, except as provided in paragraph (2).
``(2) Exception.--A committee of a political party may
transfer funds from the committee's State Party Grassroots
Fund to a district or local committee of the same political
party in the same State if the district or local committee--
``(A) has established a separate segregated fund for the
purposes described in subsection (d); and
``(B) uses the transferred funds solely for those purposes.
``(c) Amounts Received by Grassroots Funds From State and
Local Candidate Committees.--
``(1) In general.--Any amount received by a State Party
Grassroots Fund from a State or local candidate committee for
expenditures described in subsection (d) that are for the
benefit of that candidate shall be treated as meeting the
requirements of 324(b)(1) and section 304(d) if--
``(A) the amount is derived from funds which meet the
requirements of this Act with respect to any limitation or
prohibition as to source or dollar amount specified in
section 315(a) (1)(A) and (2)(A)(i); and
``(B) the State or local candidate committee--
``(i) maintains, in the account from which payment is made,
records of the sources and amounts of funds for purposes of
determining whether those requirements are met; and
``(ii) certifies that the requirements were met.
``(2) Determination of compliance.--For purposes of
paragraph (1)(A), in determining whether the funds
transferred meet the requirements of this Act described in
paragraph (1)(A)--
``(A) a State or local candidate committee's cash on hand
shall be treated as consisting of the funds most recently
received by the committee; and
``(B) the committee must be able to demonstrate that its
cash on hand contains funds meeting those requirements
sufficient to cover the transferred funds.
``(3) Reporting.--Notwithstanding paragraph (1), any State
Party Grassroots Fund that receives a transfer described in
paragraph (1) from a State or local candidate committee shall
be required to meet the reporting requirements of this Act,
and shall submit to the Commission all certifications
received, with respect to receipt of the transfer from the
candidate committee.
``(d) Disbursements and Expenditures.--A State committee of
a political party may make disbursements and expenditures
from its State Party Grassroots Fund only for--
``(1) any generic campaign activity;
``(2) payments described in clauses (v), (ix), and (xi) of
paragraph (8)(B) and clauses (iv), (viii), and (ix) of
paragraph (9)(B) of section 301;
``(3) subject to the limitations of section 315(d),
payments described in clause (xii) of paragraph (8)(B), and
clause (ix) of paragraph (9)(B), of section 301 on behalf of
candidates other than for President and Vice President;
``(4) voter registration; and
``(5) development and maintenance of voter files during an
even-numbered calendar year.
``(e) Definition.--In this section, the term `State or
local candidate committee' means a committee established,
financed, maintained, or controlled by a candidate for other
than Federal office.''.
SEC. 403. REPORTING REQUIREMENTS.
(a) Reporting Requirements.--Section 304 of the Federal
Election Campaign Act of 1971 (2 U.S.C. 434) (as amended by
section 303(b)) is amended by adding at the end the
following:
``(f) Political Committees.--
``(1) National and congressional political committees.--The
national committee of a political party, any congressional
campaign committee of a political party, and any subordinate
committee of either, shall report all receipts and
disbursements during the reporting period, whether or not in
connection with an election for Federal office.
``(2) Other political committees to which section 324
applies.--A political committee to which section 324(b)(1)
applies shall report all receipts and disbursements made for
activities described in section 324(b) (1) and (2)(A)(iii).
``(3) Other political committees.--Any political committee
to which paragraph (1) or (2) does not apply shall report any
receipts or disbursements that are used in connection with a
Federal election.
``(4) Itemization.--If a political committee has receipts
or disbursements to which this subsection applies from any
person aggregating in excess of $200 for any calendar year,
the political committee shall separately itemize its
reporting for the person in the same manner as required in
paragraphs (3)(A), (5), and (6) of subsection (b).
``(5) Reporting periods.--Reports required to be filed
under this subsection shall be filed for the same time
periods as reports are required for political committees
under subsection (a).''.
(b) Building Fund Exception to the Definition of
Contribution.--Section 301(8) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 431(8)) is amended--
(1) by striking clause (viii); and
(2) by redesignating clauses (ix) through (xiv) as clauses
(viii) through (xiii), respectively.
(c) Reports by State Committees.--Section 304 of the
Federal Election Campaign Act of 1971 (2 U.S.C. 434) (as
amended by subsection (a)) is amended by adding at the end
the following:
``(g) Filing of State Reports.--In lieu of any report
required to be filed by this Act, the Commission may allow a
State committee of a political party to file with the
Commission a report required to be filed under State law if
the Commission determines that such reports contain
substantially the same information.''.
(d) Other Reporting Requirements.--
(1) Authorized committees.--Section 304(b)(4) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 434(b)(4)) is
amended--
(A) by striking ``and'' at the end of subparagraph (H);
(B) by inserting ``and'' at the end of subparagraph (I);
and
(C) by adding at the end the following:
``(J) in the case of an authorized committee, disbursements
for the primary election, the general election, and any other
election in which the candidate participates;''.
(2) Names and addresses.--Section 304(b)(5)(A) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 434(b)(5)(A))
is amended by striking ``operating expense'' and inserting
``operating expenditure, and the election to which the
operating expenditure relates''.
TITLE V--RESTRUCTURING AND STRENGTHENING OF THE FEDERAL ELECTION
COMMISSION
SEC. 501. APPOINTMENT AND TERMS OF COMMISSIONERS.
(a) In General.--Section 306(a) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 437c(a)) is amended--
(1) in paragraph (1)--
(A) by striking ``(1) There is established'' and inserting
``(1)(A) There is established'';
(B) by striking the second sentence and inserting the
following:
``(B) Composition of Commission.--The Commission is
composed of 6 members appointed by the President, by and with
the advice and consent of the Senate, and 1 member appointed
by the President from among persons recommended by the
Commission as provided in subparagraph (D).'';
(C) by striking ``No more than'' and inserting the
following:
``(C) Party affiliation.--Not more than''; and
(D) by adding at the end the following:
``(D) Nomination by Commission of Additional Member.--
``(i) In general.--The members of the Commission shall
recommend to the President, by a vote of 4 members, 3 persons
for the appointment to the Commission.
[[Page S5802]]
``(ii) Vacancy.--On vacancy of the position of the member
appointed under this subparagraph, a member shall be
appointed to fill the vacancy in the same manner as provided
in clause (i).'';
(2) in paragraph (2)(A) by striking ``terms of 6 years''
and inserting ``not more than 1 term of 6 years;''; and
(3) in paragraphs (3) and (4), by striking ``(other than
the Secretary of the Senate and the Clerk of the House of
Representatives)''.
(b) Transition Rule.--Not later than 90 days after the date
of enactment of this Act, the Commission shall recommend
persons for appointment under section 306(a)(1)(D) of the
Federal Election Campaign Act of 1971, as added by section
501(a)(1)(D) of this Act.
SEC. 502. AUDITS.
(a) Random audit.--Section 311(b) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 438(b)) is amended--
(1) by inserting ``(1)'' before ``The Commission''; and
(2) by adding at the end the following:
``(2) Random audits.--
``(A) In general.--Notwithstanding paragraph (1), after
every primary, general, and runoff election, the Commission
may conduct random audits and investigations to ensure
voluntary compliance with this Act.
``(B) Selection of subjects.--The subjects of audits and
investigations under this paragraph shall be selected on the
basis of impartial criteria established by a vote of at least
4 members of the Commission.
``(C) Exclusion.--This paragraph does not apply to an
authorized committee of a candidate for President or Vice
President subject to audit under chapter 95 or 96 of the
Internal Revenue Code of 1986.''.
SEC. 503. AUTHORITY TO SEEK INJUNCTION.
Section 309(a) of the Federal Election Campaign Act of 1971
(2 U.S.C. 437g(a)) is amended--
(1) by adding at the end the following:
``(13) Authority to seek injunction.--
``(A) In general.--If, at any time in a proceeding
described in paragraph (1), (2), (3), or (4), the Commission
believes that--
``(i) there is a substantial likelihood that a violation of
this Act is occurring or is about to occur;
``(ii) the failure to act expeditiously will result in
irreparable harm to a party affected by the potential
violation;
``(iii) expeditious action will not cause undue harm or
prejudice to the interests of others; and
``(iv) the public interest would be best served by the
issuance of an injunction;
the Commission may initiate a civil action for a temporary
restraining order or preliminary injunction pending the
outcome of proceedings under paragraphs (1), (2), (3), and
(4).
``(B) Venue.--An action under subparagraph (A) shall be
brought in the United States district court for the district
in which the defendant resides, transacts business, or may be
found, or in which the violation is occurring, has occurred,
or is about to occur.'';
(2) in paragraph (7), by striking ``(5) or (6)'' and
inserting ``(5), (6), or (13)''; and
(3) in paragraph (11), by striking ``(6)'' and inserting
``(6) or (13)''.
SEC. 504. STANDARD FOR INVESTIGATION.
Section 309(a)(2) of the Federal Election Campaign Act of
1971 (2 U.S.C. 437f(a)(2)) is amended by striking ``reason to
believe that'' and inserting ``reason to open an
investigation on whether''.
SEC. 505. PETITION FOR CERTIORARI.
Section 307(a)(6) of the Federal Election Campaign Act of
1971 (2 U.S.C. 437d(a)) is amended by inserting ``(including
a proceeding before the Supreme Court on certiorari)'' after
``appeal''.
SEC. 506. EXPEDITED PROCEDURES.
Section 309(a) of the Federal Election Campaign Act of 1971
(2 U.S.C. 437g(a)) (as amended by section 503) is amended by
adding at the end the following:
``(14) Expedited procedure.--
``(A) 60 days before a general election.--If the complaint
in a proceeding was filed within 60 days before the date of a
general election, the Commission may take action described in
this subparagraph.
``(B) Resolution before an election.--If the Commission
determines, on the basis of facts alleged in the complaint
and other facts available to the Commission, that there is
clear and convincing evidence that a violation of this Act
has occurred, is occurring, or is about to occur and it
appears that the requirements for relief stated in clauses
(ii), (iii), and (iv) of paragraph (13)(A) are met, the
Commission may--
``(i) order expedited proceedings, shortening the time
periods for proceedings under paragraphs (1), (2), (3), and
(4) as necessary to allow the matter to be resolved in
sufficient time before the election to avoid harm or
prejudice to the interests of the parties; or
``(ii) if the Commission determines that there is
insufficient time to conduct proceedings before the election,
immediately seek relief under paragraph (13)(A).
``(C) Meritless complaints.--If the Commission determines,
on the basis of facts alleged in the complaint and other
facts available to the Commission, that the complaint is
clearly without merit, the Commission may--
``(i) order expedited proceedings, shortening the time
periods for proceedings under paragraphs (1), (2), (3), and
(4) as necessary to allow the matter to be resolved in
sufficient time before the election to avoid harm or
prejudice to the interests of the parties; or
``(ii) if the Commission determines that there is
insufficient time to conduct proceedings before the election,
summarily dismiss the complaint.''.
SEC. 507. FILING OF REPORTS USING COMPUTERS AND FACSIMILE
MACHINES.
Section 302(g) of the Federal Election Campaign Act of 1971
(2 U.S.C. 432(g)) is amended by adding at the end the
following:
``(5) Filing of reports using computers and facsimile
machines.--
``(A) Computers.--The Commission, in consultation with the
Secretary of the Senate and the Clerk of the House of
Representatives, shall issue a regulation under which a
person required to file a designation, statement, or report
under this Act--
``(i) is required to maintain and file the designation,
statement, or report for any calendar year in electronic form
accessible by computers if the person has, or has reason to
expect to have, aggregate contributions or expenditures in
excess of a threshold amount determined by the Commission;
and
``(ii) may maintain and file the designation, statement, or
report in that manner if not required to do so under a
regulation under clause (i).
``(B) Facsimile machines.--The Commission, in consultation
with the Secretary of the Senate and the Clerk of the House
of Representatives, shall prescribe a regulation that allows
a person to file a designation, statement, or report required
by this Act through the use of a facsimile machine.
``(C) Verification.--In a regulation under this paragraph,
the Commission shall provide methods (other than requiring a
signature on the document being filed) for verifying a
designation, statement, or report. Any document verified
under any of the methods shall be treated for all purposes
(including penalties for perjury) in the same manner as a
document verified by signature.
``(D) Compatibility of systems.--The Secretary of the
Senate and the Clerk of the House of Representatives shall
ensure that any computer or other system that the Secretary
or the Clerk may develop and maintain to receive
designations, statements, and reports in the forms required
or permitted under this paragraph is compatible with any
system that the Commission may develop and maintain.''.
SEC. 508. POWER TO ISSUE SUBPOENA WITHOUT SIGNATURE OF
CHAIRPERSON.
Section 307(a)(3) of the Federal Election Campaign Act of
1971 (2 U.S.C. 437d(a)(3)) is amended by striking ``, signed
by the chairman or the vice chairman,''.
SEC. 509. PROHIBITION OF CONTRIBUTIONS BY INDIVIDUALS NOT
QUALIFIED TO VOTE.
(a) Prohibition.--Section 319 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441e) is amended--
(1) in the heading by adding ``AND INDIVIDUALS NOT
QUALIFIED TO REGISTER TO VOTE'' at the end; and
(2) in subsection (a)--
(A) by striking ``(a) It shall'' and inserting the
following:
``(a) Prohibitions.--
``(1) Foreign nationals.--It shall''; and
(B) by adding at the end the following:
``(2) Individuals not qualified to vote.--It shall be
unlawful for an individual who is not qualified to register
to vote in a Federal election to make a contribution, or to
promise expressly or impliedly to make a contribution, in
connection with a Federal election; or for any person to
solicit, accept, or receive a contribution in connection with
a Federal election from an individual who is not qualified to
register to vote in a Federal election.''.
(b) Inclusion in Definition of Identification.--Section
301(13) of the Federal Election Campaign Act of 1971 (2
U.S.C. 431(13)) is amended--
(1) in subparagraph (A)--
(A) by striking ``and'' the first place it appears; and
(B) by inserting ``, and an affirmation that the individual
is an individual who is not prohibited by section 319 from
making a contribution'' after ``employer''; and
(2) in subparagraph (B) by inserting ``and an affirmation
that the person is a person that is not prohibited by section
319 from making a contribution'' after ``such person''.
TITLE VI--EFFECTIVE DATE
SEC. 601. EFFECTIVE DATE.
This Act and the amendments made by this Act take effect on
January 1, 1998.
____
The Clean Money, Clean Elections Act--Section-by-Section Analysis
Section 1. Short title; table of contents.
TITLE I--CLEAN MONEY FINANCING OF SENATE ELECTION CAMPAIGNS
(pp 2-32)
SECTION 101. FINDINGS AND DECLARATIONS.
Section 101 states the premises for the legislation.
SECTION 102. ELIGIBILITY REQUIREMENTS AND BENEFITS OF ``CLEAN
MONEY'' FINANCING OF SENATE ELECTION CAMPAIGNS.
Section 102 of the bill would create a new Title V in the
1971 Federal Election Campaign Act (2 U.S.C. 431). It defines
``clean money;'' establishes the requirements for a major
party or other candidate to qualify to receive clean money;
establishes the dates and methods for receiving clean money;
places restrictions, including spending limits, on clean
money candidates; establishes the amounts of clean money to
be provided
[[Page S5803]]
to candidates for primary and general elections; and allows
for providing additional clean money to match expenditures by
and on behalf of an opponent which exceed a trigger-amount
above the voluntary spending limit adopted by the clean money
candidate.
The section defines clean money as the funds provided to a
qualifying clean money candidate. Clean money will be
provided from a Senate Election Fund established in the
Treasury and composed of unspent seed money contributions,
qualifying contributions, penalties, and amounts appropriated
for clean money financing of Senate election campaigns.
The clean money candidate qualifying period begins 270 days
prior to the date of the primary election. To qualify for
clean money financing for a primary or a general election, a
candidate must be certified as qualified by 30 days prior to
the date of that election. Prior to the candidate receiving
clean money from the Senate Election Fund, a candidate
wishing to qualify as a clean money candidate may spend only
``seed money.'' Seed money contributions are private
contributions of not more than $100 in the aggregate by a
person. It is the only private money a clean money candidate
may receive as a contribution, and spend. A candidate's seed
money contributions are limited to a total of $50,000 plus an
additional $5,000 for every congressional district in the
state over one. Seed money can be spent for campaign-related
costs such as to open an office, fund a grassroots campaign
or hold community meetings, but cannot be spent for a
television or radio broadcast or for personal use. At the
time that a clean money candidate receives clean money, all
unspent seed money shall be remitted to the Commission to be
deposited in the Senate Election Fund
To qualify for clean money financing, a major party
candidate must gather a number of qualifying contributions
equal to one-quarter of 1 percent of the state's voting age
population, or 1,000 qualifying contributions, whichever is
greater. A qualifying contribution is $5, made by an
individual registered to vote in the candidate's state, and
is made during the qualifying period. Qualifying
contributions are made to the Senate Election Fund by check,
money order or cash. They shall be accompanied by the
contributor's name and address and a signed statement that
the purpose of the contribution is to allow the named
candidate to qualify as a clean money candidate.
A major party candidate is the candidate of a party whose
candidate for Senator, President or Governor in the preceding
5 years received, as a candidate of that party, 25 percent or
more of the total popular vote in that state for all
candidates for that office.
Clean money candidates qualify for clean money for both the
primary and the general election. A qualifying candidate will
receive clean money for the primary election upon being
certified by the Commission, and once the ``primary election
period'' has begun. A candidate will be certified within 5
days of filing for certification if the candidate has
gathered the threshold number of qualifying contributions,
has not spent private money other than seed money, and is
eligible to be on the primary ballot. The primary election
period is from 90 days prior to the primary election date
until the primary election date. The qualifying period begins
180 days before the beginning of the primary election period.
A candidate must be certified as a clean money candidate by
30 days prior to the primary election in order to receive
clean money financing for the primary election.
A clean money candidate who wins the party primary and is
eligible to be placed on the ballot for the general election
will receive clean money financing for the general election.
A candidate not of a major party who does not qualify as a
clean money candidate in time to receive clean money
financing for the primary election period may still qualify
for clean money financing for the general election by
gathering the threshold number of qualifying contributions by
30 days prior to the general election and qualifying to be on
the ballot.
The amount of clean money a qualified candidate receives
for the primary and the general election is also the spending
limit for clean money candidates for each respective
election. The clean money amount for the general election for
a qualified clean money candidate is established according to
a formula based on a state's voting age population. The
formula results in clean money financing for primary and
general elections for major party candidates in contested
elections which equals 80 percent of the spending limits for
primary and general elections established by S. 25, the
McCain-Feingold bill.
The section establishes a clean money ceiling for the
general election of $4.4 million, and a floor of $760,000.
The clean money amount for a contested major party primary is
67 percent of the clean money amount for the general
election. In the case of an uncontested primary or general
election, the clean money amount is 25 percent of the amount
provided in the case of a contested election.
To qualify for clean money financing, a candidate who is
not a major party candidate must collect 150 percent of the
number of qualifying contributions that a major party
candidate in the same election is required to collect. A
candidate who is not a major party candidate must otherwise
qualify for clean money financing according to the same
requirements, restrictions and deadlines as does a major
party candidate. A candidate who is not a major party
candidate who qualifies as a clean money candidate in the
primary election period will receive 25 percent of the
regular clean money amount for a major party candidate in the
primary. A candidate who is not a major party candidate who
qualifies as a clean money candidate will receive the same
clean money amount in the general election as will a major
party candidate.
Additional clean money financing, above the regular clean
money amount, will be provided to a clean money candidate to
match aggregate expenditures by a private money candidate,
and independent expenditures against the clean money
candidate or on behalf of an opponent of the clean money
candidate, which are, separately or combined, in excess of
125 percent of the clean money spending limit. The total
amount of matching clean money financing received by a
candidate shall not exceed 200 percent of the regular clean
money spending limit.
The section establishes penalties for misuse of clean money
and for expenditure by a clean money candidate of money other
than clean money.
SECTION 103. REPORTING REQUIREMENTS FOR PRIVATE MONEY
CANDIDATES.
Section 103 requires private money candidates facing clean
money opponents to report within 48 hours expenditures which
in aggregate exceed the amount of clean money provided to a
clean money candidate. A report of additional expenditures,
in aggregate increments of $1,000, will also be required.
SECTION 104. TRANSITION RULE FOR CURRENT ELECTION CYCLE.
Section 104 allows a candidate who received private
contributions or made private expenditures prior to enactment
of the Act not to be disqualified as a clean money candidate.
TITLE II--INDEPENDENT EXPENDITURES; COORDINATED EXPENDITURES.
(pp 33-47.)
SECTION 201. REPORTING REQUIREMENTS FOR INDEPENDENT
EXPENDITURES.
Section 201 amends Section 304 (c) of the 1971 FECA (2
U.S.C. 434 (c)) to require reporting of independent
expenditures made or obligated to be made in support of an
opponent of or in opposition to a clean money candidate.
Prior to 20 days before the date of the election, each such
independent expenditure which exceeds in aggregate $1,000 by
a person shall be reported within 48 hours. After 20 days
prior to the date of the election, each such independent
expenditure made or obligated to be made which exceeds in
aggregate $500 shall be reported within 24 hours.
SECTION 202. DEFINITION OF INDEPENDENT EXPENDITURE.
Section 202 amends section 301 of the 1971 FECA (2 U.S.C.
431) to create a new definition of independent expenditure.
An independent expenditure would be an expenditure made by a
person other than a candidate or candidate's authorized
committee: That is made for a communication that contains
express advocacy; and is made without the participation or
cooperation of, and without coordination with, a candidate.
The section defines express advocacy as a communication
that is made through a broadcast medium, newspaper, magazine,
billboard, direct mail or other general public communication
or political advertising and that: Advocates the election or
defeat of a clearly identified candidate, including a
communication that: Contains a phrase such as ``vote for'',
``re-elect'', ``support'', ``cast your ballot for'', ``(name
of candidate) for Congress'', ``(name of candidate) in
1998'', ``vote against'', ``defeat'', ``reject''; or contains
campaign slogans or individual words that in context can have
no reasonable meaning other than to recommend the election or
defeat of a clearly identified candidate; or involves
aggregate disbursements of $5,000 or more; refers to a
clearly identified candidate; and is made within the last 60
days before the date of a general election.
The section provides a fall back definition of express
advocacy should a portion of the above definition not be in
effect. The fall back definition would be in addition to any
portion of the above still in effect. The fall back
definition establishes that express advocacy would be a
communication that clearly identifies a candidate and: Taken
as a whole, with limited reference to external events,
expresses unmistakable support for or opposition to the
candidate; or is made for the clear purpose of advocating
the election or defeat of the candidate, as shown by a
statement or action by the person making the
communication, the targeting or placement of the
communication, and the use by the person making the
communication of polling, demographic or other similar
data relating to the candidate's campaign for election.
SECTION 203. LIMIT ON EXPENDITURES BY POLITICAL PARTY
COMMITTEES.
The section amends section 315(d)(3) of the 1971 FECA (2
U.S.C. 441a(d)(3)) to limit a party's coordinated
expenditures in a race involving a clean money candidate. In
the case of any Senate election in which 1 or more candidates
is a clean money candidate, the amount that any party may
spend in connection with that race or in coordination with
that candidate is limited to 10 percent of the amount of
clean money a clean money candidate is eligible to receive
for the general election.
SECTION 204. PARTY INDEPENDENT EXPENDITURES AND COORDINATED
EXPENDITURES.
The section, modeled after S. 25, the McCain-Feingold bill,
strictly tightens the
[[Page S5804]]
definition of party coordination with a candidate in numerous
ways. The section also requires a party which makes a
coordinated expenditure in connection with a general election
campaign for Federal office in excess of $5,000 to file a
certification that the party will not make any independent
expenditures in connection with that campaign. The section
further strictly tightens the definition of coordinated
expenditure by persons other than a party. And it establishes
that coordinated expenditures shall be considered to be
contributions made to a candidate (with an exception that
allows the limited party coordinated expenditures on behalf
of a clean money candidate as provided in Section 203).
TITLE III--VOTER INFORMATION.
(pp 47-57)
SECTION 301. FREE BROADCAST TIME.
The section provides clean money candidates with 30 minutes
of free broadcast time during the primary election period and
60 minutes of free broadcast time during the general election
period. The broadcasts shall be between 30 seconds and 5
minutes in length, aired during prime time for television or
drive time for radio. Any one station shall not be required
to provide a clean money candidate with more than 15 minutes
of free time during an election period.
SECTION 302. BROADCAST RATES AND PREEMPTION.
A clean money candidate in a contested election shall be
charged 50 percent of the lowest charge described in section
315(b) of the Communications Act of 1934 (47 U.S.C.315(b))
for purchased broadcast time during the 30 days preceding
the primary and 60 days preceding the general election.
SECTION 303. CAMPAIGN ADVERTISING.
The section requires that campaign advertisements contain
sufficient information clearly identifying the candidate on
whose behalf the advertisements are placed. The information
shall include an audio statement by the candidate where
applicable which states that the candidate approves the
communication, and a clearly identifiable photographic or
similar image of the candidate where applicable. Private
money candidates shall include the following statement:
``This candidate has chosen not to participate in the Clean
Money, Clean Elections Act and is receiving campaign
contributions from private sources.''
The section also establishes new reporting requirements for
issue advertisements, including the amount of the
disbursement for an issue advertisement, the name and address
of the person making the disbursement, donors of $5,000 or
more to the person during the calendar year, and the purpose
of the advertisement. An issue advertisement is an
advertisement which is not an independent expenditure or a
contribution, that contains the name or likeness of a Senate
candidate during an election year, and recommends a position
on a political issue.
SECTION 304. LIMIT ON CONGRESSIONAL USE OF THE FRANKING
PRIVILEGE.
The section prohibits franked mass mailings during an
election year by a Senate candidate who holds Congressional
office, except for a notice of public meeting which contains
only the candidate's name, and the date, time and place of
the public meeting.
TITLE IV--SOFT MONEY OF POLITICAL PARTY COMMITTEES
(pp 57-71)
This title prohibits political party soft money and is
taken from S. 25, the McCain-Feingold bill.
SECTION 401. SOFT MONEY OF POLITICAL PARTY COMMITTEE.
The section prohibits national parties from soliciting or
receiving contributions or spending funds not subject to the
Federal Election Campaign Act. It prohibits state, district
or local committees of a political party from spending money
during an election year for activity that might affect the
outcome of a Federal election unless the money is subject to
the FECA. The section establishes certain activities excluded
from the above prohibition, which are legitimate or necessary
activities of the committees.
The section prohibits parties or their committees from
soliciting funds for, or making any donation to, a tax-exempt
organization. It also prohibits candidates and Federal
officeholders from receiving or spending funds not subject to
the FECA.
SECTION 402. STATE PARTY GRASSROOTS FUNDS.
The section allows establishment of state party grassroots
funds solely for the purpose of generic campaign activity,
voter registration, other activities specified in the FECA
and the development and maintenance of voter files. The fund
shall be separate and segregated
SECTION 403. REPORTING REQUIREMENTS.
The section establishes new reporting requirements for
national parties and congressional campaign committees for
all receipts and disbursements.
TITLE V--RESTRUCTURING AND STRENGTHENING OF THE FEDERAL ELECTION
COMMISSION
(pp 71-81)
SECTION 501. APPOINTMENT AND TERMS OF COMMISSIONERS.
The President shall appoint 6 members of the Commission
with the advice and consent of the Senate and 1 member from
among persons recommended by the Commission.
SECTION 502. AUDITS.
The section authorizes random audits and investigations by
the Commission to ensure voluntary compliance with the FECA.
The subjects of such audits and investigations shall be
selected on the basis of impartial criteria established by a
vote of at least 4 members of the Commission.
SECTION 503. AUTHORITY TO SEEK INJUNCTION.
The section authorizes and sets out standards for
initiation by the Commission of a civil action for a
temporary restraining order or preliminary injunction.
SECTION 504. STANDARD FOR INVESTIGATION.
The section grants the Commission greater discretion in
opening an investigation.
SECTION 505. PETITION FOR CERTIORARI.
The section allows petition to the Supreme Court on
certiorari.
SECTION 506. EXPEDITED PROCEDURES.
The section allows the Commission to order expedited
proceedings based on clear and convincing evidence that a
violation of the FECA has occurred, is occurring, or is about
to occur, to avoid harm or prejudice to the interests of the
parties.
SECTION 507. FILING OF REPORTS USING COMPUTERS AND FACSIMILE
MACHINES.
The section instructs the Commission to require the filing
of reports in electronic form in certain cases, and instructs
the Commission to allow the filing of reports by facsimile
machine.
SECTION 508. POWER TO ISSUE SUBPOENA WITHOUT SIGNATURE OF
CHAIRPERSON.
The section allows the Commission to issue a subpoena
without the signature of the chairperson or vice chairperson.
SECTION 509. PROHIBITION OF CONTRIBUTIONS BY INDIVIDUALS NOT
QUALIFIED TO VOTE.
The section prohibits contributions in connection with a
Federal election by an individual who is not qualified to
register to vote in a Federal election, and prohibits
receiving contributions from any such individual.
TITLE VI--EFFECTIVE DATE
(p. 81)
SECTION 601. EFFECTIVE DATE.
The Act would take effect on January 1, 1998.
SENATE CLEAN MONEY--CLEAN ELECTIONS BILL--KERRY, WELLSTONE, GLENN,
BIDEN, LEAHY
------------------------------------------------------------------------
General
Voting age Qualifying election
State population contribution clean money
\1\ threshold amount \3\
----------------------------------------------------\2\-----------------
Alabama....................... 3,197,000 7,993 $1,087,280
Alaska........................ 423,000 1,058 760,000
Arizona....................... 3,278,000 8,195 1,106,720
Arkansas...................... 1,850,000 4,625 764,000
California.................... 23,012,000 57,530 4,400,000
Colorado...................... 2,825,000 7,063 998,000
Connecticut................... 2,476,000 6,190 914,240
Delaware...................... 549,000 1,373 760,000
Florida....................... 10,977,000 27,443 2,515,400
Georgia....................... 5,401,000 13,503 1,400,200
Hawaii........................ 877,000 2,193 760,000
Idaho......................... 841,000 2,103 760,000
Illinois...................... 8,691,000 21,728 2,058,200
Indiana....................... 4,342,000 10,855 1,188,400
Iowa.......................... 2,132,000 5,330 831,680
Kansas........................ 1,885,000 4,713 772,400
Kentucky...................... 2,915,000 7,288 1,019,600
Louisiana..................... 3,117,000 7,793 1,068,080
Maine......................... 944,000 2,360 760,000
Maryland...................... 3,785,000 9,463 1,228,400
Massachusetts................. 4,670,000 11,675 1,254,000
Michigan...................... 7,057,000 17,643 1,731,400
Minnesota..................... 3,411,000 8,528 1,138,640
Mississippi................... 1,960,000 4,900 790,400
Missouri...................... 3,964,000 9,910 1,271,360
Montana....................... 647,000 1,618 760,000
Nebraska...................... 1,210,000 3,025 760,000
Nevada........................ 1,186,000 2,965 760,000
New Hampshire................. 867,000 2,168 760,000
New Jersey.................... 6,001,000 15,003 1,520,200
New Mexico.................... 1,212,000 3,030 760,000
New York...................... 13,644,000 34,110 3,048,800
North Carolina................ 5,489,000 13,723 1,417,800
North Dakota.................. 475,000 1,188 760,000
Ohio.......................... 8,325,000 20,813 1,985,000
Oklahoma...................... 2,420,000 6,050 900,800
Oregon........................ 2,395,000 5,988 894,800
Pennsylvania.................. 9,161,000 22,903 2,152,200
Rhode Island.................. 755,000 1,888 760,000
South Carolina................ 2,761,000 6,903 982,640
South Dakota.................. 528,000 1,320 760,000
Tennessee..................... 3,997,000 9,993 1,279,280
Texas......................... 13,676,000 34,190 3,055,200
Utah.......................... 1,322,000 3,305 760,000
Vermont....................... 442,000 1,105 760,000
Virginia...................... 5,044,000 12,610 1,328,800
Washington.................... 4,096,000 10,240 1,139,200
West Virginia................. 1,404,000 3,510 760,000
Wisconsin..................... 3,817,000 9,543 1,236,080
Wyoming....................... 348,000 1,000 760,000
------------------------------------------------------------------------
\1\ Data certified by the Federal Elections Commission; current through
July 1, 1996.
\2\ Number of $5 qualifying contributions to Senate Election Fund in
candidate's name.
\3\ Clean money amount is also the spending limit for clean money
candidates. Clean money amount for a contested major party primary is
67 percent of the clean money amount for the general election.
Clean Money Amount (CMA) Made Easy
floor and ceiling
The Clean Money Amount (CMA) is never greater than $4.4
million.
The CMA is never less than $760 thousand.
formulas
A. If the Voting Age Population (VAP) is less than 4
million:
$320,000 + VAP (.24) = CMA
B. If the VAP is greater than 4 million:
$320,000 + VAP (.2) = CMA
samples
Minnesota........................... 3,411,000 8,528 $1,138,640
VAP = 3,411,000
$320,000 + 3,411,000 (.24) = $1,138,640
Massachusetts....................... 4,670,000 11,675 $1,254,000
VAP = 4,670,000
$320,000 + 4,670,000 (.2) = $1,254,000
California.......................... 23,012,000 57,530 $4,400,000
Rhode Island........................ 755,000 1,888 $760,000
Mr. WELLSTONE. Mr. President, I join my colleague today, Senator
Kerry, as well as Senators Glenn, Biden, and Leahy, in introducing the
Clean Money Clean Elections Act of 1997.
One of the most important ethical issues of this Congress is the way
in
[[Page S5805]]
which money has come to dominate politics. That is why we are
introducing this legislation to address what has become a systemic
corruption, a corruption which results from the sharp disparity of
power between those who are able to mobilize and invest large amounts
of campaign cash on one hand, and ordinary citizens on the other. Our
proposal would provide sweeping and simple reform. It would sever the
direct connection between big-money special interests and Senate
candidates.
American democracy needs elections, not auctions. But our current
campaign finance system locks most citizens out of participation. Most
citizens don't believe they can be players when it comes to the really
important policy decisions that affect their lives. They don't believe
they have a real voice. They are not even sure that their vote counts
for much.
At the same time, our current system makes sure that big givers and
heavy hitters always have a seat at the table. That is why so many
believe, with reason, that we have a pseudo-democracy, not authentic
democracy. They see the subversion of democracy, the loss of the
principle of one-person, one-vote. They are losing faith in the idea
that Government is supposed to be on their side.
In this system, what's legal is a scandal.
To address this mix of money and politics which is corrupting our
politics, my colleagues and I are proposing an approach to reform
called ``Clean Money, Clean Elections.'' I believe our proposal is
ambitious and innovative. I am sure that it is needed.
Citizens around the country are turning up the heat in a push for
this vision of real reform. Voters in Maine chose this approach to the
finance of election campaigns. And now legislators and the Governor in
Vermont have decided to pursue it. A number of States will be
considering the Clean Money Clean Elections approach during the coming
months. I strongly endorse these actions at the State level. And I hope
that citizens around the country will continue to keep comprehensive
campaign finance reform at the front of the Nation's political agenda.
This Congress needs pressure. It needs a jolt. What it needs is a
counterbalancing pressure to ensure that the voices who believe in
reform are heard above the voices of those who march on Washington
every day--the monied interests who far too often determine what issues
are on the table in American politics, and who far too often shape the
outcomes within that agenda. The American people should turn up the
heat. This is the only way reform will happen.
Reform can happen. When we passed lobby reform and a gift ban during
the last Congress, despite great resistance, it was because Members of
Congress were forced to vote, with the people of America watching. Now,
we plan to take this proposal to the American people--State by State,
townhall by townhall, to build the support needed to enact true reform.
The people are watching. When the time comes to vote, Members of
Congress will need to vote the right way.
We all know that campaigns currently cost far too much money. Our
bill will set a voluntary spending limit on the campaigns of clean
money candidates. The spending limit is based on a formula tied to each
State's voting-age population. We have adopted the McCain-Feingold
bill's formula, except that we subtract 20 percent from the upper
limit. We subtract 20 percent because that is approximately the amount
most candidates now spend to raise money. Under our bill they won't
have to spend that time and money to raise money. In Minnesota, the
clean money amount, which also is the spending limit for a clean money
candidate, will be about $1.14 million for the general election. In a
contested primary, the amount will be about $764,000. That adds up to
a total clean money amount of $1.9 million in Minnesota for a clean
money Senate candidate.
Less than $2 million is enough in Minnesota:
If we also ban soft money to the parties, which this bill does; and
if we close loopholes on independent expenditures and so-called
``issue'' ads which are really election ads, which this bill does.
Our provisions on these items are similar to those in S. 25, the
McCain-Feingold bill, a bill which I am proud to have co-authored. I
continue to support that bill.
But we really need to go further. The Clean Money Clean Elections Act
does so. It takes special-interest money out of campaigns. It gives the
country's electoral system back to the people.
Americans know that the current campaign finance system works for the
monied special interests, not for them. They're paying too much now for
our elections. Too much in special favors, whether it's tax breaks for
huge companies, tobacco politics that threaten the health of children,
unneeded spending, and misdirected national policy. These result in the
systemic corruption that is enshrined in our present system of
financing campaigns. That's why we need to change it.
We need to take the special interest money out, and replace it with
Clean Money Campaigns. Clean Money Campaigns would:
Level the playing field for non-incumbents, including those who are
not major party candidates; allow candidates to focus on seeking office
and serving the public once in office, rather than spending an
inordinate amount of time raising money; and utilize free media time to
allow candidates to get their message out.
Candidates who meet our bill's rigorous standard for showing serious
public support will receive full public financing in contested primary
and general elections. They will receive the full amount of the
spending limit for their State. In Minnesota, to qualify as a clean
money candidate, a major-party candidate would have to gather about
8,500 signatures, each accompanied by a $5 check to the Senate Election
Fund. That is a tough standard of seriousness, but it is realistic. A
candidate who is not seeking the nomination of, or who has not received
the nomination of, a major party can also receive clean money financing
for his or her campaign. That candidate must gather 150 percent of the
qualifying contributions that a major party candidate needs to gather
in the same State. Again, it requires that a candidate demonstrate
genuinely broad support, but it is an achievable threshold.
The American people can no longer afford what has been called ``The
Best Congress Money Can Buy.'' That is why we have to take special-
interest money out of campaigns. The roughly $160 million of annual
cost of Senate elections under our proposal can be easily offset with
reductions in current corporate welfare or other unneeded expenditures.
Are Americans willing to fight for and put in the budget clean
elections that really belong to them--that belong to the people? I
believe they are. So do the many groups endorsing our bill: Public
Campaign, Public Citizen, League of Women Voters, Citizen Action,
USPIRG, National Council of Churches of Christ in the USA, United
Church of Christ, Office for Church and Society. Still other
organizations support our approach, even if they do not endorse
specific pieces of legislation.
Mr. President, the Senate needs to consider comprehensive campaign
finance reform soon--before we leave this summer. This bill shows us
the direction to go. It is workable, and it is needed. I urge my
colleagues who have not yet read the bill to consider cosponsoring it.
I am hopeful that this bill and a similar proposal to be introduced
during the coming weeks in the House of Representatives will contribute
to real momentum for genuine reform during this Congress.
Mr. President, let me say that I am pleased to introduce this bill
today with my colleagues, Senators Kerry, Glenn, Biden, and Leahy. And
I am confident there will be other Senators in the future who support
this approach to reform.
There are other worthy and important efforts going on here, the
McCain-Feingold bill being one of them, to try to reduce the amount of
money that is flowing in and affecting the politics of our country. I
personally think, and I think the majority of people in this country
agree, that this is a core issue, a core problem. Many things which
could happen here don't happen because they get trumped by money, big
money in politics.
The ethical issue of our time is the way money has come to dominate
politics. If you believe each person should
[[Page S5806]]
count as one, and no more than one, which is the standard of
representative democracy, that is a harsh verdict.
I do think we have corruption, but I don't like bashing colleagues. I
am not talking about individual colleagues. The vast majority of
Senators and Representatives with whom I serve--Democrats and
Republicans alike--believe in public service and do their very best to
serve people. Still, there is a systemic corruption. We have such a
huge imbalance between those people at the top who have economic
resources and access to power and the vast majority of people who just
feel locked out.
Mr. President, I have a friend--Jim Hightower, who used to be
Agriculture Commissioner in Texas. He has a wonderful way of putting
things. Jim Hightower says you don't have to be who's who to know
what's what. The what's what is that a lot of people in the country
think there has been a hostile takeover of our electoral and Government
processes by big money interests. Many people don't feel a part of this
system any longer. When that is the case, there is not anything more
important that can be done than to pass a reform bill.
The goals of the clean money/clean elections bill are simple:
dramatically reduce the amount of money that is spent, get the
interested dollars and private money out, have a level playing field,
try to eliminate, or come as possible to eliminating special interest
access, have real elections as opposed to auctions, don't have Senators
spending so much of their time raising money, instead they should be
trying to be good legislators. I think people want to turn this system,
which they think is a rotten system, not upside down, it is upside down
now, but right side up.
What our bill does, with agreed-upon spending limits, so candidates
don't have to go out and raise all the private money, is we break the
link between private money and our votes and work as legislators. Under
our bill, the money is no longer interested money. We dramatically
reduce spending by setting voluntary limits, then campaign spending by
clean money candidates comes from this Senate election fund. We tighten
the definition when it comes to independent expenditures. And we do the
same for issue advocacy ads, some of which are barely disguised
campaign ads. Our bill includes free broadcast time. If you really want
to have a system where the vast majority of the people feel like they
can be a part of it, we are going to have to take this journey.
Mr. President, two final points. If we can pass McCain-Feingold, that
moves our country forward, that would be an important step. But this
piece of legislation, which won't pass immediately, has a lot of energy
behind it, too. We introduce it as part of the debate, as part of the
energy behind reform. I have met with the people who were involved in
the Maine effort, and they passed a clean effort option. I met with
legislators and a lot of people in Vermont, and they are going to pass
it. I met with people in the Midwest. There is a lot of energy in the
Midwest and New England. It may be States which pass this kind of
reform at first. You are going to see a lot of pressure on people here
from the grassroots.
We need to have a galvanized public. We are going to have to have an
external jolt to this Congress to pass a reform bill, but there is no
more important thing that we can do than to pass such a reform bill.
This clean money/clean elections bill would represent an enormous step
forward for our country, toward real elections as opposed to auctions,
toward authentic democracy as opposed to pseudo democracy, toward a
Government of, by and for the people, not of, by and for those who have
the wealth and economic resources.
I think people in this country yearn for a political process they can
believe in. They yearn for reform, and I don't agree with one person
who says, ``Look, people don't seem to care that much.'' People care
deeply, they care desperately, they care about issues that affect
themselves and their families. They have hopes for themselves and their
families and their communities, but right now I think most people
believe that they there is not a heck of a lot they can do on the
issues that are most important to them, because our political process
has essentially been dominated by big money, not people's needs.
Mr. President, we have given people entirely too much justification
for that point of view. We have to make some big changes. Some of us
are going to be fighting hard on the floor for reform. I think there
will be plenty of pressure building around the country. It will be a
tough fight, but I cannot think of a more important fight as a Senator
from Minnesota.
I yield the floor.
Mr BIDEN. Mr. President, the single most significant thing we can do
in Congress today is to reform the way we fund political campaigns in
this country. I have been saying it for 24 years now, and while some
things are better than they used to be--large amounts of cash are no
longer being passed under the table in brown paper bags--many things
are worse--large checks are being passed over the table, or in the
Chamber of the House of Representatives, in the clear light of day.
But, regardless of what's better and what's worse, the fundamental
problem, in my view, remains.
That problem will not be fixed by tinkering at the edges, or making a
small reform here and a small reform there--because the fundamental
problem is not a flaw in the system's construction. The fundamental
problem is the system itself--a system where the amount of private
money is out of control and is not susceptible to be controlled in the
public interest. Until we get private money completely out of the
system, we will not completely reform the system.
That is why, Mr. President, I have been pushing for public funding of
congressional campaigns for my entire career, and that is why I am
pleased today to join several of my colleagues in introducing the Clean
Money, Clean Elections Act.
When I first came to the United States Senate, 24 years ago, in
speeches on this floor and in testimony before the Rules Committee, I
outlined three principles of a better system. All three are contained
in this important proposal.
First and foremost, we must have a system of public funding. Let me
explain why that is so crucial. When they asked Willy Sutton why he
robbed banks, he said that was where the money was. Politicians do not
rob banks, but they, like Willy Sutton, must go where the money is. You
will not get very far in this business by asking for contributions from
people who do not have money. So, inevitably, people running for office
find themselves on the doorsteps of the wealthy and the special
interests. Or, they are wealthy enough to fund their own campaigns.
The result is that other old saying--he who pays the piper calls the
tune. Those who pay the bills ultimately, when you get right down to
it, are the ones who decide who runs for office. And, they are the
ones, at least in the mind of the public, to whom elected officials are
beholden.
No matter what other reforms you enact, unless you get private money
out of the system, that is the way it will continue. I submit that it
would be better to let the American people decide--on the merits--who
runs for office. And, I submit that it would be far better for America
to make sure that elected officials are beholden to no one but the
people who elected them.
Second, we need to level the playing field between incumbents and
challengers. I have, Mr. President, been both an incumbent and a
challenger. And, I can tell you that being an incumbent has its
disadvantages. But, the biggest advantage of incumbency is in the money
chase. It is such an advantage that if I were looking out only for my
own self-interest, I would not support this proposal. I do pretty well
in raising money, and the thought that my opponent would have the same
amount of money as I do is not exactly an appealing notion.
But, there is something much bigger at stake here than my own
electoral future. What is at stake is nothing less than a healthy,
vibrant democracy. What is at stake is whether election to office will
be based on the merits of the individuals, not on who is the best
fundraiser.
Third, we need to limit the overall amount of money that can be spent
in political campaigns. Back in 1976, all candidates for all
congressional races--Senate and House--spent $99 million in
[[Page S5807]]
the general election. In 1996, all candidates for Congress in the
general election spent over $626 million--more than six times as much.
In just the last 4 years, the total amount of money given to political
parties has increased 73 percent--in just the last 4 years.
Unfortunately, the Supreme Court has ruled--in what is, in my view, a
wrong decision, but one that we are bound by--that spending money is
the same thing as speech. Thus, Congress cannot limit spending in
political campaigns, unless a candidate is offered some benefit in
return for voluntarily agreeing to a spending limit.
Enter the ``Clean Money, Clean Elections Act.'' This significant
proposal that we are introducing today would, as I said a moment ago,
meet the three principles I just outlined. It would limit spending in
campaigns--in a constitutional way--by providing public funding and
free media time to candidates who agreed to abide by those limits. And,
it would be full public funding for both challengers and incumbents--so
that private money is eliminated from the system and so that both
challengers and incumbents are on the same level playing field.
I am not so naive, Mr. President, to believe this bill is going to
pass today--or even without a fight. I have been down this road too
many times before. Too many special interests have too many vested
interests in the status quo. But, if we are to reverse the tide of
cynicism and mistrust that surrounds political campaigns--and even our
institutions of government--then we must change the system so that the
only interests we are all concerned about are the interests of the
American people.
Mr. GLENN. Mr. President, I appreciate the opportunity today to
support my colleagues, Senators Kerry and Wellstone, in cosponsoring
this much needed reform of our campaign finance system. I believe that
simple principles should be applied in our democracy. We should
encourage the active participation of the greatest possible number of
citizens and restrain the undue influence of narrow and divisive
factions and special interests.
I believe that our democracy must be built on common rather than
special interests and that our elections should depend upon common
sense rather than dollars and cents. Only through an open and fair
election system can we guarantee that our democracy will be open and
fair. Only then can the notion of consent of the governed have any true
meaning.
I believe that many of the statements made here today underscore the
need to reform our current system. I have been working with Senators
Kerry and Wellstone to provide a workable alternative that will go a
long way toward bringing long overdue improvements to our electoral
process.
Let's face facts. Our current system of paying the bills for American
elections is awash in money, largely unregulated and often unreported.
The improvements made a generation ago to provide partial public
financing for presidential campaigns and contribution and spending
limits for all federal elections have been eroded and are now
overwhelmed by Supreme Court decisions, overly partisan competition for
money, increased costs of advertising and special interest
contributions. Nothing undermines the legitimacy and integrity of our
elections more than the belief that special interests have special
privileges.
Many American voters believe that campaigns are too expensive, that
special interests wield too much influence, while the average voter has
too little, and that elected officials spend too much time raising
money and not enough time solving the Nation's problems.
The McCain-Feingold proposal to provide voluntary campaign spending
limits is supported by a number of Senators and I am pleased to be a
cosponsor. However, even with the much needed improvements in that
legislation, I believe that the only way to eliminate any doubt about
who influences elections is to provide financing underwritten by the
American people.
The Clean Money, Clean Elections Act built upon the plan proposed in
Maine would limit campaign spending, prohibit special interest
contributions to candidates, eliminate fund raising efforts, provide
equal funding and a level playing field for all candidates, and end
many of the loopholes that have wrecked our current system.
Let's end this current abuse and establish a system that leaves no
doubt that only the clean money of the American people pays for
American elections.
Building on that Maine ballot initiative, nearly 20 States are now
reviewing how they can improve their elections. Federal legislation is
needed to bring these reforms to Federal elections and we propose to
bring those improvements into the congressional debate on campaign
finance reform.
This proposal will provide:
The most comprehensive reform of all the proposals
currently under consideration; the lowest spending limits:
the most free time and discounted media; the strictest limits
on special interest money and influence; the most competitive
election financing; an end to the money chase and dialing for
dollars.
As the Nation's attention turns to the campaign finance investigation
in the Senate Governmental Affairs Committee, I want everyone to
understand that highlighting these issues will be of little use if
action is not taken. Certainly, the investigation should be conducted
in a full and fair manner. But at the end of day, I believe that we owe
it to ourselves as a people to end our current campaign finance system
and bring true reform.
I am pleased to join my colleagues who are long time advocates of
serious campaign finance reform and look forward to working together to
enact this important legislation.
______
By Mr. KOHL (for himself and Mr. Brownback):
S. 919. A bill to establish the Independent Bipartisan Commission on
Campaign Finance Reform to recommend reforms in the law relating to
elections for Federal office; to the Committee on Rules and
Administration.
THE INDEPENDENT BIPARTISAN COMMISSION ON CAMPAIGN FINANCE REFORM ACT
Mr. KOHL. Mr. President, I rise today to introduce legislation to
address the serious problem within our campaign finance system. I have
made similar remarks earlier this year, so I will not belabor the
problems again.
The American public is demanding that Congress reform our campaign
finance system, and many doubt whether we are ready or even able to
meet that demand. I am support S. 25, introduced by Senators McCain and
Feingold. This bipartisan legislation is the best bill moving through
the Congress to reform our campaign system. However, there are signs
that Congress may not pass this legislation.
Therefore, if, and only if S. 25 is not passed, I think the 105th
Congress must put in place a process for reforming the campaign finance
system. The legislation I introduce today for myself and Mr. Brownback
of Kansas would establish an independent, bipartisan commission to
reform our campaign finance laws. Earlier this year I introduced
similar legislation, also as a fall-back measure if S. 25 is not
passed.
This measure, like the bill I introduced earlier this year,
establishes a commission similar to the Base Closure and Realignment
Commission. The Commission would have a limited time to make
recommendations, Congress would be forced to vote up or down on their
proposals, and would not have the power to amend the legislation.
Mr. President, I sincerely hope that Congress does not have to turn
over this matter to an independent commission. But, if we do not pass
meaningful campaign finance reform this year, I believe it is the next
best alternative. And, if we do create a campaign finance reform
commission, it must be a real commission, with real powers, and not
another advisory committee.
Congress has created many panels in the past to make recommendations
about reforming campaign finance laws. But, for reform to genuinely
take place, we must empower the Commission with the ability to create a
package of reforms that Congress cannot change. Like the successful
Base Closure and Realignment Commission, Congress should have only the
power to vote up or down on the recommendations.
Mr. President, we should not allow another Congress to come and go
without passing meaningful campaign finance reform. Let this be the
year that Congress responds to cry from the grassroots and restore
America's faith in our election system.
[[Page S5808]]
Mr. BROWNBACK. Mr. President, I am proud today to be offering a
bipartisan proposal for campaign finance reform with my distinguished
colleague, the senior Senator from Wisconsin, Herb Kohl.
Mr. President, those of us who have spent the balance of our
congressional careers working to build public trust in the political
system know of the difficulties in offering constructive alternatives.
Any legislation which fundamentally alters the way public officials
seek election is bound to attract their attention and intense
scrutiny--as it should.
Mr. President, Senator Kohl and I believe this proposal offers a
hopeful avenue for progress. Recognizing that any reform effort must be
bipartisan to succeed, the legislation we are offering establishes a
fair and independent process to bring this issue to the floor of the
Congress for consideration. Without prejudging any outcomes, this bill
would help to break the logjam which threatens to prevent even
meaningful consideration of alternatives for reform.
Mr. President, Senator Kohl and I do not claim to have all the
answers, but we believe that through this vehicle, we can take the next
step in accomplishing substantial progress on this important matter.
______
By Mr. WYDEN:
S. 920. A bill to require the Secretary of Health and Human Services
to issue an annual report card on the performance of the States in
protecting children placed for adoption in foster care, or with a
guardian, and for other purposes; to the Committee on Labor and Human
Resources.
THE ADOPTION REPORT CARD ACT OF 1997
Mr. WYDEN. Mr. President, I rise today to introduce the Adoption
Report Card Act of 1997 to redress the poor quality of national data on
adoption and foster care.
According to the American Public Welfare Association, the population
of children in foster care is growing 33 times faster than the United
States child population in general. During the past 10 years, more
children have entered the foster care system than have exited. Every
year, 15,000 children graduate from foster care by turning 18 with no
permanent family. According to the American Civil Liberties Union, 40
percent of all foster children leaving the system end up on welfare.
In addition to the 50,000 children who today are legally free to be
adopted, there are hundreds of thousands more who drift for days,
months, or years within the state-run system--a system that too often
lets down some of society's most vulnerable--our children.
I have already introduced legislation to promote kinship care as one
solution to this problem. However, more still needs to be done. Part of
the problem is we simply don't have any data on where children are in
the system. No one knows how long our children are languishing in the
foster care system, or how long it takes a State to find adoptive
placements for children. Finding comprehensive data for each State is a
challenge and, until recently, the Department of Health and Human
Services [HHS] did not collect comprehensive national data on adoption
from every State.
The legislation I offer in the Senate today will require HHS to issue
an annual report card on the performance of each State in protecting
children placed for adoption, in foster care or with a guardian.
My bill will require HHS to develop outcome measures, a rating system
for each State and make recommendations on how States can improve their
efforts to move children from foster care to loving families.
It is high time we started holding those responsible for children in
foster care accountable for the treatment of these children. I believe
an annual report card will give us the information we need to improve
the care and quality of life for these children.
I ask unanimous consent that my statement and a copy 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. 920
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 ``Adoption Report Card Act of
1997''.
SEC. 2. ANNUAL REPORT CARD ON STATE PERFORMANCE IN PROTECTING
CHILDREN.
(a) In General.--Part E of title IV of the Social Security
Act (42 U.S.C. 670 et seq.) is amended by adding at the end
the following:
``SEC. 479A. ANNUAL REPORT CARD.
``(a) In General.--The Secretary shall issue an annual
report card containing ratings of the performance of each
State in protecting children who are placed for adoption, in
foster care, or with a guardian, in the State. The report
card shall include ratings on outcome measures for categories
related to the family conditions of the children.
``(b) Outcome Measures.--
``(1) In general.--The Secretary shall develop, after
consulting with child advocacy organizations, a set of
outcome measures to be used in preparing the report card.
``(2) Categories.--In developing the outcome measures, the
Secretary shall develop measures for categories relating to--
``(A) the number of placements for adoption, in foster
care, or with a guardian;
``(B) the number of children who leave foster care at the
age of majority without having been adopted or placed with a
guardian;
``(C) the median and mean length of stay in foster care;
``(D) the median and mean length of time between the
availability of a child for adoption and the adoption of the
child;
``(E) the median and mean length of time between the
beginning of foster care for a child and the finalization of
a placement plan for the child by the agency involved;
``(F) the number of children in foster care, specifying, in
the case of a child in foster care who is a child with
special needs, each factor or condition that makes the child
a child with special needs (including the age and ethnicity
of the child), as determined by the State in accordance with
section 473(c);
``(G) the average annual costs for a child in foster care,
and costs for any alternative living arrangements for a child
who would otherwise be in foster care and how there costs are
allocated;
``(H) the median and average length of time required to
terminate parental rights for a child after the child enters
foster care;
``(I) the number of parents whose parental rights have been
terminated;
``(J) the number of children that are affected due to the
termination of parental rights;
``(K) the median and average length of time required to
place a child for adoption once parental rights are
terminated for the child;
``(L) the average number of times a child is placed in
foster care before the child is permanently adopted and the
number of placements the child experiences; and
``(M) the number of deaths of children in foster care, and
substantiated cases of abuse or neglect among children in
foster care.
``(3) Measures.--In developing the outcome measures, the
Secretary shall use measures from the Adoption and Foster
Care Analysis and Reporting System established under section
479 to the maximum extent possible.
``(c) Rating System.--The Secretary shall develop a system
(including using State census data and poverty rates) to rate
the performance of each State based on the outcome measures.
``(d) Information.--In order to receive funds under this
part, a State shall annually provide to the Secretary such
adoption, foster care, and guardianship information as the
Secretary may determine to be necessary to issue the report
card for the State.
``(e) Preparation and Issuance.--On October 1, 1998, and
annually thereafter, the Secretary shall prepare, submit to
Congress, and issue to the States the report card described
in subsection (a). Each report card shall rate the
performance of a State on each outcome measure developed
under subsection (b), include an explanation of the rating
system developed under subsection (c) and the way in which
scores are determined under the rating system, analyze high
and low performances for the State, and make recommendations
to the State for improvement.''.
(b) Conforming Amendments.--Section 471(a) of the Social
Security Act (42 U.S.C. 671(a)) is amended--
(1) by striking ``and'' at the end of paragraph (17);
(2) by striking the period at the end of paragraph (18) (as
added by section 1808(a) of the Small Business Job Protection
Act of 1996 (Public Law 104-188; 110 Stat. 1903)) and
inserting ``; and'';
(3) by redesignating paragraph (18) (as added by section
505(3) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (Public Law 104-193; 110 Stat.
2278)) as paragraph (19); and
(4) by adding at the end the following:
``(20) provides that the State shall annually provide to
the Secretary the information required under section 479A.''.
By Mr. COVERDELL (for himself, Mr. Dodd and Mr. DeWine):
S. 921. A bill to immunize donations made in the form of charitable
gift annuities and charitable remainder trusts from the anti-trust laws
and State laws similar to the antitrust laws; to the Committee on
Banking, Housing, and Urban Affairs.
[[Page S5809]]
the charitable donation antitrust immunity act
Mr. COVERDELL. Mr. President, today I rise to introduce legislation
that is critical to our Nation's charities, the Charitable Donation
Antitrust Immunity Act of 1997. This legislation is designed to make
minor modifications to a bill that was passed by Congress in 1995 with
unprecedented bipartisan support. The House passed the bill on a
rollcall vote of 427 to 0, and the Senate immediately passed the
measure by unanimous consent. I am hopeful that we can move this bill
as quickly.
The Charitable Gift Annuity Antitrust Relief Act of 1995 was enacted
in response to a lawsuit that threatened, and still threatens, the
financial well being of thousands of charities. The 1995 act exempts
charities from the antitrust laws which use the same annuity rate for
the purpose of issuing charitable gift annuities. For more than 100
years, the issuance of gift annuities by thousands of charities across
the country has played a major role in raising billions of dollars for
our nation's charities. The 1995 act ensures that the billions of
dollars donated to charities is spent serving their constituencies, not
on defending lawsuits.
The legislation I am introducing today amends the Charitable Gift
Annuity Antitrust Relief Act of 1995 to address technical issues raised
by the Fifth Circuit Court of Appeals. The court recently ruled that
charities are not protected by the act if lawyers or other for-profit
entities administer or assist with the charities' gift annuities. This
legislation clarifies the 1995 act by replacing the current antitrust
exemption for charities issuing gift annuities with antitrust immunity
for charitable gift annuities. Charities have spent more than $20
million defending themselves from a single lawsuit. This clarification
is critical in order to protect our Nation's charities from spending
millions of dollars more on litigation instead of charitable purposes.
Mr. President, the antitrust laws are intended to protect investors,
not to frustrate gifts to charities. Faced with a continuing expensive
lawsuit against Americans charities, and the threat of many more
lawsuits to follow, Congress must make this technical change in the
1995 law to fulfill its original intent. Without this legislation,
charitable organizations will lose a much needed and useful tool for
raising funds precisely at a time when we must encourage this type of
gift giving.
I urge my colleagues to support this legislation.
Mr. DODD. Mr. President, I rise to join with Senator Coverdell in
introducing the Charitable Donation Antitrust Immunity Act. The bill
would strengthen the Charitable Gift Annuity Antitrust Relief Act,
which enjoyed broad bipartisan support when it passed the Congress in
1995.
Every day across this country, charitable organizations help build
better lives for millions of Americans. They are on the front lines in
the effort to provide food, clothing, shelter, medicine, and
educational support to less fortunate individuals. Their efforts help
prevent our social fabric from fraying.
Over the years, charities have used gift annuities as a means of
making it easier for people to donate money. Generally, these
transactions work as follows: a person donates money or some other
asset to a charity and receives a tax deduction. The charity then
invests the money and makes fixed, periodic payments to the donor. When
the donor dies, the remainder of the gift goes to the charity. These
arrangements help both donors and charities, and it was never the
intent of Congress to unduly restrict their use.
Regrettably, the benevolent endeavors of charities have been
jeopardized by a lawsuit, Ozee and Richie versus The American Council
on Gift Annuities. The lawsuit alleges that the use of annuity rates
published by the Council constitutes price fixing, and thus a violation
of the antitrust laws. The suit also alleges violations of securities
and insurance laws. The plaintiffs ask that money donated to charities
through charitable gift annuities be returned, along with additional
damages. I have heard from a broad spectrum of charitable organizations
in Connecticut and across the country who say that this lawsuit is
undermining their ability to raise funds and continue their work.
In order to save our Nation's charities millions of dollars in legal
fees, and to preserve a critically important fundraising tool for
charities, I joined with Senator Hutchison and introduced the
Charitable Gift Annuity Antitrust Relief Act of 1995. With the help of
many of my colleagues in both the House and Senate, we passed that
measure quickly. The intent of the legislation was to exempt the use of
charitable gift annuities from antitrust laws. Regrettably, the U.S.
Court of Appeals for the Fifth Circuit did not interpret the
legislation in this manner and the lawsuit continues.
Consequently, we now need to make a few technical changes to clarify
the intent of the law. Although these changes would put an end to the
litigation and ensure that charities can continue to do their good
work, they will not make it easier for charities to commit fraud. The
legislation would not change the antifraud provisions in Federal
securities law or affect Federal tax laws relating to fraud. People
could still bring appropriate lawsuits against cheats or swindlers
attempting to disguise themselves as charities, or charities acting
fraudulently.
Mr. President, charitable organizations work hard every day to help
fill some of the gaps in the American safety net. We must support their
efforts. The Charitable Donation Antitrust Immunity Act will help. I
applaud Senator Coverdell's work on this legislation, and I urge all of
my Senate colleagues to help move it forward expeditiously.
______
By Mr. LAUTENBERG:
S. 922. A bill to require the Secretary of the Treasury, acting
through the Director of the Bureau of Alcohol, Tobacco and Firearms, to
issue minimum safety and security standards for dealers of firearms; to
the Committee on the Judiciary.
GUN SHOP SAFETY ACT OF 1997
Mr. LAUTENBERG. Mr. President, today I am introducing legislation,
the Gun Shop Safety Act of 1997, to require the Bureau of Alcohol,
Tobacco and Firearms to issue minimum safety and security standards for
federally licensed firearms dealers.
Mr. President, incredible as it may seem, there are no Federal
minimum standards for security of premises and merchandise at gun
shops. In fact, a gun dealer must meet only minimal qualifications to
obtain a gun dealers' license. An applicant need only be 21 years of
age, not be prohibited by law from possessing or transporting firearms,
and maintain a business premises in compliance with any State law. Once
a dealer gets a license, the only Federal requirements are that dealers
keep accurate records of purchases and sales, and have the books
available for yearly inspection by the ATF. Basically, that is it. No
safety or security requirements, no safety inspections.
This is simply not good enough. Guns are being stolen from licensed
gun dealers at an alarming rate. These guns pose an increasingly
significant public safety problem. Clearly, by definition stolen guns
are available to criminals. In fact, studies have found that between 10
and 32 percent of guns used in the commission of a crime are obtained
as a direct result of theft, while an approximately equal number of
guns used during a criminal act were stolen before being used in a
crime.
Mr. President, stolen guns from gun shops are a significant source of
guns used in violent street crimes. For example, everywhere we see the
growing problem of the so-called ``smash and grab'' burglaries from
retail gun outlets, where thieves either drive through or otherwise
smash the windows of gun shops and steal large quantities of firearms
in a matter of minutes.
During the 1992 Los Angeles riots, 19 gun stores were looted and
robbed of about 4,000 guns. One pawnshop lost 970 guns, while another
outlet was robbed of 1,150 guns. An ATF report reveals that these guns
continue to be recovered on the street.
Mr. President, guns are not stolen from licensed gun dealers only
during a riot. Recently, it has been reported that thieves stole 75
firearms from a store in Washington State after killing the owner, and
then sold about 40 of the stolen guns on the streets of Seattle that
night.
In my own State of New Jersey, we also recently witnessed a sickening
[[Page S5810]]
murder committed with a gun stolen from a gun shop. This past April,
24-year-old Jeremy Giordano and 24-year-old Georgio Gallara of Sussex
County, NJ were shot down in cold blood by two young thugs. No robbery
was involved, no motive discovered, just murder for the sake of murder.
And these killings were only possible because the murderers were able
to steal two high-powered handguns from a local shop. They simply
smashed the store's front window and smashed the locked glass display
case where the guns were stored overnight. The theft was over in a few
brief minutes, the criminals long gone by the time the police arrived
at the gun shop.
Mr. President, there must be a better way. It is time that our laws
recognize that guns are not ordinary merchandise--they are deadly
weapons. It is just common sense that criminals should be denied easy
access to an arsenal of weapons.
Mr. President, this country is already awash in a sea of gun
violence. Every 2 minutes, someone in the United States is shot. Every
14 minutes, someone dies from a gunshot wound. In 1994 alone, over
15,000 people in our country were killed by handguns. Compare that to
countries like Canada, where 90 people were killed by handguns that
year, or Great Britain, which had 68 handgun fatalities.
Mr. President, the Federal Centers for Disease Control and Prevention
estimate that by the year 2003, gunfire will have surpassed auto
accidents as the leading cause of injury-related deaths in the United
States. In fact, this is already the case in seven States.
Mr. President, given the severity of our Nation's gun violence
problem, we need to find new ways to reduce the number of guns on our
streets. Although we cannot totally end gun theft, there is much we can
and should do. We can prevent predators from getting guns so freely and
frequently through theft.
So, Mr. President, this bill will require the ATF to use its
expertise to craft reasonable and needed regulations to ensure that gun
shops better secure the weapons and ammunition they sell from theft.
I hope this proposal will receive strong, bipartisan support, even
from those hostile to any gun-related legislation. This bill will help
keep guns out of the hands of criminals. This is a goal I believe all
of us share. And this legislation is the least we can do.
I hope my colleagues will support the bill, and ask unanimous consent
that a copy of the legislation be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 922
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 ``Gun Shop Safety Act of
1997''.
SEC. 2. FINDINGS.
Congress finds that--
(1) crimes committed with firearms threaten the peace and
domestic tranquility of the United States and reduce the
security and general welfare of the Nation and its people;
(2) crimes committed with firearms impose a substantial
burden on interstate commerce and lead to a reduction in
productivity and profitability for business around the Nation
whose workers, suppliers, and customers are adversely
affected by gun violence;
(3) all stolen firearms are available to criminals by
definition;
(4) licensed gun dealers have reported nearly 30,000
firearms stolen from their shops since 1994, when a Federal
law was enacted requiring the reporting of such thefts;
(5) between 10 and 32 percent of firearms used in the
commission of a crime are obtained directly through theft,
while an approximately equal number of firearms used in the
commission of a crime have been stolen at some point before
ultimately being used in the commission a crime; and
(6) all Americans have a right to be protected from crime
and violence from stolen firearms, regardless of their State
of residence.
SEC. 3. MINIMUM SAFETY AND SECURITY STANDARDS FOR GUN SHOPS.
(a) In General.--Section 923 of title 18, United States
Code, is amended by adding at the end the following:
``(m) Safety and Security Standards for Gun Shops.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Gun Shop Safety Act of 1997, the Secretary
of the Treasury, acting through the Director of the Bureau of
Alcohol, Tobacco, and Firearms, shall issue final regulations
that establish minimum firearm safety and security standards
that shall apply to dealers who are issued a license under
this section.
``(2) Minimum standards.--The regulations issued under this
subsection shall include minimum safety and security
standards for--
``(A) a place of business in which a dealer covered by the
regulations conducts business or stores firearms;
``(B) windows, the front door, storage rooms, containers,
alarms, and other items of a place of business referred to in
subparagraph (A) that the Secretary of the Treasury, acting
through the Director of the Bureau of Alcohol, Tobacco and
Firearms, determines to be appropriate; and
``(C) the storage and handling of the firearms contained in
a place of business referred to in subparagraph (A).''.
(b) Inspections.--Section 923(g)(1) of title 18, United
States Code, is amended--
(1) in subparagraph (A)--
(A) in clause (i), by striking ``, and'' and inserting a
semicolon;
(B) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(iii) with respect the place of business of a licensed
dealer, the safety and security measures taken by the dealer
to ensure compliance with the regulations issued under
subsection (m).''; and
(2) in subparagraph (B)--
(A) in the matter preceding clause (i), by inserting ``and
the place of business of a licensed dealer'' after ``licensed
dealer'';
(B) in clause (ii), by striking ``or'' at the end;
(C) in clause (iii), by striking the period at the end and
inserting ``; or''; and
(D) by adding at the end the following:
``(iv) not more than once during any 12-month period, for
ensuring compliance by a licensed dealer with the regulations
issued under subsection (m).''.
(c) Penalties.--Section 924(a)(1) of title 18, United
States Code, is amended--
(1) in subparagraph (C), by striking ``or'' at the end;
(2) by redesignating subparagraph (D) as subparagraph (E);
and
(3) by inserting after subparagraph (C) the following:
``(D) being a licensed dealer, knowingly fails to comply
with any applicable regulation issued under section 923(m);
and''.
______
By Mr. SPECTER:
S. 923. A bill to deny veterans benefits to persons convicted of
Federal capital offenses; to the Committee on Veterans' Affairs.
veterans' benefits denial legislation
Mr. SPECTER. Mr. President, in the Veterans' Affairs Committee, which
I chair, we have been considering the situation of Mr. Timothy McVeigh,
who has certain entitlements as a veteran. Curiously, the committee has
concluded that a conviction for murder in the first degree does not
significantly affect Mr. McVeigh's entitlements or benefits as a
veteran.
Veterans who are convicted of certain criminal offenses forfeit their
benefits. Those offenses, however, are limited to convictions for
mutiny and aiding the enemy; spying; certain national security crimes,
such as treason, sabotage, disclosing classified or defense
information, interfering with the Armed Forces during a time of war,
communications of classified information by a Government employee to an
agent of a foreign government; and certain nuclear material crimes,
such as the unauthorized possession or transfer of nuclear material or
receipt and communication of restricted data.
Surprisingly, my staff on the Veterans' Affairs Committee has
concluded that Mr. Timothy McVeigh would be entitled to veterans
benefits, notwithstanding his conviction on 11 counts including the
murder of some 168 people in the Oklahoma City bombing of the Federal
building. He remains eligible for such benefits, including burial
benefits, since he was not convicted of any of the crimes I just
listed.
Because of that, I now introduce legislation which would deny veteran
benefits to any person who is convicted of a State or Federal capital
offense. The specific provision would be:
Notwithstanding any other provision of law, a person who is
convicted of a Federal or State capital offense is ineligible
for benefits provided to veterans of the Armed Forces of the
United States pursuant to title 38, United States Code.
This bill would prevent Mr. McVeigh from having any veterans benefits
in light of his conviction on 11 counts, including murder in the first
degree. I send this bill to the desk and ask that it be filed with the
appropriate authority.
______
By Mr. THURMOND:
S. 924. An original bill to authorize appropriations for fiscal year
1998 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year
[[Page S5811]]
for the Armed Forces, and for other purposes; from the Committee on
Armed Services; placed on the calendar.
the national defense authorization act for fiscal year 1998
Mr. THURMOND. Mr. President, I am pleased to report out from the
Committee on Armed Services an original bill, the national defense
authorization bill for fiscal year 1998.
The members of the Committee on Armed Services have put a great deal
of work into this bill, which continues the long bipartisan tradition
of the Senate in dealing with the vital issues of the Nation's
security.
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. 924
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 1998''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) Divisions.--This Act is organized into three divisions
as follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Reserve components.
Sec. 106. Defense Inspector General.
Sec. 107. Chemical Demilitarization Program.
Sec. 108. Defense health programs.
Sec. 109. Defense Export Loan Guarantee Program.
Subtitle B--Army Programs
Sec. 111. Army helicopter modernization plan.
Sec. 112. Multiyear procurement authority for AH-64D Longbow Apache
fire control radar.
Subtitle C--Navy Programs
Sec. 121. New attack submarine program.
Sec. 122. Nuclear aircraft carrier program.
Sec. 123. Exception to cost limitation for Seawolf submarine program.
Sec. 124. Airborne self-protection jammer program.
Subtitle D--Air Force Programs
Sec. 131. B-2 bomber aircraft program.
Subtitle E--Other Matters
Sec. 141. Prohibition on use of funds for acquisition or alteration of
private drydocks.
Sec. 142. Replacement of engines on aircraft derived from Boeing 707
aircraft.
Sec. 143. Exception to requirement for a particular determination for
sales of manufactured articles or services of Army
industrial facilities outside the United States.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Joint Strike Fighter program.
Sec. 212. F-22 aircraft program.
Sec. 213. High Altitude Endurance Unmanned Vehicle program.
Sec. 214. Advanced Anti-Radiation Guided Missile program.
Sec. 215. Federally funded research and development centers.
Sec. 216. Goal for dual-use science and technology projects.
Sec. 217. Transfers of authorizations for counterproliferation support
program.
Sec. 218. Kinetic Energy Tactical Anti-Satellite Technology program.
Sec. 219. Clementine 2 Micro-Satellite development program.
Subtitle C--Ballistic Missile Defense Programs
Sec. 221. National Missile Defense program.
Sec. 222. Reversal of decision to transfer procurement funds from the
Ballistic Missile Defense Organization.
Subtitle D--Other Matters
Sec. 231. Manufacturing Technology program.
Sec. 232. Use of major range and test facility installations by
commercial entities.
Sec. 233. Eligibility for the Defense Experimental Program to Stimulate
Competitive Research.
Sec. 234. Restructuring of National Oceanographic Partnership Program
organizations.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working-capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Sec. 305. Fisher House Trust Funds.
Subtitle B--Depot-Level Activities
Sec. 311. Definition of depot-level maintenance and repair.
Sec. 312. Restrictions on contracts for performance of depot-level
maintenance and repair at certain facilities.
Sec. 313. Core logistics functions of Department of Defense.
Sec. 314. Percentage limitation on performance of depot-level
maintenance of materiel.
Sec. 315. Centers of Industrial and Technical Excellence.
Sec. 316. Clarification of prohibition on management of depot employees
by constraints on personnel levels.
Sec. 317. Annual report on depot-level maintenance and repair.
Sec. 318. Report on allocation of core logistics activities among
Department of Defense facilities and private sector
facilities.
Sec. 319. Review of use of temporary duty assignments for ship repair
and maintenance.
Sec. 320. Repeal of a conditional repeal of certain depot-level
maintenance and repair laws and a related reporting
requirement.
Sec. 321. Extension of authority for naval shipyards and aviation
depots to engage in defense-related production and
services.
Subtitle C--Environmental Provisions
Sec. 331. Clarification of authority relating to storage and disposal
of nondefense toxic and hazardous materials on Department
of Defense property.
Sec. 332. Annual report on payments and activities in response to fines
and penalties assessed under environmental laws.
Sec. 333. Annual report on environmental activities of the Department
of Defense overseas.
Sec. 334. Membership terms for Strategic Environmental Research and
Development Program Scientific Advisory Board.
Sec. 335. Additional information on agreements for agency services in
support of environmental technology certification.
Sec. 336. Risk assessments under the Defense Environmental Restoration
Program.
Sec. 337. Recovery and sharing of costs of environmental restoration at
Department of Defense sites.
Sec. 338. Pilot program for the sale of air pollution emission
reduction incentives.
Sec. 339. Tagging system for identification of hydrocarbon fuels used
by the Department of Defense.
Subtitle D--Commissaries and Nonappropriated Fund Instrumentalities
Sec. 351. Funding sources for construction and improvement of
commissary store facilities.
Sec. 352. Integration of military exchange services.
Subtitle E--Other Matters
Sec. 361. Advance billings for working-capital funds.
Sec. 362. Center for Excellence in Disaster Management and Humanitarian
Assistance.
Sec. 363. Administrative actions adversely affecting military training
or other readiness activities.
Sec. 364. Financial assistance to support additional duties assigned to
Army National Guard.
Sec. 365. Sale of excess, obsolete, or unserviceable ammunition and
ammunition components.
Sec. 366. Inventory management.
Sec. 367. Warranty claims recovery pilot program.
Sec. 368. Adjustment and diversification assistance to enhance
increased performance of military family support services
by private sector sources.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Permanent end strength levels to support two major regional
contingencies.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
[[Page S5812]]
Subtitle C--Authorization of Appropriations
Sec. 421. Authorization of appropriations for military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Personnel Management
Sec. 501. Officers excluded from consideration by promotion board.
Sec. 502. Increase in the maximum number of officers allowed to be
frocked to the grade of O-6.
Sec. 503. Availability of Navy chaplains on retired list or of
retirement age to serve as Chief or Deputy Chief of
Chaplains of the Navy.
Sec. 504. Period of recall service of certain retirees.
Subtitle B--Matters Relating to Reserve Components
Sec. 511. Termination of Ready Reserve Mobilization Income Insurance
Program.
Sec. 512. Discharge or retirement of reserve officers in an inactive
status.
Sec. 513. Retention of military technicians in grade of Brigadier
General after mandatory separation date.
Sec. 514. Federal status of service by National Guard members as honor
guards at funerals of veterans.
Subtitle C--Education and Training Programs
Sec. 521. Service academies foreign exchange study program.
Sec. 522. Programs of higher education of the Community College of the
Air Force.
Sec. 523. Preservation of entitlement to educational assistance of
members of the Selected Reserve serving on active duty in
support of a contingency operation.
Sec. 524. Repeal of certain staffing and safety requirements for the
Army Ranger Training Brigade.
Subtitle D--Decorations and Awards
Sec. 531. Clarification of eligibility of members of Ready Reserve for
award of service Medal for Heroism.
Sec. 532. Waiver of time limitations for award of certain decorations
to specified persons.
Sec. 533. One-year extension of period for receipt of recommendations
for decorations and awards for certain military
intelligence personnel.
Sec. 534. Eligibility of certain World War II military organizations
for award of unit decorations.
Subtitle E--Military Personnel Voting Rights
Sec. 541. Short title.
Sec. 542. Guarantee of residency.
Sec. 543. State responsibility to guarantee military voting rights.
Subtitle F--Other Matters
Sec. 551. Sense of Congress regarding study of matters relating to
gender equity in the Armed Forces.
Sec. 552. Commission on Gender Integration in the Military.
Sec. 553. Sexual harassment investigations and reports.
Sec. 554. Requirement for exemplary conduct by commanding officers and
other authorities.
Sec. 555. Participation of Department of Defense personnel in
management of non-federal entities.
Sec. 556. Technical correction to cross reference in ROPMA provision
relating to position vacancy promotion.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay
Sec. 601. Military pay raise for fiscal year 1998.
Subtitle B--Subsistence, Housing, and Other Allowances
Part I--Reform of Basic Allowance for Subsistence
Sec. 611. Revised entitlement and rates.
Sec. 612. Transitional basic allowance for subsistence.
Sec. 613. Effective date and termination of transitional authority.
Part II--Reform of Housing and Related Allowances
Sec. 616. Entitlement to basic allowance for housing.
Sec. 617. Rates of basic allowance for housing.
Sec. 618. Dislocation allowance.
Sec. 619. Family separation and station allowances.
Sec. 620. Other conforming amendments.
Sec. 621. Clerical amendment.
Sec. 622. Effective date.
Part III--Other Amendments Relating to Allowances
Sec. 626. Revision of authority to adjust compensation necessitated by
reform of subsistence and housing allowances.
Sec. 627. Deadline for payment of Ready Reserve muster duty allowance.
Subtitle C--Bonuses and Special and Incentive Pays
Sec. 631. One-year extension of certain bonuses and special pay
authorities for reserve forces.
Sec. 632. One-year extension of certain bonuses and special pay
authorities for nurse officer candidates, registered
nurses, and nurse anesthetists.
Sec. 633. One-year extension of authorities relating to payment of
other bonuses and special pays.
Sec. 634. Increased amounts for aviation career incentive pay.
Sec. 635. Aviation continuation pay.
Sec. 636. Eligibility of dental officers for the multiyear retention
bonus provided for medical officers.
Sec. 637. Increased special pay for dental officers.
Sec. 638. Modification of Selected Reserve reenlistment bonus
authority.
Sec. 639. Modification of authority to pay bonuses for enlistments by
prior service personnel in critical skills in the
Selected Reserve.
Sec. 640. Increased special pay and bonuses for nuclear qualified
officers.
Sec. 641. Authority to pay bonuses in lieu of special pay for enlisted
members extending duty at designated locations overseas.
Subtitle D--Retired Pay, Survivor Benefits, and Related Matters
Sec. 651. One-year opportunity to discontinue participation in Survivor
Benefit Plan.
Sec. 652. Time for changing survivor benefit coverage from former
spouse to spouse.
Sec. 653. Paid-up coverage under Survivor Benefit Plan.
Sec. 654. Annuities for certain military surviving spouses.
Subtitle E--Other Matters
Sec. 661. Eligibility of Reserves for benefits for illness, injury, or
death incurred or aggravated in line of duty.
Sec. 662. Travel and transportation allowances for dependents before
approval of a member's court-martial sentence.
Sec. 663. Eligibility of members of the uniformed services for
reimbursement of adoption expenses.
TITLE VII--HEALTH CARE PROVISIONS
Sec. 701. Waiver of deductibles, copayments, and annual fees for
members assigned to certain duty locations far from
sources of care.
Sec. 702. Payment for emergency health care overseas for military and
civilian personnel of the On-Site Inspection Agency.
Sec. 703. Disclosures of cautionary information on prescription
medications.
Sec. 704. Health care services for certain Reserves who served in
Southwest Asia during the Persian Gulf War.
Sec. 705. Collection of dental insurance premiums.
Sec. 706. Dental insurance plan coverage for retirees of uniformed
service in the Public Health Service and NOAA.
Sec. 707. Prosthetic devices for dependents.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 801. Streamlined approval requirements for contracts under
international agreements.
Sec. 802. Restriction on undefinitized contract actions.
Sec. 803. Expansion of authority to cross fiscal years to all severable
service contracts not exceeding a year.
Sec. 804. Limitation on allowability of compensation for certain
contractor personnel.
Sec. 805. Increased price limitation on purchases of right-hand drive
vehicles.
Sec. 806. Conversion of defense capability preservation authority to
Navy shipbuilding capability preservation authority.
Sec. 807. Elimination of certification requirement for grants.
Sec. 808. Repeal of limitation on adjustment of shipbuilding contracts.
Subtitle B--Contract Provisions
Sec. 811. Contractor guarantees of major systems.
Sec. 812. Vesting of title in the United States under contracts paid
under progress payment arrangements or similar
arrangements.
Subtitle C--Acquisition Assistance Programs
Sec. 821. Procurement technical assistance programs.
Sec. 822. One-year extension of Pilot Mentor-Protege Program.
Sec. 823. Test program for negotiation of comprehensive subcontracting
plans.
Sec. 824. Price preference for small and disadvantaged businesses.
Subtitle D--Administrative Provisions
Sec. 831. Retention of expired funds during the pendency of contract
litigation.
Sec. 832. Protection of certain information from disclosure.
Sec. 833. Content of limited selected acquisition reports.
[[Page S5813]]
Sec. 834. Unit cost reports.
Sec. 835. Central Department of Defense point of contact for
contracting information.
Subtitle E--Other Matters
Sec. 841. Defense business combinations.
Sec. 842. Lease of nonexcess property of Defense Agencies.
Sec. 843. Promotion rate for officers in an Acquisition Corps.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Sec. 901. Principal duty of Assistant Secretary of Defense for Special
Operations and Low Intensity Conflict.
Sec. 902. Professional military education schools.
Sec. 903. Use of CINC Initiative Fund for force protection.
Sec. 904. Transfer of TIARA programs.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Authority for obligation of certain unauthorized fiscal year
1997 defense appropriations.
Sec. 1003. Authorization of prior emergency supplemental appropriations
for fiscal year 1997.
Sec. 1004. Increased transfer authority for fiscal year 1996
authorizations.
Sec. 1005. Biennial financial management strategic plan.
Sec. 1006. Revision of authority for Fisher House Trust Funds.
Sec. 1007. Availability of certain fiscal year 1991 funds for payment
of contract claim.
Sec. 1008. Estimates and requests for procurement and military
construction for the reserve components.
Subtitle B--Naval Vessels and Shipyards
Sec. 1011. Long-term charter of vessel for surveillance towed array
sensor program.
Sec. 1012. Procedures for sale of vessels stricken from the Naval
Vessel Register.
Sec. 1013. Transfers of naval vessels to certain foreign countries.
Subtitle C--Counter-Drug Activities
Sec. 1021. Authority to provide additional support for counter-drug
activities of Mexico.
Sec. 1022. Authority to provide additional support for counter-drug
activities of Peru and Colombia.
Subtitle D--Reports and Studies
Sec. 1031. Repeal of reporting requirements.
Sec. 1032. Common measurement of operations and personnel tempo.
Sec. 1033. Report on overseas deployment.
Sec. 1034. Report on military readiness requirements of the Armed
Forces.
Sec. 1035. Assessment of cyclical readiness posture of the Armed
Forces.
Sec. 1036. Overseas infrastructure requirements.
Sec. 1037. Report on aircraft inventory.
Sec. 1038. Disposal of excess materials.
Sec. 1039. Review of former spouse protections.
Sec. 1040. Completion of GAO reports for Congress.
Subtitle E--Other Matters
Sec. 1051. Psychotherapist-patient privilege in the Military Rules of
Evidence.
Sec. 1052. National Guard Civilian Youth Opportunities Pilot Program.
Sec. 1053. Protection of Armed Forces personnel during peace
operations.
Sec. 1054. Limitation on retirement or dismantlement of strategic
nuclear delivery systems.
Sec. 1055. Acceptance and use of landing fees for use of overseas
military airfields by civil aircraft.
Sec. 1056. One-year extension of international nonproliferation
initiative.
Sec. 1057. Arms control implementation and assistance for facilities
subject to inspection under the Chemical Weapons
Convention.
Sec. 1058. Sense of Senate regarding the relationship between
environmental laws and United States' obligations under
the Chemical Weapons Convention.
Sec. 1059. Sense of Congress regarding funding for reserve component
modernization not requested in the annual budget request.
Sec. 1060. Authority of Secretary of Defense to settle claims relating
to pay, allowances, and other benefits
Sec. 1061. Coordination of access of commanders and deployed units to
intelligence collected and analyzed by the intelligence
community.
Sec. 1062. Protection of imagery, imagery intelligence, and geospatial
information and data.
Sec. 1063. Protection of air safety information voluntarily provided by
a charter air carrier.
Sec. 1064. Sustainment and operation of Global Positioning System.
Sec. 1065. Law enforcement authority for special agents of the Defense
Criminal Investigative Service.
Sec. 1066. Repeal of requirement for continued operation of the Naval
Academy dairy farm.
Sec. 1067. POW/MIA intelligence analysis cell.
Sec. 1068. Protection of employees from retaliation for certain
disclosures of classified information.
Sec. 1069. Applicability of certain pay authorities to members of the
Commission on Servicemembers and Veterans Transition
Assistance.
Sec. 1070. Transfer of B-17 aircraft to museum.
Sec. 1071. Five-year extension of aviation insurance program.
Sec. 1072. Treatment of military flight operations.
Sec. 1073. Naturalization of foreign nationals who served honorably in
the Armed Forces of the United States.
Sec. 1074. Designation of Bob Hope as honorary veteran.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Sec. 1101. Use of prohibited constraints to manage Department of
Defense personnel.
Sec. 1102. Employment of civilian faculty at the Marine Corps
University.
Sec. 1103. Extension and revision of voluntary separation incentive pay
authority.
Sec. 1104. Repeal of deadline for placement consideration of
involuntarily separated military reserve technicians.
Sec. 1105. Rate of pay of Department of Defense overseas teacher upon
transfer to General Schedule position.
Sec. 1106. Naturalization of employees of the George C. Marshall
European Center for Security Studies.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Authority to use certain prior year funds to construct a
heliport at Fort Irwin, California.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Authorization of military construction project at Pascagoula
Naval Station, Mississippi, for which funds have been
appropriated.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Authorization of military construction project at McConnell
Air Force Base, Kansas, for which funds have been
appropriated.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Military housing planning and design.
Sec. 2403. Improvements to military family housing units.
Sec. 2404. Energy conservation projects.
Sec. 2405. Authorization of appropriations, Defense Agencies.
Sec. 2406. Clarification of authority relating to fiscal year 1997
project at Naval Station, Pearl Harbor, Hawaii.
Sec. 2407. Authority to use prior year funds to carry out certain
Defense Agency military construction projects.
Sec. 2408. Modification of authority to carry out fiscal year 1995
projects.
Sec. 2409. Availability of funds for fiscal year 1995 project relating
to relocatable over-the-horizon radar, Naval Station
Roosevelt Roads, Puerto Rico.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
Sec. 2602. Authorization of Army National Guard construction project,
aviation support facility, Hilo, Hawaii, for which funds
have been appropriated.
[[Page S5814]]
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1995
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1994
projects.
Sec. 2704. Extension of authorization of fiscal year 1993 project.
Sec. 2705. Extension of authorizations of certain fiscal year 1992
projects.
Sec. 2706. Effective date.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Increase in ceiling for minor land acquisition projects.
Sec. 2802. Sale of utility systems of the military departments.
Sec. 2803. Administrative expenses for certain real property
transactions.
Sec. 2804. Use of financial incentives for energy savings and water
cost savings.
Subtitle B--Land Conveyances
Sec. 2811. Modification of authority for disposal of certain real
property, Fort Belvoir, Virginia.
Sec. 2812. Correction of land conveyance authority, Army Reserve
Center, Anderson, South Carolina.
Sec. 2813. Land conveyance, Hawthorne Army Ammunition Depot, Mineral
County, Nevada.
Sec. 2814. Long-term lease of property, Naples, Italy.
Sec. 2815. Land conveyance, Topsham Annex, Naval Air Station,
Brunswick, Maine.
Sec. 2816. Land conveyance, Naval Weapons Industrial Reserve Plant No.
464, Oyster Bay, New York.
Sec. 2817. Land conveyance, Charleston Family Housing Complex, Bangor,
Maine.
Sec. 2818. Land conveyance, Ellsworth Air Force Base, South Dakota.
Subtitle C--Other Matters
Sec. 2831. Disposition of proceeds of sale of Air Force Plant No. 78,
Brigham City, Utah.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. Weapons activities.
Sec. 3102. Environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense environmental management privatization.
Sec. 3105. Defense nuclear waste disposal.
Subtitle B--Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction
activities.
Sec. 3127. Funds available for all national security programs of the
Department of Energy.
Sec. 3128. Availability of funds.
Subtitle C--Program Authorizations, Restrictions, and Limitations
Sec. 3131. Defense environmental management privatization projects.
Sec. 3132. International cooperative stockpile stewardship programs.
Sec. 3133. Modernization of enduring nuclear weapons complex.
Sec. 3134. Tritium production.
Sec. 3135. Processing, treatment, and disposition of spent nuclear fuel
rods and other legacy nuclear materials at the Savannah
River Site.
Sec. 3136. Limitations on use of funds for laboratory directed research
and development purposes.
Sec. 3137. Permanent authority for transfers of defense environmental
management funds.
Sec. 3138. Prohibition on recovery of certain additional costs for
environmental response actions associated with the
Formerly Utilized Site Remedial Action Project program.
Subtitle D--Other Matters
Sec. 3151. Administration of certain Department of Energy activities.
Sec. 3152. Modification and extension of authority relating to
appointment of certain scientific, engineering, and
technical personnel.
Sec. 3153. Annual report on plan and program for stewardship,
management, and certification of warheads in the nuclear
weapons stockpile.
Sec. 3154. Submittal of biennial waste management reports.
Sec. 3155. Repeal of obsolete reporting requirements.
Sec. 3156. Commission on safeguarding and security of nuclear weapons
and materials at Department of Energy facilities.
Sec. 3157. Modification of authority on commission on maintaining
United States nuclear weapons expertise.
Sec. 3158. Land transfer, Bandelier National Monument.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Definitions.
Sec. 3302. Authorized uses of stockpile funds.
Sec. 3303. Authority to dispose of certain materials in National
Defense Stockpile.
Sec. 3304. Return of surplus platinum from the Department of the
Treasury.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
Sec. 3402. Leasing of certain oil shale reserves.
Sec. 3403. Repeal of requirement to assign Navy officers to Office of
Naval Petroleum and Oil Shale Reserves.
TITLE XXXV--PANAMA CANAL COMMISSION
Subtitle A--Authorization of Expenditures From Revolving Fund
Sec. 3501. Short title.
Sec. 3502. Authorization of expenditures.
Sec. 3503. Purchase of vehicles.
Sec. 3504. Expenditures only in accordance with treaties.
Subtitle B--Facilitation of Panama Canal Transition
Sec. 3511. Short title; references.
Sec. 3512. Definitions relating to Canal transition.
Part I--Transition Matters Relating to Commission Officers and
Employees
Sec. 3521. Authority for the Administrator of the Commission to accept
appointment as the Administrator of the Panama Canal
Authority.
Sec. 3522. Post-Canal transfer personnel authorities.
Sec. 3523. Enhanced authority of Commission to establish compensation
of Commission officers and employees.
Sec. 3524. Travel, transportation, and subsistence expenses for
Commission personnel no longer subject to Federal Travel
Regulation.
Sec. 3525. Enhanced recruitment and retention authorities.
Sec. 3526. Transition separation incentive payments.
Sec. 3527. Labor-management relations.
Sec. 3528. Availability of Panama Canal Revolving Fund for severance
pay for certain employees separated by Panama Canal
Authority after Canal Transfer Date.
Part II--Transition Matters Relating to Operation and Administration of
Canal
Sec. 3541. Establishment of procurement system and board of contract
appeals.
Sec. 3542. Transactions with the Panama Canal Authority.
Sec. 3543. Time limitations on filing of claims for damages.
Sec. 3544. Tolls for small vessels.
Sec. 3545. Date of actuarial evaluation of FECA liability.
Sec. 3546. Notaries public.
Sec. 3547. Commercial services.
Sec. 3548. Transfer from President to Commission of certain regulatory
functions relating to employment classification appeals.
Sec. 3549. Enhanced printing authority.
Sec. 3550. Technical and conforming amendments.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ``congressional defense
committees'' means--
(1) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(2) the Committee on National Security and the Committee on
Appropriations of the House of Representatives.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal
year 1998 for procurement for the Army as follows:
(1) For aircraft, $1,394,459,000.
(2) For missiles, $1,223,851,000.
(3) For weapons and tracked combat vehicles,
$1,179,107,000.
(4) For ammunition, $1,043,202,000.
(5) For other procurement, $2,918,730,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated
for fiscal year 1998 for procurement for the Navy as follows:
(1) For aircraft, $6,482,265,000.
(2) For weapons, including missiles and torpedoes,
$1,200,393,000.
(3) For shipbuilding and conversion, $8,593,358,000.
(4) For ammunition for the Navy and Marine Corps,
$369,797,000.
(5) For other procurement, $3,177,700,000.
[[Page S5815]]
(b) Marine Corps.--Funds are hereby authorized to be
appropriated for fiscal year 1998 for procurement for the
Marine Corps in the amount of $554,806,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal
year 1998 for procurement for the Air Force as follows:
(1) For aircraft, $6,048,915,000.
(2) For missiles, $2,411,241,000.
(3) For ammunition, $420,784,000.
(4) For other procurement, $6,798,453,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal
year 1998 for Defense-wide procurement in the amount of
$1,749,285,000.
SEC. 105. RESERVE COMPONENTS.
Funds are hereby authorized to be appropriated for fiscal
year 1998 for procurement of aircraft, vehicles,
communications equipment, and other equipment for the reserve
components of the Armed Forces as follows:
(1) For the Army National Guard, $100,000,000.
(2) For the Air National Guard, $186,300,000.
(3) For the Army Reserve, $40,000,000.
(4) For the Naval Reserve, $40,000,000.
(5) For the Air Force Reserve, $246,700,000.
(6) For the Marine Corps Reserve, $40,000,000.
SEC. 106. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal
year 1998 for procurement for the Inspector General of the
Department of Defense in the amount of $1,800,000.
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.
There is are hereby authorized to be appropriated for
fiscal year 1998 the amount of $614,700,000 for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such
Act.
SEC. 108. DEFENSE HEALTH PROGRAMS.
Funds are hereby authorized to be appropriated for fiscal
year 1998 for the Department of Defense for procurement for
carrying out health care programs, projects, and activities
of the Department of Defense in the total amount of
$274,068,000.
SEC. 109. DEFENSE EXPORT LOAN GUARANTEE PROGRAM.
Funds are hereby authorized to be appropriated for fiscal
year 1998 for the Department of Defense for carrying out the
Defense Export Loan Guarantee Program established under
section 2540 of title 10, United States Code, in the total
amount of $1,231,000.
Subtitle B--Army Programs
SEC. 111. ARMY HELICOPTER MODERNIZATION PLAN.
(a) Limitation.--Not more than 25 percent of the amounts
authorized to be appropriated pursuant to section 101(1),
105(1), or 105(3) for modifications or upgrades of
helicopters may be obligated before the date that is 30 days
after the Secretary of the Army submits to the congressional
defense committees a comprehensive plan for the modernization
of the Army's helicopter fleet.
(b) Content of Plan.--The plan required by subsection (a)
shall, at a minimum, contain the following:
(1) A detailed assessment of the Army's present and future
helicopter requirements and present and future helicopter
inventory, including number of aircraft, age of aircraft,
availability of spare parts, flight hour costs, roles and
functions assigned to the fleet as a whole and to its
individual types of aircraft, and the mix of active component
aircraft and reserve component aircraft in the fleet.
(2) Estimates and analysis of requirements and funding
proposed for procurement of new aircraft.
(3) An analysis of the requirements for and funding
proposed for extended service plans or service life extension
plans for fleet aircraft.
(4) A plan for retiring aircraft no longer required or
capable of performing assigned functions, including a
discussion of opportunities to eliminate older aircraft
models and to focus future funding on current or future
generation aircraft.
(5) The implications of the plan for the defense industrial
base.
(c) Funding in Future-Years Defense Program.--The Secretary
of the Army shall include in the plan required by subsection
(a) a certification that the plan is to be funded in the
future-years defense program submitted to Congress in 1998
pursuant to section 221(a) of title 10, United States Code.
SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR AH-64D LONGBOW
APACHE FIRE CONTROL RADAR.
Beginning with the fiscal year 1998 program year, the
Secretary of the Army may, in accordance with section 2306b
of title 10, United States Code, enter into a multiyear
procurement contract for the procurement of the AH-64D
Longbow Apache fire control radar.
Subtitle C--Navy Programs
SEC. 121. NEW ATTACK SUBMARINE PROGRAM.
(a) Amounts Authorized From SCN Account.--Of the amounts
authorized to be appropriated by section 102(a)(3) for fiscal
year 1998, $2,599,800,000 is available for the New Attack
Submarine Program.
(b) Contract Authority.--(1) The Secretary of the Navy may
enter into a contract for the procurement of four submarines
under the New Attack Submarine program.
(2) Any contract entered into under paragraph (1)--
(A) shall, notwithstanding section 2304(k) of title 10,
United States Code, be awarded to one of the two eligible
shipbuilders as the prime contractor on the condition that
the prime contractor enter into one or more subcontracts
(under such prime contract) with the other of the two
eligible shipbuilders as contemplated in the New Attack
Submarine Team Agreement; and
(B) shall provide for--
(i) construction of the first submarine in fiscal year
1998; and
(ii) advance construction and advance procurement of
materiel for the second, third, and fourth submarines in
fiscal year 1998.
(3) The following shipbuilders are eligible for a contract
under this subsection:
(A) The Electric Boat Corporation.
(B) The Newport News Shipbuilding and Drydock Company.
(4) In paragraph (2)(A), the term ``New Attack Submarine
Team Agreement'' means the agreement known as the Team
Agreement between Electric Boat Corporation and Newport News
Shipbuilding and Drydock Company, dated February 25, 1997,
that was submitted to Congress by the Secretary of the Navy
on March 31, 1997.
(c) Limitation of Liability.--If a contract entered into
under this section is terminated, the United States shall not
be liable for termination costs in excess of the total amount
appropriated for the New Attack Submarine program.
(d) Repeals of Superseded Provisions of Previous Defense
Authorization Laws.--(1) Section 131 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106;
110 Stat. 206) is amended--
(A) in subsection (a)(1)(B)--
(i) in clause (i), by striking out ``, which shall be built
by Electric Boat Division''; and
(ii) in clause (ii), by striking out ``, which shall be
built by Newport News Shipbuilding''; and
(B) in subsection (b), by striking out paragraph (1).
(2) Section 121 of the National Defense Authorization Act
for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2441) is
amended--
(A) in subsection (a)--
(i) in paragraph (1)(B), by striking out ``to be built by
Electric Boat Division''; and
(ii) in paragraph (1)(C), by striking out ``to be built by
Newport News Shipbuilding'';
(B) in subsection (d), by striking out paragraph (2);
(C) in subsection (e), by striking out paragraph (1); and
(D) in subsection (g), by striking out ``the committees
specified in subsection (e)(1)'' in paragraphs (3) and(4) and
inserting in lieu thereof ``the Committee on Armed Services
of the Senate and the Committee on National Security of the
House of Representatives''.
(e) Inapplicability of Superseded Aspects of Attack
Submarine Development Plan.--The Secretary of Defense and the
Secretary of the Navy are not required to carry out the
portions of the program plan submitted under subsection (c)
of section 131 of the National Defense Authorization Act for
Fiscal Year 1996 that are included in the plan pursuant to
subparagraphs (A), (B), and (E) of paragraph (2) of such
subsection.
SEC. 122. NUCLEAR AIRCRAFT CARRIER PROGRAM.
(a) Amounts Authorized From SCN Account.--Of the amounts
authorized to be appropriated by section 102(a)(3) for fiscal
year 1998, $345,000,000 is available for the procurement and
construction of nuclear and non-nuclear components for the
CVN-77 nuclear aircraft carrier program. The Secretary of the
Navy is authorized to enter into a contract or contracts with
the shipbuilder for the procurement and construction of such
components.
(b) Amounts Authorized From RDT&E Account.--Of the amounts
authorized to be appropriated by section 201(2) for fiscal
year 1998, $35,000,000 is available for research,
development, test, and evaluation of technologies that have
potential for use in the CVN-77 nuclear aircraft carrier
program.
SEC. 123. EXCEPTION TO COST LIMITATION FOR SEAWOLF SUBMARINE
PROGRAM.
In the application of the limitation in section 133(a) of
the National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106; 110 Stat. 211), there shall not be taken
into account $745,700,000 of the amounts that were obligated
or expended for procurement of Seawolf class submarines
before the date of the enactment of this Act (that amount
being the total of amounts of funds appropriated for fiscal
years 1990, 1991, and 1992 for the procurement of Seawolf
class submarines that have been obligated or expended for
procurement under the SSN-23, SSN-24, and SSN-25 Seawolf
class submarine programs, which have been canceled since the
limitation took effect).
SEC. 124. AIRBORNE SELF-PROTECTION JAMMER PROGRAM.
(a) Limitation on Resumption of Serial Production.--Serial
production of the airborne self-protection jammer may not be
resumed until the Director of Operational Test and Evaluation
of the Department of Defense has certified in writing to
Congress that--
(1) the capabilities of the airborne self-protection jammer
exceed the capabilities of the integrated defensive
electronics countermeasure system that is under development
for use in F/A-18E/F aircraft;
(2) the units of the airborne self-protection jammer to be
produced are to be used in F/A-18E/F aircraft; and
[[Page S5816]]
(3) the deficiencies in the airborne self-protection jammer
noted by the Director before the date of the enactment of
this Act have been eliminated.
(b) Limitation on Obligation of Funds.--No funds authorized
to be appropriated by this or any other Act may be obligated
for serial production of the airborne self-protection jammer
until the Secretary of Defense has certified in writing to
Congress that funding is programmed for serial production of
the airborne self-protection jammer in the future-years
defense program.
Subtitle D--Air Force Programs
SEC. 131. B-2 BOMBER AIRCRAFT PROGRAM.
(a) Prohibition.--None of the funds authorized to be
appropriated in this or any other Act may be used--
(1) to procure any additional B-2 bomber aircraft; or
(2) to maintain any part of the bomber industrial base
solely for the purpose of preserving the option to procure
additional B-2 bomber aircraft in the future.
(b) Exceptions.--The prohibition in subsection (a) does not
apply to--
(1) any B-2 bomber aircraft that is covered by a contract
for the production of that aircraft as of the date of the
enactment of this Act; or
(2) any part of the bomber industrial base that is
necessary for producing all B-2 bomber aircraft referred to
in paragraph (1), but only for so long as is necessary to
complete the production of such aircraft.
Subtitle E--Other Matters
SEC. 141. PROHIBITION ON USE OF FUNDS FOR ACQUISITION OR
ALTERATION OF PRIVATE DRYDOCKS.
None of the funds authorized to be appropriated by this or
any other Act may be used, directly or indirectly, to
purchase, lease, upgrade, or modify privately-owned drydocks.
SEC. 142. REPLACEMENT OF ENGINES ON AIRCRAFT DERIVED FROM
BOEING 707 AIRCRAFT.
(a) Analysis Required.--The Under Secretary of Defense for
Acquisition and Technology shall submit to the Committee on
Armed Services of the Senate and the Committee on National
Security of the House of Representatives an analysis of the
requirements of the Department of Defense for replacing
engines on the aircraft of the department that are derived
from the Boeing 707 aircraft and the costs of meeting the
requirements.
(b) Content.--The analysis shall include the following:
(1) The number of aircraft described in subsection (a) that
are in the inventory of the Department of Defense and the
number of such aircraft that are projected to be in the
inventory of the department in 5 years, in 10 years, and in
15 years.
(2) For each type of such aircraft, the estimated cost of
operating the aircraft for each fiscal year after fiscal year
1997 and before fiscal year 2015, taking into account
historical patterns of usage and projected support costs.
(3) For each type of such aircraft, the estimated costs and
the benefits of replacing the engines on the aircraft,
analyzed on the basis of the experience under the limited
program for replacing the engines on RC-135 aircraft that was
undertaken during fiscal years 1995, 1996, and 1997.
(4) The estimated total cost of replacing the engines
pursuant to a program that provides for replacement of the
engines on all of the aircraft of one type before undertaking
the replacement of the engines on the aircraft of another
type, with a higher priority being given in turn to each type
of aircraft in which the replacement of the engines is
expected to yield the anticipated benefits of replacement
faster.
(5) Various plans for replacement of engines that the Under
Secretary considers best on the basis of costs and benefits.
(c) Submission Deadline.--The Under Secretary shall submit
the report under this section not later than March 1, 1998.
SEC. 143. EXCEPTION TO REQUIREMENT FOR A PARTICULAR
DETERMINATION FOR SALES OF MANUFACTURED
ARTICLES OR SERVICES OF ARMY INDUSTRIAL
FACILITIES OUTSIDE THE UNITED STATES.
Section 4543 of title 10, United States Code, is amended--
(1) in subsection (a)(5), by inserting ``, except in the
case of a sale described in subsection (b),'' after ``the
Secretary of the Army determines'';
(2) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively; and
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) Exception to Requirement for a Particular
Determination.--A determination described in subsection
(a)(5) is not necessary under the regulations in the case
of--
``(1) a sale of articles to be incorporated into a weapon
system being procured by the Department of Defense; or
``(2) a sale of services to be used in the manufacture of a
weapon system being procured by the Department of Defense.''.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 1998 for the use of the Department of Defense for
research, development, test, and evaluation as follows:
(1) For the Army, $4,750,462,000.
(2) For the Navy, $7,812,972,000.
(3) For the Air Force, $14,302,264,000.
(4) For Defense-wide activities, $10,072,347,000, of
which--
(A) $268,183,000 is authorized for the activities of the
Director, Test and Evaluation; and
(B) $31,384,000 is authorized for the Director of
Operational Test and Evaluation.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. JOINT STRIKE FIGHTER PROGRAM.
(a) Report.--Not later than February 15, 1998, the
Secretary of Defense shall submit to the congressional
defense committees a report on the options for the sequence
in which the variants of the joint strike fighter are to be
produced and fielded.
(b) Content of Report.--The report shall contain the
following:
(1) A review of the plan for production under the Joint
Strike Fighter program that was used by the Department of
Defense for developing the funding estimates for the fiscal
year 1999 budget request for the Department of Defense.
(2) An estimate of the costs, and an analysis of the costs
and benefits, of producing the joint strike fighter variants
in a sequence that provides for fielding of the naval variant
of the aircraft first.
(3) A comparison of the costs and benefits of the various
options for the sequence for fielding the variants of the
joint strike fighter that the Secretary of Defense considers
likely to be the options from among which a sequence for
fielding is selected, including a discussion of the effects
that selection of each such option would have on the costs
and rates of production of the units of F/A-18E/F and F-22
aircraft that are in production when the Joint Strike Fighter
Program proceeds into production.
(c) Limitation on Use of Funds Pending Submission of
Report.--Not more than 90 percent of the total amount
authorized to be appropriated under this Act for the Joint
Strike Fighter Program may be obligated until the date that
is 30 days after the date on which the congressional defense
committees receive the report required under this section.
(d) Fiscal Year 1998 Budget Defined.--In this section, the
term ``fiscal year 1999 budget request for the Department of
Defense'' means the budget estimates for the Department of
Defense for fiscal year 1999 that were submitted to Congress
by the Secretary of Defense in connection with the submission
of the budget for fiscal year 1998 to Congress under section
1105 of title 31, United States Code.
SEC. 212. F-22 AIRCRAFT PROGRAM.
(a) Limitation on Total Cost of Engineering and
Manufacturing Development.--The total amount obligated or
expended for engineering and manufacturing development under
the F-22 aircraft program may not exceed $18,688,000,000.
(b) Limitation on Obligation of Funds.--Of the total amount
authorized to be appropriated for the F-22 aircraft program
for a fiscal year, not more than 90 percent of the amount may
be obligated until the Comptroller General submits to
Congress--
(1) the report required to be submitted in that fiscal year
under subsection (c); and
(2) a certification that the Comptroller General has had
access to sufficient information to make informed judgments
on the matters covered by the report.
(c) Annual GAO Review.--(1) Not later than December 1 of
each year, the Comptroller General shall review the F-22
aircraft program and submit to Congress a report on the
results of the review. The Comptroller General shall also
submit to Congress for each report a certification regarding
whether the Comptroller General has had access to sufficient
information to make informed judgments on the matters covered
by the report.
(2) The report submitted on the program each year shall
include the following:
(A) The extent to which engineering and manufacturing
development under the program is meeting the goals
established for engineering and manufacturing development
under the program.
(B) The status of costs, testing, and modifications.
(C) The plan for engineering and manufacturing development
(leading to production) under the program for the fiscal year
that begins in the following year.
(D) A conclusion regarding whether the plan referred to in
subparagraph (C) can be successfully carried out consistent
with the limitation in subsection (a).
(E) A conclusion regarding whether engineering and
manufacturing development (leading to production) under the
program is likely to be completed at a total cost not in
excess of the amount specified in subsection (a).
(3) The Comptroller General shall submit the first report
under this subsection not later than December 1, 1997. No
report is required under this subsection after engineering
and manufacturing development under the program has been
completed.
(d) Requirement To Support Annual GAO Review.--The
Secretary of the Air Force and the prime contractor under the
F-22 aircraft program shall provide the Comptroller General
with such information on the program as the Comptroller
considers necessary to carry out the responsibilities under
subsection (c).
[[Page S5817]]
SEC. 213. HIGH ALTITUDE ENDURANCE UNMANNED VEHICLE PROGRAM.
(a) Limitation on Total Cost of Advanced Concept Technology
Demonstration.--(1) The total amount obligated or expended
for advanced concept technology demonstration under the High
Altitude Endurance Unmanned Vehicle Program through fiscal
year 2003 may not exceed $476,826,000.
(2) The total amount obligated or expended in fiscal year
1999, 2000, 2001, or 2002 for advanced concept technology
demonstration under the High Altitude Endurance Unmanned
Vehicle Program may not exceed the amount specified for that
fiscal year, as follows:
(A) In fiscal year 1999, not more than $167,864,000.
(B) In fiscal year 2000, not more than $31,374,000.
(C) In fiscal year 2001, not more than $19,106,000.
(D) In fiscal year 2002, not more than $20,866,000.
(b) Limitation on Acquisition.--No high altitude endurance
unmanned vehicle may be acquired after the date of the
enactment of this Act until 50 percent of the testing
programmed in the test and evaluation master plan (as of such
date) for the high altitude endurance unmanned vehicle has
been completed.
(c) Limitation on Proceeding.--The High Altitude Endurance
Unmanned Vehicle Program may not proceed beyond advanced
concept technology demonstration until the Comptroller
General has certified to Congress that the high altitude
endurance unmanned vehicles can be produced under the program
at an average unit cost that does not exceed $10,000,000 (the
so-called fly away price) in fiscal year 1994 constant
dollars.
(d) GAO Review.--(1) The Comptroller General shall review
the High Altitude Endurance Unmanned Vehicle Program for
purposes of making the certification under subsection (c).
(2) The Secretary of Defense and the prime contractors
under the High Altitude Endurance Unmanned Vehicle Program
shall provide the Comptroller General with such information
on the program as the Comptroller considers necessary to make
the determinations required for the certification under
subsection (c).
SEC. 214. ADVANCED ANTI-RADIATION GUIDED MISSILE PROGRAM.
To the extent provided in appropriations Acts, the
Secretary of the Navy may use not more than $25,000,000 of
the amount appropriated for the Navy for fiscal year 1997 for
research, development, test, evaluation for the Advanced
Anti-Radiation Guided Missile Program in order to fund fiscal
year 1998 research, development, test, and evaluation
programs of the Navy that have a higher priority than such
program.
SEC. 215. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS.
(a) Limitation on Staff Years Funded.--Not more than 6,006
staff years of technical effort (staff years) may be funded
for federally funded research and development centers out of
the funds authorized to be appropriated for the Department of
Defense for fiscal year 1998.
(b) Allocations Among Centers.--(1) Not later than 60 days
after the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense committees
a report that specifies the number of staff years of
technical effort that is to be allocated (for funding as
described in subsection (a)) to each defense federally funded
research and development center for fiscal year 1998.
(2) After the submission of the report on allocation of
staff years of technical effort under paragraph (1), the
Secretary of Defense may not reallocate more than 5 percent
of the staff years of technical effort allocated to a
federally funded research and development center for fiscal
year 1998 from that center to other federally funded research
and development centers until 30 days after the date on which
the Secretary has submitted a justification for the
reallocation to the congressional defense committees.
(c) Fiscal Year 1999 Allocation.--(1) The Secretary of
Defense shall submit to the congressional defense committees
a report that specifies the number of staff years of
technical effort that is to be allocated to each federally
funded research and development center for fiscal year 1999
for funding out of the funds authorized to be appropriated
for the Department of Defense for that fiscal year.
(2) The report shall be submitted at the same time that the
President submits the budget for fiscal year 1999 to Congress
under section 1105 of title 31, United States Code.
(c) Staff Year Defined.--In this section, the term ``staff
year of technical effort'' means 1,810 hours of paid effort
by direct and consultant labor performing professional-level
technical work primarily in the fields of studies and
analysis, system engineering and integration, systems
planning, program and policy planning and analyses, and basic
and applied research.
SEC. 216. GOAL FOR DUAL-USE SCIENCE AND TECHNOLOGY PROJECTS.
(a) Goals.--(1) Subject to paragraph (3), it shall be the
objective of the Secretary of each military department to
obligate for dual-use projects in each fiscal year referred
to in paragraph (2), out of the total amount authorized to be
appropriated for such fiscal year for new projects initiated
under the applied research programs of the military
department, the percent of such amount that is specified for
that fiscal year in paragraph (2).
(2) The objectives for fiscal years under paragraph (1) are
as follows:
(A) For fiscal year 1998, 5 percent.
(B) For fiscal year 1999, 7 percent.
(C) For fiscal year 2000, 10 percent.
(3) The Secretary of Defense may establish for a military
department for a fiscal year an objective different from the
objective set forth in paragraph (2) if the Secretary--
(A) determines that compelling national security
considerations require the establishment of the different
objective; and
(2) notifies Congress of the determination and the reasons
for the determination.
(b) Designation of Official for Dual-Use Programs.--(1) The
Secretary of Defense shall designate a senior official in the
Office of the Secretary of Defense to carry out
responsibilities for dual-use programs under this subsection.
The designated official shall report directly to the Under
Secretary of Defense for Acquisition and Technology.
(2) The primary responsibilities of the designated official
shall include developing policy and overseeing the
establishment of, and adherence to, procedures for ensuring
that dual-use programs are initiated and administered
effectively and that applicable commercial technologies are
integrated into current and future military systems.
(3) In carrying out the responsibilities, the designated
official shall ensure that--
(A) dual-use projects are consistent with the joint
warfighting science and technology plan referred to in
section 270 of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 10 U.S.C. 2501 note);
and
(B) the dual-use projects of the military departments and
defense agencies of the Department of Defense are coordinated
and avoid unnecessary duplication.
(c) Financial Commitment of Non-Federal Government
Participants.--The total amount of funds provided by a
military department for a dual-use project entered into by
the Secretary of that department shall not exceed 50 percent
of the total cost of the project. The Secretary may consider
in-kind contributions by non-Federal participants for dual-
use projects for the purpose of calculating the share of
project costs that has been or is being undertaken by such
participants only to the extent provided in regulations
issued pursuant to section 2511(c)(2) of title 10, United
States Code.
(d) Use of Competitive Procedures.--Funds obligated for a
dual-use project may be counted toward meeting an objective
under subsection (a) only if the funds are obligated for a
contract, grant, cooperative agreement, or other transaction
that was entered into through the use of competitive
procedures.
(e) Report.--(1) Not later than January 31 of each of 1998,
1999, and 2000, the Secretary of Defense shall submit a
report to the congressional defense committees on the
progress made by the Department of Defense in meeting the
objectives set forth in subsection (a) during the preceding
fiscal year.
(2) The report for a fiscal year shall contain, at a
minimum, the following:
(A) The aggregate value of all contracts, grants,
cooperative agreements, or other transactions entered into
during the fiscal year for which funding is counted toward
meeting an objective under this section, expressed in
relationship to the total amount appropriated for the applied
research programs in the Department of Defense for that
fiscal year.
(B) For each military department, the value of all
contracts, grants, cooperative agreements, or other
transactions entered into during the fiscal year for which
funding is counted toward meeting an objective under this
section, expressed in relationship to the total amount
appropriated for the applied research program of the military
department for that fiscal year.
(C) A summary of the cost-sharing arrangements in dual-use
projects that were initiated during the fiscal year and are
counted toward reaching an objective under this section.
(D) A description of the regulations, directives, or other
procedures that have been issued by the Secretary of Defense
or the Secretary of a military department to increase the
percentage of the total value of the dual-use projects
undertaken to meet or exceed an objective under this section.
(E) Any recommended legislation to facilitate achievement
of objectives under this section.
(f) Repeal of Superseded Authority.--Section 203 of the
National Defense Authorization Act for Fiscal Year 1997
(Public Law 104-201; 110 Stat. 2451) is repealed.
(g) Definitions.--In this section:
(1) The term ``applied research program'' means a program
of a military department which is funded under the 6.2
Research, Development, Test and Evaluation account of that
department.
(2) The term ``dual-use project'' means a project under a
program of a military department or a defense agency under
which research or development of a dual-use technology is
carried out and the costs of which are shared by the
Department of Defense and non-Government entities.
SEC. 217. TRANSFERS OF AUTHORIZATIONS FOR
COUNTERPROLIFERATION SUPPORT PROGRAM.
(a) In General.--In addition to the transfer authority
provided in section 1001, upon determination by the Secretary
of Defense that such action is necessary in the national
interest, the Secretary may transfer amounts of
authorizations made available to
[[Page S5818]]
the Department of Defense in this division for fiscal year
1998 to counterproliferation programs, projects, and
activities identified as areas for progress by the
Counterproliferation Program Review Committee established by
section 1605 of the National Defense Authorization Act for
Fiscal Year 1994 (22 U.S.C. 2751 note). Amounts of
authorizations so transferred shall be merged with and be
available for the same purposes as the authorization to which
transferred.
(b) Limitations.--(1) The total amount of authorizations
transferred under the authority of this section may not
exceed $50,000,000.
(2) The authority provided by this section to transfer
authorizations--
(A) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(B) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect of Transfers on Accounts.--A transfer made from
one account to another under the authority of this section
shall be deemed to increase the amount authorized for the
account to which the amount is transferred by an amount equal
to the amount transferred.
(d) Congressional Notification.--The Secretary of Defense
shall promptly notify Congress of transfers made under the
authority of this section.
SEC. 218. KINETIC ENERGY TACTICAL ANTI-SATELLITE TECHNOLOGY
PROGRAM.
(a) Funding.--Of the funds authorized to be appropriated
under section 201(4), $80,000,000 shall be available for the
kinetic energy tactical anti-satellite technology program.
(b) Limitation.--None of the funds authorized to be
appropriated to the Department of Defense for fiscal year
1998 for program element 65104D, relating to technical
studies and analyses, may be obligated or expended until the
funds specified in subsection (a) have been released to the
program manager of the tactical kinetic energy anti-satellite
technology program for implementation of that program.
SEC. 219. CLEMENTINE 2 MICRO-SATELLITE DEVELOPMENT PROGRAM.
(a) Funding.--Of the amount authorized to be appropriated
under section 201(3), $50,000,000 shall be available for the
Clementine 2 micro-satellite near-earth asteroid interception
mission.
(b) Limitation.--Of the funds authorized to be appropriated
pursuant to this Act in program element 64480F for the Global
Positioning System Block IIF satellite system, not more than
$35,000,000 may be obligated until the Secretary of Defense
certifies to Congress that the Secretary has made available
for obligation the funds appropriated pursuant to subsection
(a) for the purpose specified in that subsection.
Subtitle C--Ballistic Missile Defense Programs
SEC. 221. NATIONAL MISSILE DEFENSE PROGRAM.
(a) Program Structure.--To preserve the option of achieving
an initial operational capability in fiscal year 2003, the
Secretary of Defense shall ensure that the National Missile
Defense Program is structured and programmed for funding so
as to support a test, in fiscal year 1999, of an integrated
national missile defense system that is representative of the
national missile defense system architecture that could
achieve initial operational capability in fiscal year 2003.
(b) Elements of NMD System.--The national missile defense
system architecture specified in subsection (a) shall consist
of the following elements:
(1) An interceptor system that optimizes defensive coverage
of the continental United States, Alaska, and Hawaii against
limited ballistic missile attack (whether accidental,
unauthorized, or deliberate).
(2) Ground-based radars.
(3) Space-based sensors.
(4) Battle management, command, control, and communications
(BM/C3).
(c) Plan for NMD System Development and Deployment.--Not
later than February 15, 1998, the Secretary of Defense shall
submit to the congressional defense committees a plan for the
development and deployment of a national missile defense
system that could achieve initial operational capability in
fiscal year 2003. The plan shall include the following
matters:
(1) A detailed description of the system architecture
selected for development.
(2) A discussion of the justification for the selection of
that particular architecture.
(3) The Secretary's estimate of the amounts of the
appropriations that would be necessary for research,
development, test, evaluation, and for procurement for each
of fiscal years 1999 through 2003 in order to achieve an
initial operational capability of the system architecture in
fiscal year 2003.
(4) For each activity necessary for the development and
deployment of the national missile defense system
architecture selected by the Secretary that would at some
point conflict with the terms of the ABM Treaty, if any--
(A) a description of the activity;
(B) a description of the point at which the activity would
conflict with the terms of the ABM Treaty;
(C) the legal analysis justifying the Secretary's
determination regarding the point at which the activity would
conflict with the terms of the ABM Treaty; and
(D) an estimate of the time at which such point would be
reached in order to achieve a test of an integrated missile
defense system in fiscal year 1999 and initial operational
capability of such a system in fiscal year 2003.
(d) Funding for Fiscal Year 1998.--Of the funds authorized
to be appropriated under section 201(4), $978,091,000 shall
be available for the national missile defense program.
(e) ABM Treaty Defined.--In this section, the term ``ABM
Treaty'' means the Treaty Between the United States of
America and the Union of Soviet Socialist Republics on the
Limitation of Anti-Ballistic Missile Systems, signed at
Moscow on May 26, 1972, and includes the Protocol to that
treaty, signed at Moscow on July 3, 1974.
SEC. 222. REVERSAL OF DECISION TO TRANSFER PROCUREMENT FUNDS
FROM THE BALLISTIC MISSILE DEFENSE
ORGANIZATION.
(a) Transfers Required.--The Secretary of Defense shall--
(1) transfer to appropriations available to the Ballistic
Missile Defense Organization for procurement for fiscal year
1998 the amounts that were transferred to accounts of the
Army, Navy, Air Force, and Marine Corps pursuant to Program
Budget Decision 224C3, signed by the Under Secretary of
Defense (Comptroller) on December 23, 1996; and
(2) ensure that, in the future-years defense program, the
procurement funding covered by that program budget decision
is programmed for appropriations accounts of the Ballistic
Missile Defense Organization rather than appropriations
accounts of the Armed Forces.
(b) Relationship to Other Transfer Authority.--The transfer
authority provided in subsection (a) is in addition to the
transfer authority provided in section 1001.
Subtitle D--Other Matters
SEC. 231. MANUFACTURING TECHNOLOGY PROGRAM.
Section 2525(c)(2) of title 10, United States Code, is
amended to read as follows:
``(2) In order to promote increased dissemination and use
of manufacturing technology throughout the national defense
technology and industrial base, the Secretary shall seek, to
the maximum extent practicable, the participation of
manufacturers of manufacturing equipment in the projects
under the program.''.
SEC. 232. USE OF MAJOR RANGE AND TEST FACILITY INSTALLATIONS
BY COMMERCIAL ENTITIES.
(a) Extension of Authority.--Subsection (g) of section 2681
of title 10, United States Code, is amended by striking out
``1998'' and inserting in lieu thereof ``2001''.
(b) Additional Reporting Requirement.--Subsection (h) of
such section is amended--
(1) by striking out ``Report.--'' and inserting in lieu
thereof ``Reports.--(1)''; and
(2) by adding at the end the following:
``(2) Not later than February 15, 1998, the Secretary of
Defense shall submit to the Committee on Armed Services of
the Senate and the Committee on National Security of the
House of Representatives a report identifying existing and
proposed procedures to ensure that the use of Major Range and
Test Facility Installations by commercial entities does not
compete with private sector test and evaluation services.''.
(c) Repeal of Reporting Requirements When Executed.--
Effective on October 1, 1998, subsection (h) of such section
is repealed.
SEC. 233. ELIGIBILITY FOR THE DEFENSE EXPERIMENTAL PROGRAM TO
STIMULATE COMPETITIVE RESEARCH.
Section 257 of the National Defense Authorization Act for
Fiscal Year 1995 (10 U.S.C. 2358 note) is amended by adding
at the end the following:
``(f) State Defined.--In this section, the term `State'
means a State of the United States, the District of Columbia,
Puerto Rico, Guam, the Virgin Islands of the United States,
American Samoa, and the Commonwealth of the Northern Mariana
Islands.''.
SEC. 234. RESTRUCTURING OF NATIONAL OCEANOGRAPHIC PARTNERSHIP
PROGRAM ORGANIZATIONS.
(a) National Ocean Research Leadership Council.--Section
7902 of title 10, United States Code, is amended--
(1) in subsection (b)--
(A) by striking out paragraphs (11), (14), (15), (16) and
(17); and
(B) by redesignating paragraphs (12) and (13) as paragraphs
(11) and (12), respectively;
(2) by striking out subsection (d); and
(3) by redesignating subsections (e), (f), (g), (h), and
(i) as subsections (d), (e), (f), (g), and (h), respectively.
(b) Ocean Research Advisory Panel.--(1) Section 7903(a) of
such title is amended by striking out ``government, academia,
and industry'' and inserting in lieu thereof ``State
governments, academia, and ocean industries''.
(2) Section 282(c) of the National Defense Authorization
Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2473)
is amended by striking out ``January 1, 1997'' and inserting
in lieu thereof ``January 1, 1998''.
(c) Conforming Amendments.--Section 282 of the National
Defense Authorization Act for Fiscal Year 1997 is amended--
(1) by striking out subsection (b); and
(2) by redesignating subsections (c), (d), (e), and (f) as
subsections (b), (c), (d), and (e), respectively.
(d) Effective Date.--The amendments made by subsection (a)
and (b) shall be effective as of September 23, 1996, as if
included in section 282 of Public Law 104-201.
[[Page S5819]]
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 1998 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for operation and
maintenance, in amounts as follows:
(1) For the Army, $17,194,284,000.
(2) For the Navy, $21,681,330,000.
(3) For the Marine Corps, $2,379,445,000.
(4) For the Air Force, $18,861,685,000.
(5) For Defense-wide activities, $10,280,838,0000.
(6) For the Army Reserve, $1,212,891,000.
(7) For the Naval Reserve, $834,711,000.
(8) For the Marine Corps Reserve, $110,366,000.
(9) For the Air Force Reserve, $1,624,420,000.
(10) For the Army National Guard, $2,288,932,000.
(11) For the Air National Guard, $2,991,219,000.
(12) For the Defense Inspector General, $136,580,000.
(13) For the United States Court of Appeals for the Armed
Forces, $6,952,000.
(14) For Environmental Restoration, Army, $350,337,000.
(15) For Environmental Restoration, Navy, $257,500,000.
(16) For Environmental Restoration, Air Force,
$351,900,000.
(17) For Environmental Restoration, Defense-Wide,
$25,900,000.
(18) For Environmental Restoration, Formerly Used Defense
Sites, $188,300,000.
(19) For Overseas Contingency Operations, $1,467,500,000.
(20) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $660,882,000.
(21) For Medical Programs, Defense, $9,954,782,000.
(22) For Former Soviet Union Threat Reduction programs,
$322,000,000.
(23) For Overseas Humanitarian Demining and CINC Initiative
activities, $40,130,000.
(24) For the Kaho'olawe Island Conveyance, Remediation, and
Environmental Restoration Trust Fund, $10,000,000.
SEC. 302. WORKING-CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal
year 1998 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
providing capital for working-capital and revolving funds in
amounts as follows:
(1) For the Defense Working-Capital Fund, $33,400,000.
(2) For the National Defense Sealift Fund, $516,126,000.
(3) For the Military Commissary Fund, $938,552,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal
year 1998 from the Armed Forces Retirement Home Trust Fund
the sum of $79,977,000 for the operation of the Armed Forces
Retirement Home, including the United States Soldiers' and
Airmen's Home and the Naval Home.
SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE
TRANSACTION FUND.
(a) Transfer Authority.--To the extent provided in
appropriations Acts, not more than $150,000,000 is authorized
to be transferred from the National Defense Stockpile
Transaction Fund to operation and maintenance accounts for
fiscal year 1998 in amounts as follows:
(1) For the Army, $50,000,000.
(2) For the Navy, $50,000,000.
(3) For the Air Force, $50,000,000.
(b) Treatment of Transfers.--Amounts transferred under this
section--
(1) shall be merged with, and be available for the same
purposes and the same period as, the amounts in the accounts
to which transferred; and
(2) may not be expended for an item that has been denied
authorization of appropriations by Congress.
(c) Relationship to Other Transfer Authority.--The transfer
authority provided in this section is in addition to the
transfer authority provided in section 1001.
SEC. 305. FISHER HOUSE TRUST FUNDS.
Funds are hereby authorized to be appropriated for fiscal
year 1998, out of funds in Fisher House Trust Funds not
otherwise appropriated, for the operation and maintenance of
Fisher houses described in section 2221(d) of title 10,
United States Code, as follows:
(1) The Fisher House Trust Fund, Department of the Army,
$150,000 for Fisher houses that are located in proximity to
medical treatment facilities of the Army.
(2) The Fisher House Trust Fund, Department of the Navy,
$150,000 for Fisher houses that are located in proximity to
medical treatment facilities of the Navy.
Subtitle B--Depot-Level Activities
SEC. 311. DEFINITION OF DEPOT-LEVEL MAINTENANCE AND REPAIR.
(a) Depot-Level Maintenance and Repair Defined.--Chapter
146 of title 10, United States Code, is amended by inserting
before section 2461 the following new section:
``Sec. 2460. Definition of depot-level maintenance and repair
``(a) In General.--In this chapter, the term `depot-level
maintenance and repair' means materiel maintenance or repair
requiring the overhaul or rebuilding of parts, assemblies, or
subassemblies, and the testing and reclamation of equipment
as necessary, regardless of the source of funds for the
maintenance or repair. The term includes all aspects of
software maintenance and such portions of interim contractor
support, contractor logistics support, or any similar
contractor support for the performance of services that are
described in the preceding sentence.
``(b) Exception.--The term does not include the following:
``(1) Ship modernization activities that were not
considered to be depot-level maintenance and repair
activities under regulations of the Department of Defense in
effect on March 30, 1997.
``(2) A procurement of a modification or upgrade of a major
weapon system.''
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting before the
item relating to section 2461 the following new item:
``2460. Definition of depot-level maintenance and repair.''.
SEC. 312. RESTRICTIONS ON CONTRACTS FOR PERFORMANCE OF DEPOT-
LEVEL MAINTENANCE AND REPAIR AT CERTAIN
FACILITIES.
Section 2469 of title 10, United States Code, is amended--
(1) in subsections (a) and (b), by striking out ``or
repair'' and inserting in lieu thereof ``and repair''; and
(2) by adding at the end the following new subsection:
``(d) Restriction on Contracts at Certain Facilities.--
``(1) Restriction.--The Secretary of Defense may not enter
into any contract for the performance of depot-level
maintenance and repair of weapon systems or other military
equipment of the Department of Defense, or for the
performance of management functions related to depot-level
maintenance and repair of such systems or equipment, at any
military installation of the Air Force where a depot-level
maintenance and repair facility was approved in 1995 for
closure or realignment under the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note). In the preceding sentence, the
term `military installation of the Air Force' includes a
former military installation closed or realigned under the
Act that was a military installation of the Air Force when it
was approved for closure or realignment under the Act.
``(2) Exception.--Paragraph (1) shall not apply with
respect to an installation or former installation described
in such paragraph if the Secretary of Defense certifies to
Congress, not later than 45 days before entering into a
contract for performance of depot-level maintenance and
repair at the installation or former installation, that--
``(A) not less than 75 percent of the capacity at each of
the depot-level maintenance and repair activities of the Air
Force is being utilized on an ongoing basis to perform
industrial operations in support of the depot-level
maintenance and repair of weapon systems and other military
equipment of the Department of Defense;
``(B) the Secretary has determined, on the basis of a
detailed analysis (which the Secretary shall submit to
Congress with the certification), that the total amount of
the costs of the proposed contract to the Government, both
recurring and nonrecurring and including any costs associated
with planning for and executing the proposed contract, would
be less than the costs that would otherwise be incurred if
the depot-level maintenance and repair to be performed under
the contract were performed using equipment and facilities of
the Department of Defense;
``(C) all of the information upon which the Secretary
determined that the total costs to the Government would be
less under the contract is available for examination; and
``(D) none of the depot-level maintenance and repair to be
performed under the contract was considered, before July 1,
1995, to be a core logistics capability of the Air Force
pursuant to section 2464 of this title.
``(3) Capacity of depot-level activities.--For purposes of
paragraph (2)(A), the capacity of depot-level maintenance and
repair activities shall be considered to be the same as the
maximum potential capacity identified by the Defense Base
Closure and Realignment Commission for purposes of the
selection in 1995 of military installations for closure or
realignment under the Defense Base Closure and Realignment
Act of 1990, without regard to any limitation on the maximum
number of Federal employees (expressed as full time
equivalent employees or otherwise) in effect after 1995,
Federal employment levels after 1995, or the actual
availability of equipment to support depot-level maintenance
and repair after 1995.
``(4) GAO review.--At the same time that the Secretary
submits the certification and analysis to Congress under
paragraph (2), the Secretary shall submit a copy of the
certification and analysis to the Comptroller General. The
Comptroller General shall review the analysis and the
information referred to in subparagraph (C) of paragraph (2)
and, not later than 30 days after Congress receives the
certification, submit to Congress a report containing a
statement regarding whether the Comptroller General concurs
with the determination of the Secretary included in the
certification pursuant to subparagraph (B) of that paragraph.
``(5) Application.--This subsection shall apply with
respect to any contract described
[[Page S5820]]
in paragraph (1) that is entered into, or proposed to be
entered into, after January 1, 1997.''.
SEC. 313. CORE LOGISTICS FUNCTIONS OF DEPARTMENT OF DEFENSE.
Section 2464(a) of title 10, United States Code, is
amended--
(1) in paragraph (1), by striking out ``a logistics
capability (including personnel, equipment, and facilities)''
and inserting in lieu thereof ``a core logistics capability
that is Government-owned and Government-operated (including
Federal Government personnel and Government-owned and
Government-operated equipment and facilities)'';
(2) in paragraph (2)--
(A) by inserting ``core'' before ``logistics''; and
(B) by adding at the end the following: ``Each year, the
Secretary of Defense shall submit to Congress a report
describing each logistics capability that the Secretary
identifies as a core logistics capability.''; and
(3) by adding at the end the following new paragraphs:
``(3) Those core logistics activities identified under
paragraphs (1) and (2) shall include the capability,
facilities, and equipment to maintain and repair the types of
weapon systems and other military equipment (except systems
and equipment under special access programs and aircraft
carriers) that are identified by the Secretary, in
consultation with the Joint Chiefs of Staff, as necessary to
enable the armed forces to fulfill the contingency plans
prepared under the responsibility of the Chairman of the
Joint Chiefs of Staff set forth in section 153(a)(3) of this
title.
``(4) The Secretary of Defense shall require the
performance of core logistics functions identified under
paragraphs (1), (2), and (3) at Government-owned, Government-
operated facilities of the Department of Defense (including
Government-owned, Government-operated facilities of a
military department) and shall assign such facilities the
minimum workloads necessary to ensure cost efficiency and
technical proficiency in peacetime while preserving the surge
capacity and reconstitution capabilities necessary to support
fully the contingency plans referred to in paragraph (3).''.
SEC. 314. PERCENTAGE LIMITATION ON PERFORMANCE OF DEPOT-LEVEL
MAINTENANCE OF MATERIEL.
(a) Performance in Non-Government Facilities.--Subsection
(a) of section 2466 of title 10, United States Code, is
amended to read as follows:
``(a) Percentage Limitation.--(1) Except as provided in
paragraph (2), not more than 50 percent of the funds made
available in a fiscal year to a military department or a
Defense Agency for depot-level maintenance and repair
workload may be used to contract for the performance of such
workload in facilities other than Government-owned,
Government-operated facilities.
``(2) In the administration of paragraph (1) for fiscal
years ending before October 1, 1998, the percentage specified
in that paragraph shall be deemed to be 40 percent.''.
(b) Treatment of Performance by Public-Private
Partnership.--Such section is further amended by inserting
after subsection (a), as amended by subsection (a), the
following:
``(b) Treatment of Performance by Public-Private
Partnership.--For the purposes of subsection (a), any
performance of a depot-level maintenance and repair workload
by a public-private partnership formed under section 2474(b)
of this title shall be treated as performance of the workload
in a Government-owned, Government-operated facility.''.
SEC. 315. CENTERS OF INDUSTRIAL AND TECHNICAL EXCELLENCE.
(a) Designation and Purpose.--(1) Chapter 146 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2474. Centers of Industrial and Technical Excellence:
designation; public-private partnerships
``(a) Designation.--(1) The Secretary of Defense shall
designate each depot-level activity of the military
departments and the Defense Agencies (other than facilities
recommended for closure or major realignment under the
Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note)) as a
Center of Industrial and Technical Excellence in the
recognized core competencies of the activity.
``(2) The Secretary shall establish a policy to encourage
the Secretary of each military department and the head of
each Defense Agency to reengineer industrial processes and
adopt best-business practices at their depot-level activities
in connection with their core competency requirements, so as
to serve as recognized leaders in their core competencies
throughout the Department of Defense and in the national
technology and industrial base (as defined in section 2491(1)
of this title).
``(b) Public-Private Partnerships.--The Secretary of
Defense shall enable Centers of Industrial and Technical
Excellence to form public-private partnerships for the
performance of depot-level maintenance and repair at such
centers and shall encourage the use of such partnerships to
maximize the utilization of the capacity at such Centers.
``(c) Additional Work.--The policy required under
subsection (a) shall include measures to enable a private
sector entity that enters into a partnership arrangement
under subsection (b) or leases excess equipment and
facilities at a Center of Industrial and Technical Excellence
pursuant to section 2471 of this title to perform additional
work at the Center, subject to the limitations outlined in
subsection (b) of such section, outside of the types of work
normally assigned to the Center.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``2474. Centers of Industrial and Technical Excellence: designation;
public-private partnerships.''.
(b) Reporting Requirement.--Not later than March 1, 1998,
the Secretary of Defense shall submit to Congress a report
describing the policies established by the Secretary pursuant
to section 2474 of title 10, United States Code (as added by
subsection (a)), to carry out that section.
SEC. 316. CLARIFICATION OF PROHIBITION ON MANAGEMENT OF DEPOT
EMPLOYEES BY CONSTRAINTS ON PERSONNEL LEVELS.
Section 2472(a) of title 10, United States Code, is amended
by striking out the first sentence and inserting in lieu
thereof the following: ``The civilian employees of the
Department of Defense, including the civilian employees of
the military departments and the Defense Agencies, who
perform, or are involved in the performance of, depot-level
maintenance and repair workloads may not be managed on the
basis of any constraint or limitation in terms of man years,
end strength, full-time equivalent positions, or maximum
number of employees.''.
SEC. 317. ANNUAL REPORT ON DEPOT-LEVEL MAINTENANCE AND
REPAIR.
Subsection (e) of section 2466 of title 10, United States
Code, is amended to read as follows:
``(e) Report.--(1) Not later than February 1 of each year,
the Secretary of Defense shall submit to Congress a report
identifying, for each military department and Defense
Agency--
``(A) the percentage of the funds referred to in subsection
(a) that were used during the preceding fiscal year for
performance of depot-level maintenance and repair workloads
in Government-owned, Government-operated facilities; and
``(B) the percentage of the funds referred to in subsection
(a) that were used during the preceding fiscal year to
contract for the performance of depot-level maintenance and
repair workloads in facilities that are not owned and
operated by the Federal Government.
``(2) Not later than 90 days after the date on which the
Secretary submits the annual report under paragraph (1), the
Comptroller General shall submit to the Committees on Armed
Services and on Appropriations of the Senate and the
Committees on National Security and on Appropriations of the
House of Representatives the Comptroller's views on whether
the Department of Defense has complied with the requirements
of subsection (a) for the fiscal year covered by the
report.''.
SEC. 318. REPORT ON ALLOCATION OF CORE LOGISTICS ACTIVITIES
AMONG DEPARTMENT OF DEFENSE FACILITIES AND
PRIVATE SECTOR FACILITIES.
(a) Report.--Not later than May 31, 1998, the Secretary of
Defense shall submit to Congress a report on the allocation
among facilities of the Department of Defense and facilities
in the private sector of the logistics activities that are
necessary to maintain and repair the weapon systems and other
military equipment identified by the Secretary, in
consultation with the Joint Chiefs of Staff, as being
necessary to enable the Armed Forces to conduct a strategic
or major theater war.
(b) Elements.--The report under subsection (a) shall set
forth the following:
(1) The systems or equipment identified under subsection
(a) that must be maintained and repaired in Government-owned,
Government-operated facilities, using personnel and equipment
of the Department, as a result of the Secretary's
determination that--
(A) the work involves unique or valuable workforce skills
that should be maintained in the public sector in the
national interest;
(B) the base of private sector sources having the
capability to perform the workloads includes industry sectors
that are vulnerable to work stoppages;
(C) the private sector sources having the capability to
perform the workloads have insufficient workforce levels or
skills to perform the depot-level maintenance and repair
workloads--
(i) in the quantity necessary, or as rapidly as the
Secretary considers necessary, to enable the armed forces to
fulfill the national military strategy; or
(ii) without a significant disruption or delay in the
maintenance and repair of equipment;
(D) the need for performance of workloads is too
infrequent, cyclical, or variable to sustain a reliable base
of private sector sources having the workforce levels or
skills to perform the workloads;
(E) the market conditions or workloads are insufficient to
ensure that the price of private sector performance of the
workloads can be controlled through competition or other
means;
(F) private sector sources are not adequately responsive to
the requirements of the Department for rapid, cost-effective,
and flexible response to surge requirements or other
contingency situations, including
[[Page S5821]]
changes in the mix or priority of previously scheduled
workloads and reassignment of employees to different
workloads without the requirement for additional contractual
negotiations;
(G) private sector sources are less willing to assume
responsibility for performing the workload as a result of the
possibility of direct military or terrorist attack; or
(H) private sector sources cannot maintain continuity of
workforce expertise as a result of high rates of employee
turnover.
(2) The systems or equipment identified under subsection
(a) that must be maintained and repaired in Government-owned
facilities, whether Government operated or contractor-
operated, as a result of the Secretary's determination that--
(A) the work involves facilities, technologies, or
equipment that are unique and sufficiently valuable that the
facilities, technologies, or equipment must be maintained in
the public sector in the national interest;
(B) the private sector sources having the capability to
perform the workloads have insufficient facilities,
technology, or equipment to perform the depot-level
maintenance and repair workloads--
(i) in the quantity necessary, or as rapidly as the
Secretary considers necessary, to enable the armed forces to
fulfill the national military strategy; or
(ii) without a significant disruption or delay in the
maintenance and repair of equipment; or
(C) the need for performance of workloads is too
infrequent, cyclical, or variable to sustain a reliable base
of private sector sources having the facilities, technology,
or equipment to perform the workloads.
(3) The systems or equipment identified under subsection
(a) that may be maintained and repaired in private sector
facilities.
(4) The approximate percentage of the total maintenance and
repair workload of the Department of Defense necessary for
the systems and equipment identified under subsection (a)
that would be performed at Department of Defense facilities,
and at private sector facilities, as a result of the
determinations made for purposes of paragraphs (1), (2), and
(3).
SEC. 319. REVIEW OF USE OF TEMPORARY DUTY ASSIGNMENTS FOR
SHIP REPAIR AND MAINTENANCE.
(a) Findings.--Congress makes the following findings:
(1) In order to reduce the time that the crew of a naval
vessel is away from the homeport of the vessel, the Navy
seeks to perform ship repair and maintenance of the vessel at
the homeport of the vessel whenever it takes six months or
less to accomplish the work involved.
(2) At the same time, the Navy seeks to distribute ship
repair and maintenance work among the Navy shipyards (known
as to ``level load'') in order to more fully utilize
personnel resources.
(3) During periods when a Navy shipyard is not utilized to
its capacity, the Navy sometimes sends workers at the
shipyard, on a temporary duty basis, to perform ship repairs
and maintenance at a homeport not having a Navy shipyard.
(4) This practice is a more efficient use of civilian
employees who might otherwise not be fully employed on work
assigned to Navy shipyards.
(b) GAO Review and Report.--(1) The Comptroller General of
the United States shall review the Navy's practice of using
temporary duty assignments of personnel to perform ship
maintenance and repair work at homeports not having Navy
shipyards. The review shall include the following:
(A) An assessment of the rationale, conditions, and factors
supporting the Navy's practice.
(B) A determination of whether the practice is cost-
effective.
(C) The factors affecting future requirements for, and the
adherence to, the practice, together with an assessment of
the factors.
(2) Not later than May 1, 1998, the Comptroller General
shall submit a report on the review to the Committee on Armed
Services of the Senate and the Committee on National Security
of the House of Representatives.
SEC. 320. REPEAL OF A CONDITIONAL REPEAL OF CERTAIN DEPOT-
LEVEL MAINTENANCE AND REPAIR LAWS AND A RELATED
REPORTING REQUIREMENT.
Section 311 of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 247; 10
U.S.C. 2464 note) is amended by striking out subsections (f)
and (g).
SEC. 321. EXTENSION OF AUTHORITY FOR NAVAL SHIPYARDS AND
AVIATION DEPOTS TO ENGAGE IN DEFENSE-RELATED
PRODUCTION AND SERVICES.
Section 1425(e) of the National Defense Authorization Act
for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1684) is
amended by striking out ``September 30, 1997'' and inserting
in lieu thereof ``September 30, 1998''.
Subtitle C--Environmental Provisions
SEC. 331. CLARIFICATION OF AUTHORITY RELATING TO STORAGE AND
DISPOSAL OF NONDEFENSE TOXIC AND HAZARDOUS
MATERIALS ON DEPARTMENT OF DEFENSE PROPERTY.
(a) Materials of Members and Dependents.--Subsection (a)(1)
of section 2692 of title 10, United States Code, is amended
by inserting ``or by a member of the armed forces (or a
dependent of a member) living on the installation'' before
the period at the end.
(b) Storage of Materials Connected with Compatible Use.--
Subsection (b)(8) of such section is amended--
(1) by striking out ``by a private person'';
(2) by striking out ``by that private person of an
industrial-type'' and inserting in lieu thereof ``of a''; and
(3) by striking out ``; and'' and inserting in lieu thereof
``, including a space launch facility located on a Department
of Defense installation or other land controlled by the
United States and a Department of Defense facility for
testing materiel or training personnel;''.
(c) Treatment and Disposal of Materials Connected with
Compatible Use.--Subsection (b)(9) of such section is
amended--
(1) by striking out ``by a private person'';
(2) by striking out ``commercial use by that person of an
industrial-type'' and inserting in lieu thereof ``use of a'';
(3) by striking out ``with that person'' and inserting in
lieu thereof ``with the prospective user''; and
(4) in subparagraph (B), by striking out ``for that
person's'' and inserting in lieu thereof ``for the
prospective user's''.
(d) Additional Authority.--Subsection (b) of such section
is further amended--
(1) by striking out the period at the end of paragraph (9)
and inserting in lieu thereof ``; and''; and
(2) by adding at the end the following:
``(10) the storage of materials that will be used in
connection with an activity of the Department of Defense or
in connection with a service performed for the benefit of the
Department of Defense or the disposal of materials that have
been used in such connection.''.
SEC. 332. ANNUAL REPORT ON PAYMENTS AND ACTIVITIES IN
RESPONSE TO FINES AND PENALTIES ASSESSED UNDER
ENVIRONMENTAL LAWS.
(a) Annual Reports.--Section 2706(b)(2) of title 10, United
States Code, is amended by adding at the end the following:
``(H) A statement of the fines and penalties imposed or
assessed against the Department of Defense under Federal,
State, or local environmental law during the fiscal year
preceding the fiscal year in which the report is submitted,
which statement sets forth--
``(i) each Federal environmental statute under which a fine
or penalty was imposed or assessed during the fiscal year;
``(ii) with respect to each such statute--
``(I) the aggregate amount of fines and penalties imposed
or assessed during the fiscal year;
``(II) the aggregate amount of fines and penalties paid
during the fiscal year;
``(III) the total amount required to meet commitments to
environmental enforcement authorities under agreements
entered into by the Department of Defense during the fiscal
year for supplemental environmental projects agreed to in
lieu of the payment of fines or penalties; and
``(IV) the number of fines and penalties imposed or
assessed during the fiscal year that were--
``(aa) $10,000 or less;
``(bb) more than $10,000, but not more than $50,000;
``(cc) more than $50,000, but not more than $100,000; and
``(dd) more than $100,000; and
``(iii) with respect to each fine or penalty set forth
under clause (ii)(IV)(dd)--
``(I) the installation or facility to which the fine or
penalty applies; and
``(II) the agency that imposed or assessed the fine or
penalty.''.
(b) Report in Fiscal Year 1998.--The statement submitted by
the Secretary of Defense under subparagraph (H) of section
2706(b)(2) of title 10, United States Code, as added by
subsection (a), in 1998 shall, to the maximum extent
practicable, include the information required by that
subparagraph for each of fiscal years 1994 through 1997.
SEC. 333. ANNUAL REPORT ON ENVIRONMENTAL ACTIVITIES OF THE
DEPARTMENT OF DEFENSE OVERSEAS.
Section 2706 of title 10, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Report on Environmental Activities Overseas.--(1) The
Secretary of Defense shall submit to Congress each year, not
later than 30 days after the date on which the President
submits to Congress the budget for a fiscal year, a report on
the environmental activities of the Department of Defense
overseas.
``(2) Each such report shall include the following:
``(A) A statement of the funding levels and full-time
personnel required for the Department of Defense to comply
during such fiscal year with each requirement under a treaty,
law, contract, or other agreement for environmental
restoration or compliance activities.
``(B) A statement of the funds to be expended by the
Department of Defense during such fiscal year in carrying out
other activities relating to the environment overseas,
including conferences, meetings, and studies for pilot
programs and travel related to such activities.''.
[[Page S5822]]
SEC. 334. MEMBERSHIP TERMS FOR STRATEGIC ENVIRONMENTAL
RESEARCH AND DEVELOPMENT PROGRAM SCIENTIFIC
ADVISORY BOARD.
(a) Terms.--Section 2904(b)(4) of title 10, United States
Code, is amended by striking out ``three'' and inserting in
lieu thereof ``not less than two or more than four''.
(b) Applicability.--The amendment made by subsection (a)
shall apply to appointments to the Strategic Environmental
Research and Development Program Scientific Advisory Board
made before, on, or after the date of enactment of this Act.
SEC. 335. ADDITIONAL INFORMATION ON AGREEMENTS FOR AGENCY
SERVICES IN SUPPORT OF ENVIRONMENTAL TECHNOLOGY
CERTIFICATION.
(a) Additional Information.--Subsection (d) of section 327
of the National Defense Authorization Act for Fiscal Year
1997 (Public Law 104-201; 110 Stat. 2483; 10 U.S.C. 2702
note) is amended by adding at the end the following:
``(5) A statement of the funding that will be required to
meet commitments made to State and local governments under
agreements entered into during the fiscal year preceding the
fiscal year in which the report is submitted.
``(6) A description of any cost-sharing arrangement under
any cooperative agreement entered into under this section.''.
(b) Guidelines for Reimbursement and Cost-Sharing.--Not
later than 90 days after the date of enactment of this Act,
the Secretary of Defense shall submit to Congress a report
setting forth the guidelines established by the Secretary for
reimbursement of State and local governments, and for cost-
sharing between the Department of Defense, such governments,
and vendors, under agreements entered into under such section
327.
SEC. 336. RISK ASSESSMENTS UNDER THE DEFENSE ENVIRONMENTAL
RESTORATION PROGRAM.
(a) In General.--In carrying out risk assessments as part
of the evaluation of facilities of the Department of Defense
for purposes of allocating funds and establishing priorities
for environmental restoration projects at such facilities
under the Defense Environmental Restoration Program, the
Secretary of Defense shall--
(1) utilize a risk assessment method that meets the
requirements in subsection (b); and
(2) ensure the uniform and consistent utilization of the
risk assessment method in all evaluations of facilities under
the program.
(b) Risk Assessment Method.--The risk assessment method
utilized under subsection (a) shall--
(1) take into account as a separate factor of risk--
(A) the extent to which the contamination level of a
particular contaminant exceeds the permissible contamination
level for the contaminant;
(B) the existence and extent of any population (including
human populations and natural populations) potentially
affected by the contaminant; and
(C) the existence and nature of any mechanism that would
cause the population to be affected by the contaminant; and
(2) provide appropriately for the significance of any such
factor in the final determination of risk.
(c) Defense Environmental Restoration Program Defined.--In
this section, the term ``Defense Environmental Restoration
Program'' means the program of environmental restoration
carried out under chapter 160 of title 10, United States
Code.
SEC. 337. RECOVERY AND SHARING OF COSTS OF ENVIRONMENTAL
RESTORATION AT DEPARTMENT OF DEFENSE SITES.
(a) Guidelines.--
(1) In general.--The Secretary of Defense shall prescribe
in regulations guidelines concerning the cost-recovery and
cost-sharing activities of the military departments and
defense agencies.
(2) Covered matters.--The guidelines prescribed under
paragraph (1) shall--
(A) establish uniform requirements relating to cost-
recovery and cost-sharing activities for the military
departments and defense agencies;
(B) require the Secretaries of the military departments and
the heads of the defense agencies to obtain all appropriate
data regarding activities of contractors of the Department or
other private parties responsible for environmental
contamination at Department sites that is relevant for
purposes of cost-recovery and cost-sharing activities;
(C) require the Secretaries of the military departments and
the heads of the defense agencies to use consistent methods
in estimating the costs of environmental restoration at sites
under the jurisdiction of such departments and agencies for
purposes of reports to Congress on such costs;
(D) require the Secretaries of the military departments to
reduce the amounts requested for environmental restoration
activities of such departments for a fiscal year by the
amounts anticipated to be recovered in the preceding fiscal
year as a result of cost-recovery and cost-sharing
activities; and
(E) resolve any unresolved issues regarding the crediting
of amounts recovered as a result of such activities under
section 2703(d) of title 10, United States Code.
(b) Implementation of Guidelines.--The Secretary shall take
appropriate actions to ensure the implementation of the
guidelines prescribed under subsection (a), including
appropriate requirements to--
(1) identify contractors of the Department and other
private parties responsible for environmental contamination
at Department sites;
(2) review the activities of contractors of the Department
and other private parties in order to identify negligence or
other misconduct in such activities that would preclude
Department indemnification for the costs of environmental
restoration relating to such contamination or justify the
recovery or sharing of costs associated with such
restoration;
(3) obtain data as provided for under subsection (a)(2)(B);
and
(4) pursue cost-recovery and cost-sharing activities where
appropriate.
(c) Definition.--In this section, the term ``cost-recovery
and-cost sharing activities'' means activities concerning--
(1) the recovery of the costs of environmental restoration
at Department sites from contractors of the Department and
other private parties that contribute to environmental
contamination at such sites; and
(2) the sharing of the costs of such restoration with such
contractors and parties.
SEC. 338. PILOT PROGRAM FOR THE SALE OF AIR POLLUTION
EMISSION REDUCTION INCENTIVES.
(a) Authority.--(1) The Secretary of Defense may, in
consultation with the Administrator of General Services,
carry out a pilot program to assess the feasibility and
advisability of the sale of economic incentives for the
reduction of emission of air pollutants attributable to a
facility of a military department.
(2) The Secretary may carry out the pilot program during
the period beginning on October 1, 1997, and ending on
September 30, 1999.
(b) Incentives Available for Sale.--(1) Under the pilot
program, the Secretary may sell economic incentives for the
reduction of emission of air pollutants attributable to a
facility of a military department only if such incentives are
not otherwise required for the activities or operations of
the military department.
(2) The Secretary may not, under the pilot program, sell
economic incentives attributable to the closure or
realignment of a military installation under a base closure
law.
(3) If the Secretary determines that additional sales of
economic incentives are likely to result in amounts available
for allocation under subsection (c)(2) in a fiscal year in
excess of the limitation set forth in subparagraph (B) of
that subsection, the Secretary shall not carry out such
additional sales in that fiscal year.
(c) Use of Proceeds.--(1) The proceeds of sale of economic
incentives attributable to a facility of a military
department shall be credited to the funds available to the
facility for the costs of identifying, quantifying, or
valuing economic incentives for the reduction of emission of
air pollutants. The amount credited shall be equal to the
cost incurred in identifying, quantifying, or valuing the
economic incentives sold.
(2)(A)(i) If after crediting under paragraph (1) a balance
remains, the amount of such balance shall be available to the
Department of Defense for allocation by the Secretary to the
military departments for programs, projects, and activities
necessary for compliance with Federal environmental laws,
including the purchase of economic incentives for the
reduction of emission of air pollutants.
(ii) To the extent practicable, amounts allocated to the
military departments under this subparagraph shall be made
available to the facilities that generated the economic
incentives providing the basis for the amounts.
(B) The total amount allocated under this paragraph in a
fiscal year from sales of economic incentives may not equal
or exceed $500,000.
(3) If after crediting under paragraph (1) a balance
remains in excess of an amount equal to the limitation set
forth in paragraph (2)(B), the amount of the excess shall be
covered over into the Treasury as miscellaneous receipts.
(4) Funds credited under paragraph (1) or allocated under
paragraph (2) shall be merged with the funds to which
credited or allocated, as the case may be, and shall be
available for the same purposes and for the same period as
the funds with which merged.
(d) Definitions.--In this section:
(1) The term ``base closure law'' means the following:
(A) Section 2687 of title 10, United States Code.
(B) Title II of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100-526; 10
U.S.C. 2687 note).
(C) The Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note).
(2) The term ``economic incentives for the reduction of
emission of air pollutants'' means any transferable economic
incentives (including marketable permits and emission rights)
necessary or appropriate to meet air quality requirements
under the Clean Air Act (42 U.S.C. 7401 et seq.).
SEC. 339. TAGGING SYSTEM FOR IDENTIFICATION OF HYDROCARBON
FUELS USED BY THE DEPARTMENT OF DEFENSE.
(a) Authority To Conduct Pilot Program.--The Secretary of
Defense may conduct a pilot program using existing technology
to determine--
(1) the feasibility of tagging hydrocarbon fuels used by
the Department of Defense for
[[Page S5823]]
the purposes of analyzing and identifying such fuels;
(2) the deterrent effect of such tagging on the theft and
misuse of fuels purchased by the Department; and
(3) the extent to which such tagging assists in determining
the source of surface and underground pollution in locations
having separate fuel storage facilities of the Department and
of civilian companies.
(b) System Elements.--The tagging system under the pilot
program shall have the following characteristics:
(1) The tagging system does not harm the environment.
(2) Each chemical used in the tagging system is--
(A) approved for use under the Toxic Substances Control Act
(15 U.S.C. 2601 et seq.); and
(B) substantially similar to the fuel to which added, as
determined in accordance with criteria established by the
Environmental Protection Agency for the introduction of
additives into hydrocarbon fuels.
(3) The tagging system permits a determination if a tag is
present and a determination if the concentration of a tag has
changed in order to facilitate identification of tagged fuels
and detection of dilution of tagged fuels.
(4) The tagging system does not impair or degrade the
suitability of tagged fuels for their intended use.
(c) Report.--Not later than 30 days after the completion of
the pilot program, the Secretary shall submit to Congress a
report setting forth the results of the pilot program and
including any recommendations for legislation relating to the
tagging of hydrocarbon fuels by the Department that the
Secretary considers appropriate.
(d) Funding.--Of the amounts authorized to be appropriated
under section 301(5) for operation and maintenance for
defense-wide activities, not more than $5,000,000 shall be
available for the pilot program.
Subtitle D--Commissaries and Nonappropriated Fund Instrumentalities
SEC. 351. FUNDING SOURCES FOR CONSTRUCTION AND IMPROVEMENT OF
COMMISSARY STORE FACILITIES.
(a) Additional Funding Sources.--Section 2685 of title 10,
United States Code, is amended--
(1) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Funds for Construction and Improvements.--Revenues
received by the Department of Defense from the following
sources or activities of commissary store facilities shall be
available for the purposes set forth in subsections (c), (d),
and (e):
``(1) Adjustments or surcharges authorized by subsection
(a).
``(2) Sale of recyclable materials.
``(3) Sale of excess property.
``(4) License fees.
``(5) Royalties.
``(6) Fees paid by sources of products in order to obtain
favorable display of the products for resale, known as
business related management fees.
``(7) Products offered for sale in commissaries under
consignment with exchanges, as designated by the Secretary of
Defense.''.
SEC. 352. INTEGRATION OF MILITARY EXCHANGE SERVICES.
(a) Integration Required.--The Secretaries of the military
departments shall integrate the military exchange services,
including the managing organizations of the military exchange
services, not later than September 30, 2000.
(b) Submission of Plan to Congress.--Not later than 180
days after the date of the enactment of this Act, the
Secretaries of the military departments shall submit to the
Committee on Armed Services of the Senate and the Committee
on National Security of the House of Representatives the plan
for achieving the integration required by subsection (a).
Subtitle E--Other Matters
SEC. 361. ADVANCE BILLINGS FOR WORKING-CAPITAL FUNDS.
(a) Restriction.--Section 2208 of title 10, United States
Code, is amended--
(1) by redesignating subsection (k) as subsection (l); and
(2) by inserting after subsection (j) the following new
subsection (k):
``(k)(1) An advance billing of a customer for a working-
capital fund is prohibited except as provided in paragraph
(2).
``(2) An advance billing of a customer for a working-
capital fund is authorized if--
``(A) the Secretary of Defense has submitted to the
Committees on Armed Services and on Appropriations of the
Senate and the Committees on National Security and on
Appropriations of the House of Representatives a notification
of the advance billing; and
``(B) in the case of an advance billing in an amount that
exceeds $50,000,000, thirty days have elapsed since the date
of the notification.
``(3) A notification of an advance billing of a customer
for a working-capital fund that is submitted under paragraph
(2) shall include the following:
``(A) The reasons for the advance billing.
``(B) An analysis of the effects of the advance billing on
military readiness.
``(C) An analysis of the effects of the advance billing on
the customer.
``(4) The Secretary of Defense may waive the applicability
of this subsection--
``(A) during a period war or national emergency; or
``(B) to the extent that the Secretary determines necessary
to support a contingency operation.
``(5) The Secretary of Defense shall submit to the
committees referred to in paragraph (2) a report on advance
billings for all working-capital funds whenever the aggregate
amount of the advance billings for all working-capital funds
not covered by a notification under that paragraph or a
report previously submitted under this paragraph exceeds
$50,000,000. The report shall be submitted not later than 30
days after the end of the month in which the aggregate amount
first reaches $50,000,000. The report shall include, for each
customer covered by the report, a discussion of the matters
described in paragraph (3).
``(6) In this subsection:
``(A) The term `advance billing', with respect to a
working-capital fund, means a billing of a customer by the
fund, or a requirement for a customer to reimburse or
otherwise credit the fund, for the cost of goods or services
provided (or for other expenses incurred) on behalf of the
customer that is rendered or imposed before the customer
receives the goods or before the services have been
performed.
``(B) The term `customer' means a requisitioning component
or agency.''.
(b) Reports on Advance Billings for the DBOF.--Section
2216a(d)(3) of title 10, United States Code, is amended--
(1) in subparagraph (B)(ii), by striking out
``$100,000,000'' and inserting in lieu thereof
``$50,000,000''; and
(2) by adding at the end the following:
``(D) A report required under subparagraph (B)(ii) shall be
submitted not later than 30 days after the end of the month
in which the aggregate amount referred to in that
subparagraph reaches the amount specified in that
subparagraph.''.
(c) Fiscal Year 1998 Limitation.--(1) The total amount of
advance billings for Department of Defense working-capital
funds and the Defense Business Operations Fund for fiscal
year 1998 may not exceed $1,000,000,000.
(2) In paragraph (1), the term ``advance billing'', with
respect to the working-capital funds of the Department of
Defense and the Defense Business Operations Fund, has the
same meaning as is provided with respect to working-capital
funds in section 2208(k)(6) of title 10, United States Code
(as amended by subsection (a)).
SEC. 362. CENTER FOR EXCELLENCE IN DISASTER MANAGEMENT AND
HUMANITARIAN ASSISTANCE.
(a) Establishment.--The Secretary of Defense may operate a
Center for Excellence in Disaster Management and Humanitarian
Assistance at Tripler Army Medical Center, Hawaii.
(b) Missions.--The Secretary of Defense shall specify the
missions of the Center. The missions shall include the
following:
(1) To provide and facilitate education, training, and
research in civil-military operations, particularly
operations that require international disaster management and
humanitarian assistance and operations that require
interagency coordination.
(2) To make available high-quality disaster management and
humanitarian assistance in response to disasters.
(3) To provide and facilitate education, training,
interagency coordination, and research on the following
additional matters:
(A) Management of the consequences of nuclear, biological,
and chemical events.
(B) Management of the consequences of terrorism.
(C) Appropriate roles for the reserve components in the
management of such consequences and in disaster management
and humanitarian assistance in response to natural disasters.
(D) Meeting requirements for information in connection with
regional and global disasters, including use of advanced
communications technology as a virtual library.
(E) Tropical medicine, particularly in relation to the
medical readiness requirements of the Department of Defense.
(4) To develop a repository of disaster risk indicators for
the Asia-Pacific region.
(c) Joint Operation With Educational Institution
Authorized.--The Secretary may enter into an agreement with
appropriate officials of an institution of higher education
to provide for joint operation of the Center. Any such
agreement shall provide for the institution to furnish
necessary administrative services for the Center, including
administration and allocation of funds.
(d) Acceptance of Funds.--(1) Except as provided in
paragraph (2), the Secretary of Defense may, on behalf of the
Center, accept funds for use to defray the costs of the
Center or to enhance the operation of the Center from any
agency of the Federal Government, any State or local
government, any foreign government, any foundation or other
charitable organization (including any that is organized or
operates under the laws of a foreign country), or any other
private source in the United States or a foreign country.
(2)(A) The Secretary may not accept a gift or donation
under paragraph (1) if the acceptance of the gift or
donation, as the case may be, would compromise or appear to
compromise--
(i) the ability of the Department of Defense, or any
employee of the Department, to carry out any responsibility
or duty of the Department in a fair and objective manner; or
[[Page S5824]]
(ii) the integrity of any program of the Department of
Defense or of any official involved in such a program.
(B) The Secretary shall prescribe written guidance setting
forth the criteria to be used in determining whether or not
the acceptance of a foreign gift or donation would have a
result described in subparagraph (A).
(3) Funds accepted by the Secretary under paragraph (1)
shall be credited to appropriations available to the
Department of Defense for the Center. Funds so credited shall
be merged with the appropriations to which credited and shall
be available for the Center for the same purposes and the
same period as the appropriations with which merged.
(e) Funding for Fiscal Year 1998.--Of the funds authorized
to be appropriated under section 301, $5,000,000 shall be
available for the Center for Excellence in Disaster
Management and Humanitarian Assistance.
SEC. 363. ADMINISTRATIVE ACTIONS ADVERSELY AFFECTING MILITARY
TRAINING OR OTHER READINESS ACTIVITIES.
(a) Congressional Notification.--Chapter 101 of title 10,
United States Code, is amended by adding at the end the
following:
``Sec. 2014. Administrative actions adversely affecting
military training or other readiness activities
``(a) Congressional Notification.--Whenever an official of
an Executive agency takes or proposes to take an
administrative action that, as determined by the Secretary of
Defense in consultation with the Chairman of the Joint Chiefs
of Staff, affects training or any other readiness activity in
a manner that has or would have a significant adverse effect
on the military readiness of any of the armed forces or a
critical component thereof, the Secretary shall submit a
written notification of the action and each significant
adverse effect to the Committee on Armed Services of the
Senate and the Committee on National Security of the House of
Representatives and, at the same time, shall transmit a copy
of the notification to the President and to the head of the
Executive agency taking or proposing to take the
administrative action.
``(b) Notification To Be Prompt.--(1) Subject to paragraph
(2), the Secretary shall submit a written notification of an
administrative action or proposed administrative action
required by subsection (a) as soon as the Secretary becomes
aware of the action or proposed action.
``(2) The Secretary shall prescribe policies and procedures
to ensure that the Secretary receives information on an
administrative action or proposed administrative action
described in subsection (a) promptly after Department of
Defense personnel receive notice of such an action or
proposed action.
``(c) Effect of Notification on Administrative Action.--
Upon the submission of a notification to committees of
Congress under subsection (a), the administrative action
covered by the notification shall, notwithstanding any other
provision of law, cease to be effective or not become
effective, as the case may be, with respect to the Department
of Defense until the date that is 30 days after the date of
the notification, except that the President may direct that
the administrative action take effect with respect to the
Department of Defense earlier than that date. The President
may not delegate the authority provided in the preceding
sentence.
``(d) Definitions.--In this section, the term `Executive
agency' has the meaning given such term in section 105 of
title 5 other than the General Accounting Office.''.
(b) Clerical Amendment.--The table of sections of the
beginning of such chapter is amended by adding at the end the
following:
``2014. Administrative actions adversely affecting military
training or other readiness activities.''.
SEC. 364. FINANCIAL ASSISTANCE TO SUPPORT ADDITIONAL DUTIES
ASSIGNED TO ARMY NATIONAL GUARD.
(a) Authority.--Chapter 1 of title 32, United States Code,
is amended by adding at the end the following:
``Sec. 113. Federal financial assistance for support of
additional duties assigned to the Army National Guard
``(a) Authority.--The Secretary of the Army may provide
financial assistance to a State to support activities carried
out by the Army National Guard of the State in the
performance of duties that the Secretary has assigned, with
the consent of the Chief of the National Guard Bureau, to the
Army National Guard of the State. The Secretary shall
determine the amount of the assistance that is appropriate
for the purpose.
``(b) Covered Activities.--Activities supported under this
section may include only those activities that are carried
out by the Army National Guard in the performance of
responsibilities of the Secretary under paragraphs (6), (10),
and (11) of section 3013(b) of title 10.
``(c) Disbursement Through National Guard Bureau.--The
Secretary shall disburse any contribution under this section
through the Chief of the National Guard Bureau.
``(d) Availability of Funds.--Funds appropriated for the
Army for a fiscal year are available for providing financial
assistance under this section in support of activities
carried out by the Army National Guard during that fiscal
year.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following:
``113. Federal financial assistance for support of
additional duties assigned to the Army National
Guard.''.
SEC. 365. SALE OF EXCESS, OBSOLETE, OR UNSERVICEABLE
AMMUNITION AND AMMUNITION COMPONENTS.
(a) Authority.--Chapter 443 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 4687. Sale of excess, obsolete, or unserviceable
ammunition and ammunition components
``(a) Authority To Sell Outside DoD.--The Secretary of the
Army may sell ammunition or ammunition components that are
excess, obsolete, or unserviceable and have not been
demilitarized to a person eligible under subsection (c) if--
``(1) the purchaser enters into an agreement, in advance,
with the Secretary--
``(A) to demilitarize the ammunition or components; and
``(B) to reclaim, recycle, or reuse the component parts or
materials; or
``(2) the Secretary, or an official of the Department of
the Army designated by the Secretary, approves the use of the
ammunition or components proposed by the purchaser as being
consistent with the public interest.
``(b) Method of Sale.--The Secretary shall use competitive
procedures to sell ammunition and ammunition components under
this section, except that the Secretary may negotiate a sale
in any case in which the Secretary determines that there is
only one potential buyer of the items being offered for sale.
``(c) Eligible Purchasers.--A purchaser of excess,
obsolete, or unserviceable ammunition or ammunition
components under this section shall be a licensed
manufacturer (as defined in section 921(10) of title 18)
that, as determined by the Secretary, has a capability to
modify, reclaim, transport, and either store or sell the
ammunition or ammunition components purchased.
``(d) Hold Harmless Agreement.--The Secretary shall require
a purchaser of ammunition or ammunition components under this
section to agree to hold harmless and indemnify the United
States from any claim for damages for death, injury, or other
loss resulting from a use of the ammunition or ammunition
components, except in a case of willful misconduct or gross
negligence of a representative of the United States.
``(e) Verification of Demilitarization.--The Secretary
shall establish procedures for ensuring that a purchaser of
ammunition or ammunition components under this section
demilitarizes the ammunition or ammunition components in
accordance with any agreement to do so under subsection
(a)(1). The procedures shall include on-site verification of
demilitarization activities.
``(f) Consideration.--The Secretary may accept ammunition,
ammunition components, or ammunition demilitarization
services as consideration for ammunition or ammunition
components sold under this section. The fair market value of
any such consideration shall be equal to or exceed the fair
market value or, if higher, the sale price of the ammunition
or ammunition components sold.
``(g) Disposition of Funds.--Amounts received as proceeds
of sale of ammunition or ammunition components under this
section in any fiscal year shall--
``(1) be credited to an appropriation available for such
fiscal year for the acquisition of ammunition or ammunition
components or to an appropriation available for such fiscal
year for the demilitarization of excess, obsolete, or
unserviceable ammunition or ammunition components; and
``(2) shall be available for the same period and for the
same purposes as the appropriation to which credited.
``(h) Relationship to Arms Export Control Act.--Nothing in
this section shall be construed to affect the applicability
of section 38 of the Arms Export Control Act (22 U.S.C. 2778)
to sales of ammunition or ammunition components on the United
States Munitions List.
``(i) Definitions.--In this section:
``(1) The term `excess, obsolete, or unserviceable', with
respect to ammunition or ammunition components, means that
the ammunition or ammunition components are no longer
necessary for war reserves or for support of training of the
Army or production of ammunition or ammunition components.
``(2) The term `demilitarize', with respect to ammunition
or ammunition components--
``(A) means to destroy the military offensive or defensive
advantages inherent in the ammunition or ammunition
components; and
``(B) includes any mutilation, scrapping, melting, burning,
or alteration that prevents the use of the ammunition or
ammunition components for the military purposes for which the
ammunition or ammunition components was designed or for a
lethal purpose.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``4687. Sale of excess, obsolete, or unserviceable
ammunition and ammunition components.''.
SEC. 366. INVENTORY MANAGEMENT.
(a) Schedule for Implementation of Best Inventory Practices
at Defense Logistics Agency.--(1) The Director of the Defense
Logistics Agency shall develop and submit to Congress a
schedule for implementing within
[[Page S5825]]
the agency, for the supplies and equipment described in
paragraph (2), inventory practices identified by the Director
as being the best commercial inventory practices for such
supplies and equipment consistent with military requirements.
The schedule shall provide for the implementation of such
practices to be completed not later than three years after
date of the enactment of this Act.
(2) The inventory practices shall apply to the acquisition
and distribution of medical supplies, subsistence supplies,
clothing and textiles, commercially available electronics,
construction supplies, and industrial supplies.
(b) Time for Submission of Schedule to Congress.--The
schedule required by this section shall be submitted not
later than 180 days after the date of the enactment of this
Act.
SEC. 367. WARRANTY CLAIMS RECOVERY PILOT PROGRAM.
(a) Pilot Program Required.--The Secretary of Defense may
carry out a pilot program to use commercial sources of
services to improve the collection of Department of Defense
claims under aircraft engine warranties.
(b) Contracts.--Exercising authority provided in section
3718 of title 31, United States Code, the Secretary of
Defense may enter into contracts under the pilot program to
provide for the following services:
(1) Collection services.
(2) Determination of amounts owed the Department of Defense
for repair of aircraft engines for conditions covered by
warranties.
(3) Identification and location of the sources of
information that are relevant to collection of Department of
Defense claims under aircraft engine warranties, including
electronic data bases and document filing systems maintained
by the Department of Defense or by the manufacturers and
suppliers of the aircraft engines.
(4) Services to define the elements necessary for an
effective training program to enhance and improve the
performance of Department of Defense personnel in collecting
and organizing documents and other information that are
necessary for efficient filing, processing, and collection of
Department of Defense claims under aircraft engine
warranties.
(c) Contractor Fee.--Under authority provided in section
3718(d) of title 31, United States Code, a contract entered
into under the pilot program shall provide for the contractor
to be paid, out of the amount recovered by the contractor
under program, such percentages of the amount recovered as
the Secretary of Defense determines appropriate.
(d) Retention of Recovered Funds.--Subject to any
obligation to pay a fee under subsection (c), any amount
collected for the Department of Defense under the pilot
program for a repair of an aircraft engine for a condition
covered by a warranty shall be credited to an appropriation
available for repair of aircraft engines for the fiscal year
in which collected and shall be available for the same
purposes and same period as the appropriation to which
credited.
(e) Regulations.--The Secretary of Defense shall prescribe
regulations to carry out this section.
(f) Termination of Authority.--The pilot program shall
terminate at the end of September 30, 1999, and contracts
entered into under this section shall terminate not later
than that date.
(g) Report.--Not later than January 1, 2000, the Secretary
of Defense shall submit to Congress a report on the pilot
program. The report shall include the following:
(1) The number of contracts entered into under the program.
(2) The extent to which the services provided under the
contracts resulted in financial benefits for the Federal
Government.
(3) Any additional comments and recommendations that the
Secretary considers appropriate regarding use of commercial
sources of services for collection of Department of Defense
claims under aircraft engine warranties.
SEC. 368. ADJUSTMENT AND DIVERSIFICATION ASSISTANCE TO
ENHANCE INCREASED PERFORMANCE OF MILITARY
FAMILY SUPPORT SERVICES BY PRIVATE SECTOR
SOURCES.
Section 2391(b)(5) of title 10, United States Code, is
amended by adding at the end the following:
``(C) The Secretary of Defense may also make grants,
conclude cooperative agreements, and supplement other Federal
funds in order to assist a State or local government to
enhance that government's capabilities to support efforts of
the Department of Defense to privatize, contract for, or
diversify the performance of military family support services
in cases in which the capability of the department to provide
such services is adversely affected by an action described in
paragraph (1).''.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty
personnel as of September 30, 1998, as follows:
(1) The Army, 485,000, of whom not more than 80,300 shall
be officers.
(2) The Navy, 390,802, of whom not more than 55,695 shall
be officers.
(3) The Marine Corps, 174,000, of whom not more than 17,978
shall be officers.
(4) The Air Force, 371,577, of whom not more than 72,732
shall be officers.
SEC. 402. PERMANENT END STRENGTH LEVELS TO SUPPORT TWO MAJOR
REGIONAL CONTINGENCIES.
(a) Repeal.--Section 691 of title 10, United States Code,
is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 39 of such title is amended by striking
out the item relating to section 691.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) Fiscal Year 1998.--The Armed Forces are authorized
strengths for Selected Reserve personnel of the reserve
components as of September 30, 1998, as follows:
(1) The Army National Guard of the United States, 361,516.
(2) The Army Reserve, 208,000.
(3) The Naval Reserve, 94,294.
(4) The Marine Corps Reserve, 42,000.
(5) The Air National Guard of the United States, 107,377.
(6) The Air Force Reserve, 73,431.
(7) The Coast Guard Reserve, 8,000.
(b) Adjustments.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve
component for a fiscal year shall be proportionately reduced
by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component
which are on active duty (other than for training) at the end
of the fiscal year, and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
Whenever such units or such individual members are released
from active duty during any fiscal year, the end strength
prescribed for such fiscal year for the Selected Reserve of
such reserve component shall be proportionately increased by
the total authorized strengths of such units and by the total
number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN
SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the
reserve components of the Armed Forces are authorized, as of
September 30, 1998, the following number of Reserves to be
serving on full-time active duty or full-time duty, in the
case of members of the National Guard, for the purpose of
organizing, administering, recruiting, instructing, or
training the reserve components:
(1) The Army National Guard of the United States, 22,310.
(2) The Army Reserve, 11,500.
(3) The Naval Reserve, 16,136.
(4) The Marine Corps Reserve, 2,559.
(5) The Air National Guard of the United States, 10,616.
(6) The Air Force Reserve, 963.
Subtitle C--Authorization of Appropriations
SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY
PERSONNEL.
There is hereby authorized to be appropriated to the
Department of Defense for military personnel for fiscal year
1998 a total of $69,264,962,000. The authorization in the
preceding sentence supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for
fiscal year 1998.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Personnel Management
SEC. 501. OFFICERS EXCLUDED FROM CONSIDERATION BY PROMOTION
BOARD.
(a) Active Component Officers.--Section 619(d) of title 10,
United States Code, is amended by striking out paragraph (1)
and inserting in lieu thereof the following:
``(1) an officer whose name is on--
``(A) a promotion list for that grade as a result of his
selection for promotion to that grade by an earlier selection
board convened under that section; or
``(B) a list of names of officers recommended for promotion
to that grade that is set forth in a report of such a board,
while the report is pending action under section 618 of this
title''.
(b) Reserve Component Officers.--Section 14301(c) of such
title is amended by striking out paragraph (1) and inserting
in lieu thereof the following:
``(1) an officer whose name is on--
``(A) a promotion list for that grade as a result of
recommendation for promotion to that grade by an earlier
selection board convened under that section or section 14502
of this title or under chapter 36 of this title; or
``(B) a list of names of officers recommended for promotion
to that grade that is set forth in a report of such a board,
while the report is pending action under section 618, 14110,
or 14111 of this title;''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act
and shall apply with respect to each selection board that is
convened under section 611(a), 14101(a), or 14502 of title
10, United States Code, on or after such date.
SEC. 502. INCREASE IN THE MAXIMUM NUMBER OF OFFICERS ALLOWED
TO BE FROCKED TO THE GRADE OF O-6.
Paragraph (2) of section 777(d) of title 10, United States
Code, is amended to read as follows:
``(2) The number of officers of an armed force on the
active-duty list who are authorized as described in
subsection (a) to wear the insignia for a grade to which a
limitation
[[Page S5826]]
on total number applies under section 523(a) of this title
for a fiscal year may not exceed--
``(A) in the case of the grade of major, lieutenant
colonel, lieutenant commander, or commander, 1 percent of the
total number provided for the officers in that grade in that
armed force in the administration of the limitation under
that section for that fiscal year; and
``(B) in the case of the grade of colonel or captain, 2
percent of the total number provided for the officers in that
grade in that armed force in the administration of the
limitation under that section for that fiscal year.''.
SEC. 503. AVAILABILITY OF NAVY CHAPLAINS ON RETIRED LIST OR
OF RETIREMENT AGE TO SERVE AS CHIEF OR DEPUTY
CHIEF OF CHAPLAINS OF THE NAVY.
(a) Eligibility of Officers on Retired List.--(1) Section
5142(b) of title 10, United States Code, is amended by
striking out ``, who are not on the retired list,'' in the
second sentence.
(2) Section 5142a of such title is amended by striking out
``, who is not on the retired list,''.
(b) Authority To Defer Retirement.--(1) Chapter 573 of
title 10, United States Code, is amended by adding at the end
the following new section:
``Sec. 6411. Chief and Deputy Chief of Chaplains: deferment
of retirement for age
``The Secretary of the Navy may defer the retirement under
section 1251(a) of this title of an officer of the Chaplain
Corps if during the period of the deferment the officer will
be serving as the Chief of Chaplains or the Deputy Chief of
Chaplains. A deferment under this subsection may not extend
beyond the first day of the month following the month in
which the officer becomes 68 years of age.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following:
``6411. Chief and Deputy Chief of Chaplains: deferment of retirement
for age.''.
SEC. 504. PERIOD OF RECALL SERVICE OF CERTAIN RETIREES.
(a) Inapplicability of Limitation to Certain Officers.--
Section 688(e) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' after ``(e)''; and
(2) by adding at the end the following:
``(2) In the administration of paragraph (1), the following
officers shall not be counted:
``(A) A chaplain who is assigned to duty as a chaplain for
the period of active duty to which ordered.
``(B) A health care professional (as characterized by the
Secretary concerned) who is assigned to duty as a health care
professional for the period of the active duty to which
ordered.
``(C) Any officer assigned to duty with the American Battle
Monuments Commission for the period of active duty to which
ordered.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on September 30, 1997, immediately after
the amendment made by section 521(a) of Public Law 104-201
(110 Stat. 2515) takes effect.
Subtitle B--Matters Relating to Reserve Components
SEC. 511. TERMINATION OF READY RESERVE MOBILIZATION INCOME
INSURANCE PROGRAM.
(a) Termination.--(1) Chapter 1214 of title 10, United
States Code, is amended by adding at the end the following;
``Sec. 12533. Termination of program authority
``(a) Benefits Not To Accrue.--No benefits accrue under the
insurance program for active duty performed on or after the
program termination date.
``(b) Service Not Insured.--The insurance program does not
apply with respect to any order of a member of the Ready
Reserve into covered service that becomes effective on or
after the program termination date.
``(c) Cessation of Activities.--No person may be enrolled,
and no premium may be collected, under the insurance program
on or after the program termination date.
``(d) Program Termination Date.--For the purposes of this
section, the term `program termination date' is the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 1998.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following:
``12533. Termination of program authority.''.
(b) Payment of Benefits.--The Secretary of Defense shall
pay in full all benefits that have accrued to members of the
Armed Forces under the Ready Reserve Mobilization Income
Insurance Program before the date of the enactment of this
Act. A refund of premiums to a beneficiary under subsection
(c) may not reduce the benefits payable to the beneficiary
under this subsection.
(c) Refund of Premiums.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall refund premiums paid under the Ready Reserve
Mobilization Income Insurance Program to the persons who paid
the premiums, as follows:
(1) In the case of a person for whom no payment of benefits
has accrued under the program, all premiums.
(2) In the case of a person who has accrued benefits under
the program, the premiums (including any portion of a
premium) that the person has paid for periods (including any
portion of a period) for which no benefits accrued to the
person under the program.
(d) Study and Report.--Not later than June 1, 1998, the
Secretary of Defense shall--
(1) carry out a study to determine--
(A) the reasons for the fiscal deficiencies in the Ready
Reserve Mobilization Income Insurance Program that make it
necessary to appropriate $72,000,000 or more to pay benefits
(including benefits in arrears) and other program costs; and
(B) whether there is a need for such a program; and
(2) submit to Congress a report containing--
(A) the Secretary's determinations; and
(B) if the Secretary determines that there is a need for a
Ready Reserve mobilization income insurance program, the
Secretary's recommendations for improving the program under
chapter 1214 of title 10, United States Code.
SEC. 512. DISCHARGE OR RETIREMENT OF RESERVE OFFICERS IN AN
INACTIVE STATUS.
Section 12683(b)(1) of title 10, United States Code, is
amended to read as follows:
``(1) to--
``(A) a separation under section 12684, 14901, or 14907 of
this title; or
``(B) a separation of a reserve officer in an inactive
status in the Standby Reserve who is not qualified for
transfer to the Retired Reserve or, if qualified, does not
apply for transfer to the Retired Reserve;''.
SEC. 513. RETENTION OF MILITARY TECHNICIANS IN GRADE OF
BRIGADIER GENERAL AFTER MANDATORY SEPARATION
DATE.
(a) Retention to Age 60.--Section 14702(a) of title 10,
United States Code, is amended--
(1) by striking out ``section 14506 or 14507'' and
inserting in lie thereof ``section 14506, 14507, or
14508(a)''; and
(2) by striking out ``or colonel'' and inserting in lieu
thereof ``colonel, or brigadier general''.
(b) Relationship to Other Retention Authority.--Section
14508(c) of such title is amended by adding at the end the
following: ``For the purposes of the preceding sentence, a
retention of a reserve officer under section 14702 of this
title shall not be construed as being a retention of that
officer under this subsection.''.
SEC. 514. FEDERAL STATUS OF SERVICE BY NATIONAL GUARD MEMBERS
AS HONOR GUARDS AT FUNERALS OF VETERANS.
(a) In General.--(1) Chapter 1 of title 32, United States
Code, as amended by section 364, is further amended by adding
at the end the following new section:
``Sec. 114. Honor guard functions at funerals for veterans
``Subject to such restrictions as may be prescribed by the
Secretary concerned, the performance of honor guard functions
by members of the National Guard at funerals for veterans of
the armed forces may be treated by the Secretary concerned as
a Federal function for which appropriated funds may be used.
Any such performance of honor guard functions at funerals may
not be considered to be a period of drill or training
otherwise required.''.
(2) The table of sections at the beginning of such chapter,
as amended by section 364, is further amended by adding at
the end the following new item:
``114. Honor guard functions at funerals for veterans.''.
(b) Funding for Fiscal Year 1997.--Section 114 of title 32,
United States Code, as added by subsection (a), does not
authorize additional appropriations for fiscal year 1997. Any
expenses of the National Guard that are incurred by reason of
such section during fiscal year 1997 may be paid from
existing appropriations available for the National Guard.
Subtitle C--Education and Training Programs
SEC. 521. SERVICE ACADEMIES FOREIGN EXCHANGE STUDY PROGRAM.
(a) United States Military Academy.--(1) Chapter 403 of
title 10, United States Code, is amended by inserting after
section 4344 the following new section:
``Sec. 4345. Exchange program with foreign military academies
``(a) Agreement Authorized.--The Secretary of the Army may
enter into an agreement with an official of a foreign
government authorized to act for that foreign government to
carry out a military academy foreign exchange study program.
``(b) Terms of Agreement.--(1) An agreement with a foreign
government under this section shall provide for the
following:
``(A) That, on an exchange basis, the Secretary provide
students of military academies of the foreign government with
instruction at the Academy and the foreign government provide
cadets of the Academy with instruction at military academies
of the foreign government.
``(B) That the number of cadets of the Academy provided
instruction under the exchange program and the number of
students of military academies of the foreign government
provided instruction at the Academy under the exchange
program during an academic year be equal.
``(C) That the duration of the period of exchange study for
each student not exceed one academic semester (or an
equivalent academic period of a host foreign military
academy).
``(2) An agreement with a foreign government under this
section may provide for the
[[Page S5827]]
Secretary to provide a student of a military academy of the
foreign government with quarters, subsistence,
transportation, clothing, health care, and other services
during the period of the student's exchange study at the
Academy to the same extent that the foreign government
provides comparable support and services to cadets of the
Academy during the period of the cadets' exchange study at a
military academy of the foreign government.
``(c) Maximum Number.--Under the exchange program not more
than a total of 24 cadets of the Academy may be receiving
instruction at military academies of foreign governments
under the program at any time, and not more than a total of
24 students of military academies of foreign governments may
be receiving instruction at the Academy at any time.
``(d) Foreign Students Not To Receive Pay and Allowances.--
A student of a foreign military academy provided instruction
at the Academy under the exchange program is not, by virtue
of participation in the exchange program, entitled to the
pay, allowances, and emoluments of a cadet appointed from the
United States.
``(e) Special Rules for Foreign Military Academy
Students.--(1) Foreign military academy students receiving
instruction at the Academy under the exchange program are in
addition to--
``(A) the number of persons from foreign countries who are
receiving instruction at the Academy under section 4344 of
this title; and
``(B) the authorized strength of the cadets of the Academy
under section 4342 of this title.
``(2) Subsections (c) and (d) of section 9344 of this title
apply to students of military academies of foreign
governments while the students are participating in the
exchange program under this section.
``(f) Regulations.--The Secretary shall prescribe
regulations to carry out the military academy foreign
exchange study program under this section. The regulations
may, subject to subsection (e)(2), include eligibility
criteria and methods for selection of students to participate
in the exchange program.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
4344 the following new item:
``4345. Exchange program with foreign military academies.''.
(b) United States Naval Academy.--(1) Chapter 603 of title
10, United States Code, is amended by inserting after section
6957 the following new section:
``Sec. 6957a. Exchange program with foreign military
academies
``(a) Agreement Authorized.--The Secretary of the Navy may
enter into an agreement with an official of a foreign
government authorized to act for that foreign government to
carry out a military academy foreign exchange study program.
``(b) Terms of Agreement.--(1) An agreement with a foreign
government under this section shall provide for the
following:
``(A) That, on an exchange basis, the Secretary provide
students of military academies of the foreign government with
instruction at the Naval Academy and the foreign government
provide midshipmen of the Academy with instruction at
military academies of the foreign government.
``(B) That the number of midshipmen of the Naval Academy
provided instruction under the exchange program and the
number of students of military academies of the foreign
government provided instruction at the Naval Academy under
the exchange program during an academic year be equal.
``(C) That the duration of the period of exchange study for
each student not exceed one academic semester (or an
equivalent academic period of a host foreign military
academy).
``(2) An agreement with a foreign government under this
section may provide for the Secretary to provide a student of
a military academy of the foreign government with quarters,
subsistence, transportation, clothing, health care, and other
services during the period of the student's exchange study at
the Naval Academy to the same extent that the foreign
government provides comparable support and services to
midshipmen of the Naval Academy during the period of the
cadets' exchange study at a military academy of the foreign
government.
``(c) Maximum Number.--Under the exchange program not more
than a total of 24 midshipmen of the Naval Academy may be
receiving instruction at military academies of foreign
governments under the program at any time, and not more than
a total of 24 students of military academies of foreign
governments may be receiving instruction at the Naval Academy
at any time.
``(d) Foreign Students Not To Receive Pay and Allowances.--
A student of a foreign military academy provided instruction
at the Naval Academy under the exchange program is not, by
virtue of participation in the exchange program, entitled to
the pay, allowances, and emoluments of a midshipman appointed
from the United States.
``(e) Special Rules for Foreign Military Academy
Students.--(1) Foreign military academy students receiving
instruction at the Naval Academy under the exchange program
are in addition to--
``(A) the number of persons from foreign countries who are
receiving instruction at the Naval Academy under section 6957
of this title; and
``(B) the authorized strength of the midshipmen under
section 6954 of this title.
``(2) Section 6957(c) of this title applies to students of
military academies of foreign governments while the students
are participating in the exchange program under this section.
``(f) Regulations.--The Secretary shall prescribe
regulations to carry out the military academy foreign
exchange study program under this section. The regulations
may, subject to subsection (e)(2), include eligibility
criteria and methods for selection of students to participate
in the exchange program.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
6957 the following new item:
``6957a. Exchange program with foreign military academies.''.
(c) United States Air Force Academy.--(1) Chapter 903 of
title 10, United States Code, is amended by inserting after
section 9344 the following new section:
``Sec. 9345. Exchange program with foreign military academies
``(a) Agreement Authorized.--The Secretary of the Air Force
may enter into an agreement with an official of a foreign
government authorized to act for that foreign government to
carry out a military academy foreign exchange study program.
``(b) Terms of Agreement.--(1) An agreement with a foreign
government under this section shall provide for the
following:
``(A) That, on an exchange basis, the Secretary provide
students of military academies of the foreign government with
instruction at the Air Force Academy and the foreign
government provide Air Force Cadets of the Academy with
instruction at military academies of the foreign government.
``(B) That the number of Air Force Cadets of the Academy
provided instruction under the exchange program and the
number of students of military academies of the foreign
government provided instruction at the Academy under the
exchange program during an academic year be equal.
``(C) That the duration of the period of exchange study for
each student not exceed one academic semester (or an
equivalent academic period of a host foreign military
academy).
``(2) An agreement with a foreign government under this
section may provide for the Secretary to provide a student of
a military academy of the foreign government with quarters,
subsistence, transportation, clothing, health care, and other
services during the period of the student's exchange study at
the Academy to the same extent that the foreign government
provides comparable support and services to Air Force Cadets
of the Academy during the period of the cadets' exchange
study at a military academy of the foreign government.
``(c) Maximum Number.--Under the exchange program not more
than a total of 24 Air Force Cadets of the Academy may be
receiving instruction at military academies of foreign
governments under the program at any time, and not more than
a total of 24 students of military academies of foreign
governments may be receiving instruction at the Academy at
any time.
``(d) Foreign Students Not To Receive Pay and Allowances.--
A student of a foreign military academy provided instruction
at the Academy under the exchange program is not, by virtue
of participation in the exchange program, entitled to the
pay, allowances, and emoluments of a cadet appointed from the
United States.
``(e) Special Rules for Foreign Military Academy
Students.--(1) Foreign military academy students receiving
instruction at the Academy under the exchange program are in
addition to--
``(A) the number of persons from foreign countries who are
receiving instruction at the Academy under section 9344 of
this title; and
``(B) the authorized strength of the Air Force Cadets of
the Academy under section 9342 of this title.
``(2) Subsections (c) and (d) of section 9344 of this title
apply to students of military academies of foreign
governments while the students are participating in the
exchange program under this section.
``(f) Regulations.--The Secretary shall prescribe
regulations to carry out the military academy foreign
exchange study program under this section. The regulations
may, subject to subsection (e)(2), include eligibility
criteria and methods for selection of students to participate
in the exchange program.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
9344 the following new item:
``9345. Exchange program with foreign military academies.''.
SEC. 522. PROGRAMS OF HIGHER EDUCATION OF THE COMMUNITY
COLLEGE OF THE AIR FORCE.
(a) Programs for Instructors at Air Force Training
Schools.--Section 9315 of title 10, United States Code, is
amended--
(1) in subsection (b), by striking out ``(b) Subject to
subsection (c)'' and inserting in lieu thereof ``(b)
Conferment of Degree.--(1) Subject to paragraph (2)'';
(2) by redesignating subsection (c) as paragraph (2) and in
such paragraph, as so redesignated--
(A) by striking out ``(1) the'' and inserting in lieu
thereof ``(A) the''; and
[[Page S5828]]
(B) by striking out ``(2) the'' and inserting in lieu
thereof ``(B) the'';
(3) in subsection (a)--
(A) by inserting after ``(a)'' the following:
``Establishment and Mission.--''; and
(B) in paragraph (1), by striking out ``Air Force'' and
inserting in lieu thereof ``armed forces described in
subsection (b)''; and
(4) by inserting after subsection (a) the following new
subsection (b):
``(b) Members Eligible for Programs.--Subject to such other
eligibility requirements as the Secretary concerned may
prescribe, the following members of the armed forces are
eligible to participate in programs of higher education
referred to in subsection (a)(1):
``(1) An enlisted member of the Army, Navy, or Air Force
who is serving as an instructor at an Air Force training
school.
``(2) Any other enlisted member of the Air Force.''.
(b) Retroactive Applicability.--Subsection (b) of section
9315 of such title, as added by subsection (a)(4), shall
apply with respect to programs of higher education of the
Community College of the Air Force as of March 31, 1996.
SEC. 523. PRESERVATION OF ENTITLEMENT TO EDUCATIONAL
ASSISTANCE OF MEMBERS OF THE SELECTED RESERVE
SERVING ON ACTIVE DUTY IN SUPPORT OF A
CONTINGENCY OPERATION.
(a) Preservation of Educational Assistance.--Section
16131(c)(3)(B)(i) of title 10, United States Code, is amended
by striking out ``, in connection with the Persian Gulf
War,''.
(b) Extension of 10-Year Period of Availability.--Section
16133(b)(4) of such title is amended--
(1) by striking out ``(A)'';
(2) by striking out ``, during the Persian Gulf War,'';
(3) by redesignating clauses (i) and (ii) as subparagraphs
(A) and (B), respectively; and
(4) by striking out ``(B) For the purposes'' and all that
follows through ``title 38.''.
SEC. 524. REPEAL OF CERTAIN STAFFING AND SAFETY REQUIREMENTS
FOR THE ARMY RANGER TRAINING BRIGADE.
(a) In General.--(1) Section 4303 of title 10, United
States Code, is repealed.
(2) The table of sections at the beginning of chapter 401
of such title is amended by striking out the item relating to
section 4303.
(b) Repeal of Related Provision.--Section 562 of Public Law
104-106 (110 Stat. 323) is repealed.
Subtitle D--Decorations and Awards
SEC. 531. CLARIFICATION OF ELIGIBILITY OF MEMBERS OF READY
RESERVE FOR AWARD OF SERVICE MEDAL FOR HEROISM.
(a) Soldier's Medal.--Section 3750(a) of title 10, United
States Code, is amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end the following new paragraph:
``(2) The authority in paragraph (1) includes authority to
award the medal to a member of the Ready Reserve who was not
in a duty status defined in section 101(d) of this title when
the member distinguished himself by heroism.''.
(b) Navy and Marine Corps Medal.--Section 6246 of such
title is amended--
(1) by designating the text of the section as subsection
(a); and
(2) by adding at the end the following new subsection:
``(b) The authority in subsection (a) includes authority to
award the medal to a member of the Ready Reserve who was not
in a duty status defined in section 101(d) of this title when
the member distinguished himself by heroism.''.
(c) Airman's Medal.--Section 8750(a) of such title is
amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end the following new paragraph:
``(2) The authority in paragraph (1) includes authority to
award the medal to a member of the Ready Reserve who was not
in a duty status defined in section 101(d) of this title when
the member distinguished himself by heroism.''.
SEC. 532. WAIVER OF TIME LIMITATIONS FOR AWARD OF CERTAIN
DECORATIONS TO SPECIFIED PERSONS.
(a) Waiver of Time Limitation.--Any limitation established
by law or policy for the time within which a recommendation
for the award of a military decoration or award must be
submitted shall not apply in the case of awards of
decorations described in subsections (b), (c), and (d), the
award of each such decoration having been determined by the
Secretary of the military department concerned to be
warranted in accordance with section 1130 of title 10, United
States Code.
(b) Silver Star Medal.--Subsection (a) applies to the award
of the Silver Star Medal as follows:
(1) To Joseph M. Moll, Jr. of Milford, New Jersey, for
service during World War II.
(2) To Philip Yolinsky of Hollywood, Florida, for service
during the Korean Conflict.
(c) Navy and Marine Corps Medal.--Subsection (a) applies to
the award of the Navy and Marine Corps Medal to Gary A.
Gruenwald of Damascus, Maryland, for service in Tunisia in
October 1977.
(d) Distinguished Flying Cross.--Subsection (a) applies to
awards of the Distinguished Flying Cross for service during
World War II or Korea (including multiple awards to the same
individual) in the case of each individual concerning whom
the Secretary of the Navy (or an officer of the Navy acting
on behalf of the Secretary) submitted to the Committee on
National Security of the House of Representatives and the
Committee on Armed Services of the Senate, before the date of
the enactment of this Act, a notice as provided in section
1130(b) of title 10, United States Code, that the award of
the Distinguished Flying Cross to that individual is
warranted and that a waiver of time restrictions prescribed
by law for recommendation for such award is recommended.
SEC. 533. ONE-YEAR EXTENSION OF PERIOD FOR RECEIPT OF
RECOMMENDATIONS FOR DECORATIONS AND AWARDS FOR
CERTAIN MILITARY INTELLIGENCE PERSONNEL.
Section 523(b)(1) of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 311; 10
U.S.C. 1130 note) is amended by striking out ``during the
one-year period beginning on the date of the enactment of
this Act'' and inserting in lieu thereof ``after February 9,
1996, and before February 10, 1998''.
SEC. 534. ELIGIBILITY OF CERTAIN WORLD WAR II MILITARY
ORGANIZATIONS FOR AWARD OF UNIT DECORATIONS.
(a) Authority.--A unit decoration may be awarded for any
unit or other organization of the Armed Forces of the United
States, such as the Military Intelligence Service of the
Army, that (1) supported the planning or execution of combat
operations during World War II primarily through unit
personnel who were attached to other units of the Armed
Forces or of other allied armed forces, and (2) is not
otherwise eligible for award of the decoration by reason of
not usually having been deployed as a unit in support of such
operations.
(b) Time for Submission of Recommendation.--Any
recommendation for award of a unit decoration under
subsection (a) shall be submitted to the Secretary concerned
(as defined in section 101(a)(9) of title 10, United States
Code), or to such other official as the Secretary concerned
may designate, not later than 2 years after the date of the
enactment of this Act.
Subtitle E--Military Personnel Voting Rights
SEC. 541. SHORT TITLE.
This subtitle may be cited as the ``Military Voting Rights
Act of 1997''.
SEC. 542. GUARANTEE OF RESIDENCY.
Article VII of the Soldiers' and Sailors' Civil Relief Act
of 1940 (50 U.S.C. App. 590 et seq.) is amended by adding at
the end the following:
``Sec. 704. (a) For purposes of voting for an office of the
United States or of a State, a person who is absent from a
State in compliance with military or naval orders shall not,
solely by reason of that absence--
``(1) be deemed to have lost a residence or domicile in
that State;
``(2) be deemed to have acquired a residence or domicile in
any other State; or
``(3) be deemed to have become resident in or a resident of
any other State.
``(b) In this section, the term `State' includes a
territory or possession of the United States, a political
subdivision of a State, territory, or possession, and the
District of Columbia.''.
SEC. 543. STATE RESPONSIBILITY TO GUARANTEE MILITARY VOTING
RIGHTS.
(a) Registration and Balloting.--Section 102 of the
Uniformed and Overseas Absentee Voting Act (42 U.S.C. 1973ff-
1) is amended--
(1) by inserting ``(a) Elections for Federal Offices.--''
before ``Each State shall--''; and
(2) by adding at the end the following:
``(b) Elections for State and Local Offices.--Each State
shall--
``(1) permit absent uniformed services voters to use
absentee registration procedures and to vote by absentee
ballot in general, special, primary, and runoff elections for
State and local offices; and
``(2) accept and process, with respect to any election
described in paragraph (1), any otherwise valid voter
registration application from an absent uniformed services
voter if the application is received by the appropriate State
election official not less than 30 days before the
election.''.
(b) Conforming Amendment.--The heading for title I of such
Act is amended by striking out ``FOR FEDERAL OFFICE''.
Subtitle F--Other Matters
SEC. 551. SENSE OF CONGRESS REGARDING STUDY OF MATTERS
RELATING TO GENDER EQUITY IN THE ARMED FORCES.
(a) Findings.--Congress makes the following findings:
(1) In the all-volunteer force, women play an integral role
in the Armed Forces.
(2) With increasing numbers of women in the Armed Forces,
questions arise concerning inequalities, and perceived
inequalities, between the treatment of men and women in the
Armed Forces.
(b) Sense of Congress.--It is the sense of Congress that
the Comptroller General should--
(1) conduct a study on any inequality, or perception of
inequality, in the treatment of men and women in the Armed
Forces that arises out of the statutes and regulations
governing the Armed Forces; and
(2) submit to Congress a report on the study not later than
one year after the date of enactment of this Act.
SEC. 552. COMMISSION ON GENDER INTEGRATION IN THE MILITARY.
(a) Establishment.--There is established a commission to be
known as the Commission on Gender Integration in the
Military.
[[Page S5829]]
(b) Membership.--
(1) In general.--The commission shall be composed of 11
members appointed from among private citizens of the United
States who have appropriate and diverse experiences,
expertise, and historical perspectives on training,
organizational, legal, management, military, and gender
integration matters.
(2) Specific qualifications.--Of the 11 members, at least
two shall be appointed from among persons who have superior
academic credentials, at least four shall be appointed from
among former members and retired members of the Armed Forces,
and at least two shall be appointed from among members of the
reserve components of the Armed Forces.
(c) Appointments.--
(1) Authority.--The President pro tempore of the Senate
shall appoint the members in consultation with the chairman
of the Committee on Armed Services, who shall recommend six
persons for appointment, and the ranking member of the
Committee on Armed Services, who shall recommend five persons
for appointment. The appointments shall be made not later
than 45 days after the date of the enactment of this Act.
(2) Period of appointment.--Members shall be appointed for
the life of the commission.
(3) Vacancies.--A vacancy in the membership shall not
affect the commission's powers, but shall be filled in the
same manner as the original appointment.
(d) Meetings.--
(1) Initial meeting.--The Commission shall hold its first
meeting not later than 30 days after the date on which all
members have been appointed.
(2) When called.--The Commission shall meet upon the call
of the chairman.
(3) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number may hold
meetings.
(e) Chairman and Vice Chairman.--The Commission shall
select a chairman and a vice chairman from among its members.
(f) Authority of Individuals To Act for Commission.--Any
member or agent of the Commission may, if authorized, by the
Commission, take any action which the Commission is
authorized to take under this title.
(g) Duties.--The Commission shall--
(1) review the current practices of the Armed Forces,
relevant studies, and private sector training concepts
pertaining to gender-integrated training;
(2) review the laws, regulations, policies, directives, and
practices that govern personal relationships between men and
women in the armed forces and personal relationships between
members of the armed forces and non-military personnel of the
opposite sex;
(3) assess the extent to which the laws, regulations,
policies, and directives have been applied consistently
throughout the Armed Forces without regard to the armed
force, grade, or rank of the individuals involved;
(4) provide an independent assessment of the reports of the
independent panel, the Department of Defense task force, and
the review of existing guidance on adultery announced by the
Secretary of Defense; and
(5) examine the experiences, policies, and practices of the
armed forces of other industrialized nations regarding
gender-integrated training.
(h) Reports.--
(1) Initial report.--Not later than April 15, 1998, the
Commission shall submit to the Committee on Armed Services of
the Senate an initial report setting forth the activities,
findings, and recommendations of the Commission. The report
shall include any recommendations for congressional action
and administrative action that the Commission considers
appropriate.
(2) Final report.--Not later than September 16, 1998, the
Commission shall submit to the Committee on Armed Services a
final report setting forth the activities, findings, and
recommendations of the Commission, including any
recommendations for congressional action and administrative
action that the Commission considers appropriate.
(i) Powers.--
(1) Hearings, et cetera.--The Commission may hold such
hearings, sit and act at such times and places, take such
testimony, and receive such evidence as the Commission
considers advisable to carry out its duties.
(2) Information from federal agencies.--The Commission may
secure directly from the Department of Defense and any other
department or agency of the Federal Government such
information as the Commission considers necessary to carry
out its duties. Upon the request of the chairman of the
Commission, the head of a department or agency shall furnish
the requested information expeditiously to the Commission.
(3) Postal services.-- The Commission may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
(j) Administrative Support.--The Secretary of Defense
shall, upon the request of the chairman of the Commission,
furnish the Commission any administrative and support
services that the Commission may require.
(k) Commission Personnel Matters.--
(1) Compensation of members.--Each member of the Commission
may be compensated at a rate equal to the daily equivalent of
the annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during
which such member is engaged in performing the duties of the
Commission.
(2) Travel on military conveyances.--Members and personnel
of the Commission may travel on aircraft, vehicles, or other
conveyances of the Armed Forces when travel is necessary in
the performance of a duty of the Commission except when the
cost of commercial transportation is less expensive.
(3) Travel expenses.--The members of the Commission may be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Commission.
(4) Staff.--The chairman of the Commission may, without
regard to civil service laws and regulations, appoint and
terminate an executive director and up to three additional
staff members as necessary to enable the Commission to
perform its duties. The chairman of the Commission may fix
the compensation of the executive director and other
personnel without regard to the provisions of chapter 51, and
subchapter III of chapter 53, of title 5, United States Code,
relating to classification of positions and General Schedule
pay rates, except that the rate of pay may not exceed the
rate payable for level V of the executive schedule under
section 5316 of such title.
(5) Detail of government employees.--Upon the request of
the chairman of the Commission, the head of any department or
agency of the Federal Government may detail, without
reimbursement, any personnel of the department or agency to
the Commission to assist in carrying out its duties. A detail
of an employee shall be without interruption or loss of civil
service status or privilege.
(6) Temporary and intermittent services.--The chairman of
the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States
Code, at rates for individuals that do not exceed the daily
equivalent of the annual rate of basic pay prescribed for
level IV of the Executive Schedule under section 5315 of such
title.
(l) Termination.--The Commission shall terminate 90 days
after the date on which it submits the final report under
subsection (h)(2).
(m) Funding.--
(1) From department of defense appropriations.--Upon the
request of the chairman of the Commission, the Secretary of
Defense shall make available to the Commission, out of funds
appropriated for the Department of Defense, such amounts as
the Commission may require to carry out its duties.
(2) Period of availability.--Funds made available to the
Commission shall remain available, without fiscal year
limitation, until the date on which the Commission
terminates.
SEC. 553. SEXUAL HARASSMENT INVESTIGATIONS AND REPORTS.
(a) Investigations.--Any commanding officer or officer in
charge of a unit, vessel, facility, or area who receives from
a member of the command or a civilian employee under the
supervision of the officer a complaint alleging sexual
harassment by a member of the Armed Forces or a civilian
employee of the Department of Defense shall, to the extent
practicable--
(1) within 72 hours after receipt of the complaint--
(A) forward the complaint or a detailed description of the
allegation to the next superior officer in the chain of
command who is authorized to convene a general court-martial;
(B) commence, or cause the commencement of, an
investigation of the complaint; and
(C) advise the complainant of the commencement of the
investigation;
(2) ensure that the investigation of the complaint is
completed not later than 14 days after the investigation is
commenced; and
(3) either--
(A) submit a final report on the results of the
investigation, including any action taken as a result of the
investigation, to the next superior officer referred to in
paragraph (1) within 20 days after the investigation is
commenced; or
(B) submit a report on the progress made in completing the
investigation to the next superior officer referred to in
paragraph (1) within 20 days after the investigation is
commenced and every 14 days thereafter until the
investigation is completed and, upon completion of the
investigation, then submit a final report on the results of
the investigation, including any action taken as a result of
the investigation, to that next superior officer.
(b) Reports.--(1) Not later than January 1 of each of 1998
and 1999, each officer receiving any complaint forwarded in
accordance with subsection (a) during the preceding year
shall submit to the Secretary of the military department
concerned a report on all such complaints and the
investigations of such complaints (including the results of
the investigations, in cases of investigations completed
during such preceding year).
(2)(A) Not later than March 1 of each of 1998 and 1999,
each Secretary receiving a report under paragraph (1) for a
year shall submit to the Secretary of Defense a report on all
such reports so received.
[[Page S5830]]
(B) Not later than the April 1 following receipt of a
report for a year under subparagraph (A), the Secretary of
Defense shall transmit to Congress all such reports received
for the year under subparagraph (A) together with the
Secretary's assessment of each such report.
(c) Sexual Harassment Defined.--In this section, the term
`sexual harassment' means--
(1) a form of sex discrimination that--
(A) involves unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of a sexual
nature when--
(i) submission to such conduct is made either explicitly or
implicitly a term or condition of a person's job, pay, or
career;
(ii) submission to or rejection of such conduct by a person
is used as a basis for career or employment decisions
affecting that person; or
(iii) such conduct has the purpose or effect of
unreasonably interfering with an individual's work
performance or creates an intimidating, hostile, or offensive
working environment; and
(B) is so severe or pervasive that a reasonable person
would perceive, and the victim does perceive, the work
environment as hostile or offensive;
(2) any use or condonation, by any person in a supervisory
or command position, of any form of sexual behavior to
control, influence, or affect the career, pay, or job of a
member of the Armed Forces or a civilian employee of the
Department of Defense; and
(3) any deliberate or repeated unwelcome verbal comment,
gesture, or physical contact of a sexual nature in the
workplace by any member of the Armed Forces or civilian
employee of the Department of Defense.
SEC. 554. REQUIREMENT FOR EXEMPLARY CONDUCT BY COMMANDING
OFFICERS AND OTHER AUTHORITIES.
(a) Army.--(1) Chapter 345 of title 10, United States Code,
is amended by adding at the end:
``Sec. 3583. Requirement of exemplary conduct
``All commanding officers and others in authority in the
Army are required to show in themselves a good example of
virtue, honor, patriotism, and subordination; to be vigilant
in inspecting the conduct of all persons who are placed under
their command; to guard against and suppress all dissolute
and immoral practices, and to correct, according to the laws
and regulations of the Army, all persons who are guilty of
them; and to take all necessary and proper measures, under
the laws, regulations, and customs of the Army, to promote
and safeguard the morale, the physical well-being, and the
general welfare of the officers and enlisted persons under
their command or charge.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following:
``3583. Requirement of exemplary conduct.''.
(b) Air Force.--(1) Chapter 845 of title 10, United States
Code, is amended by adding at the end the following:
``Sec. 8583. Requirement of exemplary conduct
``All commanding officers and others in authority in the
Air Force are required to show in themselves a good example
of virtue, honor, patriotism, and subordination; to be
vigilant in inspecting the conduct of all persons who are
placed under their command; to guard against and suppress all
dissolute and immoral practices, and to correct, according to
the laws and regulations of the Air Force, all persons who
are guilty of them; and to take all necessary and proper
measures, under the laws, regulations, and customs of the Air
Force, to promote and safeguard the morale, the physical
well-being, and the general welfare of the officers and
enlisted persons under their command or charge.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following:
``8583. Requirement of exemplary conduct.''.
SEC. 555. PARTICIPATION OF DEPARTMENT OF DEFENSE PERSONNEL IN
MANAGEMENT OF NON-FEDERAL ENTITIES.
(a) Authority.--Chapter 53 of title 10, United States Code,
is amended by inserting after section 1060a the following new
section:
``Sec. 1060b. Participation in management of non-Federal
entities: members of the armed forces; civilian employees
``(a) Authority To Permit Participation.--The Secretary
concerned may authorize a member of the armed forces, a
civilian officer or employee of the Department of Defense, or
a civilian officer or civilian employee of the Coast Guard--
``(1) to serve as a director, officer, or trustee of a
military welfare society or other entity described in
subsection (c); or
``(2) to participate in any other capacity in the
management of such a society or entity.
``(b) Compensation Prohibited.--Compensation may not be
accepted for service or participation authorized under
subsection (a).
``(c) Covered Entities.--This section applies with respect
to the following entities:
``(1) Military welfare societies.--The following military
welfare societies:
``(A) The Army Emergency Relief.
``(B) The Air Force Aid Society.
``(C) The Navy-Marine Corps Relief Society.
``(D) The Coast Guard Mutual Assistance.
``(2) Other entities.--Each of the following additional
entities that is not operated for profit:
``(A) Any athletic conference, or other entity, that
regulates and supports the athletics programs of the United
States Military Academy, the United States Naval Academy, the
United States Air Force Academy, or the United States Coast
Guard Academy.
``(B) Any entity that regulates international athletic
competitions.
``(C) Any regional educational accrediting agency, or other
entity, that accredits the academies referred to in
subparagraph (A) or accredits any other school of the armed
forces.
``(D) Any health care association, professional society, or
other entity that regulates and supports standards and
policies applicable to the provision of health care by or for
the Department of Defense.
``(d) Secretary of Defense as Secretary Concerned.--In this
section, the term `Secretary concerned' includes the
Secretary of Defense with respect to civilian officers and
employees of the Department of Defense who are not officers
or employees of a military department.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1060a the following new item:
``1060b. Participation in management of non-Federal entities: members
of the armed forces; civilian employees.''.
SEC. 556. TECHNICAL CORRECTION TO CROSS REFERENCE IN ROPMA
PROVISION RELATING TO POSITION VACANCY
PROMOTION.
Section 14317(d) of title 10, United States Code, is
amended by striking out ``section 14314'' in the first
sentence and inserting in lieu thereof ``section 14315''.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay
SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1998.
(a) Waiver of Section 1009 Adjustment.--Any adjustment
required by section 1009 of title 37, United States Code, in
elements of compensation of members of the uniformed services
to become effective during fiscal year 1998 shall not be
made.
(b) Increase in Basic Pay.--Effective on January 1, 1998,
the rates of basic pay of members of the uniformed services
are increased by 2.8 percent.
Subtitle B--Subsistence, Housing, and Other Allowances
PART I--REFORM OF BASIC ALLOWANCE FOR SUBSISTENCE
SEC. 611. REVISED ENTITLEMENT AND RATES.
(a) Universal Entitlement to BAS Except During Basic
Training.--
(1) In general.--Section 402 of title 37, United States
Code, is amended by striking out subsections (b) and (c).
(2) Exception.--Subsection (a) of such section is amended
by adding at the end the following: ``However, an enlisted
member is not entitled to the basic allowance for subsistence
during basic training.''.
(b) Rates Based on Food Costs.--Such section, as amended by
subsection (a), is further amended by inserting after
subsection (a) the following new subsection (b):
``(b) Rates of BAS.--(1) The monthly rate of basic
allowance for subsistence in effect for an enlisted member
for a year (beginning on January 1 of the year) shall be the
amount that is halfway between the following amounts that are
determined by the Secretary of Agriculture as of October 1 of
the preceding year:
``(A) The amount equal to the monthly cost of a moderate-
cost food plan for a male in the United States who is between
20 and 50 years of age.
``(B) The amount equal to the monthly cost of a liberal
food plan for a male in the United States who is between 20
and 50 years of age.
``(2) The monthly rate of basic allowance for subsistence
in effect for an officer for a year (beginning on January 1
of the year) shall be the amount equal to the monthly rate of
basic allowance for subsistence in effect for officers for
the preceding year, increased by the same percentage by which
the rate of basic allowance for subsistence for enlisted
members for the preceding year is increased effective on such
January 1.''.
(c) Continuation of Advance Payment Authority.--Such
section is further amended by inserting after subsection (b),
as added by subsection (b) of this section, the following new
subsection (c):
``(c) Advance Payment.--The allowance to an enlisted member
may be paid in advance for a period of not more than three
months.''.
(d) Flexibility To Manage Demand for Dining and Messing
Services.--Such section is further amended by striking out
subsection (e) and inserting in lieu thereof the following
new subsection (e):
``(e) Policies on Use of Dining and Messing Facilities.--
The Secretary of Defense, in consultation with the
Secretaries concerned, shall prescribe policies regarding use
of dining and field messing facilities of the uniformed
services.''.
(e) Regulations.--Such section is further amended by adding
after subsection (e), as added by subsection (d) of this
section, the following:
``(f) Regulations.--(1) The Secretary of Defense shall
prescribe regulations for the
[[Page S5831]]
administration of this section. Before prescribing the
regulations, the Secretary shall consult with each Secretary
concerned.
``(2) The regulations shall include the rates of basic
allowance for subsistence.''.
(f) Stylistic and Conforming Amendments.--
(1) Subsection headings.--Such section is amended--
(A) in subsection (a), by inserting ``Entitlement.--''
after ``(a)''; and
(B) in subsection (d), by inserting ``Coast Guard.--''
after ``(d)''.
(2) Travel status exception to entitlement.--Section 404 of
title 37, United States Code, is amended--
(A) by striking out subsection (g); and
(B) by redesignating subsections (h), (i), (j), and (k) as
subsections (g), (h), (i), and (j), respectively.
SEC. 612. TRANSITIONAL BASIC ALLOWANCE FOR SUBSISTENCE.
(a) BAS Transition Period.--For the purposes of this
section, the BAS transition period is the period beginning on
the effective date of this part and ending on the date that
this section ceases to be effective under section 613(b).
(b) Transitional Authority.--Notwithstanding section 402 of
title 37, United States Code (as amended by section 611),
during the BAS transition period--
(1) the basic allowance for subsistence shall not be paid
under that section for that period;
(2) a member of the uniformed services is entitled to the
basic allowance for subsistence only as provided in
subsection (c);
(3) an enlisted member of the uniformed services may be
paid a partial basic allowance for subsistence as provided in
subsection (d); and
(4) the rates of the basic allowance for subsistence are
those determined under subsection (e).
(c) Transitional Entitlement to BAS.--
(1) Enlisted members.--
(A) Types of entitlement.--An enlisted member is entitled
to the basic allowance for subsistence, on a daily basis, of
one of the following types--
(i) when rations in kind are not available;
(ii) when permission to mess separately is granted; and
(iii) when assigned to duty under emergency conditions
where no messing facilities of the United States are
available.
(B) Other entitlement circumstances.--An enlisted member is
entitled to the allowance while on an authorized leave of
absence, while confined in a hospital, or while performing
travel under orders away from the member's designated post of
duty other than field duty or sea duty (as defined in
regulations prescribed by the Secretary of Defense). For
purposes of the preceding sentence, a member shall not be
considered to be performing travel under orders away from his
designated post of duty if such member--
(i) is an enlisted member serving his first tour of active
duty;
(ii) has not actually reported to a permanent duty station
pursuant to orders directing such assignment; and
(iii) is not actually traveling between stations pursuant
to orders directing a change of station.
(C) Advance payment.--The allowance to an enlisted member,
when authorized, may be paid in advance for a period of not
more than three months.
(2) Officers.--An officer of a uniformed service who is
entitled to basic pay is, at all times, entitled to the basic
allowances for subsistence. An aviation cadet of the Navy,
Air Force, Marine Corps, or Coast Guard is entitled to the
same basic allowance for subsistence as is provided for an
officer of the Navy, Air Force, Marine Corps, or Coast Guard,
respectively.
(d) Transitional Authority for Partial BAS.--
(1) Enlisted members furnished subsistence in kind.--The
Secretary of Defense may provide in regulations for an
enlisted member of a uniformed service to be paid a partial
basic allowance for subsistence when--
(A) rations in kind are available to the member;
(B) the member is not granted permission to mess
separately; or
(C) the member is assigned to duty under emergency
conditions where messing facilities of the United States are
available.
(2) Monthly payment.--Any partial basic allowance for
subsistence authorized under paragraph (1) shall be paid on a
monthly basis.
(e) Transitional Rates.--
(1) Full bas for officers.--The rate of basic allowance for
subsistence that is payable to officers of the uniformed
services for a year shall be the amount that is equal to 101
percent of the rate of basic allowance for subsistence that
was payable to officers of the uniformed services for the
preceding year.
(2) Full bas for enlisted members.--The rate of basic
allowance for subsistence that is payable to an enlisted
member of the uniformed services for a year shall be the
higher of--
(A) the amount that is equal to 101 percent of the rate of
basic allowance for subsistence that was in effect for
similarly situated enlisted members of the uniformed services
for the preceding year; or
(B) the daily equivalent of what, except for subsection
(b), would otherwise be the monthly rate of basic allowance
for subsistence for enlisted members under section 402(b)(1)
of title 37, United States Code (as added by section 611(b)).
(3) Partial bas for enlisted members.--The rate of any
partial basic allowance for subsistence paid under subsection
(d) for a member for a year shall be equal to the lower of--
(A) the amount equal to the excess, if any, of--
(i) the amount equal to the monthly equivalent of the rate
of basic allowance for subsistence that was in effect for the
preceding year for enlisted members of the uniformed services
above grade E-1 (when permission to mess separately is
granted), increased by the same percent by which the rates of
basic pay for members of the uniformed services were
increased for the year over those in effect for such
preceding year, over
(ii) the amount equal to 101 percent of the monthly
equivalent of the rate of basic allowance for subsistence
that was in effect for the previous year for enlisted members
of the uniformed services above grade E-1 (when permission to
mess separately is granted); or
(B) the amount equal to the excess of--
(i) the amount that, except for subsection (b), would
otherwise be the monthly rate of basic allowance for
subsistence for enlisted members under section 402(b)(1) of
title 37, United States Code, over
(ii) the amount equal to the monthly equivalent of the
value of a daily ration, as determined by the Under Secretary
of Defense (Comptroller) as of October 1 of the preceding
year.
SEC. 613. EFFECTIVE DATE AND TERMINATION OF TRANSITIONAL
AUTHORITY.
(a) Effective Date.--This part and the amendments made by
section 611 shall take effect on January 1, 1998.
(b) Termination of Transitional Provisions.--Section 612
shall cease to be effective on the first day of the month
immediately following the first month for which the monthly
equivalent of the rate of basic allowance for subsistence
payable to enlisted members of the uniformed services (when
permission to mess separately is granted), as determined
under subsection (e)(2) of such section, equals or exceeds
the amount that, except for subsection (b) of such section,
would otherwise be the monthly rate of basic allowance for
subsistence for enlisted members under section 402(b)(1) of
title 37, United States Code.
PART II--REFORM OF HOUSING AND RELATED ALLOWANCES
SEC. 616. ENTITLEMENT TO BASIC ALLOWANCE FOR HOUSING.
(a) Redesignation of BAQ.--Section 403 of title 37, United
States Code, is amended by striking out ``basic allowance for
quarters'' each place it appears, except in subsections (f)
and (m), and inserting in lieu thereof ``basic allowance for
housing''.
(b) Rates.--Subsection (a) of such section is amended by
striking out ``section 1009'' and inserting in lieu thereof
``section 403a''.
(c) Temporary Housing Allowance While in Travel or Leave
Status.--Subsection (f) of such section is amended to read as
follows:
``(f) Temporary Housing Allowance While in Travel or Leave
Status.--A member of a uniformed service who is in pay grade
above E-4 (four or more years of service) or above is
entitled to a temporary housing allowance (at a rate
determined under section 403a of this title) while the member
is in a travel or leave status between permanent duty
stations, including time granted as delay en route or proceed
time, when the member is not assigned to quarters of the
United States.''.
(d) Determinations Necessary for Administering Authority
for all Members.--Subsection (h) of such section is amended
by striking out ``enlisted'' each place it appears.
(e) Entitlement of Members Not Entitled to Pay.--Subsection
(i) of such section is amended by striking out ``enlisted''.
(f) Temporary Housing and Allowance for Survivors of Active
Duty Members.--
(1) Continuation of occupancy.--Paragraph (1) of subsection
(l) of such section is amended by striking out ``in line of
duty'' and inserting in lieu thereof ``on active duty''.
(2) Allowance.--Paragraph (2) of such subsection is amended
to read as follows:
``(2)(A) The Secretary concerned may pay a basic allowance
for housing (at the rate determined under section 403a of
this title) to the dependents of a member of the uniformed
services who dies while on active duty and whose dependents--
``(i) are not occupying a housing facility under the
jurisdiction of a uniformed service on the date of the
member's death;
``(ii) are occupying such housing on a rental basis on such
date; or
``(iii) vacate such housing sooner than 180 days after the
date of the member's death.
``(B) The payment of the allowance under this subsection
shall terminate 180 days after the date of the member's
death.''.
(g) Entitlement of Member Paying Child Support.--Subsection
(m) of such section is amended to read as follows:
``(m) Members Paying Child Support.--(1) A member of a
uniformed service with dependents may not be paid a basic
allowance for housing at the with dependents rate solely by
reason of the payment of child support by the member if--
``(A) the member is assigned to a housing facility under
the jurisdiction of a uniformed service; or
``(B) the member is in a pay grade above E-4, is assigned
to sea duty, and elects not to occupy assigned quarters for
unaccompanied personnel.
[[Page S5832]]
``(2) A member of a uniformed service assigned to quarters
of the United States or a housing facility under the
jurisdiction of a uniformed service who is not otherwise
authorized a basic allowance for housing and who pays child
support is entitled to the basic allowance for housing
differential (at the rate applicable under section 403a of
this title) to the members' pay grade except for months for
which the amount payable for the child support is less than
the rate of the differential. Payment of a basic allowance
for housing differential does not affect any entitlement of
the member to a partial allowance for quarters under
subsection (o).''.
(h) Replacement of VHA by Basic Allowance for Housing.--
(1) Members not accompanied by dependents outside conus.--
Such section is further amended by adding at the end the
following:
``(n) Members Not Accompanied by Dependents Outside
CONUS.--(1) A member of a uniformed service with dependents
who is assigned to an unaccompanied tour of duty outside the
continental United States is eligible for a basic allowance
for housing as provided in paragraph (2).
``(2)(A) For any period during which the dependents of a
member referred to in paragraph (1) reside in the United
States where, if the member were residing with them, the
member would be entitled to receive a basic allowance for
housing, the member is entitled to a basic allowance for
housing at the rate applicable under section 403a of this
title to the member's pay grade and the location of the
residence of the member's dependents.
``(B) A member referred to in paragraph (1) may be paid a
basic allowance for housing at the rate applicable under
section 403a of this title to the members's pay grade and
location.
``(3) Payment of a basic allowance for housing to a member
under paragraph (2)(B) shall be in addition to any allowance
or per diem to which the member otherwise may be entitled
under this title.''.
(2) Members not accompanied by dependents inside conus.--
Paragraph (2) of section 403a(a) of title 37, United States
Code, is transferred to the end of section 403 of such title
and, as transferred, is amended--
(A) by striking out ``(2)'' and inserting in lieu thereof
``(o) Members Not Accompanied by Dependents Inside CONUS.--
'';
(B) by striking out ``variable housing allowance'' each
place it appears and inserting in lieu thereof ``basic
allowance for housing'';
(C) by striking out ``(under regulations prescribed under
subsection (e))'' in the matter following subparagraph (B)
and inserting in lieu thereof ``(under regulations prescribed
by the Secretary of Defense)''; and
(D) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively.
(3) Repeal of vha allowance.--Section 403a of title 37,
United States Code, is repealed.
(i) Members Without Dependents.--Section 403 of such title,
as amended by subsection (f), is further amended by adding at
the end the following:
``(p) Partial Allowance for Members Without Dependents.--A
member of a uniformed service without dependents who is not
entitled to receive a basic allowance for housing under
subsection (b) or (c) is entitled to a partial allowance for
quarters determined under section 403a of this title.''.
(j) Stylistic Amendments.--Section 403 of title 37, United
States Code, as amended by this section, is further amended--
(1) in subsection (a), by striking out ``(a)(1)'' and
inserting in lieu thereof ``(a) General Entitlement.--(1)'';
(2) in subsection (b), by striking out ``(b)(1)'' and
inserting in lieu thereof ``(b) Members Assigned to
Quarters.--(1)'';
(3) in subsection (c), by striking out ``(c)(1)'' and
inserting in lieu thereof ``(c) Ineligibility During Initial
Field Duty or Sea Duty.--(1)'';
(4) in subsection (d), by striking out ``(d)(1)'' and
inserting in lieu thereof ``(d) Prohibited Grounds for
Denial.--(1)'';
(5) in subsection (e), by inserting ``Rental of Public
Quarters.--'' after ``(e)'';
(6) in subsection (g), by inserting ``Aviation Cadets.--''
after ``(g)'';
(7) in subsection (h), by inserting ``Necessary
Determinations.--'' after ``(h)'';
(8) in subsection (i), by inserting ``Entitlement of Member
Not Entitled to Pay.--'' after ``(i)'';
(9) in subsection (j), by striking out ``(j)(1)'' and
inserting in lieu thereof ``(j) Administrative Authority.--
(1)'';
(10) in subsection (k), by inserting ``Parking Facilities
Not Considered Quarters.--'' after ``(k)''; and
(11) in subsection (l), by striking out ``(l)(1)'' and
inserting in lieu thereof ``(l) Dependents of Members Dying
on Active Duty.--(1)''.
(k) Section Heading.--The heading of section 403 of title
37, United States Code, is amended to read as follows:
``Sec. 403. Basic allowance for housing: eligibility''.
SEC. 617. RATES OF BASIC ALLOWANCE FOR HOUSING.
Chapter 7 of title 37, United States Code, is amended by
inserting after section 403 the following new section 403a:
``Sec. 403a. Basic allowance for housing: rates
``(a) Rates Prescribed by Secretary of Defense.--The
Secretary of Defense shall prescribe monthly rates of basic
allowance for housing payable under section 403 of this
title. The Secretary shall specify the rates, by pay grade
and dependency status, for each geographic area defined in
accordance with subsection (b).
``(b) Geographic Basis for Rates.--(1) The Secretary shall
define the areas within the United States and the areas
outside the United States for which rates of basic allowance
for housing are separately specified.
``(2) For each area within the United States that is
defined under paragraph (1), the Secretary shall determine
the costs of housing in that area that the Secretary
considers adequate for civilians residents of that area whose
relevant circumstances the Secretary considers as being
comparable to those of members of the uniformed services.
``(3) For each area outside the United States defined under
paragraph (1), the Secretary shall determine the costs of
housing in that area that the Secretary considers adequate
for members of the uniformed services.
``(c) Rates Within the United States.--(1) Subject to
paragraph (2), the monthly rate of basic allowance for
housing for members of the uniformed services of a particular
grade and dependency status for an area within the United
States shall be the amount equal to the excess of--
``(A) the monthly cost of housing determined applicable for
members of that grade and dependency status for that area
under subsection (b), over
``(B) the amount equal to 15 percent of the average of the
monthly costs of housing determined applicable for members of
the uniformed services of that grade and dependency status
for all areas of the United States under subsection (b).
``(2) The rates of basic allowance for housing determined
under paragraph (1) shall be reduced as necessary to comply
with subsection (g).
``(d) Rates Outside the United States.--The monthly rate of
basic allowance for housing for members of the uniformed
services of a particular grade and dependency status for an
area outside the United States shall be an amount appropriate
for members of the uniformed services of that grade and
dependency status for that area, as determined by the
Secretary on the basis of the costs of housing in that area.
``(e) Adjustments When Rates of Basic Pay Increased.--The
Secretary of Defense shall periodically redetermine the
housing costs for areas under subsection (b) and adjust the
rates of basic allowance for housing as appropriate on the
basis of the redetermination of costs. The effective date of
any adjustment in rates of basic allowance for housing for an
area as a result of such a redetermination shall be the same
date as the effective date of the next increase in rates of
basic pay for members of the uniformed services after the
redetermination.
``(f) Savings of Rate.--The rate of basic allowance for
housing payable to a particular member for an area within the
United States may not be reduced during a continuous period
of eligibility of the member to receive a basic allowance for
housing for that area by reason of--
``(1) a general reduction of rates of basic allowance for
housing for members of the same grade and dependency status
for the area taking effect during the period; or
``(2) a promotion of the member during the period.
``(g) Fiscal Year Limitation on Total Allowances Paid for
Housing Inside the United States.--(1) The total amount that
may be paid for a fiscal year for the basic allowance for
housing for areas within the United States authorized members
of the uniformed services by section 403 of this title is the
product of--
``(A) the total amount authorized to be paid for the
allowance for such areas for the preceding fiscal year (as
adjusted under paragraph (2)); and
``(B) the fraction--
``(i) the numerator of which is the average of the costs of
housing determined by the Secretary under subsection (b)(2)
for the areas of the United States for June of the preceding
fiscal year; and
``(ii) the denominator of which is the average of the costs
of housing determined by the Secretary under subsection
(b)(2) for the areas of the United States for June of the
fiscal year before the preceding fiscal year.
``(2) In making a determination under paragraph (1) for a
fiscal year, the Secretary shall adjust the amount authorized
to be paid for the preceding fiscal year for the basic
allowance for housing to reflect changes (during the fiscal
year for which the determination is made) in the number,
grade distribution, and dependency status of members of the
uniformed services entitled to the basic allowance for
housing from the number of such members during such preceding
fiscal year.
``(h) Members En Route Between Permanent Duty Stations.--
The Secretary of Defense shall prescribe in regulations the
rate of the temporary housing allowance to which a member is
entitled under section 403(f) of this title while the member
is in a travel or leave status between permanent duty
stations.
``(i) Survivors of Members Dying on Active Duty.-- The rate
of the basic allowance for housing payable to dependents of a
deceased member under section 403(l)(2) of this title shall
be the rate that is payable for members of the same grade and
dependency status as the deceased member for the area where
the dependents are residing.
``(j) Members Paying Child Support.--(1) The basic
allowance for housing differential
[[Page S5833]]
to which a member is entitled under section 403(m)(2) of this
title is the amount equal to the excess of--
``(A) the rate of the basic allowance for quarters (with
dependents) for the member's pay grade, as such rate was in
effect on December 31, 1997, under section 403 of this title
(as such section was in effect on such date), over
``(B) the rate of the basic allowance for quarters (without
dependents) for the member's pay grade, as such rate was in
effect on December 31, 1997, under section 403 of this title
(as such section was in effect on that date).
``(2) Whenever the rates of basic pay for members of the
uniformed services are increased, the monthly amount of the
basic allowance for housing differential shall be increased
by the average percent increase in the rates of basic pay.
The effective date of the increase shall be the same date as
the effective date in the increase in the rates of basic pay.
``(k) Partial Allowance for Quarters.--The rate of the
partial allowance for quarters to which a member without
dependents is entitled under section 403(p) of this title is
the partial rate of basic allowance for quarters for the
member's pay grade as such partial rate was in effect on
December 31, 1997, under section 1009(c)(2) of this title (as
such section was in effect on such date).''.
SEC. 618. DISLOCATION ALLOWANCE.
(a) Amount.--Section 407 of title 37, United States Code,
is amended--
(1) in subsection (a), by striking out ``equal to the basic
allowance for quarters for two and one-half months as
provided for the member's pay grade and dependency status in
section 403 of this title'' in the matter preceding paragraph
(1) and inserting in lieu thereof ``determined under
subsection (g)'';
(2) in subsection (b), by striking out ``equal to the basic
allowance for quarters for two months as provided for a
member's pay grade and dependency status in section 403 of
this title'' and inserting in lieu thereof ``determined under
subsection (g)''; and
(3) by adding at the end the following:
``(g) Amount.--(1) The dislocation allowance payable to a
member under subsection (a) shall be the amount equal to 160
percent of the monthly national average cost of housing
determined for members of the same grade and dependency
status as the member.
``(2) The dislocation allowance payable to a member under
subsection (b) shall be the amount equal to 130 percent of
the monthly national average cost of housing determined for
members of the same grade and dependency status as the
member.
``(3) In this section, the term `monthly national average
cost of housing', with respect to members of a particular
grade and dependency status, means the average of the monthly
costs of housing that the Secretary determines adequate for
members of that grade and dependency status for all areas in
the United States under section 403a(b)(2) of this title.''.
(b) Stylistic Amendments.--Such section is amended--
(1) in subsection (a), by inserting ``First Allowance.--''
after ``(a)'';
(2) in subsection (b), by inserting ``Second Allowance.--''
after ``(b)'';
(3) in subsection (c), by inserting ``One Allowance Per
Fiscal Year.--'' after ``(c)'';
(4) in subsection (d), by inserting ``No Entitlement for
First and Last Moves.--'' after ``(d)'';
(5) in subsection (e), by inserting ``When Member With
Dependents Considered Member Without Dependents.--'' after
``(e)''; and
(6) in subsection (f), by inserting ``Payment in Advance.--
'' after ``(f)''.
SEC. 619. FAMILY SEPARATION AND STATION ALLOWANCES.
(a) Family Separation Allowance.--
(1) Repeal of authority for allowance equal to baq.--
Section 427 of title 37, United States Code, is amended by
striking out subsection (a).
(2) Conforming amendments.--Subsection (b) of such section
is amended--
(A) by striking out ``(b) Additional Separation
Allowance.--'';
(B) by redesignating paragraphs (1), (2), (3), (4), and
(5), as subsections (a), (b), (c), (d), and (e),
respectively;
(C) in subsection (a), as so redesignated--
(i) by inserting ``Entitlement.--'' after ``(a)'';
(ii) by striking out ``, including subsection (a),''; and
(iii) by redesignating subparagraphs (A), (B), (C), and (D)
as paragraphs (1), (2), (3), and (4), respectively;
(D) in subsection (b), as redesignated by paragraph (2)--
(i) by inserting ``Effective Date for Separation Due to
Cruise or Temporary Duty.--'' after ``(b)'';
(ii) by striking out ``subsection by virtue of duty
described in subparagraph (B) or (C) of paragraph (1)'' and
inserting in lieu thereof ``section by virtue of duty
described in paragraph (2) or (3) of subsection (a)'';
(iii) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively; and
(iv) in paragraph (2), as so redesignated--
(I) by striking out ``subsection'' and inserting in lieu
thereof ``section''; and
(II) by striking out ``subparagraphs'' and inserting in
lieu thereof ``paragraphs'';
(E) in subsection (c), as redesignated by paragraph (2)--
(i) by inserting ``Entitlement When No Residence or
Household Maintained for Dependents.--'' after ``(c)''; and
(ii) by striking out ``subsection'' and inserting in lieu
thereof ``section'';
(F) in subsection (d), as redesignated by paragraph (2)--
(i) by inserting ``Effect of Election of Unaccompanied
Tour.--'' after ``(d)''; and
(ii) by striking out ``paragraph (1)(A) of this
subsection'' and inserting in lieu thereof ``subsection
(a)(1)''; and
(G) in subsection (e), as redesignated by paragraph (2)--
(i) by inserting ``Entitlement While Dependent Entitled to
Basic Pay.--'' after ``(e)''; and
(ii) by striking out ``paragraph (1)(D)'' each place it
appears and inserting in lieu thereof ``subsection (a)(4)''.
(b) Station Allowance.--
(1) Repeal of authority.--Section 405 of title 37, United
States Code, is amended by striking out subsection (b).
(2) Conforming amendment.--Such section is further amended
by redesignating subsections (c) and (d) as subsections (b)
and (c), respectively.
SEC. 620. OTHER CONFORMING AMENDMENTS.
(a) Definition of Regular Military Compensation.--Section
101(25) of title 37, United States Code, is amended by
striking out ``basic allowance for quarters (including any
variable housing allowance or station allowance)'' and
inserting in lieu thereof ``basic allowance for housing.''.
(b) Allowances While Participating in International
Sports.--Section 420(c) of such title is amended by striking
out ``quarters'' and inserting in lieu thereof ``housing''.
(c) Payments to Missing Persons.--Section 551(3)(D) of such
title is amended by striking out ``quarters'' and inserting
in lieu thereof ``housing''.
(d) Payment Date.--Section 1014(a) of such title is amended
by striking out ``basic allowance for quarters'' and
inserting in lieu thereof ``basic allowance for housing''.
(e) Occupancy of Substandard Family Housing.--Section
2830(a) of title 10, United States Code, is amended by
striking out ``basic allowance for quarters'' each place it
appears and inserting in lieu thereof ``basic allowance for
housing''.
SEC. 621. CLERICAL AMENDMENT.
The table of sections at the beginning of chapter 7 of
title 37, United States Code, is amended by striking out the
items relating to section 403 and 403a and inserting in lieu
thereof the following:
``403. Basic allowance for housing: eligibility.
``403a. Basic allowance for housing: rates.''.
SEC. 622. EFFECTIVE DATE.
This part and the amendments made by this part shall take
effect on January 1, 1998.
PART III--OTHER AMENDMENTS RELATING TO ALLOWANCES
SEC. 626. REVISION OF AUTHORITY TO ADJUST COMPENSATION
NECESSITATED BY REFORM OF SUBSISTENCE AND
HOUSING ALLOWANCES.
(a) Conforming Repeal of Authority Relating to BAS and
BAQ.--
(1) In general.--Section 1009 of title 37, United States
Code, is amended to read as follows:
``Sec. 1009. Adjustments of monthly basic pay
``(a) Adjustment Required.--Whenever the General Schedule
of compensation for Federal classified employees as contained
in section 5332 of title 5 is adjusted upward, the President
shall immediately make an upward adjustment in the monthly
basic pay authorized members of the uniformed services by
section 203(a) of this title.
``(b) Effectiveness of Adjustment.--An adjustment under
this section shall--
``(1) have the force and effect of law; and
``(2) carry the same effective date as that applying to the
compensation adjustments provided General Schedule employees.
``(c) Equal Percentage Increase for All Members.--Subject
to subsection (d), an adjustment under this section shall
provide all eligible members with an increase in the monthly
basic pay which is of the same percentage as the overall
average percentage increase in the General Schedule rates of
basic pay for civilian employees.
``(d) Allocation of Increase Among Pay Grades and Years-of-
Service.--(1) Subject to paragraph (2), whenever the
President determines such action to be in the best interest
of the Government, he may allocate the overall percentage
increase in the monthly basic pay under subsection (a) among
such pay grade and years-of-service categories as he
considers appropriate.
``(2) In making any allocation of an overall percentage
increase in basic pay under paragraph (1)--
``(A) the amount of the increase in basic pay for any given
pay grade and years-of-service category after any allocation
made under this subsection may not be less than 75 percent of
the amount of the increase in the monthly basic pay that
would otherwise have been effective with respect to such pay
grade and years-of-service category under subsection (c); and
``(B) the percentage increase in the monthly basic pay in
the case of any member of the uniformed services with four
years or less service may not exceed the overall percentage
increase in the General Schedule rates of basic pay for
civilian employees.
``(e) Notice of Allocations.--Whenever the President plans
to exercise his authority under subsection (d) with respect
to any anticipated increase in the monthly basic pay of
members of the uniformed services, he shall advise Congress,
at the earliest practicable time prior to the effective date
of
[[Page S5834]]
such increase, regarding the proposed allocation of such
increase.
``(f) Quadrennial Assessment of Allocations.--The
allocations of increases made under this section shall be
assessed in conjunction with the quadrennial review of
military compensation required by section 1008(b) of this
title.''.
(2) Clerical amendment.--The item relating to such section
in the table of sections at the beginning of chapter 19 of
such title is amended to read as follows:
``1009. Adjustments of monthly basic pay.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on January 1, 1998.
SEC. 627. DEADLINE FOR PAYMENT OF READY RESERVE MUSTER DUTY
ALLOWANCE.
Section 433(c) of title 37, United States Code, is amended
by striking out ``and shall'' in the first sentence and all
that follows in that sentence and inserting in lieu thereof a
period and the following: ``The allowance shall be paid to
the member before, on, or after the date on which the muster
duty is performed, but not later than 30 days after that
date.''.
Subtitle C--Bonuses and Special and Incentive Pays
SEC. 631. ONE-YEAR EXTENSION OF CERTAIN BONUSES AND SPECIAL
PAY AUTHORITIES FOR RESERVE FORCES.
(a) Special Pay for Critically Short Wartime Health
Specialists.--Section 302g(f) of title 37, United States
Code, is amended by striking out ``September 30, 1998'' and
inserting in lieu thereof ``September 30, 1999''.
(b) Selected Reserve Reenlistment Bonus.--Section 308b(f)
of title 37, United States Code, is amended by striking out
``September 30, 1998'' and inserting in lieu thereof
``September 30, 1999''.
(c) Selected Reserve Enlistment Bonus.--Section 308c(e) of
title 37, United States Code, is amended by striking out
``September 30, 1998'' and inserting in lieu thereof
``September 30, 1999''.
(d) Special Pay for Enlisted Members Assigned to Certain
High Priority Units.--Section 308d(c) of title 37, United
States Code, is amended by striking out ``September 30,
1998'' and inserting in lieu thereof ``September 30, 1999''.
(e) Selected Reserve Affiliation Bonus.--Section 308e(e) of
title 37, United States Code, is amended by striking out
``September 30, 1998'' and inserting in lieu thereof
``September 30, 1999''.
(f) Ready Reserve Enlistment and Reenlistment Bonus.--
Section 308h(g) of title 37, United States Code, is amended
by striking out ``September 30, 1998'' and inserting in lieu
thereof ``September 30, 1999''.
(g) Prior Service Enlistment Bonus.--Section 308i(i) of
title 37, United States Code, is amended by striking out
``September 30, 1998'' and inserting in lieu thereof
``September 30, 1999''.
(h) Repayment of Education Loans for Certain Health
Professionals Who Serve in the Selected Reserve.--Section
16302(d) of title 10, United States Code, is amended by
striking out ``October 1, 1998'' and inserting in lieu
thereof ``October 1, 1999''.
SEC. 632. ONE-YEAR EXTENSION OF CERTAIN BONUSES AND SPECIAL
PAY AUTHORITIES FOR NURSE OFFICER CANDIDATES,
REGISTERED NURSES, AND NURSE ANESTHETISTS.
(a) Nurse Officer Candidate Accession Program.--Section
2130a(a)(1) of title 10, United States Code, is amended by
striking out ``September 30, 1998'' and inserting in lieu
thereof ``September 30, 1999''.
(b) Accession Bonus for Registered Nurses.--Section
302d(a)(1) of title 37, United States Code, is amended by
striking out ``September 30, 1998'' and inserting in lieu
thereof ``September 30, 1999''.
(c) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of title 37, United States Code, is amended by
striking out ``September 30, 1998'' and inserting in lieu
thereof ``September 30, 1999''.
SEC. 633. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO
PAYMENT OF OTHER BONUSES AND SPECIAL PAYS.
(a) Reenlistment Bonus for Active Members.--Section 308(g)
of title 37, United States Code, is amended by striking out
``September 30, 1998'' and inserting in lieu thereof
``September 30, 1999''.
(b) Enlistment Bonuses for Critical Skills.--Sections
308a(c) and 308f(c) of title 37, United States Code, are each
amended by striking out ``September 30, 1998'' and inserting
in lieu thereof ``September 30, 1999''.
(c) Special Pay for Nuclear Qualified Officers Extending
Period of Active Service.--Section 312(e) of title 37, United
States Code, is amended by striking out ``September 30,
1998'' and inserting in lieu thereof ``September 30, 1999''.
(d) Nuclear Career Accession Bonus.--Section 312b(c) of
title 37, United States Code, is amended by striking out
``September 30, 1998'' and inserting in lieu thereof
``September 30, 1999''.
(e) Nuclear Career Annual Incentive Bonus.--Section 312c(d)
of title 37, United States Code, is amended by striking out
``October 1, 1998'' and inserting in lieu thereof ``October
1, 1999''.
SEC. 634. INCREASED AMOUNTS FOR AVIATION CAREER INCENTIVE
PAY.
(a) Amounts.--The table in subsection (b)(1) of section
301a(b)(1) of title 37, United States Code, is amended--
(1) by inserting at the end of phase I of the table the
following:
``Over 14......................................................840'';
and
(2) by striking out phase II of the table and inserting in
lieu thereof the following:
``Phase II
``Monthly
``Years of service as an officer: rate
``Over 22.......................................................$585
``Over 23........................................................495
``Over 24........................................................385
``Over 25......................................................250''.
(b) Effective Date and Applicability.--The amendments made
by subsection (a) shall take effect on October 1, 1998, and
shall apply with respect to months beginning on or after that
date.
SEC. 635. AVIATION CONTINUATION PAY.
(a) Extension of Authority.--Subsection (a) of section 301b
of title 37, United States Code, is amended by striking out
``1998'' and inserting in lieu thereof ``2005''.
(b) Bonus Amounts.--Subsection (c) of such section is
amended--
(1) in paragraph (1), by striking out ``$12,000'' and
inserting in lieu thereof ``$25,000''; and
(2) in paragraph (2), by striking out ``$6,000'' and
inserting in lieu thereof ``$12,000''.
(c) Definition of Aviation Specialty.--Subsection (j)(2) of
such section is amended by inserting ``specific'' before
``community''.
(d) Content of Annual Report.--Subsection (i)(1) of such
section is amended--
(1) by inserting ``and'' at the end of subparagraph (A);
(2) by striking out the semicolon and ``and'' at the end of
subparagraph (B) and inserting in lieu thereof a period; and
(3) by striking out subparagraph (C).
(e) Effective Dates and Applicability.--(1) Except as
provided in paragraphs (1) and (2), the amendments made by
this section shall take effect on the date of the enactment
of this Act.
(2) The amendment made by subsection (b) shall take effect
on October 1, 1997, and shall apply with respect to
agreements accepted under subsection (a) of section 301b of
title 37, United States Code, on or after that date.
(3) The amendment made by subsection (c) shall take effect
as of October 1, 1996, and shall apply with respect to
agreements accepted under subsection (a) of section 301b of
title 37, United States Code, on or after that date.
SEC. 636. ELIGIBILITY OF DENTAL OFFICERS FOR THE MULTIYEAR
RETENTION BONUS PROVIDED FOR MEDICAL OFFICERS.
(a) Addition of Dental Officers.--Section 301d of title 37,
United States Code, is amended--
(1) in subsection (a)(1), by inserting ``or dental'' after
``medical''; and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting ``or Dental Corps'' after ``Medical
Corps''; and
(ii) by inserting ``or dental'' after ``medical''; and
(B) in paragraph (3), by inserting ``or dental'' after
``medical''.
(b) Conforming Amendment and Related Clerical Amendment.--
(1) The heading of such section is amended to read as
follows:
``Sec. 301d. Multiyear retention bonus: medical and dental
officers of the armed forces''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 5 of title 37, United
States Code, is amended to read as follows:
``301d. Multiyear retention bonus: medical and dental officers of the
armed forces.''.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 1997, and apply to agreements
accepted under section 301d of title 37, United States Code,
on or after that date.
SEC. 637. INCREASED SPECIAL PAY FOR DENTAL OFFICERS.
(a) Variable Special Pay for Officers Below Grade O-7.--
Paragraph (2) of section 302b(a) of title 37, United States
Code, is amended by striking out subparagraphs (C), (D), (E),
and (F), and inserting in lieu thereof the following:
``(C) $4,000 per year, if the officer has at least six but
less than 8 years of creditable service.
``(D) $12,000 per year, if the officer has at least 8 but
less than 12 years of creditable service.
``(E) $10,000 per year, if the officer has at least 12 but
less than 14 years of creditable service.
``(F) $9,000 per year, if the officer has at least 14 but
less than 18 years of creditable service.
``(G) $8,000 per year, 18 or more years of creditable
service.''.
(b) Variable Special Pay for Officers Above Grade O-6.--
Paragraph (3) of such section is amended by striking out
``$1,000'' and inserting in lieu thereof ``$7,000''.
(c) Additional Special Pay.--Paragraph (4) of such section
is amended--
(1) in subparagraph (B), by striking out ``14'' and
inserting in lieu thereof ``10''; and
(2) by striking out subparagraphs (C) and (D) and inserting
in lieu thereof the following:
``(C) $15,000 per year, if the officer has 10 or more years
of creditable service.''.
(d) Effective Date.--The amendments made by this section
shall take effect on October 1, 1997, and shall apply with
respect to months beginning on or after that date.
[[Page S5835]]
SEC. 638. MODIFICATION OF SELECTED RESERVE REENLISTMENT BONUS
AUTHORITY.
(a) Eligibility of Members With Up to 14 Years of Total
Service.--Subsection (a) of section 308b of title 37, United
States Code, is amended by striking out ``ten years'' in
paragraph (1) and inserting in lieu thereof ``14 years''.
(b) Two-Bonus Authority for Consecutive 3-Year
Enlistments.--Such subsection is further amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by inserting ``Authority and Eligibility
Requirements.--(1)'' after ``(a)'';
(3) by striking out ``a bonus as provided in subsection
(b)'' before the period at the end and inserting in lieu
thereof ``a bonus or bonuses in accordance with this
section''; and
(4) by adding at the end the following new paragraph (2):
``(2) If a person eligible to receive a bonus under this
section by reason of an enlistment for a period of three
years so elects on or before the date of the enlistment, the
Secretary concerned may pay the person--
``(A) a bonus for that enlistment; and
``(B) an additional bonus for a later voluntary extension
of the enlistment, or a subsequent consecutive enlistment,
for a period of at least three years if--
``(i) on the date of the expiration of the enlistment for
which the first bonus was paid, or the date on which, but for
an extension of the enlistment, the enlistment would
otherwise expire, as the case may be, the person satisfies
the eligibility requirements set forth in paragraph (1) and
the eligibility requirements for reenlisting or extending the
enlistment; and
``(ii) the extension of the enlistment or the subsequent
consecutive enlistment, as the case may be, is in a critical
military skill designated for such a bonus by the Secretary
concerned.''.
(c) Bonus Amounts.--Subsection (b) of such section is
amended to read as follows:
``(b) Bonus Amounts.--(1) In the case of a member who
enlists for a period of six years, the bonus to be paid under
subsection (a) shall be a total amount not to exceed $5,000.
``(2) In the case of a member who enlists for a period of
three years, the bonus to be paid under subsection (a) shall
be as follows:
``(A) If the member does not make an election authorized
under subsection (a)(2), the total amount of the bonus shall
be an amount not to exceed $2,500.
``(B) If the member makes an election under subsection
(a)(2) to be paid a bonus for the enlistment and an
additional bonus for a later extension of the enlistment or
for a subsequent consecutive enlistment--
``(i) the total amount of the first bonus shall be an
amount not to exceed $2,000; and
``(ii) the total amount of the additional bonus shall be an
amount not to exceed $2,500.''.
(d) Disbursement of Bonus.--Subsection (c) of such section
is amended to read as follows:
``(c) Disbursement of Bonus.--(1) Any bonus payable under
this section shall be disbursed in one initial payment of an
amount not to exceed one-half of the total amount of the
bonus and subsequent periodic partial payments of the balance
of the bonus. The Secretary concerned shall prescribe the
amount of each partial payment and the schedule for making
the partial payments.
``(2) Payment of any additional bonus under subsection
(a)(2)(B) for an extension of an enlistment or a subsequent
consecutive enlistment shall begin on or after the date
referred to in clause (i) of that subsection.''.
(e) Subsection Headings.--Such section is further amended--
(1) in subsection (d), by inserting ``Refund for
Unsatisfactory Service.--'' after ``(d)'';
(2) in subsection (e), by inserting ``Regulations.--''
after ``(e)''; and
(3) in subsection (f), by inserting ``Termination of
Authority.--'' after ``(f)''.
(f) Effective Date.--The amendments made by this section
shall take effect on October 1, 1997, and apply to
enlistments in the Armed Forces on or after that date.
SEC. 639. MODIFICATION OF AUTHORITY TO PAY BONUSES FOR
ENLISTMENTS BY PRIOR SERVICE PERSONNEL IN
CRITICAL SKILLS IN THE SELECTED RESERVE.
(a) Reorganization of Section.--Section 308i of title 37,
United States Code, is amended--
(1) by redesignating subsections (e), (f), and (g) as
paragraphs (2), (3), and (4), respectively, of subsection
(d);
(2) by redesignating subsections (b), (c), (d), (h), and
(i) as subsections (c), (e), (f), (g), and (h), respectively;
and
(3) by redesignating paragraph (2) of subsection (a) as
subsection (b) and in subsection (b), as so redesignated, by
redesignating subparagraphs (A), (B), (C), and (D) as
paragraphs (1), (2), (3), and (4), respectively.
(b) Two-Bonus Authority for Consecutive 3-Year
Enlistments.--Subsection (a) of such section is amended by
inserting after paragraph (1) the following new paragraph
(2):
``(2) If a person eligible to receive a bonus under this
section by reason of an enlistment for a period of three
years so elects on or before the date of the enlistment, the
Secretary concerned may pay the person--
``(A) a bonus for that enlistment; and
``(B) an additional bonus for a later extension of the
enlistment, or a subsequent consecutive enlistment, for a
period of at least three years if--
``(i) on the date of the expiration of the enlistment for
which the first bonus was paid, or the date on which, but for
an extension of the enlistment, the enlistment would
otherwise expire, the person satisfies the eligibility
requirements set forth in subsection (b) and the eligibility
requirements for reenlisting or extending the enlistment, as
the case may be; and
``(ii) the extension of the enlistment or the subsequent
consecutive enlistment, as the case may be, is in a critical
military skill designated for such a bonus by the Secretary
concerned.''.
(c) Eligibility of Former Members With Up to 14 Years of
Prior Service.--Subsection (b) of such section, as
redesignated by subsection (a)(3), is amended by striking out
``10 years'' and inserting in lieu thereof ``14 years''.
(d) Bonus Amounts.--Subsection (c) of such section, as
redesignated by subsection (a)(2), is amended to read as
follows:
``(c) Bonus Amounts.--(1) In the case of a member who
enlists for a period of six years, the bonus to be paid under
subsection (a) shall be a total amount not to exceed $5,000.
``(2) In the case of a member who enlists for a period of
three years, the bonus to be paid under subsection (a) shall
be as follows:
``(A) If the member does not make an election authorized
under subsection (a)(2), the total amount of the bonus shall
be an amount not to exceed $2,500.
``(B) If the member makes an election under subsection
(a)(2) to be paid a bonus for the enlistment and an
additional bonus for a later extension of the enlistment or
for a subsequent consecutive enlistment--
``(i) the total amount of the first bonus shall be an
amount not to exceed $2,000; and
``(ii) the total amount of the additional bonus shall be an
amount not to exceed $2,500.''.
(e) Disbursement of Bonus.--Such section is amended by
inserting after subsection (c), as redesignated by subsection
(a)(2) and amended by subsection (d), the following new
subsection (d):
``(d) Disbursement of Bonus.--(1) Any bonus payable under
this section shall be disbursed in one initial payment of an
amount not to exceed one-half of the total amount of the
bonus and subsequent periodic partial payments of the balance
of the bonus. The Secretary concerned shall prescribe the
amount of each partial payment and the schedule for making
the partial payments.
``(2) Payment of any additional bonus under subsection
(a)(2)(B) for an extension of an enlistment or a subsequent
consecutive enlistment shall begin on or after the date
referred to in clause (i) of that subsection.''.
(f) Conforming Amendments.--(1) Subsection (a)(1) of such
section is amended by striking out ``paragraph (2) may be
paid a bonus as prescribed in subsection (b)'' and inserting
in lieu thereof ``subsection (b) may be paid a bonus or
bonuses in accordance with this section''.
(2) Subsection (e) of such section, as redesignated by
subsection (a)(2), is amended by striking out ``may not be
paid more than one bonus under this section and''.
(3) Subsection (f) of such section, as redesignated by
subsection (a)(2), is amended--
(A) by inserting ``Refund for Unsatisfactory Service.--
(1)'' after ``(f)'';
(B) in paragraphs (2) and (4), as redesignated by
subsection (a)(1), by striking out ``subsection (d)'' and
inserting in lieu thereof ``paragraph (1)''; and
(C) in paragraph (3), as redesignated by subsection
(a)(1)--
(i) by striking out ``subsection (h)'' and inserting in
lieu thereof ``subsection (g)''; and
(ii) by striking out ``subsection (d)'' and inserting in
lieu thereof ``paragraph (1)''.
(g) Subsection Headings.--Such section, as amended by
subsections (a) through (f), is further amended--
(1) in subsection (a), by inserting ``Authority.--'' after
``(a)'';
(2) in subsection (b), by inserting ``Eligibility.--''
after ``(b)'';
(3) in subsection (e), by inserting ``Limitation.--'' after
``(e)'';
(4) in subsection (g), by inserting ``Regulations.--''
after ``(g)''; and
(5) in subsection (h), by inserting ``Termination of
Authority.--'' after ``(h)''.
(h) Effective Date.--The amendments made by this section
shall take effect on October 1, 1997, and apply to
enlistments in the Armed Forces on or after that date.
SEC. 640. INCREASED SPECIAL PAY AND BONUSES FOR NUCLEAR
QUALIFIED OFFICERS.
(a) Special Pay for Officers Extending Period of Active
Service.--Subsection (a) of section 312 of title 37, United
States Code, is amended by striking out ``$12,000'' and
inserting in lieu thereof ``$15,000''.
(b) Nuclear Career Accession Bonus.--Subsection (a)(1) of
section 312b of title 37, United States Code, is amended by
striking out ``$8,000'' and inserting in lieu thereof
``$10,000''.
(c) Nuclear Career Annual Incentive Bonuses.--Section 312c
of title 37, United States Code, is amended--
(1) in subsection (a)(1), by striking out ``$10,000'' and
inserting in lieu thereof ``$12,000''; and
(2) in subsection (b)(1), by striking out ``$4,500'' and
inserting in lieu thereof ``$5,500''.
(d) Effective Date.--(1) The amendments made by this
section shall take effect on October 1, 1997.
(2) The amendments made by subsections (a) and (b) shall
apply with respect to agreements accepted under sections
312(a) and 312b(a), respectively, of title 37, United
[[Page S5836]]
States Code, on or after the effective date of the
amendments.
SEC. 641. AUTHORITY TO PAY BONUSES IN LIEU OF SPECIAL PAY FOR
ENLISTED MEMBERS EXTENDING DUTY AT DESIGNATED
LOCATIONS OVERSEAS.
(a) Payment Flexibility.--Section 314 of title 37, United
States Code, is amended--
(1) in subsection (a), by striking out ``at a rate'' and
all that follows through ``Secretary concerned'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) Payment Schedule and Rates.--At the election of the
Secretary concerned, the Secretary may pay the special pay to
which a member is entitled under subsection (a)--
``(1) in monthly installments in an amount prescribed by
the Secretary, but not to exceed $80 each; or
``(2) as an annual bonus in an amount prescribed by the
Secretary, but not to exceed $2,000 per year.''.
(b) Prohibition of Concurrent Receipt with Rest and
Recuperative Absence or Transportation.--Subsection (c) of
such section, as redesignated by subsection (a)(2), is
amended--
(1) by inserting ``Concurrent Receipt of Benefits
Prohibited.--(1)'' after ``(c)''; and
(2) by adding at the end the following:
``(2)(A) In the case of a member entitled to an annual
bonus for a 12-month period under subsection (b)(2), the
amount of the annual bonus shall be reduced by the percent
determined by dividing 12 into the number of months in the
period that the member is authorized rest and recuperative
absence or transportation. For the purposes of the preceding
sentence, a member shall be treated as having been authorized
rest and recuperative absence or transportation for a full
month if rest and recuperative absence or transportation is
authorized for the member for any part of the month.
``(B) The Secretary concerned shall recoup by collection
from a member any amount of an annual bonus paid under
subsection (b)(2) to the member for a 12-month period that
exceeds the amount of the bonus to which the member is
entitled for the period by reason of an authorization of rest
and recuperative absence or transportation for the member
during that period that was not taken into account in
computing the amount of the entitlement.''.
(c) Repayment.--Such section is further amended by adding
at the end the following:
``(d) Refund for Failure To Complete Tour of Duty.--(1) A
member who, having entered into a written agreement to extend
a tour of duty for a period under subsection (a), receives a
bonus payment under subsection (b)(2) for a 12-month period
covered by the agreement and ceases during that 12-month
period to perform the agreed tour of duty shall refund to the
United States the unearned portion of the bonus. The unearned
portion of the bonus is the amount by which the amount of the
bonus paid to the member exceeds the amount determined by
multiplying the amount of the bonus paid by the percent
determined by dividing 12 into the number of full months
during which the member performed the duty in the 12-month
period.
``(2) The Secretary concerned may waive the obligation of a
member to reimburse the United States under paragraph (1) if
the Secretary determines that conditions and circumstances
warrant the waiver.
``(e) Treatment of Reimbursement Obligations.--(1) An
obligation to reimburse the United States imposed under
subsection (c)(2)(B) or (d) is for all purposes a debt owed
to the United States.
``(2) A discharge in bankruptcy under title 11 that is
entered less than 5 years after the termination of a written
agreement entered into under subsection (a) does not
discharge the member signing the agreement from a debt
referred to in paragraph (1). This paragraph applies to any
case commenced under title 11 on or after October 1, 1997.''.
(d) Stylistic Amendment.--Subsection (a) of such section is
amended by inserting ``Authority.--'' after ``(a)''.
(e) Effective Date.--The amendments made by this section
shall take effect on October 1, 1997, and apply to agreements
accepted under section 314 of title 37, United States Code,
on or after that date.
Subtitle D--Retired Pay, Survivor Benefits, and Related Matters
SEC. 651. ONE-YEAR OPPORTUNITY TO DISCONTINUE PARTICIPATION
IN SURVIVOR BENEFIT PLAN.
(a) Election To Discontinue Within One Year After Second
Anniversary of Commencement of Payment of Retired Pay.--(1)
Subchapter II of chapter 73 of title 10, United States Code,
is amended by inserting after section 1448 the following:
``Sec. 1448a. Election to discontinue participation: one-year
opportunity after second anniversary of commencement of
payment of retired pay
``(a) Authority.--A participant in the Plan may, subject to
the provisions of this section, elect to discontinue
participation in the Plan at any time during the 1-year
period beginning on the second anniversary of the date on
which payment of retired pay to the participant commences.
``(b) Concurrence of Spouse.--(1) A married participant may
not make an election under subsection (a) without the
concurrence of the participant's spouse, except that the
participant may make such an election without the concurrence
of the person's spouse if the person establishes to the
satisfaction of the Secretary concerned that one of the
conditions described in section 1448(a)(3)(C) of this title
exists.
``(2) The concurrence of a spouse under paragraph (1) shall
be made in such written form and shall contain such
information as may be required under regulations prescribed
by the Secretary of Defense.
``(c) Limitation on Election When Former Spouse Coverage in
Effect.--The limitation set forth in section 1450(f)(2) of
this title shall apply to an election to discontinue
participation in the Plan under subsection (a).
``(d) Withdrawal of Election To Discontinue.--Section
1448(b)(1)(D) of this title shall apply to an election under
subsection (a).
``(e) Consequences of Discontinuation.--Section
1448(b)(1)(E) of this title shall apply to an election under
subsection (a).
``(f) Notice to Effected Beneficiaries.--The Secretary
concerned shall notify any former spouse or other natural
person previously designated under section 1448(b) of this
title of any election to discontinue participation under
subsection (a).
``(g) Effective Date of Election.--An election authorized
under this section is effective as of the first day of the
first calendar month following the month in which the
election is received by the Secretary concerned.
``(h) Inapplicability of Irrevocability Provisions.--
Paragraphs (4)(B) and (5)(C) of section 1448(a) of this title
do not apply to prevent an election under subsection (a).''.
(2) The table of sections at the beginning of such
subchapter is amended by inserting after the item relating to
section 1448 the following:
``1448a. Election to discontinue participation: one-year opportunity
after second anniversary of commencement of payment of
retired pay.''.
(b) Transition Provision.--Notwithstanding the limitation
on the time for making an election under section 1448a of
title 10, United States Code (as added by subsection (a)),
that is specified in subsection (a) of such section, a
participant in the Survivor Benefit Plan under subchapter II
of chapter 73 of such title may make an election in
accordance with that section within one year after the
effective date of the section if the second anniversary of
the commencement of payment of retired pay to the participant
precedes that effective date.
(c) Effective Date.--Section 1448a of title 10, United
States Code, as added by subsection (a), shall take effect
180 days after the date of the enactment of this Act.
SEC. 652. TIME FOR CHANGING SURVIVOR BENEFIT COVERAGE FROM
FORMER SPOUSE TO SPOUSE.
Section 1450(f)(1)(C) of title 10, United States Code, is
amended by adding at the end the following: ``Notwithstanding
the preceding sentence, a change of election under this
subsection to provide an annuity to a spouse instead of a
former spouse may (subject to paragraph (2)) be made at any
time without regard to the time limitation in section
1448(a)(5)(B) of this title.''.
SEC. 653. PAID-UP COVERAGE UNDER SURVIVOR BENEFIT PLAN.
Section 1452 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(j) Coverage Paid Up at 30 Years or Age 70.--(1) Coverage
of a survivor of a member under the Plan shall be considered
paid up as of the end of the earlier of--
``(A) the 360th month in which the member's retired pay has
been reduced under this section; or
``(B) the month in which the member attains 70 years of
age.
``(2) The retired pay of a member shall not be reduced
under this section to provide coverage of a survivor under
the Plan after the month when the coverage is considered paid
up under paragraph (1).''.
SEC. 654. ANNUITIES FOR CERTAIN MILITARY SURVIVING SPOUSES.
(a) Survivor Annuity.--(1) The Secretary concerned shall
pay an annuity to the qualified surviving spouse of each
member of the uniformed services who--
(A) died before March 21, 1974, and was entitled to retired
or retainer pay on the date of death; or
(B) was a member of a reserve component of the Armed Forces
during the period beginning on September 21, 1972, and ending
on October 1, 1978, and at the time of his death would have
been entitled to retired pay under chapter 67 of title 10,
United States Code (as in effect before December 1, 1994),
but for the fact that he was under 60 years of age.
(2) A qualified surviving spouse for purposes of this
section is a surviving spouse who has not remarried and who
is not eligible for an annuity under section 4 of Public Law
92-425 (10 U.S.C. 1448 note).
(b) Amount of Annuity.--(1) An annuity under this section
shall be paid at the rate of $165 per month, as adjusted from
time to time under paragraph (3).
(2) An annuity paid to a surviving spouse under this
section shall be reduced by the amount of any dependency and
indemnity compensation (DIC) to which the surviving spouse is
entitled under section 1311(a) of title 38, United States
Code.
(3) Whenever after the date of the enactment of this Act
retired or retainer pay is increased under section
1401a(b)(2) of title 10, United States Code, each annuity
that is payable under this section shall be increased at the
same time and by the same total percent. The amount of the
increase shall be
[[Page S5837]]
based on the amount of the monthly annuity payable before any
reduction under this section.
(c) Application Required.--No benefit shall be paid to any
person under this section unless an application for such
benefit is filed with the Secretary concerned by or on behalf
of such person.
(d) Definitions.--For purposes of this section:
(1) The terms ``uniformed services'' and ``Secretary
concerned'' have the meanings given such terms in section 101
of title 37, United States Code.
(2) The term ``surviving spouse'' has the meaning given the
terms ``widow'' and ``widower'' in paragraphs (3) and (4) of
section 1447 of title 10, United States Code.
(e) Prospective Applicability.--(1) Annuities under this
section shall be paid for months beginning after the month in
which this Act is enacted.
(2) No benefit shall accrue to any person by reason of the
enactment of this section for any period before the first
month that begins after the month in which this Act is
enacted.
(f) Expiration of Authority.--The authority to pay
annuities under this section shall expire on September 30,
2001.
Subtitle E--Other Matters
SEC. 661. ELIGIBILITY OF RESERVES FOR BENEFITS FOR ILLNESS,
INJURY, OR DEATH INCURRED OR AGGRAVATED IN LINE
OF DUTY.
(a) Pay and Allowances.--(1) Section 204 of title 37,
United States Code, is amended--
(A) in subsection (g)(1)(D), by inserting after ``while
remaining overnight,'' the following: ``immediately before
the commencement of inactive-duty training or''; and
(B) in subsection (h)(1)(D), by inserting after ``while
remaining overnight,'' the following: ``immediately before
the commencement of inactive-duty training or''.
(2) Section 206(a)(3)(C) of such title is amended by
inserting after ``while remaining overnight,'' the following:
``immediately before the commencement of inactive-duty
training or''.
(b) Medical and Dental Care.--(1) Section 1074a(a)(3) of
title 10, United States Code, is amended by inserting after
``while remaining overnight,'' the following: ``immediately
before the commencement of inactive-duty training or''.
(2) Section 1076(a)(2) of title 10, United States Code, is
amended--
(A) by striking out ``or'' at the end of subparagraph (A);
(B) by striking out the period at the end of subparagraph
(B)(ii) and inserting in lieu thereof ``; or''; and
(C) by adding at the end the following:
``(C) who incurs or aggravates an injury, illness, or
disease in the line of duty while serving on active duty
under a call or order to active duty for a period of 30 days
or less, if the call or order is modified to extend the
period of active duty of the member to be more than 30
days.''.
(c) Eligibility for Disability Retirement or
Separation.--(1) Section 1204(2) of title 10, United States
Code, is amended to read as follows:
``(2) the disability is a result of an injury, illness, or
disease incurred or aggravated--
``(A) in line of duty while performing active duty or
inactive-duty training;
``(B) while traveling directly to or from the place at
which such duty is performed; or
``(C) while remaining overnight, immediately before the
commencement of inactive-duty training or between successive
periods of inactive-duty training, at or in the vicinity of
the site of the inactive-duty training, if the site of the
inactive-duty training is outside reasonable commuting
distance of the member's residence;''.
(2) Section 1206 of title 10, United States Code, is
amended--
(A) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively, and
(B) by inserting after paragraph (1) the following new
paragraph:
``(2) the disability is a result of an injury, illness, or
disease incurred or aggravated--
``(A) in line of duty while performing active duty or
inactive-duty training;
``(B) while traveling directly to or from the place at
which such duty is performed; or
``(C) while remaining overnight, immediately before the
commencement of inactive-duty training or between successive
periods of inactive-duty training, at or in the vicinity of
the site of the inactive-duty training, if the site of the
inactive-duty training is outside reasonable commuting
distance of the member's residence;''.
(d) Recovery, Care, and Disposition of Remains.--Section
1481(a)(2)(D) of title 10, United States Code, is amended by
inserting after ``while remaining overnight,'' the following:
``immediately before the commencement of inactive-duty
training or''.
(e) Conforming Amendments and Related Clerical
Amendments.--(1) The heading of section 1204 of title 10,
United States Code, is amended to read as follows:
``Sec. 1204. Members on active duty for 30 days or less or on
inactive-duty training: retirement''.
(2) The heading of section 1206 of such title is amended to
read as follows:
``Sec. 1206. Members on active duty for 30 days or less or on
inactive-duty training: separation''.
(3) The table of sections at the beginning of chapter 61 of
such title is amended--
(A) by striking out the item relating to section 1204 and
inserting in lieu thereof the following:
``1204. Members on active duty for 30 days or less or on inactive-duty
training: retirement.'';
and
(B) by striking out the item relating to section 1206 and
inserting in lieu thereof the following:
``1206. Members on active duty for 30 days or less or on inactive-duty
training: separation.''.
(f) Prospective Applicability.--No benefit shall accrue
under an amendment made by this section for any period before
the date of the enactment of this Act.
SEC. 662. TRAVEL AND TRANSPORTATION ALLOWANCES FOR DEPENDENTS
BEFORE APPROVAL OF A MEMBER'S COURT-MARTIAL
SENTENCE.
Section 406(h)(2)(C) of title 37, United States Code, is
amended by inserting before the period at the end of the
matter following clause (iii) the following: ``or action on
the sentence is pending under that section''.
SEC. 663. ELIGIBILITY OF MEMBERS OF THE UNIFORMED SERVICES
FOR REIMBURSEMENT OF ADOPTION EXPENSES.
(a) Public Health Service.--Section 221(a) of the Public
Health Service Act (42 U.S.C. 213a(a)) is amended by adding
at the end the following:
``(16) Section 1052, Reimbursement for adoption
expenses.''.
(b) National Oceanic and Atmospheric Administration.--
Section 3(a) of the Act entitled ``An Act to revise, codify,
and enact into law, title 10 of the United States Code,
entitled `Armed Forces', and title 32 of the United States
Code, entitled `National Guard' '', approved August 10, 1956
(33 U.S.C. 857a(a)), is amended by adding at the end the
following:
``(16) Section 1052, Reimbursement for adoption
expenses.''.
(c) Prospective Applicability.--The amendments made by this
section shall take effect on the date of the enactment of
this Act and apply to adoptions completed on or after such
date.
TITLE VII--HEALTH CARE PROVISIONS
SEC. 701. WAIVER OF DEDUCTIBLES, COPAYMENTS, AND ANNUAL FEES
FOR MEMBERS ASSIGNED TO CERTAIN DUTY LOCATIONS
FAR FROM SOURCES OF CARE.
(a) Authority.--Chapter 55 of title 10, United States Code,
is amended by adding at the end the following:
``Sec. 1107. Waiver of deductibles, copayments, and annual
fees for members assigned to certain duty locations far
from sources of care
``(a) Authority.--The administering Secretaries shall
prescribe in regulations--
``(1) authority for members of the armed forces referred to
in subsection (b) to receive care under the Civilian Health
and Medical Program of the Uniformed Services; and
``(2) policies and procedures for waiving an obligation for
such members to pay a deductible, copayment, or annual fee
that would otherwise be applicable under that program for
care provided to the members under the program.
``(b) Eligibility.--The regulations may be applied to a
member of the uniformed services on active duty who--
``(1) is assigned to--
``(A) permanent duty as a recruiter;
``(B) permanent duty at an educational institution to
instruct, administer a program of instruction, or provide
administrative services in support of a program of
instruction for the Reserve Officers' Training Corps;
``(C) permanent duty as a full-time adviser to a unit of a
reserve component of the armed forces; or
``(D) any other permanent duty designated by the
administering Secretary concerned for purposes of the
regulations; and
``(2) pursuant to such assignment, resides at a location
that is more than 50 miles, or one hour of driving time,
from--
``(A) the nearest health care facility of the uniformed
services adequate to provide the needed care under this
chapter; and
``(B) the nearest source of the needed care that is
available to the member under the TRICARE Prime plan.
``(c) Payment of Costs.--Deductibles, copayments, and
annual fees not payable by a member by reason of a waiver
granted under the regulations shall be paid out of funds
available to the Department of Defense for the defense health
program.
``(d) Definitions.--In this section:
``(1) The term `TRICARE Prime plan' means a plan under the
TRICARE program that provides for voluntary enrollment for
health care to be furnished in a manner similar to the manner
in which health care is furnished by health maintenance
organizations.
``(2) The term `TRICARE program' means the managed health
care program that is established by the Secretary of Defense
under the authority of this chapter, principally section 1097
of this title, and includes the competitive selection of
contractors to financially underwrite the delivery of health
care services under the Civilian Health and Medical Program
of the Uniformed Services.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following:
``1107. Waiver of deductibles, copayments, and annual fees for members
assigned to certain duty locations far from sources of
care.''.
[[Page S5838]]
SEC. 702. PAYMENT FOR EMERGENCY HEALTH CARE OVERSEAS FOR
MILITARY AND CIVILIAN PERSONNEL OF THE ON-SITE
INSPECTION AGENCY.
(a) Payment of Costs.--The Secretary of Defense may pay the
costs of any emergency health care that--
(1) is needed by a member of the Armed Forces, civilian
employee of the Department of Defense, or civilian employee
of a contractor while the person is performing temporary or
permanent duty with the On-Site Inspection Agency outside the
United States; and
(2) is furnished to such person during fiscal year 1998 by
a source outside the United States.
(b) Funding.--Funds authorized to be appropriated for the
expenses of the On-Site Inspection Agency for fiscal year
1998 by this Act shall be available to cover payments for
emergency health care under subsection (a).
SEC. 703. DISCLOSURES OF CAUTIONARY INFORMATION ON
PRESCRIPTION MEDICATIONS.
(a) Requirement for Regulations.--Not later than 180 days
after the date of the enactment of this Act, the
administering Secretaries referred to in section 1073(3) of
title 10, United States Code, shall prescribe regulations
that require each source dispensing a prescription medication
to a person under chapter 55 of such title to furnish to that
person, with the medication, written cautionary information
on the medication.
(b) Information To Be Disclosed.--Information required to
be disclosed about a medication under the regulations shall
include appropriate cautions about usage of the medication,
including possible side effects and potentially hazardous
interactions with foods.
(c) Form of Information.--The regulations shall require
that information be furnished in a form that, to the maximum
extent practicable, is easily read and understood.
(d) Covered Sources.--The regulations shall apply to the
following:
(1) Pharmacies and any other dispensers of prescription
medications in medical facilities of the uniformed services.
(2) Sources of prescription medications under any mail
order pharmaceuticals program provided by any of the
administering Secretaries under chapter 55 of title 10,
United States Code.
(3) Pharmacies paid under the Civilian Health and Medical
Program of the Uniformed Services (including the TRICARE
program).
(4) Pharmacies, and any other pharmaceutical dispensers, of
designated providers referred to in section 721(5) of the
National Defense Authorization Act for Fiscal Year 1997
(Public Law 104-201; 110 Stat. 2593; 10 U.S.C. 1073 note).
SEC. 704. HEALTH CARE SERVICES FOR CERTAIN RESERVES WHO
SERVED IN SOUTHWEST ASIA DURING THE PERSIAN
GULF WAR.
(a) Requirement.--A member of the Armed Forces described in
subsection (b) shall be entitled to medical and dental care
under chapter 55 of title 10, United States Code, for a
symptom or illness described in subsection (b)(2) to the same
extent and under the same conditions (other than the
requirement to be on active duty) as is a member of a
uniformed service who is entitled under section 1074(a) of
such title to medical and dental care under such chapter. The
Secretary shall provide such care free of charge to the
member.
(b) Covered Members.--Subsection (a) applies to any member
of a reserve component of the Armed Forces who--
(1) is a Persian Gulf veteran;
(2) registers a symptom or illness in the Persian Gulf War
Veterans Health Surveillance System of the Department of
Defense that is presumed under section 721(d) of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law
103-337; 108 Stat. 2805; 10 U.S.C. 1074 note) to be a result
of such service; and
(3) is not otherwise entitled to medical and dental care
under section 1074(a) of title 10, United States Code.
(c) Definition.--In this section, the term ``Persian Gulf
veteran'' has the same meaning as in section 721(i) of the
National Defense Authorization Act for Fiscal Year 1995
(Public Law 103-337; 108 Stat. 2807; 10 U.S.C. 1074 note).
SEC. 705. COLLECTION OF DENTAL INSURANCE PREMIUMS.
(a) Selected Reserve Dental Insurance.--Paragraph (3) of
section 1076b(b) of title 10, United States Code, is amended
to read as follows:
``(3) The Secretary of Defense shall establish procedures
for the collection of the member's share of the premium for
coverage by the dental insurance plan. To the extent that the
Secretary determines practicable, a member's share may be
deducted and withheld from the basic pay payable to the
member for inactive duty training and from the basic pay
payable to the member for active duty.''.
(b) Retiree Dental Insurance.--Paragraph (2) of section
1076c(c) of title 10, United States Code, is amended by
striking out ``(2) The amount of the premiums'' and inserting
in lieu thereof ``(2) The Secretary of Defense shall
establish procedures for the collection of the premiums
charged for coverage by the dental insurance plan. To the
extent that the Secretary determines practicable, the
premiums''.
SEC. 706. DENTAL INSURANCE PLAN COVERAGE FOR RETIREES OF
UNIFORMED SERVICE IN THE PUBLIC HEALTH SERVICE
AND NOAA.
(a) Officials Responsible.--Subsection (a) of section 1076c
of title 10, United States Code, is amended by striking out
``Secretary of Defense'' and inserting in lieu thereof
``administering Secretaries''.
(b) Eligibility.--Subsection (b)(1) of such section is
amended by striking out ``Armed Forces'' and inserting in
lieu thereof ``uniformed services''.
SEC. 707. PROSTHETIC DEVICES FOR DEPENDENTS.
(a) Expanded Authority.--Section 1077(a) of title 10,
United States Code, is amended by adding at the end the
following:
``(15) Artificial limbs, voice prostheses, and artificial
eyes.
``(16) Any prosthetic device not named in paragraph (15)
that is determined under regulations prescribed by the
Secretary of Defense to be necessary because of one or more
significant impairments resulting from trauma, congenital
anomaly, or disease.''.
(b) Conforming Amendment.--Paragraph (2) of subsection (b)
of such section is amended to read as follows:
``(2) Hearing aids, orthopedic footwear, and spectacles,
except that such items may be sold, at the cost to the United
States, to dependents outside the United States and at
stations inside the United States where adequate civilian
facilities are unavailable.''.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 801. STREAMLINED APPROVAL REQUIREMENTS FOR CONTRACTS
UNDER INTERNATIONAL AGREEMENTS.
Section 2304(f)(2)(E) of title 10, United States Code, is
amended by striking out ``and such document is approved by
the competition advocate for the procuring activity''.
SEC. 802. RESTRICTION ON UNDEFINITIZED CONTRACT ACTIONS.
(a) Applicability of Waiver Authority to Humanitarian or
Peacekeeping Operations.--Section 2326(b)(4) of title 10,
United States Code, is amended to read as follows:
``(4) The head of an agency may waive the provisions of
this subsection with respect to a contract of that agency if
that head of an agency determines that the waiver is
necessary in order to support any of the following
operations:
``(A) A contingency operation.
``(B) A humanitarian or peacekeeping operation.''.
(b) Humanitarian or Peacekeeping Operation Defined.--
Section 2302(7) of such title is amended--
(1) by striking out ``(7)(A)'' and inserting in lieu
thereof ``(7)''; and
(2) by striking out ``(B) In subparagraph (A), the'' and
inserting in lieu thereof ``(8) The''.
SEC. 803. EXPANSION OF AUTHORITY TO CROSS FISCAL YEARS TO ALL
SEVERABLE SERVICE CONTRACTS NOT EXCEEDING A
YEAR.
(a) Expanded Authority.--Section 2410a of title 10, United
States Code, is amended to read as follows:
``Sec. 2410a. Severable service contracts for periods
crossing fiscal years
``(a) Authority.--The Secretary of Defense or the Secretary
of a military department may enter into a contract for
procurement of severable services for a period that begins in
one fiscal year and ends in the next fiscal year if (without
regard to any option to extend the period of the contract)
the contract period does not exceed one year.
``(b) Obligation of Funds.--Funds made available for a
fiscal year may be obligated for the total amount of a
contract entered into under the authority of subsection
(a).''.
(b) Clerical Amendment.--The item relating to such section
in the table of sections at the beginning of chapter 141 of
such title is amended to read as follows:
``2410a. Severable service contracts for periods crossing fiscal
years.''.
SEC. 804. LIMITATION ON ALLOWABILITY OF COMPENSATION FOR
CERTAIN CONTRACTOR PERSONNEL.
(a) Certain Compensation Not Allowable as Costs Under
Defense Contracts.--(1) Subsection (e)(1) of section 2324 of
title 10, United States Code, is amended by adding at the end
the following:
``(P) Costs of compensation of senior executives of
contractors for a fiscal year, to the extent that such
compensation exceeds the benchmark compensation amount
determined applicable for the fiscal year by the
Administrator for Federal Procurement Policy under section 39
of the Office of Federal Procurement Policy Act (41 U.S.C.
435).''.
(2) Subsection (l) of such section is amended by adding at
the end the following:
``(4) The term `compensation', for a fiscal year, means the
total amount of wages, salary, bonuses and deferred
compensation for the fiscal year, whether paid, earned, or
otherwise accruing, as recorded in an employer's cost
accounting records for the fiscal year.
``(5) The term `senior executive', with respect to a
contractor, means--
``(A) the chief executive officer of the contractor or any
individual acting in a similar capacity for the contractor;
``(B) the five most highly compensated employees in
management positions of the contractor other than the chief
executive officer; and
[[Page S5839]]
``(C) in the case of a contractor that has components
managed by personnel who report on the operations of the
components directly to officers of the contractor, the five
most highly compensated individuals in management positions
at each such component.''.
(b) Certain Compensation Not Allowable as Costs Under Non-
Defense Contracts.--(1) Subsection (e)(1) of section 306 of
the Federal Property and Administrative Services Act of 1949
(41 U.S.C. 256) is amended by adding at the end the
following:
``(P) Costs of compensation of senior executives of
contractors for a fiscal year, to the extent that such
compensation exceeds the benchmark compensation amount
determined applicable for the fiscal year by the
Administrator for Federal Procurement Policy under section 39
of the Office of Federal Procurement Policy Act (41 U.S.C.
435).''.
(2) Such section is further amended by adding at the end
the following:
``(m) Other Definitions.--In this section:
``(1) The term `compensation', for a fiscal year, means the
total amount of wages, salary, bonuses and deferred
compensation for the fiscal year, whether paid, earned, or
otherwise accruing, as recorded in an employer's cost
accounting records for the fiscal year.
``(2) The term `senior executive', with respect to a
contractor, means--
``(A) the chief executive officer of the contractor or any
individual acting in a similar capacity for the contractor;
``(B) the five most highly compensated employees in
management positions of the contractor other than the chief
executive officer; and
``(C) in the case of a contractor that has components
managed by personnel who report on the operations of the
components directly to officers of the contractor, the five
most highly compensated individuals in management positions
at each such component.''.
(c) Levels of Compensation Not Allowable.--(1) The Office
of Federal Procurement Policy Act (41 U.S.C. 401 et seq.) is
amended by adding at the end the following:
``SEC. 39. LEVELS OF COMPENSATION OF CERTAIN CONTRACTOR
PERSONNEL NOT ALLOWABLE AS COSTS UNDER CERTAIN
CONTRACTS.
``(a) Determination Required.--For purposes of section
2324(e)(1)(P) of title 10, United States Code, and section
306(e)(1)(P) of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 256(e)(1)(P)), the
Administrator shall review commercially available surveys of
executive compensation and, on the basis of the results of
the review, determine a benchmark compensation amount to
apply for each fiscal year. In making determinations under
this subsection the Administrator shall consult with the
Director of the Defense Contract Audit Agency and such other
officials of executive agencies as the Administrator
considers appropriate.
``(b) Benchmark Compensation Amount.--The benchmark
compensation amount applicable for a fiscal year is the
median amount of the compensation provided for all senior
executives of all benchmark corporations for the most recent
year for which data is available at the time the
determination under subsection (a) is made.
``(c) Definitions.--In this section:
``(1) The term `compensation', for a year, means the total
amount of wages, salary, bonuses and deferred compensation
for the year, whether paid, earned, or otherwise accruing, as
recorded in an employer's cost accounting records for the
year.
``(2) The term `senior executive', with respect to a
corporation, means--
``(A) the chief executive officer of the corporation or any
individual acting in a similar capacity for the corporation;
``(B) the five most highly compensated employees in
management positions of the corporation other than the chief
executive officer; and
``(C) in the case of a corporation that has components
managed by personnel who report on the operations of the
components directly to officers of the corporation, the five
most highly compensated individuals in management positions
at each such component.
``(3) The term `benchmark corporation', with respect to a
year, means a publicly-owned United States corporation that
has annual sales in excess of $50,000,000 for the year.
``(4) The term `publicly-owned United States corporation'
means a corporation organized under the laws of a State of
the United States, the District of Columbia, the Commonwealth
of Puerto Rico, or a possession of the United States the
voting stock of which is publicly traded.''.
(2) The table of sections in section 1(b) of such Act is
amended by adding at the end the following:
``Sec. 39. Levels of compensation of certain contractor personnel not
allowable as costs under certain contracts.''.
(d) Regulations.--Regulations implementing the amendments
made by this section shall be published in the Federal
Register not later than the effective date of the amendments
under subsection (e).
(e) Effective Date.--(1) The amendments made by this
section shall take effect on the date that is 90 days after
the date of the enactment of this Act and shall apply with
respect to payments that become due from the United States
after that date under covered contracts entered into before,
on, or after that date.
(2) In paragraph (1), the term ``covered contract'' has the
meaning given such term in section 2324(l) of title 10,
United States Code, and section 306(l) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
256(l)).
SEC. 805. INCREASED PRICE LIMITATION ON PURCHASES OF RIGHT-
HAND DRIVE VEHICLES.
Section 2253(a)(2) of title 10, United States Code, is
amended by striking out ``$12,000'' and inserting in lieu
thereof ``$30,000''.
SEC. 806. CONVERSION OF DEFENSE CAPABILITY PRESERVATION
AUTHORITY TO NAVY SHIPBUILDING CAPABILITY
PRESERVATION AUTHORITY.
(a) Authority of Secretary of the Navy.--Section 808 of the
National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106; 110 Stat. 393; 10 U.S.C. 2501) is
amended--
(1) in subsection (a), by striking out ``Secretary of
Defense'' and inserting in lieu thereof ``Secretary of the
Navy''; and
(2) in subsection (b)(2), by striking out ``Secretary of
Defense if the Secretary of Defense'' and inserting in lieu
thereof ``Secretary of the Navy if the Secretary''.
(b) Name of Agreements.--Subsection (a) of such section is
amended--
(1) by striking out ``Defense Capability Preservation
Agreement.--'' and inserting in lieu thereof ``Shipbuilding
Capability Preservation Agreement.--''; and
(2) by striking out `` `defense capability preservation
agreement' '' and inserting in lieu thereof `` `shipbuilding
capability preservation agreement' ''.
(c) Scope of Authority.--(1) The first sentence of
subsection (a) of such section is amended--
(A) by striking out ``defense contractor'' and inserting in
lieu thereof ``shipbuilder''; and
(B) by adding at the end the following ``to the shipbuilder
under a Navy contract for the construction of a ship''.
(2) Subsection (b)(1)(A) of such section is amended by
striking out ``defense contract'' and inserting in lieu
thereof ``contract for the construction of a ship for the
Navy''.
(d) Maximum Amount of Allocable Indirect Costs.--Subsection
(b)(1)(C) of such section is amended--
(1) by striking out ``in any year of'' and inserting in
lieu thereof ``covered by''; and
(2) by striking out ``that year'' and inserting in lieu
thereof ``the period covered by the agreement''.
(e) Applicability.--Such section is further amended by
striking out subsections (c), (d), and (e) and inserting in
lieu thereof the following:
``(c) Applicability.--(1) An agreement entered into with a
shipbuilder under subsection (a) shall apply to each of the
following Navy contracts with the shipbuilder:
``(A) A contract that is in effect on the date on which the
agreement is entered into.
``(B) A contract that is awarded during the term of the
agreement.
``(2) In a shipbuilding capability preservation agreement
applicable to a shipbuilder, the Secretary may agree to apply
the cost reimbursement rules set forth in subsection (b) to
allocations of indirect costs to private sector work
performed by the shipbuilder only with respect to costs that
the shipbuilder incurred on or after the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 1998 under a contract between the shipbuilder and
a private sector customer of the shipbuilder that became
effective on or after January 26, 1996.''.
(f) Implementation and Report.--Such section is further
amended adding at the end the following:
``(d) Implementation.--Not later than 30 days after the
date of the enactment of the National Defense Authorization
Act for Fiscal Year 1998, the Secretary of the Navy shall
establish application procedures and procedures for
expeditious consideration of shipbuilding capability
preservation agreements as authorized by this section.
``(e) Report.--Not later than February 15, 1998, the
Secretary of the Navy shall submit to the congressional
defense committees a report on applications for shipbuilding
capability preservation agreements. The report shall contain
the number of the applications received, the number of the
applications approved, and a discussion of the reasons for
disapproval of any applications disapproved.''.
(g) Section Heading.--The heading for such section is
amended by striking out ``defense'' and inserting in lieu
thereof ``certain''.
SEC. 807. ELIMINATION OF CERTIFICATION REQUIREMENT FOR
GRANTS.
Section 5153 of the Drug-Free Workplace Act of 1988 (Public
Law 100-690; 102 Stat. 4306; 41 U.S.C. 702) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking out ``has certified to
the granting agency that it will'' and inserting in lieu
thereof ``agrees to''; and
(B) in paragraph (2), by striking out ``certifies to the
agency'' and inserting in lieu thereof ``agrees''; and
(2) in subsection (b)(1)--
(A) by striking out subparagraph (A);
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively; and
(C) in subparagraph (A), as so redesignated, by striking
out ``such certification by failing to carry out''.
[[Page S5840]]
SEC. 808. REPEAL OF LIMITATION ON ADJUSTMENT OF SHIPBUILDING
CONTRACTS.
(a) Repeal.--(1) Section 2405 of title 10, United States
Code, is repealed.
(2) The table of sections at the beginning of chapter 141
of such title is amended by striking out the item relating to
section 2405.
(b) Applicability.--(1) Except as provided in paragraph
(2), the amendments made by subsection (a) shall apply to
claims, requests for equitable adjustment, and demands for
payment under shipbuilding contracts that have been or are
submitted before, on, or after the date of the enactment of
this Act.
(2) Section 2405 of title 10, United States Code, as in
effect immediately before the date of the enactment of this
Act, shall continue to apply to a contractor's claim, request
for equitable adjustment, or demand for payment under a
shipbuilding contract that was submitted before such date
if--
(A) a contracting officer denied the claim, request, or
demand, and the period for appealing the decision to a court
or board under the Contract Disputes Act of 1978 expired
before such date;
(B) a court or board of contract appeals considering the
claim, request, or demand (including any appeal of a decision
of a contracting officer to deny or dismiss the claim,
request, or demand) denied the claim, request, or demand (or
the appeal), and the action of the court or board became
final and unappealable before such date; or
(C) the contractor released or releases the claim, request,
or demand.
Subtitle B--Contract Provisions
SEC. 811. CONTRACTOR GUARANTEES OF MAJOR SYSTEMS.
(a) Revision of Requirement.--Section 2403 of title 10,
United States Code, is amended to read as follows:
``Sec. 2403. Major systems: contractor guarantees
``(a) Guarantee Required.--In any case in which the head of
an agency determines that it is appropriate and cost
effective to do so in entering into a contract for the
production of a major system, the head of an agency shall,
except as provided in subsection (b), require the prime
contractor to provide the United States with a written
guarantee that--
``(1) the item provided under the contract will conform to
the design and manufacturing requirements specifically
delineated in the production contract (or in any amendment to
that contract);
``(2) the item provided under the contract will be free
from all defects in materials and workmanship at the time it
is delivered to the United States;
``(3) the item provided under the contract will conform to
the essential performance requirements of the item as
specifically delineated in the production contract (or in any
amendment to that contract); and
``(4) if the item provided under the contract fails to meet
a guarantee required under paragraph (1), (2), or (3), the
contractor will, at the election of the Secretary of Defense
or as otherwise provided in the contract--
``(A) promptly take such corrective action as may be
necessary to correct the failure at no additional cost to the
United States; or
``(B) pay costs reasonably incurred by the United States in
taking such corrective action.
``(b) Exception.--The head of an agency may not require a
prime contractor under subsection (a) to provide a guarantee
for a major system, or for a component of a major system,
that is furnished by the United States.
``(c) Definitions.--In this section:
``(1) The term `prime contractor' means a party that enters
into an agreement directly with the United States to furnish
part or all of a major system.
``(2) The term `design and manufacturing requirements'
means structural and engineering plans and manufacturing
particulars, including precise measurements, tolerances,
materials, and finished product tests for the major system
being produced.
``(3) The term `essential performance requirements', with
respect to a major system, means the operating capabilities
or maintenance and reliability characteristics of the system
that are determined by the Secretary of Defense to be
necessary for the system to fulfill the military requirement
for which the system is designed.
``(4) The term `component' means any constituent element of
a major system.
``(5) The term `head of an agency' has the meaning given
that term in section 2302 of this title.''.
(b) Clerical Amendment.--The item relating to such section
in the table of sections at the beginning of chapter 141 of
such title is amended to read as follows:
``2403. Major systems: contractor guarantees.''.
SEC. 812. VESTING OF TITLE IN THE UNITED STATES UNDER
CONTRACTS PAID UNDER PROGRESS PAYMENT
ARRANGEMENTS OR SIMILAR ARRANGEMENTS.
Section 2307 of title 10, United States Code, is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new
subsection (h):
``(h) Vesting of Title in the United States.--If a contract
paid by a method authorized under subsection (a)(1) provides
for title to property to vest in the United States, the title
to the property shall vest in accordance with the terms of
the contract, regardless of any security interest in the
property that is asserted before or after the contract is
entered into.''.
Subtitle C--Acquisition Assistance Programs
SEC. 821. PROCUREMENT TECHNICAL ASSISTANCE PROGRAMS.
(a) Funding.--Of the amount authorized to be appropriated
under section 301(5), $12,000,000 shall be available for
carrying out the provisions of chapter 142 of title 10,
United States Code.
(b) Specific Programs.--Of the amounts made available
pursuant to subsection (a), $600,000 shall be available for
fiscal year 1998 for the purpose of carrying out programs
sponsored by eligible entities referred to in subparagraph
(D) of section 2411(1) of title 10, United States Code, that
provide procurement technical assistance in distressed areas
referred to in subparagraph (B) of section 2411(2) of such
title. If there is an insufficient number of satisfactory
proposals for cooperative agreements in such distressed areas
to allow effective use of the funds made available in
accordance with this subsection in such areas, the funds
shall be allocated among the Defense Contract Administration
Services regions in accordance with section 2415 of such
title.
SEC. 822. ONE-YEAR EXTENSION OF PILOT MENTOR-PROTEGE PROGRAM.
Section 831(j) of the National Defense Authorization Act
for Fiscal Year 1991 (10 U.S.C. 2302 note) is amended--
(1) in paragraph (1), by striking out ``1998'' and
inserting in lieu thereof ``1999'';
(2) in paragraph (2), by striking out ``1999'' and
inserting in lieu thereof ``2000''; and
(3) in paragraph (3), by striking out ``1999'' and
inserting in lieu thereof ``2000''.
SEC. 823. TEST PROGRAM FOR NEGOTIATION OF COMPREHENSIVE
SUBCONTRACTING PLANS.
(a) Content of Subcontracting Plans.--Subsection (b)(2) of
section 834 of the National Defense Authorization Act for
Fiscal Years 1990 and 1991 (Public Law 101-189; 15 U.S.C. 637
note) is amended--
(1) by striking out ``plan--'' and inserting in lieu
thereof ``plan of a contractor--'';
(2) by striking out subparagraph (A);
(3) by redesignating subparagraph (B) as subparagraph (A)
and by striking out the period at the end of such
subparagraph and inserting in lieu thereof ``; and''; and
(4) by adding at the end the following:
``(B) shall cover each Department of Defense contract that
is entered into by the contractor and each subcontract that
is entered into by the contractor as the subcontractor under
a Department of Defense contract.''.
(b) Extension of Program.--Subsection (e) of such section
is amended by striking out ``September 30, 1998'' in the
second sentence and inserting in lieu thereof ``September 30,
2000.''.
SEC. 824. PRICE PREFERENCE FOR SMALL AND DISADVANTAGED
BUSINESSES.
Section 2323(e)(3) of title 10, United States Code, is
amended by--
(1) inserting ``(A)'' after ``(3)'';
(2) inserting ``, except as provided in (B),'' after ``the
head of an agency may'' in the first sentence; and
(3) adding at the end the following:
``(B) The Secretary of Defense may not exercise the
authority under subparagraph (A) to enter into a contract for
a price exceeding fair market cost in any fiscal year
following a fiscal year in which the Department of Defense
attained the 5 percent goal required by subsection (a).''.
Subtitle D--Administrative Provisions
SEC. 831. RETENTION OF EXPIRED FUNDS DURING THE PENDENCY OF
CONTRACT LITIGATION.
(a) In General.--Chapter 141 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2410m. Retention of amounts collected from contractor
during the pendency of contract dispute
``(a) Retention of Funds.--Notwithstanding sections 1552(a)
and 3302(b) of title 31, any amount, including interest,
collected from a contractor as a result of a claim made by an
executive agency under the Contract Disputes Act of 1978 (41
U.S.C. 601 et seq.), shall remain available in accordance
with this section to pay--
``(1) any settlement of the claim by the parties;
``(2) any judgment rendered in the contractor's favor on an
appeal of the decision on that claim to the Armed Services
Board of Contract Appeals under section 7 of such Act (41
U.S.C. 606); or
``(3) any judgment rendered in the contractor's favor in an
action on that claim in a court of the United States.
``(b) Period of Availability.--(1) The period of
availability of an amount under subsection (a), in connection
with a claim--
``(A) expires 180 days after the expiration of the period
for bringing an action on that claim in the United States
Court of Federal Claims under section 10(a) of the Contract
Disputes Act of 1978 (41 U.S.C. 609(a)) if, within that 180-
day period--
``(i) no appeal on the claim in commenced at the Armed
Services Board of Contract Appeals under section 7 of the
Contract Disputes Act of 1978; and
``(ii) no action on the claim is commenced in a court of
the United States; or
``(B) if not expiring under subparagraph (A), expires--
[[Page S5841]]
``(i) in the case of a settlement of the claim, 180 days
after the date of the settlement; or
``(ii) in the case of a judgment rendered on the claim in
an appeal to the Armed Services Board of Contract Appeals
under section 7 of the Contract Disputes Act of 1978 or an
action in a court of the United States, 180 days after the
date on which the judgment becomes final and not appealable.
``(2) While available under this section, an amount may be
obligated or expended only for the purpose described in
subsection (a).
``(3) Upon the expiration of the period of availability of
an amount under paragraph (1), the amount shall be deposited
in the Treasury as miscellaneous receipts.
``(c) Reporting Requirement.--Each year, the Under
Secretary of Defense (Comptroller) shall submit to Congress a
report on the amounts, if any, that are available for
obligation pursuant to this section. The report shall
include, at a minimum, the following:
``(1) The total amount available for obligation.
``(2) The total amount collected from contractors during
the year preceding the year in which the report is submitted.
``(3) The total amount disbursed in such preceding year and
a description of the purpose for each disbursement.
``(4) The total amount returned to the Treasury in such
preceding year.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 141 of title 10, United States Code, is
amended by adding at the end the following new item:
``2410m. Retention of amounts collected from contractor during the
pendency of contract dispute.''.
SEC. 832. PROTECTION OF CERTAIN INFORMATION FROM DISCLOSURE.
Section 2371 of title 10, United States Code, is amended by
inserting after subsection (h) the following:
``(i) Protection of Certain Information From Disclosure.--
(1) Disclosure of information described in paragraph (2) is
not required, and may not be compelled, under section 552 of
title 5 for five years after the date on which the
information is received by the Department of Defense.
``(2)(A) Paragraph (1) applies to information described in
subparagraph (B) that is in the records of the Department of
Defense if the information was submitted to the department in
a competitive or noncompetitive process having the potential
for resulting in an award, to the party submitting the
information, of a cooperative agreement that includes a
clause described in subsection (d) or another transaction
authorized under subsection (a).
``(B) The information referred to in subparagraph (A) is
the following:
``(i) A proposal, proposal abstract, and supporting
documents.
``(ii) A business plan submitted on a confidential basis.
``(iii) Technical information submitted on a confidential
basis.''.
SEC. 833. CONTENT OF LIMITED SELECTED ACQUISITION REPORTS.
Section 2432(h)(2) of title 10, United States Code, is
amended--
(1) by striking out subparagraph (D); and
(2) by redesignating subparagraphs (E) and (F) as
subparagraphs (D) and (E), respectively.
SEC. 834. UNIT COST REPORTS.
(a) Immediate Report Required Only for Previously
Unreported Increased Costs.--Subsection (c) of section 2433
of title 10, United States Code, is amended by striking out
``during the current fiscal year (other than the last
quarterly unit cost report under subsection (b) for the
preceding fiscal year)'' in the matter following paragraph
(3).
(b) Immediate Report Not Required for Cost Variances or
Schedule Variances of Major Contracts.--Subsection (c) of
such section is further amended--
(1) by inserting ``or'' at the end of paragraph (1);
(2) by striking out ``or'' at the end of paragraph (2); and
(3) by striking out paragraph (3).
(c) Congressional Notification of Increased Cost Not
Conditioned on Discovery Since Beginning of Fiscal Year.--
Subsection (d)(3) of such section is amended by striking out
``(for the first time since the beginning of the current
fiscal year)'' in the first sentence.
SEC. 835. CENTRAL DEPARTMENT OF DEFENSE POINT OF CONTACT FOR
CONTRACTING INFORMATION.
(a) Designation of Official.--The Under Secretary of
Defense for Acquisition and Technology shall designate an
official within the Office of the Under Secretary of Defense
for Acquisition and Technology to serve as a central point of
contact for persons seeking information described in
subsection (b).
(b) Available Information.--Upon request, the official
designated under subsection (a) shall provide information on
the following:
(1) How and where to submit unsolicited proposals for
research, development, test, and evaluation or for furnishing
property or services to the Department of Defense.
(2) Department of Defense solicitations for offers that are
open for response and the procedures for responding to the
solicitations.
(3) Procedures for being included on any list of approved
suppliers used by the Department of Defense.
(c) Availability of Information.--The official designated
under subsection (a) shall use a variety of means for making
the information described in subsection (b) readily available
to potential contractors for the Department of Defense. The
means shall include the establishment of one or more toll-
free automated telephone lines, posting of information about
the services of the official on generally accessible computer
communications networks, and advertising.
Subtitle E--Other Matters
SEC. 841. DEFENSE BUSINESS COMBINATIONS.
(a) Extension of Requirement for Reports on Payment of
Restructuring Costs.--Section 818(e) of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337;
108 Stat. 1821; 10 U.S.C. 2324 note) is amended by striking
out ``1995, 1996, and 1997'' and inserting in lieu thereof
``1997, 1998, and 1999''.
(b) Secretary of Defense Reports.--Not later than March 1
in each of the years 1998, 1999, and 2000, the Secretary of
Defense shall submit to the congressional defense committees
a report on effects on competition resulting from any
business combinations of major defense contractors that took
place during the year preceding the year of the report. The
report shall include, for each business combination reviewed
by the Department pursuant to Department of Defense Directive
5000.62, the following:
(1) An assessment of any potentially adverse effects that
the business combination could have on competition for
Department of Defense contracts (including potential
horizontal effects, vertical effects, and organizational
conflicts of interest), the national technology and
industrial base, or innovation in the defense industry.
(2) The actions taken to mitigate the potentially adverse
effects.
(c) GAO Reports.--(1) Not later than December 1, 1997, the
Comptroller General shall--
(A) in consultation with appropriate officials in the
Department of Defense--
(i) identify major market areas adversely affected by
business combinations of defense contractors since January 1,
1990; and
(ii) develop a methodology for determining the beneficial
impact of business combinations of defense contractors on the
prices paid on particular defense contracts; and
(B) submit to the congressional defense committees a report
describing, for each major market area identified pursuant to
subparagraph (A)(i), the changes in numbers of businesses
competing for major defense contracts since January 1, 1990.
(2) Not later than December 1, 1998, the Comptroller
General shall submit to the congressional defense committees
a report containing the following:
(A) Updated information on--
(i) restructuring costs of business combinations paid by
the Department of Defense pursuant to certifications under
section 818 of the National Defense Authorization Act for
Fiscal Year 1995, and
(ii) savings realized by the Department of Defense as a
result of the business combinations for which the payment of
restructuring costs was so certified.
(B) An assessment of the beneficial impact of business
combinations of defense contractors on the prices paid on a
meaningful sample of defense contracts, determined in
accordance with the methodology developed pursuant to
paragraph (1)(A)(ii).
(C) Any recommendations that the Comptroller General
considers appropriate.
(d) Business Combination Defined.--In this section, the
term ``business combination'' has the meaning given that term
in section 818(f) of the National Defense Authorization Act
for Fiscal Year 1995 (108 Stat. 2822; 10 U.S.C. 2324 note).
SEC. 842. LEASE OF NONEXCESS PROPERTY OF DEFENSE AGENCIES.
(a) Authority.--Chapter 159 of title 10, United States
Code, is amended by inserting after section 2667 the
following:
``Sec. 2667a. Leases: non-excess property of Defense Agencies
``(a) Authority.--Whenever the Director of a Defense Agency
considers it advantageous to the United States, he may lease
to such lessee and upon such terms as he considers will
promote the national defense or to be in the public interest,
personal property that is--
``(1) under the control of the Defense Agency;
``(2) not for the time needed for public use; and
``(3) not excess property, as defined by section 3 of the
Federal Property and Administrative Services Act of 1949 (40
U.S.C. 472).
``(b) Limitation, Terms, and Conditions.--A lease under
subsection (a)--
``(1) may not be for more than five years unless the
Director of the Defense Agency concerned determines that a
lease for a longer period will promote the national defense
or be in the public interest;
``(2) may give the lessee the first right to buy the
property if the lease is revoked to allow the United States
to sell the property under any other provision of law;
``(3) shall permit the Director to revoke the lease at any
time, unless he determines that the omission of such a
provision will promote the national defense or be in the
public interest; and
``(4) may provide, notwithstanding any other provision of
law, for the improvement, maintenance, protection, repair,
restoration, or replacement by the lessee, of the property
leased as the payment of part or all of the consideration for
the lease.
``(c) Disposition of Money Rent.--Money rentals received
pursuant to leases entered into by the Director of a Defense
Agency
[[Page S5842]]
under subsection (a) shall be deposited in a special account
in the Treasury established for such Defense Agency. Amounts
in a Defense Agency's special account shall be available, to
the extent provided in appropriations Acts, solely for the
maintenance, repair, restoration, or replacement of the
leased property.''.
(b) Conforming Amendment.--The heading of section 2667 of
such title is amended to read as follows:
``Sec. 2667. Leases: non-excess property of military
departments''.
(c) Clerical Amendment.--The table of sections at the
beginning of chapter 159 of such title is amended by striking
out the item relating to section 2667 and inserting in lieu
thereof the following:
``2667. Leases: non-excess property of military departments.
``2667a. Leases: non-excess property of Defense Agencies.''.
SEC. 843. PROMOTION RATE FOR OFFICERS IN AN ACQUISITION
CORPS.
(a) Review of Acquisition Corps Promotion Selections.--Upon
the approval of the President or his designee of the report
of a selection board convened under section 611(a) of title
10, United States Code, which considered members of an
Acquisition Corps of a military department for promotion to a
grade above O-4, the Secretary of the military department
shall submit a copy of the report to the Under Secretary of
Defense for Acquisition and Technology for review.
(b) Reporting Requirement.--Not later than January 31 of
each year, the Under Secretary of Defense for Acquisition and
Technology shall submit to the Committee on Armed Services of
the Senate and the Committee on National Security of the
House of Representatives a report containing the Under
Secretary's assessment of the extent to which each military
department is complying with the requirement set forth in
section 1731(b) of title 10, United States Code.
(c) Termination of Requirements.--This section shall cease
to be effective on October 1, 2000.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
SEC. 901. PRINCIPAL DUTY OF ASSISTANT SECRETARY OF DEFENSE
FOR SPECIAL OPERATIONS AND LOW INTENSITY
CONFLICT.
Section 138(b)(4) of title 10, United States Code, is
amended by striking out ``of special operations activities
(as defined in section 167(j) of this title) and'' and
inserting in lieu thereof ``of the performance of the
responsibilities of the commander of the special operations
command under subsections (e)(4) and (f) of section 167 of
this title and of''.
SEC. 902. PROFESSIONAL MILITARY EDUCATION SCHOOLS.
(a) Component Institutions of the National Defense
University.--(1) Chapter 108 of title 10, United States Code,
is amended by adding at the end the following:
``Sec. 2165. National Defense University
``(a) In General.--There is a National Defense University
in the Department of Defense.
``(b) Component Institutions.--The university includes the
following institutions:
``(1) The National War College.
``(2) The Industrial College of the Armed Forces.
``(3) The Armed Forces Staff College.
``(4) The Institute for National Strategic Studies.
``(5) The Information Resources Management College.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following:
``2165. National Defense University.''.
(b) Marine Corps University as Professional Military
Education School.--Subsection (d) of section 2162 of such
title is amended to read as follows:
``(d) Professional Military Education Schools.--This
section applies to the following professional military
education schools:
``(1) The National Defense University.
``(2) The Army War College.
``(3) The College of Naval Warfare.
``(4) The Air War College.
``(5) The United States Army Command and General Staff
College.
``(6) The College of Naval Command and Staff.
``(7) The Air Command and Staff College.
``(8) The Marine Corps University.''.
(c) Repeal of Duplicative Definition.--Section 1595(d) of
title 10, United States Code, is amended--
(1) in paragraph (1), by striking out ``(1)''; and
(2) by striking out paragraph (2).
SEC. 903. USE OF CINC INITIATIVE FUND FOR FORCE PROTECTION.
Section 166a(b) of title 10, United States Code, is amended
by adding at the end the following:
``(9) Force protection.''.
SEC. 904. TRANSFER OF TIARA PROGRAMS.
(a) Transfer of Functions.--The Secretary of Defense shall
transfer--
(1) the responsibilities of the Tactical Intelligence and
Related Activities (TIARA) aggregation for the conduct of
programs referred to in subsection (b) to officials of
elements of the military departments not in the intelligence
community; and
(2) the funds available within the Tactical Intelligence
and Related Activities aggregation for such programs to
accounts of the military departments that are available for
non-intelligence programs of the military departments.
(b) Covered Programs.--Subsection (a) applies to the
following programs:
(1) Targeting or target acquisition programs, including the
Joint Surveillance and Target Attack Radar System, and the
Advanced Deployable System.
(2) Tactical Warning and Attack Assessment programs,
including the Defense Support Program, the Space-Based
Infrared Program, and early warning radars.
(3) Tactical communications systems, including the Joint
Tactical Terminal.
(c) Intelligence Community Defined.--In this section, the
term ``intelligence community'' has the meaning given the
term in section 3 of the National Security Act of 1947 (50
U.S.C. 401a).
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--(1) Upon
determination by the Secretary of Defense that such action is
necessary in the national interest, the Secretary may
transfer amounts of authorizations made available to the
Department of Defense in this division for fiscal year 1998
between any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so
transferred shall be merged with and be available for the
same purposes as the authorization to which transferred.
(2) The total amount of authorizations that the Secretary
of Defense may transfer under the authority of this section
may not exceed $2,500,000,000.
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from
one account to another under the authority of this section
shall be deemed to increase the amount authorized for the
account to which the amount is transferred by an amount equal
to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly
notify Congress of each transfer made under subsection (a).
SEC. 1002. AUTHORITY FOR OBLIGATION OF CERTAIN UNAUTHORIZED
FISCAL YEAR 1997 DEFENSE APPROPRIATIONS.
(a) Authority.--The amounts described in subsection (b) may
be obligated and expended for programs, projects, and
activities of the Department of Defense in accordance with
fiscal year 1997 defense appropriations.
(b) Covered Amounts.--The amounts referred to in subsection
(a) are the amounts provided for programs, projects, and
activities of the Department of Defense in fiscal year 1997
defense appropriations that are in excess of the amounts
provided for such programs, projects, and activities in
fiscal year 1997 defense authorizations.
(c) Definitions.--For the purposes of this section:
(1) Fiscal year 1997 defense appropriations.--The term
``fiscal year 1997 defense appropriations'' means amounts
appropriated or otherwise made available to the Department of
Defense for fiscal year 1997 in the Department of Defense
Appropriations Act, 1997 (section 101(b) of Public Law 104-
208).
(2) Fiscal year 1997 defense authorizations.--The term
``fiscal year 1997 defense authorizations'' means amounts
authorized to be appropriated for the Department of Defense
for fiscal year 1997 in the National Defense Authorization
Act for Fiscal Year 1997 (Public Law 104-201).
SEC. 1003. AUTHORIZATION OF PRIOR EMERGENCY SUPPLEMENTAL
APPROPRIATIONS FOR FISCAL YEAR 1997.
Amounts authorized to be appropriated to the Department of
Defense for fiscal year 1997 in the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201)
are hereby adjusted, with respect to any such authorized
amount, by the amount by which appropriations pursuant to
such authorization were increased (by a supplemental
appropriation) or decreased (by a rescission), or both, in
the 1997 Emergency Supplemental Appropriations Act for
Recovery from Natural Disasters, and for Overseas
Peacekeeping Efforts, Including Those in Bosnia (Public Law
105-18).
SEC. 1004. INCREASED TRANSFER AUTHORITY FOR FISCAL YEAR 1996
AUTHORIZATIONS.
Section 1001(a) of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 414) is
amended by striking out ``$2,000,000,000'' and inserting in
lieu thereof ``$3,100,000,000''.
SEC. 1005. BIENNIAL FINANCIAL MANAGEMENT STRATEGIC PLAN.
(a) Biennial Plan.--(1) Chapter 23 of title 10, United
States Code, is amended by adding at the end the following:
``Sec. 483. Biennial financial management strategic plan
``(a) Plan Required.--Not later than September 30 of each
even-numbered year, the Secretary of Defense shall submit to
Congress a strategic plan to improve the financial management
within the Department of Defense. The strategic plan shall
address all aspects of financial management within the
Department of Defense, including the finance systems,
accounting systems, and
[[Page S5843]]
feeder systems that support financial functions.
``(b) Definitions.--In this section, the term `feeder
system' means an automated or manual system that provides
input to a financial management or accounting system.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following:
``483. Biennial financial management strategic plan.''.
(b) First Submission.--The Secretary of Defense shall
submit the first financial management strategic plan under
section 483 of title 10, United States Code (as added by
subsection (a)), not later than September 30, 1998.
(c) Content of First Plan.--(1) At a minimum, the first
financial management strategic plan shall include the
following:
(A) The costs and benefits of integrating the finance and
accounting systems of the Department of Defense, and the
feasibility of doing so.
(B) Problems with the accuracy of data included in the
finance systems, accounting systems, or feeder systems that
support financial functions of the Department of Defense and
the actions that can be taken to address the problems.
(C) Weaknesses in the internal controls of the systems and
the actions that can be taken to address the weaknesses.
(D) Actions that can be taken to eliminate negative
unliquidated obligations, unmatched disbursements, and in-
transit disbursements, and to avoid such disbursements in the
future.
(E) The status of the efforts being undertaken in the
department to consolidate and eliminate--
(i) redundant or unneeded finance systems; and
(ii) redundant or unneeded accounting systems.
(F) The consolidation or elimination of redundant personnel
systems, acquisition systems, asset accounting systems, time
and attendance systems, and other feeder systems of the
department.
(G) The integration of the feeder systems of the department
with the finance and accounting systems of the department.
(H) Problems with the organization or performance of the
Operating Locations and Service Centers of the Defense
Finance and Accounting Service, and the actions that can be
taken to address those problems.
(I) The costs and benefits of reorganizing the Operating
Locations and Service Centers of the Defense Finance and
Accounting Service according to function, and the feasibility
of doing so.
(J) The costs and benefits of contracting for private
sector performance of specific functions performed by the
Defense Finance and Accounting Service, and the feasibility
of doing so.
(K) The costs and benefits of increasing the use of
electronic fund transfer as a method of payment, and the
feasibility of doing so.
(L) Any other changes in the financial management structure
of the department or revisions of the department's financial
processes and business practices that the Secretary of
Defense considers necessary to improve financial management
in the department.
(2) For the problems and actions identified in the plan,
the Secretary shall include in the plan statements of
objectives, performance measures, and schedules, and shall
specify the individual and organizational responsibilities.
(3) In this subsection, the term ``feeder system'' has the
meaning given the term in section 483(b) of title 10, United
States Code, as added by subsection (a).
SEC. 1006. REVISION OF AUTHORITY FOR FISHER HOUSE TRUST
FUNDS.
(a) Correction To Eliminate Use of Term Associated With
Funding Authorities.--Section 2221(c) of title 10, United
States Code, is amended by striking out ``or maintenance''
each place it appears.
(b) Corpus of Air Force Trust Fund.--Section 914(b) of
Public Law 104-106 (110 Stat. 412) is amended by striking out
paragraph (2) and inserting in lieu thereof the following:
``(2) The Secretary of the Air Force shall deposit in the
Fisher House Trust Fund, Department of the Air Force, an
amount that the Secretary determines appropriate to establish
the corpus of the fund.''.
SEC. 1007. AVAILABILITY OF CERTAIN FISCAL YEAR 1991 FUNDS FOR
PAYMENT OF CONTRACT CLAIM.
(a) Authority.--The Secretary of the Army may reimburse the
fund provided by section 1304 of title 31, United States
Code, out of funds appropriated for the Army for fiscal year
1991 for other procurement (BLIN 105125 (Special Programs)),
for any judgment against the United States that is rendered
in the case Appeal of McDonnell Douglas Company, Armed
Services Board of Contract Appeals Number 48029.
(b) Conditions for Payment.--(1) Subject to paragraph (2),
any reimbursement out of funds referred to in subsection (a)
shall be made before October 1, 1998.
(2) No reimbursement out of funds referred to in subsection
(a) may be made before the date that is 30 days after the
date on which the Secretary of the Army submits to the
congressional defense committees a notification of the intent
to make the reimbursement.
SEC. 1008. ESTIMATES AND REQUESTS FOR PROCUREMENT AND
MILITARY CONSTRUCTION FOR THE RESERVE
COMPONENTS.
(a) Detailed Presentation in Future-Years Defense
Program.--Section 10543 of title 10, United States Code, is
amended--
(1) by inserting ``(a) In General.--'' before ``The
Secretary of Defense''; and
(2) by adding at the end the following:
``(b) Associated Annexes.--The associated annexes of the
future-years defense program shall specify, at the same level
of detail as is set forth in the annexes for the active
components, the amount requested for--
``(1) procurement of each item of equipment to be procured
for each reserve component; and
``(2) each military construction project to be carried out
for each reserve component, together with the location of the
project.
``(c) Report.--(1) If the aggregate of the amounts
specified in paragraphs (1) and (2) of subsection (b) for a
fiscal year is less than the amount equal to 90 percent of
the average authorized amount applicable for that fiscal year
under paragraph (2), the Secretary of Defense shall submit to
Congress a report specifying for each reserve component the
additional items of equipment that would be procured, and the
additional military construction projects that would be
carried out, if that aggregate amount were an amount equal to
such average authorized amount. The report shall be at the
same level of detail as is required by subsection (b).
``(2) In this subsection, the term `average authorized
amount', with respect to a fiscal year, means the average
of--
``(A) the aggregate of the amounts authorized to be
appropriated for the preceding fiscal year for the
procurement of items of equipment, and for military
construction, for the reserve components; and
``(B) the aggregate of the amounts authorized to be
appropriated for the fiscal year preceding the fiscal year
referred to in subparagraph (A) for the procurement of items
of equipment, and for military construction, for the reserve
components.''.
(b) Prohibition.--The level of detail provided for
procurement and military construction in the future-years
defense programs for fiscal years after fiscal year 1998 may
not be less than the level of detail provided for procurement
and military construction in the future-years defense program
for fiscal year 1998.
Subtitle B--Naval Vessels and Shipyards
SEC. 1011. LONG-TERM CHARTER OF VESSEL FOR SURVEILLANCE TOWED
ARRAY SENSOR PROGRAM.
The Secretary of the Navy is authorized to enter into a
long-term charter, in accordance with section 2401 of title
10, United States Code, for a vessel to support the
Surveillance Towed Array Sensor (SURTASS) Program through
fiscal year 2004.
SEC. 1012. PROCEDURES FOR SALE OF VESSELS STRICKEN FROM THE
NAVAL VESSEL REGISTER.
Section 7305(c) of title 10, United States Code, is amended
to read as follows:
``(c) Procedures for Sale.--(1) A vessel stricken from the
Naval Vessel Register and not subject to disposal under any
other law may be sold under this section.
``(2) In such a case, the Secretary may--
``(A) sell the vessel to the highest acceptable bidder,
regardless of the appraised value of the vessel, after
publicly advertising the sale of the vessel for a period of
not less than 30 days; or
``(B) subject to paragraph (3), sell the vessel by
competitive negotiation to the acceptable offeror who submits
the offer that is most advantageous to the United States
(taking into account price and such other factors as the
Secretary determines appropriate).
``(3) Before entering into negotiations to sell a vessel
under paragraph (2)(B), the Secretary shall publish notice of
the intention to do so in the Commerce Business Daily
sufficiently in advance of initiating the negotiations that
all interested parties are given a reasonable opportunity to
prepare and submit proposals. The Secretary shall afford an
opportunity to participate in the negotiations to all
acceptable offerors submitting proposals that the Secretary
considers as having the potential to be the most advantageous
to the United States (taking into account price and such
other factors as the Secretary determines appropriate).''.
SEC. 1013. TRANSFERS OF NAVAL VESSELS TO CERTAIN FOREIGN
COUNTRIES.
(a) Transfers by Sale.--The Secretary of the Navy is
authorized to transfer vessels to foreign countries on a sale
basis under section 21 of the Arms Export Control Act (22
U.S.C. 2761) as follows:
(1) To the Government of Brazil, the submarine tender
Holland (AS 32) of the Hunley class.
(2) To the Government of Chile, the oiler Isherwood (T-AO
191) of the Kaiser class.
(3) To the Government of Egypt:
(A) The following frigates of the Knox class:
(i) The Paul (FF 1080).
(ii) The Miller (FF 1091).
(iii) The Jesse L. Brown (FFT 1089).
(iv) The Moinester (FFT 1097).
(B) The following frigates of the Oliver Hazard Perry
class:
(i) The Fahrion (FFG 22).
(ii) The Lewis B. Puller (FFG 23).
(4) To the Government of Israel, the tank landing ship
Peoria (LST 1183) of the Newport class.
(5) To the Government of Malaysia, the tank landing ship
Barbour County (LST 1195) of the Newport class.
[[Page S5844]]
(6) To the Government of Mexico, the frigate Roark (FF
1053) of the Knox class.
(7) To the Taipei Economic and Cultural Representative
Office in the United States (the Taiwan instrumentality that
is designated pursuant to section 10(a) of the Taiwan
Relations Act), the following frigates of the Knox class:
(A) The Whipple (FF 1062).
(B) The Downes (FF 1070).
(8) To the Government of Thailand, the tank landing ship
Schenectady (LST 1185) of the Newport class.
(b) Costs of Transfers.--Any expense incurred by the United
States in connection with a transfer authorized by subsection
(a) shall be charged to the recipient.
(c) Repair and Refurbishment in United States Shipyards.--
To the maximum extent practicable, the Secretary of the Navy
shall require, as a condition of the transfer of a vessel
under this section, that the country to which the vessel is
transferred have such repair or refurbishment of the vessel
as is needed, before the vessel joins the naval forces of
that country, performed at a shipyard located in the United
States, including a United States Navy shipyard.
(d) Expiration of Authority.--The authority to transfer a
vessel under subsection (a) shall expire at the end of the 2-
year period beginning on the date of the enactment of this
Act.
Subtitle C--Counter-Drug Activities
SEC. 1021. AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR
COUNTER-DRUG ACTIVITIES OF MEXICO.
(a) Extension of Authority.--Subsection (a) of section 1031
of the National Defense Authorization Act for Fiscal Year
1997 (Public Law 104-201; 110 Stat. 2637), is amended by
striking out ``fiscal year 1997'' and inserting in lieu
thereof ``fiscal years 1997 and 1998''.
(b) Extension of Funding Authorization.--Subsection (d) of
such section is amended by inserting ``for fiscal years 1997
and 1998'' after ``shall be available''.
SEC. 1022. AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR
COUNTER-DRUG ACTIVITIES OF PERU AND COLOMBIA.
(a) Authority To Provide Additional Support.--Subject to
subsection (f), during fiscal years 1998 through 2002, the
Secretary of Defense may provide either or both of the
governments named in subsection (b) with the support
described in subsection (c) for the counter-drug activities
of that government. The support provided to a government
under the authority of this subsection shall be in addition
to support provided to that government under any other
provision of law.
(b) Governments Eligible To Receive Support.--The
governments referred to in subsection (a) are as follows:
(1) The Government of Peru.
(2) The Government of Colombia.
(c) Types of Support.--The authority under subsection (a)
is limited to the provision of the following types of
support:
(1) The transfer of nonlethal protective and utility
personnel equipment.
(2) The transfer of the following nonlethal specialized
equipment:
(A) Navigation equipment.
(B) Secure and nonsecure communications equipment.
(C) Photo equipment.
(D) Radar equipment.
(E) Night vision systems.
(F) Repair equipment and parts for equipment referred to in
subparagraphs (A), (B), (C), (D), and (E).
(3) The transfer of nonlethal components, accessories,
attachments, parts (including ground support equipment),
firmware, and software for aircraft or patrol boats, and
related repair equipment.
(4) The transfer of riverine patrol boats.
(5) The maintenance and repair of equipment of a government
named in subsection (b) that is used for counter-narcotics
activities.
(d) Applicability of Other Support Authorities.--Except as
otherwise provided in this section, the provisions of section
1004 of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 10 U.S.C. 374 note) shall
apply to the provision of support to a government under this
section.
(e) Funding.--Of the amounts authorized to be appropriated
under section 301(20) for fiscal year 1998 for drug
interdiction and counter-drug activities, not more than
$30,000,000 shall be available in that fiscal year for the
provision of support under this section.
(f) Limitations.--(1) The Secretary may not obligate or
expend funds to provide a government with support under this
section until 15 days after the date on which the Secretary
submits to the committees referred to in paragraph (2) a
written certification of the following:
(A) That the provision of support to that government under
this section will not adversely affect the military
preparedness of the United States Armed Forces.
(B) That the equipment and materiel provided as support
will be used only by officials and employees of that
government who have undergone background investigations by
that government and have been approved by that government to
perform counter-drug activities on the basis of the
background investigations.
(C) That such government has certified to the Secretary
that--
(i) the equipment and material provided as support will be
used only by the officials and employees referred to in
subparagraph (B);
(ii) none of the equipment or materiel will be transferred
(by sale, gift, or otherwise) to any person or entity not
authorized by the United States to receive the equipment or
materiel; and
(iii) the equipment and materiel will be used only for the
purposes intended by the United States Government.
(D) That the government to receive the support has
implemented, to the satisfaction of the Secretary, a system
that will provide an accounting and inventory of the
equipment and materiel provided as support.
(E) That the departments, agencies, and instrumentalities
of that government will grant United States Government
personnel access to any of the equipment or materiel provided
as support, or to any of the records relating to such
equipment or materiel, under terms and conditions similar to
the terms and conditions imposed with respect to such access
under section 505(a)(3) of the Foreign Assistance Act of 1961
(22 U.S.C. 2314(a)(3)).
(F) That the government to receive the support will provide
security with respect to the equipment and materiel provided
as support that is substantially the same degree of security
that the United States Government would provide with respect
to such equipment and materiel.
(G) That the government to receive the support will permit
continuous observation and review by United States Government
personnel of the use of the equipment and materiel provided
as support under terms and conditions similar to the terms
and conditions imposed with respect to such observation and
review under section 505(a)(3) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2314(a)(3)).
(2) The committees referred to in this paragraph are the
following:
(A) The Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
(B) The Committee on National Security and the Committee on
International Relations of the House of Representatives.
Subtitle D--Reports and Studies
SEC. 1031. REPEAL OF REPORTING REQUIREMENTS.
(a) Reports Required by Title 10.--
(1) Achievement of cost, performance, and schedule goals
for nonmajor acquisition programs.--Section 2220(b) of title
10, United States Code, is amended by striking out ``and
nonmajor'' in the first sentence.
(2) Conversion of certain heating systems.--Section 2690(b)
of title 10, United States Code, is amended by striking out
``unless the Secretary--'' and all that follows and inserting
in lieu thereof the following: ``unless the Secretary
determines that the conversion (1) is required by the
government of the country in which the facility is located,
or (2) is cost effective over the life cycle of the
facility.''.
(3) Availability of suitable alternative housing.--Section
2823 of title 10, United States Code, is amended--
(A) by striking out subsection (b); and
(B) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
(b) Reports Required by Defense Authorization and
Appropriations Acts.--
(1) Overseas basing costs.--Section 8125 of the Department
of Defense Appropriations Act, 1989 (Public Law 100-463; 102
Stat. 2270-41; 10 U.S.C. 113 note) is amended--
(A) by striking out subsection (g); and
(B) in subsection (h), by striking out ``subsections (f)
and (g)'' and inserting in lieu thereof ``subsection (f)''.
(2) Stretchout of major defense acquisition programs.--
Section 117 of the National Defense Authorization Act, Fiscal
Year 1989 (Public Law 100-456; 102 Stat. 1933; 10 U.S.C. 2431
note) is repealed.
(c) Reports Required by Other Law.--Section 25 of the
Office of Federal Procurement Policy Act (41 U.S.C. 421) is
amended by striking out subsection (g), relating to the
annual report on development of procurement regulations.
SEC. 1032. COMMON MEASUREMENT OF OPERATIONS TEMPOS AND
PERSONNEL TEMPOS.
(a) Means for Measurement.--The Chairman of the Joint
Chiefs of Staff shall, in consultation with the other members
of the Joint Chiefs of Staff and to the maximum extent
practicable, develop a common means of measuring the
operations tempo (OPTEMPO) and the personnel tempo
(PERSTEMPO) of each of the Armed Forces.
(b) Perstempo Measurement.--The measurement of personnel
tempo shall include a means of identifying the rate of
deployment for individuals in addition to the rate of
deployment for units.
SEC. 1033. REPORT ON OVERSEAS DEPLOYMENT.
(a) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to Congress a report on the deployment overseas of personnel
of the Armed Forces. The report shall describe the deployment
as of June 30, 1996, and June 30, 1997.
(b) Elements.--The report under subsection (a) shall set
forth the following:
(1) The number of personnel who were deployed overseas
pursuant to a permanent duty assignment on each date
specified in that subsection in aggregate and by country or
ocean to which deployed.
(2) The number of personnel who were deployed overseas
pursuant to a temporary duty assignment on each date,
including--
(A) the number engaged in training with units of a single
military department;
[[Page S5845]]
(B) the number engaged in United States military joint
exercises; and
(C) the number engaged in training with allied units.
(3) The number of personnel deployed overseas on each date
who were engaged in contingency operations (including
peacekeeping or humanitarian assistance missions) or other
activities.
SEC. 1034. REPORT ON MILITARY READINESS REQUIREMENTS OF THE
ARMED FORCES.
(a) Requirement for Report.--Not later than January 31,
1998, the Chairman of the Joint Chiefs of Staff shall submit
to the congressional defense committees a report on the
military readiness requirements of the active and reserve
components of the Armed Forces (including combat units,
combat support units, and combat service support units)
prepared by the officers referred to in subsection (b). The
report shall assess such requirements under a tiered
readiness and response system that categorizes a given unit
according to the likelihood that it will be required to
respond to a military conflict and the time in which it will
be required to respond.
(b) Preparation by JCS and Commanders of Unified
Commands.--The report required by subsection (a) shall be
prepared jointly by the Chairman of the Joint Chiefs of
Staff, the Chief of Staff of the Army, the Chief of Naval
Operations, the Chief of Staff of the Air Force, the
Commandant of the Marine Corps, the commander of the Special
Operations Command, and the commanders of the other unified
commands.
(c) Assessment Scenario.--The report shall assess readiness
requirements in a scenario that is based on the following
assumptions:
(1) That the Armed Forces of the United States must, be
capable of--
(A) fighting and winning, in concert with allies, two major
theater wars nearly simultaneously; and
(B) deterring or defeating a strategic attack on the United
States.
(2) That the forces available for deployment are the forces
included in the force structure recommended in the
Quadrennial Defense Review, including all other planned force
enhancements.
(d) Assessment Elements.--(1) The report shall identify, by
unit type, all major units of the active and reserve
components of the Armed Forces and assess the readiness
requirements of the units. Each identified unit shall be
categorized within one of the following classifications:
(A) Forward-deployed and crisis response forces, or ``Tier
I'' forces, that possess limited internal sustainment
capability and do not require immediate access to regional
air bases or ports or overflight rights, including the
following:
(i) Force units that are deployed in rotation at sea or on
land outside the United States.
(ii) Combat-ready crises response forces that are capable
of mobilizing and deploying within 10 days after receipt of
orders.
(iii) Forces that are supported by prepositioning equipment
afloat or are capable of being inserted into a theater upon
the capture of a port or airfield by forcible entry forces.
(B) Combat-ready follow-on forces, or ``Tier II'' forces,
that can be mobilized and deployed to a theater within
approximately 60 days after receipt of orders.
(C) Combat-ready conflict resolution forces, or ``Tier
III'' forces, that can be mobilized and deployed to a theater
within approximately 180 days after receipt of orders.
(D) All other active and reserve component force units
which are not categorized within a classification described
in subparagraph (A), (B), or (C).
(2) For the purposes of paragraph (1), the following units
are major units:
(A) In the case of the Army or Marine Corps, a brigade and
a battalion.
(B) In the case of the Navy, a squadron of aircraft, a
ship, and a squadron of ships.
(C) In the case of the Air Force, a squadron of aircraft.
(e) Projection of Savings for Use for Modernization.--The
report shall include a projection for fiscal years 1998
through 2003 of the amounts of the savings in operation and
maintenance funding that--
(1) could be derived by each of the Armed Forces by placing
as many units as is practicable into the lower readiness
categories among the tiers; and
(2) could be made available for force modernization.
(f) Form of Report.--The report under this section shall be
submitted in unclassified form but may contain a classified
annex.
(g) Planned Force Enhancement Defined.--In this section,
the term ``planned force enhancement'', with respect to the
force structure recommended in the Quadrennial Defense
Review, means any future improvement in the capability of the
force (including current strategic and future improvement in
strategic lift capability) that is assumed in the development
of the recommendation for the force structure set forth in
the Quadrennial Defense Review.
SEC. 1035. ASSESSMENT OF CYCLICAL READINESS POSTURE OF THE
ARMED FORCES.
(a) Requirement.--(1) Not later than 120 days after the
date of enactment of this Act, the Secretary of Defense shall
submit to the Committee on Armed Services of the Senate and
the Committee on National Security of the House of
Representatives a report on the readiness posture of the
Armed Forces described in subsection (b).
(2) The Secretary shall prepare the report required under
paragraph (1) with the assistance of the Joint Chiefs of
Staff. In providing such assistance, the Chairman of the
Joint Chiefs of Staff shall consult with the Chief of the
National Guard Bureau.
(b) Readiness Posture.--(1) The readiness posture to be
covered by the report under subsection (a) is a readiness
posture for units of the Armed Forces, or for designated
units of the Armed Forces, that provides for a rotation of
such units between a state of high readiness and a state of
low readiness.
(2) As part of the evaluation of the readiness posture
described in paragraph (1), the report shall address in
particular a readiness posture that--
(A) establishes within the Armed Forces two equivalent
forces each structured so as to be capable of fighting and
winning a major theater war; and
(B) provides for an alternating rotation of such forces
between a state of high readiness and a state of low
readiness.
(3) The evaluation of the readiness posture described in
paragraph (2) shall be based upon assumptions permitting
comparison with the existing force structure as follows:
(A) That there are assembled from among the units of the
Armed Forces two equivalent forces each structured so as to
be capable of fighting and winning a major theater war.
(B) That each force referred to in subparagraph (A)
includes--
(i) four active Army divisions, including one mechanized
division, one armored division, one light infantry division,
and one division combining airborne units and air assault
units, and appropriate support and service support units for
such divisions;
(ii) six divisions (or division equivalents) of the Army
National Guard or the Army Reserve that are essentially
equivalent in structure, and appropriate support and service
support units for such divisions;
(iii) six aircraft carrier battle groups;
(iv) six active Air Force fighter wings (or fighter wing
equivalents);
(v) four Air Force reserve fighter wings (or fighter wing
equivalents); and
(vi) one active Marine Corps expeditionary force.
(C) That each force may be supplemented by critical units
or units in short supply, including heavy bomber units,
strategic lift units, and aerial reconnaissance units, that
are not subject to the readiness rotation otherwise assumed
for purposes of the evaluation or are subject to the rotation
on a modified basis.
(D) That units of the Armed Forces not assigned to a force
are available for operations other than those essential to
fight and win a major theater war, including peace
operations.
(E) That the state of readiness of each force alternates
between a state of high readiness and a state of low
readiness on a frequency determined by the Secretary (but not
more often than once every 6 months) and with only one force
at a given state of readiness at any one time.
(F) That, during the period of state of high readiness of a
force, any operations or activities (including leave and
education and training of personnel) that detract from the
near-term wartime readiness of the force are temporary and
their effects on such state of readiness minimized.
(G) That units are assigned overseas during the period of
state of high readiness of the force to which the units are
assigned primarily on a temporary duty basis.
(H) That, during the period of high readiness of a force,
the operational war plans for the force incorporate the
divisions (or division equivalents) of the Army Reserve or
Army National Guard assigned to the force in a manner such
that one such division (or division equivalent) is, on a
rotating basis for such divisions (or division equivalents)
during the period, maintained in a high state of readiness
and dedicated as the first reserve combat division to be
transferred overseas in the event of a major theater war.
(c) Report Elements.--The report under this section shall
include the following elements for the readiness posture
described in subsection (b)(2):
(1) An estimate of the range of cost savings achievable
over the long term as a result of implementing the readiness
posture, including--
(A) the savings achievable from reduced training levels and
readiness levels during periods in which a force referred to
in subsection (b)(3)(A) is in a state of low readiness; and
(B) the savings achievable from reductions in costs of
infrastructure overseas as a result of reduced permanent
change of station rotations.
(2) An assessment of the potential risks associated with a
lower readiness status for units assigned to a force in a
state of low readiness under the readiness posture, including
the risks associated with the delayed availability of such
units overseas in the event of two nearly simultaneous major
theater wars.
(3) An assessment of the potential risks associated with
requiring the forces under the readiness posture to fight a
major war in any theater worldwide.
(4) An assessment of the modifications of the current force
structure of the Armed Forces that are necessary to achieve
the range of cost savings estimated under paragraph (1),
including the extent of the diminishment, if any, of the
military capabilities
[[Page S5846]]
of the Armed Forces as a result of the modifications.
(5) An assessment whether or not the risks of diminished
military capability associated with implementation of the
readiness posture exceed the risks of diminished military
capability associated with the modifications of the current
force structure necessary to achieve cost savings equivalent
to the best case for cost savings resulting from the
implementation of the readiness posture.
(d) Form of Report.--The report under this section shall be
submitted in unclassified form, but may contain a classified
annex.
(e) Definitions.--In this section:
(1) The term ``state of high readiness'', in the case of a
military force, means the capability to mobilize first-to-
arrive units of the force within 18 hours and last-to-arrive
units within 120 days of a particular event.
(2) The term ``state of low readiness'', in the case of a
military force, means the capability to mobilize first-to-
arrive units within 90 days and last-to-arrive units within
180 days of a particular event.
SEC. 1036. OVERSEAS INFRASTRUCTURE REQUIREMENTS.
(a) Findings.--Congress makes the following findings:
(1) United States military forces have been withdrawn from
the Philippines.
(2) United States military forces are to be withdrawn from
Panama by 2000.
(3) There continues to be local opposition to the continued
presence of United States military forces in Okinawa.
(4) The Quadrennial Defense Review lists ``the loss of U.S.
access to critical facilities and lines of communication in
key regions'' as one of the so-called ``wild card'' scenarios
covered in the review.
(5) The National Defense Panel states that ``U.S. forces'
long-term access to forward bases, to include air bases,
ports, and logistics facilities, cannot be assumed''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the President should develop alternatives to the
current arrangement for forward basing of the Armed Forces
outside the United States, including alternatives to the
existing infrastructure for forward basing of forces and
alternatives to the existing international agreements that
provide for basing of United States forces in foreign
countries; and
(2) because the Pacific Rim continues to emerge as a region
of significant economic and military importance to the United
States, a continued presence of the Armed Forces in that
region is vital to the capability of the United States to
timely protect its interests in the region.
(c) Report Required.--Not later than March 31, 1998, the
Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on National Security
of the House of Representatives a report on the overseas
infrastructure requirements of the Armed Forces.
(d) Content.--The report shall contain the following:
(1) The quantity and types of forces that the United States
must station in each region of the world in order to support
the current national military strategy of the United States.
(2) The quantity and types of forces that the United States
will need to station in each region of the world in order to
meet the expected or potential future threats to the national
security interests of the United States.
(3) The requirements for access to, and use of, air space
and ground maneuver areas in each such region for training
for the quantity and types of forces identified for the
region pursuant to paragraphs (1) and (2).
(4) A list of the international agreements, currently in
force, that the United States has entered into with foreign
countries regarding the basing of United States forces in
those countries and the dates on which the agreements expire.
(5) A discussion of any anticipated political opposition or
other opposition to the renewal of any of those international
agreements.
(6) A discussion of future overseas basing requirements for
United States forces, taking into account expected changes in
national security strategy, national security environment,
and weapons systems.
(7) The expected costs of maintaining the overseas
infrastructure for foreign based forces of the United States,
including the costs of constructing any new facilities that
will be necessary overseas to meet emerging requirements
relating to the national security interests of the United
States.
(e) Form of Report.--The report may be submitted in a
classified or unclassified form.
SEC. 1037. REPORT ON AIRCRAFT INVENTORY.
(a) Report.--Not later than January 30, 1998, the Under
Secretary of Defense (Comptroller) shall submit to the
Committee on Armed Services of the Senate and the Committee
on National Security of the House of Representatives a report
on the aircraft in the inventory of the Department of
Defense.
(b) Content.--The report shall set forth, for each type of
aircraft provided for in the future-years defense program
submitted to Congress in 1998, the following information:
(1) The total number of aircraft in the inventory.
(2) The total number of the aircraft in the inventory that
are active, stated in the following categories:
(A) Primary aircraft (with a subcategory for mission
aircraft, a subcategory for training aircraft, a subcategory
for dedicated test aircraft, and other appropriate
subcategories).
(B) Backup aircraft.
(C) Attrition and reconstitution reserve aircraft.
(3) The total number of the aircraft in the inventory that
are inactive, stated in the following categories:
(A) Bailment aircraft.
(B) Drone aircraft.
(C) Aircraft for sale or other transfer to foreign
governments.
(D) Leased or loaned aircraft.
(E) Aircraft for maintenance training.
(F) Aircraft for reclamation.
(G) Aircraft in storage.
(4) The aircraft inventory requirements approved by the
Joint Chiefs of Staff.
SEC. 1038. DISPOSAL OF EXCESS MATERIALS.
(a) Report.--Not later than January 31, 1998, the Secretary
shall submit to Congress a report on the actions that have
been taken or are planned to be taken within the Department
of Defense to address problems with the sale or other
disposal of excess materials.
(b) Required Content.-- At a minimum, the report shall
address the following issues:
(1) Whether any change is needed in the process of coding
military equipment for demilitarization during the
acquisition process.
(2) Whether any change is needed to improve methods used
for the demilitarization of specific types of military
equipment.
(3) Whether any change is needed in the penalties that are
applicable to Federal Government employees or contractor
employees who fail to comply with rules or procedures
applicable to the demilitarization of excess materials.
(4) Whether provision has been made for sufficient
supervision and oversight of the demilitarization of excess
materials by purchasers of the materials.
(5) Whether any additional controls are needed to prevent
the inappropriate transfer of excess materials overseas.
(6) Whether the Department should--
(A) identify categories of materials that are particularly
vulnerable to improper use; and
(B) provide for enhanced review of the sale or other
disposal of such materials.
(7) Whether legislation is necessary to establish
appropriate mechanisms, including repurchase, for the
recovery of equipment that is sold or otherwise disposed of
without appropriate action having been taken to demilitarize
the equipment or to provide for demilitarization of the
equipment.
SEC. 1039. REVIEW OF FORMER SPOUSE PROTECTIONS.
(a) Requirement.--The Secretary of Defense shall carry out
a comprehensive review and comparison of--
(1) the protections and benefits afforded under Federal law
to former spouses of members and former members of the
uniformed services by reason of their status as former
spouses of such personnel; and
(2) the protections and benefits afforded under Federal law
to former spouses of employees and former employees of the
Federal Government by reason of their status as former
spouses of such personnel.
(b) Matters To Be Reviewed.--The review under subsection
(a) shall include the following:
(1) In the case of former spouses of members and former
members of the uniformed services, the following:
(A) All provisions of law (principally those originally
enacted in the Uniformed Services Former Spouses' Protection
Act (title X of Public Law 97-252)) that--
(i) establish, provide for the enforcement of, or otherwise
protect interests of former spouses of members and former
members of the uniformed services in retired or retainer pay
of members and former members; and
(ii) provide other benefits for former spouses of members
and former members.
(B) The experience of the uniformed services in
administering such provisions of law.
(C) The experience of former spouses and members and former
members of the uniformed services in the administration of
such provisions of law.
(2) In the case of former spouses of employees and former
employees of the Federal Government, the following:
(A) All provisions of law that--
(i) establish, provide for the enforcement of, or otherwise
protect interests of former spouses of employees and former
employees of the Federal Government in annuities of employees
and former employees under Federal employees' retirement
systems; and
(ii) provide other benefits for former spouses of employees
and former employees.
(B) The experience of the Office of Personnel Management
and other agencies of the Federal Government in administering
such provisions of law.
(C) The experience of former spouses and employees and
former employees of the Federal Government in the
administration of such provisions of law.
(c) Sampling Authorized.--The Secretary may use sampling in
carrying out the review under this section.
(d) Report.--Not later than September 30, 1999, the
Secretary shall submit a report on the results of the review
and comparison to the Committee on Armed Services of the
Senate and the Committee on National Security of the House of
Representatives. The report shall include any recommendation
for
[[Page S5847]]
legislation that the Secretary considers appropriate.
SEC. 1040. COMPLETION OF GAO REPORTS FOR CONGRESS.
(a) Priority.--(1) Subchapter II of chapter 7 of title 31,
United States Code, is amended by adding at the end the
following:
``Sec. 721. Priority for completion of certain audits,
evaluations, other reviews, and reports
``(a) Priority.--The Comptroller General may commence an
audit, evaluation, other review, or report in a fiscal year
only after the Comptroller General certifies in writing to
Congress during such fiscal year that the General Accounting
Office has completed all audits, evaluations, other reviews,
and reports that were requested of that office by Congress
before the date of the certification.
``(b) Exceptions.--The restriction in subsection (a) does
not apply to the commencement of an audit, evaluation, other
review, or report that is required by law or requested by
Congress.
``(c) Source, Form, and Date of Congressional Requests.--
For the purposes of this section--
``(1) an audit, evaluation, other review, or report is
requested by Congress if the request for the audit,
evaluation, other review, or report is made in writing by the
Chairman of a committee of Congress, the Chairman of a
subcommittee of such a committee, or any other member of
Congress; and
``(2) the date on which the General Accounting Office
receives such a request shall be considered the date of the
request.''.
(2) The chapter analysis at the beginning of such chapter
is amended by inserting after the item relating to section
720 the following:
``721. Priority for completion of certain audits, evaluations, other
reviews, and reports.''.
(b) Annual Report on Congressional and Noncongressional
Activities.--(1) Section 719(b) of title 31, United States
Code, is amended by adding at the end the following:
``(3)(A) The report under subsection (a) shall include, for
the latest fiscal year ending before the date of the report,
the amount and cost of the work that the General Accounting
Office performed during the fiscal year for the following:
``(i) Audits, evaluations, other reviews, and reports
requested by the Chairman of a committee of Congress, the
Chairman of a subcommittee of such a committee, or any other
member of Congress.
``(ii) Audits, evaluations, other reviews, and reports not
described in clause (i) and not required by law to be
performed by the General Accounting Office.
``(B) In the report, amounts of work referred to in
subparagraph (A) shall be expressed as hours of labor.''.
(2) Paragraph (1) of such section is amended--
(A) by striking out ``and'' at the end of subparagraph (B);
(B) by striking out the period at the end of subparagraph
(C) and inserting in lieu thereof ``; and''; and
(C) by adding at the end the following:
``(D) the matters required by paragraph (3).''.
(c) Applicability.--(1) Section 721 of title 31, United
States Code (as added by subsection (a)), shall apply to the
commencement of audits, evaluations, other reviews, and
reports by the General Accounting Office after the later of--
(A) September 30, 1997; or
(B) the date of the enactment of this Act.
(2) The amendments made by subsection (b) shall apply with
respect to reports submitted under section 719(a) of title
31, United States Code, after December 31, 1997.
Subtitle E--Other Matters
SEC. 1051. PSYCHOTHERAPIST-PATIENT PRIVILEGE IN THE MILITARY
RULES OF EVIDENCE.
(a) Requirement for Proposed Rule.--The Secretary of
Defense shall submit to the President, for consideration for
promulgation under article 36 of the Uniform Code of Military
Justice (10 U.S.C. 836), a recommended amendment to the
Military Rules of Evidence that recognizes an evidentiary
privilege regarding disclosure by a psychotherapist of
confidential communications between a patient and the
psychotherapist.
(b) Applicability of Privilege.--The recommended amendment
shall include a provision that applies the privilege to--
(1) patients who are not subject to the Uniform Code of
Military Justice; and
(2) any patients subject to the Uniform Code of Military
Justice that the Secretary determines it appropriate for the
privilege to cover.
(c) Scope of Privilege.--The evidentiary privilege
recommended pursuant to subsection (a) shall be similar in
scope to the psychotherapist-patient privilege recognized
under Rule 501 of the Federal Rules of Evidence, subject to
such exceptions and limitations as the Secretary determines
appropriate on the bases of law, public policy, and military
necessity.
(d) Deadline for Recommendation.--The Secretary shall
submit the recommendation under subsection (a) on or before
the later of the following dates:
(1) The date that is 90 days after the date of the
enactment of this Act.
(2) January 1, 1998.
SEC. 1052. NATIONAL GUARD CIVILIAN YOUTH OPPORTUNITIES PILOT
PROGRAM.
(a) Extension of Pilot Program Authority for Current Number
of Programs.--Subsection (a) of section 1091 of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law
102-484; 32 U.S.C. 501 note) is amended--
(1) by striking out ``During fiscal years 1993 through
1995'' and inserting in lieu thereof ``(1) During fiscal
years 1993 through 1998''; and
(2) by adding at the end the following new paragraph:
``(2) In fiscal years after fiscal year 1995, the number of
programs carried out under subsection (d) as part of the
pilot program may not exceed the number of such programs as
of September 30, 1995.''.
(b) Fiscal Restrictions.--(1) Section 1091 of such Act is
amended by striking out subsection (k) and inserting in lieu
thereof the following:
``(k) Fiscal Restrictions.--(1) The Federal Government's
share of the total cost of carrying out a program in a State
as part of the pilot program in any fiscal year after fiscal
year 1997 may not exceed 50 percent of that total cost.
``(2) The total amount expended for carrying out the
program during a fiscal year may not exceed $20,000,000.''.
(2) Subsection (d)(3) of such section is amended by
inserting ``, subject to subsection (k)(1),'' after ``provide
funds''.
(c) Conforming Repeal.--Section 573 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106;
110 Stat. 355; 32 U.S.C. 501 note) is repealed.
SEC. 1053. PROTECTION OF ARMED FORCES PERSONNEL DURING PEACE
OPERATIONS.
(a) Protection of Personnel.--
(1) In general.--The Secretary of Defense shall take
appropriate actions to ensure that units of the Armed Forces
(including Army units, Marine Corps units, Air Force units,
and support units for such units) engaged in peace operations
have adequate troop protection equipment for such operations.
(2) Specific actions.--In taking such actions, the
Secretary shall--
(A) identify the additional troop protection equipment, if
any, required to equip a division equivalent with adequate
troop protection equipment for peace operations;
(B) establish procedures to facilitate the exchange of
troop protection equipment among the units of the Armed
Forces; and
(C) designate within the Department of Defense an
individual responsible for--
(i) ensuring the proper allocation of troop protection
equipment among the units of the Armed Forces engaged in
peace operations; and
(ii) monitoring the availability, status or condition, and
location of such equipment.
(b) Report.--Not later than March 1, 1998, the Secretary
shall submit to Congress a report on the actions taken by the
Secretary under subsection (a).
(c) Troop Protection Equipment Defined.--In this section,
the term ``troop protection equipment'' means the equipment
required by units of the Armed Forces to defend against any
hostile threat that is likely during a peace operation,
including an attack by a hostile crowd, small arms fire,
mines, and a terrorist bombing attack.
SEC. 1054. LIMITATION ON RETIREMENT OR DISMANTLEMENT OF
STRATEGIC NUCLEAR DELIVERY SYSTEMS.
(a) Funding Limitation.--Funds available to the Department
of Defense may not be obligated or expended during fiscal
year 1998 for retiring or dismantling, or for preparing to
retire or dismantle, any of the following strategic nuclear
delivery systems below the specified levels:
(1) 71 B-52H bomber aircraft.
(2) 18 Trident ballistic missile submarines.
(3) 500 Minuteman III intercontinental ballistic missiles.
(4) 50 Peacekeeper intercontinental ballistic missiles.
(b) Waiver Authority.--If the START II Treaty enters into
force during fiscal year 1997 or fiscal year 1998, the
Secretary of Defense may waive the application of the
limitation under subsection (a) to the extent that the
Secretary determines necessary in order to implement the
treaty.
(c) Funding Limitation on Early Deactivation.--(1) If the
limitation under subsection (a) ceases to apply by reason of
a waiver under subsection (b), funds available to the
Department of Defense may nevertheless not be obligated or
expended during fiscal year 1998 to implement any agreement
or understanding to undertake substantial early deactivation
of a strategic nuclear delivery system specified in
subsection (a) until 30 days after the date on which the
President submits to Congress a report concerning such
actions.
(2) For purposes of this subsection, a substantial early
deactivation is an action during fiscal year 1998 to
deactivate a substantial number of strategic nuclear delivery
systems specified in subsection (a) by--
(A) removing nuclear warheads from those systems; or
(B) taking other steps to remove those systems from combat
status.
(3) A report under this subsection shall include the
following:
(A) The text of any understanding or agreement between the
United States and the Russian Federation concerning
substantial early deactivation of strategic nuclear delivery
systems under the START II Treaty.
(B) The plan of the Department of Defense for implementing
the agreement.
[[Page S5848]]
(C) An assessment of the Secretary of Defense of the
adequacy of the provisions contained in the agreement for
monitoring and verifying compliance of Russia with the terms
of the agreement.
(D) A determination by the President as to whether the
deactivations to occur under the agreement will be carried
out in a symmetrical, reciprocal, or equivalent manner.
(E) An assessment by the President of the effect of the
proposed early deactivation on the stability of the strategic
balance and relative strategic nuclear capabilities of the
United States and the Russian Federation at various stages
during deactivation and upon completion.
(d) Contingency Plan for Sustainment of Systems.--(1) Not
later then February 15, 1998, the Secretary of Defense shall
submit to the congressional defense committees a plan for the
sustainment beyond October 1, 1999, of United States
strategic nuclear delivery systems and alternative Strategic
Arms Reduction Treaty force structures in the event that a
strategic arms reduction agreement subsequent to the
Strategic Arms Reduction Treaty does not enter into force
before 2004.
(2) The plan shall include a discussion of the following
matters:
(A) The actions that are necessary to sustain the United
States strategic nuclear delivery systems, distinguishing
between the actions that are planned for and funded in the
future-years defense program and the actions that are not
planned for and funded in the future-years defense program.
(B) The funding necessary to implement the plan, indicating
the extent to which the necessary funding is provided for in
the future-years defense program and the extent to which the
necessary funding is not provided for in the future-years
defense program.
(e) START Treaties Defined.--In this section:
(1) The term ``Strategic Arms Reduction Treaty'' means the
Treaty Between the United States of America and the United
Soviet Socialist Republics on the Reduction and Limitation of
Strategic Offensive Arms (START), signed at Moscow on July
31, 1991, including related annexes on agreed statements and
definitions, protocols, and memorandum of understanding.
(2) The term ``START II Treaty'' means the Treaty Between
the United States of America and the Russian Federation on
Further Reduction and Limitation of Strategic Offensive Arms,
signed at Moscow on January 3, 1993, including the following
protocols and memorandum of understanding, all such documents
being integral parts of and collectively referred to as the
``START II Treaty'' (contained in Treaty Document 103-1):
(A) The Protocol on Procedures Governing Elimination of
Heavy ICBMs and on Procedures Governing Conversion of Silo
Launchers of Heavy ICBMs Relating to the Treaty Between the
United States of America and the Russian Federation on
Further Reduction and Limitation of Strategic Offensive Arms
(also known as the ``Elimination and Conversion Protocol'').
(B) The Protocol on Exhibitions and Inspections of Heavy
Bombers Relating to the Treaty Between the United States and
the Russian Federation on Further Reduction and Limitation of
Strategic Offensive Arms (also known as the ``Exhibitions and
Inspections Protocol'').
(C) The Memorandum of Understanding on Warhead Attribution
and Heavy Bomber Data Relating to the Treaty Between the
United States of America and the Russian Federation on
Further Reduction and Limitation of Strategic Offensive Arms
(also known as the ``Memorandum on Attribution'').
SEC. 1055. ACCEPTANCE AND USE OF LANDING FEES FOR USE OF
OVERSEAS MILITARY AIRFIELDS BY CIVIL AIRCRAFT.
(a) Authority.--Section 2350j of title 10, United States
Code, is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Payments for Civil Use of Military Airfields.--The
authority under subsection (a) includes authority for the
Secretary of a military department to accept payments of
landing fees for use of a military airfield by civil aircraft
that are prescribed pursuant to an agreement that is entered
into with the government of the country in which the airfield
is located. Payments received under this subsection in a
fiscal year shall be credited to the appropriation that is
available for the fiscal year for the operation and
maintenance of the military airfield, shall be merged with
amounts in the appropriation to which credited, and shall be
available for the same period and purposes as the
appropriation is available.''.
(b) Conforming Amendments.--(1) Subsection (b) of such
section is amended by striking out ``Any'' at the beginning
of the second sentence and inserting in lieu thereof ``Except
as provided in subsection (f), any''.
(2) Subsection (c) of such section is amended by striking
out ``Contributions'' in the matter preceding paragraph (1),
and inserting in lieu thereof ``Except as provided in
subsection (f), contributions''.
SEC. 1056. ONE-YEAR EXTENSION OF INTERNATIONAL
NONPROLIFERATION INITIATIVE.
(a) One-Year Extension.--Subsection (f) of section 1505 of
the Weapons of Mass Destruction Control Act of 1992 (title XV
of the National Defense Authorization Act for Fiscal Year
1993; 22 U.S.C. 5859a) is amended by striking out ``1997''
and inserting in lieu thereof ``1998''.
(b) Limitations on Amount of Assistance for Additional
Fiscal Years.--Subsection (d)(3) of such section is amended
by striking out ``or $15,000,000 for fiscal year 1997'' and
inserting in lieu thereof ``$15,000,000 for fiscal year 1997,
or $15,000,000 for fiscal year 1998''.
SEC. 1057. ARMS CONTROL IMPLEMENTATION AND ASSISTANCE FOR
FACILITIES SUBJECT TO INSPECTION UNDER THE
CHEMICAL WEAPONS CONVENTION.
(a) Assistance Authorized.--The On-Site Inspection Agency
of the Department of Defense may provide technical
assistance, on a reimbursable basis (in accordance with
subsection (b)), to a facility that is subject to a routine
or challenge inspection under the Chemical Weapons Convention
upon the request of the owner or operator of the facility.
(b) Reimbursement Requirement.--The United States National
Authority shall reimburse the On-Site Inspection Agency for
costs incurred by the agency in providing assistance under
subsection (a).
(c) Definitions.--In this section:
(1) The terms ``Chemical Weapons Convention'' and
``Convention'' mean the Convention on the Prohibition of the
Development, Production, Stockpiling and Use of Chemical
Weapons and on Their Destruction, opened for signature on
January 13, 1993.
(2) The term ``facility that is subject to a routine
inspection'' means a declared facility, as defined in
paragraph 15 of part X of the Annex on Implementation and
Verification of the Convention.
(3) The term ``challenge inspection'' means an inspection
conducted under Article IX of the Convention.
(4) The term ``United States National Authority'' means the
United States National Authority established or designated
pursuant to Article VII, paragraph 4, of the Chemical Weapons
Convention.
SEC. 1058. SENSE OF SENATE REGARDING THE RELATIONSHIP BETWEEN
ENVIRONMENTAL LAWS AND UNITED STATES'
OBLIGATIONS UNDER THE CHEMICAL WEAPONS
CONVENTION.
(a) Findings.--The Senate makes the following findings:
(1) The Chemical Weapons Convention requires the
destruction of the United States' stockpile of lethal
chemical agents and munitions within 10 years after the
Convention's entry into force (or 2007).
(2) The President possesses substantial powers under
existing law to ensure that the technologies necessary to
destroy the stockpile are developed, that the facilities
necessary to destroy the stockpile are constructed, and that
Federal, State, and local environmental laws and regulations
do not impair the ability of the United States to comply with
its obligations under the Convention.
(b) Sense of Senate.--It is the sense of the Senate that
the President--
(1) should use the authority granted the President under
existing law to ensure that the United States is able to
construct and operate the facilities necessary to destroy the
United States' stockpile of lethal chemical agents and
munitions within the time allowed by the Chemical Weapons
Convention; and
(2) while carrying out the United States' obligations under
the Convention, should encourage negotiations between
appropriate Federal Government officials and officials of the
State and local governments concerned to attempt to meet
their concerns about the actions being taken to carry out
those obligations.
(c) Chemical Weapons Convention Defined.--In this section,
the terms ``Chemical Weapons Convention'' and ``Convention''
mean the Convention on the Prohibition of the Development,
Production, Stockpiling and Use of Chemical Weapons and on
Their Destruction, opened for signature on January 13, 1993.
SEC. 1059. SENSE OF CONGRESS REGARDING FUNDING FOR RESERVE
COMPONENT MODERNIZATION NOT REQUESTED IN THE
ANNUAL BUDGET REQUEST.
(a) Limitation.--It is the sense of Congress that, to the
maximum extent practicable, Congress should consider
authorizing appropriations for reserve component
modernization activities not included in the budget request
of the Department of Defense for a fiscal year only if--
(1) there is a Joint Requirements Oversight Council
validated requirement for the equipment;
(2) the equipment is included for reserve component
modernization in the modernization plan of the military
department concerned and is incorporated into the future-
years defense program;
(3) the equipment is consistent with the use of reserve
component forces;
(4) the equipment is necessary in the national security
interests of the United States; and
(5) the funds can be obligated in the fiscal year.
(b) Views of the Chairman, Joint Chiefs of Staff.--It is
further the sense of Congress that, in applying the criteria
set forth in subsection (a), Congress should obtain the views
of the Chairman of the Joint Chiefs of Staff, including views
on whether funds for equipment not included in the budget
request are appropriate for the employment of reserve
component forces in Department of Defense warfighting plans.
[[Page S5849]]
SEC. 1060. AUTHORITY OF SECRETARY OF DEFENSE TO SETTLE CLAIMS
RELATING TO PAY, ALLOWANCES, AND OTHER
BENEFITS.
(a) Authority To Waive Time Limitations.--Paragraph (1) of
section 3702(e) of title 31, United States Code, is amended
by striking out ``Comptroller General'' and inserting in lieu
thereof ``Secretary of Defense''.
(b) Appropriation To Be Charged.--Paragraph (2) of such
section is amended by striking out ``shall be subject to the
availability of appropriations for payment of that particular
claim'' and inserting in lieu thereof ``shall be made from an
appropriation that is available, for the fiscal year in which
the payment is made, for the same purpose as the
appropriation to which the obligation claimed would have been
charged if the obligation had been timely paid''.
SEC. 1061. COORDINATION OF ACCESS OF COMMANDERS AND DEPLOYED
UNITS TO INTELLIGENCE COLLECTED AND ANALYZED BY
THE INTELLIGENCE COMMUNITY.
(a) Findings.--Congress makes the following findings:
(1) Coordination of operational intelligence support for
the commanders of the combatant commands and deployed units
of the Armed Forces has proven to be inadequate.
(2) Procedures used to reconcile information among various
intelligence community and Department of Defense data bases
proved to be inadequate and, being inadequate, diminished the
usefulness of that information and preclude commanders and
planners within the Armed Forces from fully benefiting from
key information that should have been available to them.
(3) Excessive compartmentalization of responsibilities and
information within the Department of Defense and the other
elements of the intelligence community resulted in inaccurate
analysis of important intelligence material.
(4) Excessive restrictions on the distribution of
information within the executive branch disadvantaged units
of the Armed Forces that would have benefited most from the
information.
(5) Procedures used in the Department of Defense to ensure
that critical intelligence information is provided to the
right combat units in a timely manner failed during the
Persian Gulf War and, as a result, information about
potential chemical weapons storage locations did not reach
the units that eventually destroyed those storage areas.
(6) A recent, detailed review of the events leading to and
following the destruction of chemical weapons by members of
the Armed Forces at Khamisiyah, Iraq, during the Persian Gulf
War has revealed a number of inadequacies in the way the
Department of Defense and the other elements of the
intelligence community handled, distributed, recorded, and
stored intelligence information about the threat of exposure
of United States forces to chemical weapons and the toxic
agents in those weapons.
(7) The inadequacy of procedures for recording the receipt
of, and reaction to, intelligence reports provided by the
intelligence community to combat units of the Armed Forces
during the Persian Gulf War has caused it to be impossible to
analyze the failures in transmission of intelligence-related
information on the location of chemical weapons at
Khamisiyah, Iraq, that resulted in the demolition of chemical
weapons by members of the Armed Forces unaware of the hazards
to which they were exposed.
(b) Reporting Requirement.--Not later than March 1, 1998,
the Secretary of Defense shall submit to Congress a report
that identifies the specific actions that have been taken or
are being taken to ensure that there is adequate coordination
of operational intelligence support for the commanders of the
combatant commands and deployed units of the Armed Forces.
(c) Definition of Intelligence Community.--In this section,
the term ``intelligence community'' has the meaning given the
term in section 3 of the National Security Act of 1947 (50
U.S.C. 401a).
SEC. 1062. PROTECTION OF IMAGERY, IMAGERY INTELLIGENCE, AND
GEOSPATIAL INFORMATION AND DATA.
(a) Protection of Information on Capabilities.--Paragraph
(1)(B) of section 455(b) of title 10, United States Code, is
amended by inserting ``, or capabilities,'' after
``methods''.
(b) Products Protected.--(1) Paragraph (2) of such section
is amended to read as follows:
``(2) In this subsection, the term `geodetic product' means
imagery, imagery intelligence, or geospatial information, as
those terms are defined in section 467 of this title.''.
(2) Section 467(4)(C) of title 10, United States Code, is
amended to read as follows:
``(C) maps, charts, geodetic data, and related products.''.
SEC. 1063. PROTECTION OF AIR SAFETY INFORMATION VOLUNTARILY
PROVIDED BY A CHARTER AIR CARRIER.
Section 2640 of title 10, United States Code, is amended--
(1) by redesignating subsections (h) and (i) as subsections
(i) and (j), respectively; and
(2) by inserting after subsection (g) the following new
subsection (h):
``(h) Protection of Voluntarily Submitted Air Safety
Information.--(1) Subject to paragraph (2), the appropriate
official may deny a request made under any other provision of
law for public disclosure of safety-related information that
has been provided voluntarily by an air carrier to the
Secretary of Defense for the purposes of this section,
notwithstanding the provision of law under which the request
is made.
``(2) The appropriate official may exercise authority to
deny a request for disclosure of information under paragraph
(1) if the official first determines that--
``(A) the disclosure of the information as requested would
inhibit an air carrier from voluntarily disclosing, in the
future, safety-related information for the purposes of this
section or for other air safety purposes involving the
Department of Defense or another Federal agency; and
``(B) the receipt of such information generally enhances
the fulfillment of responsibilities under this section or
other air safety responsibilities involving the Department of
Defense or another Federal agency.
``(3) For the purposes of this section, the appropriate
official for exercising authority under paragraph (1) is--
``(A) the Secretary of Defense, in the case of a request
for disclosure of information that is directed to the
Department of Defense; or
``(B) the head of another Federal agency, in the case of a
request that is directed to that Federal agency regarding
information described in paragraph (1) that the Federal
agency has received from the Department of Defense.''.
SEC. 1064. SUSTAINMENT AND OPERATION OF GLOBAL POSITIONING
SYSTEM.
(a) Findings.--Congress makes the following findings:
(1) The Global Positioning System, with its multiple uses,
makes significant contributions to the attainment of the
national security and foreign policy goals of the United
States, the safety and efficiency of international
transportation, and the economic growth, trade, and
productivity of the United States.
(2) The infrastructure for the Global Positioning System,
including both space and ground segments of the
infrastructure, is vital to the effectiveness of United
States and allied military forces and to the protection of
the national security interests of the United States.
(3) In addition to having military uses, the Global
Positioning System has essential civil, commercial, and
scientific uses.
(4) Driven by the increasing demand of civil, commercial,
and scientific users of the Global Positioning System--
(A) there has emerged in the United States a new commercial
industry to provide Global Positioning System equipment and
related services to the many and varied users of the system;
and
(B) there have been rapid technical advancements in Global
Positioning System equipment and services that have
contributed significantly to reductions in the cost of the
Global Positioning System and increases in the technical
capabilities and availability of the system for military
uses.
(5) It is in the national interest of the United States for
the United States--
(A) to support continuation of the multiple-use character
of the Global Positioning System;
(B) to promote broader acceptance and use of the Global
Positioning System and the technological standards that
facilitate expanded use of the system for civil purposes;
(C) to coordinate with other countries to ensure--
(i) efficient management of the electromagnetic spectrum
utilized for the Global Positioning System; and
(i) protection of that spectrum in order to prevent
disruption of, and interference with, signals from the
system; and
(D) to encourage open access in all international markets
to the Global Positioning System and supporting equipment,
services, and techniques.
(b) Sustainment and Operation for Military Purposes.--The
Secretary of Defense shall--
(1) provide for the sustainment of the Global Positioning
System capabilities, and the operation of basic Global
Positioning System services, that are beneficial for the
national security interests of United States;
(2) develop appropriate measures for preventing hostile use
of the Global Positioning System that make it unnecessary to
use the selective availability feature of the system
continuously and do not hinder the use of the Global
Positioning System by the United States and its allies for
military purposes; and
(3) ensure that United States military forces have the
capability to use the Global Positioning System effectively
despite hostile attempts to prevent the use of the system by
such forces.
(c) Sustainment and Operation for Civilian Purposes.--The
Secretary of Defense shall--
(1) provide for the sustainment and operation of basic
Global Positioning System services for peaceful civil,
commercial, and scientific uses on a continuous worldwide
basis free of direct user fees;
(2) provide for the sustainment and operation of basic
Global Positioning System services in order to meet the
performance requirements of the Federal Radionavigation Plan
jointly issued by the Secretary of Defense and the Secretary
of Transportation;
(3) coordinate with the Secretary of Transportation
regarding the development and implementation by the Federal
Government of
[[Page S5850]]
augmentations to the basic Global Positioning System that
achieve or enhance uses of the system in support of
transportation;
(4) coordinate with the Secretary of Commerce, the United
States Trade Representative, and other appropriate officials
to facilitate the development of new and expanded civil uses
for the Global Positioning System; and
(5) develop measures for preventing hostile use of the
Global Positioning System in a particular area without
hindering peaceful civil use of the system elsewhere.
(d) Federal Radionavigation Plan.--The Secretary of Defense
and the Secretary of Transportation shall continue to prepare
the Federal Radionavigation Plan every two years as
originally provided for in the International Maritime
Satellite Telecommunications Act (title V of the
Communications Satellite Act of 1962; 47 U.S.C. 751 et seq.).
(e) International Cooperation.--Congress urges the
President to promote the security of the United States and
its allies, the public safety, and commercial interests by--
(1) undertaking a coordinated effort within the executive
branch to seek to establish the Global Positioning System,
and augmentations to the system, as a worldwide resource;
(2) seeking to enter into international agreements to
establish signal and service standards that protect the
Global Positioning System from disruption and interference;
and
(3) undertaking efforts to eliminate any barriers to, and
other restrictions of foreign governments on, peaceful uses
of the Global Positioning System.
(f) Prohibition of Support of Foreign System.--None of the
funds authorized to be appropriated under this Act may be
used to support the operation and maintenance or enhancement
of any satellite navigation system operated by a foreign
country.
(g) Report.--(1) Not later than 30 days after the end of
each even numbered fiscal year (beginning with fiscal year
1998), the Secretary of Defense shall submit to the
Committees on Armed Services and on Appropriations on the
Senate and the Committees on National Security and on
Appropriations of the House of Representatives a report on
the Global Positioning System. The report shall include a
discussion of the following matters:
(A) The operational status of the Global Positioning
System.
(B) The capability of the system to satisfy effectively--
(i) the military requirements for the system that are
current as of the date of the report; and
(ii) the performance requirements of the Federal
Radionavigation Plan.
(C) The most recent determination by the President
regarding continued use of the selective availability feature
of the Global Positioning System and the expected date of any
change or elimination of use of that feature.
(D) The status of cooperative activities undertaken by the
United States with the governments of other countries
concerning the capability of the Global Positioning System or
any augmentation of the system to satisfy civil, commercial,
scientific, and military requirements, including a discussion
of the status and results of activities undertaken under any
regional international agreement.
(E) Any progress made toward establishing the Global
Positioning System as an international standard for
consistency of navigational service.
(F) Any progress made toward protecting the Global
Positioning System from disruption and interference.
(G) The effects of use of the Global Positioning System on
national security, regional security, and the economic
competitiveness of United States industry, including the
Global Positioning System equipment and service industry and
user industries.
(2) In preparing the parts of the report required under
subparagraphs (D), (E), (F), and (G) of paragraph (1), the
Secretary of Defense shall consult with the Secretary of
Commerce, Secretary of Transportation, and Secretary of
Labor.
(h) Basic Global Positioning System Services Defined.--In
this section, the term ``basic global positioning system
services'' means the following components of the Global
Positioning System that are operated and maintained by the
Department of Defense:
(1) The constellation of satellites.
(2) The navigation payloads that produce the Global
Positioning System signals.
(3) The ground stations, data links, and associated command
and control facilities.
SEC. 1065. LAW ENFORCEMENT AUTHORITY FOR SPECIAL AGENTS OF
THE DEFENSE CRIMINAL INVESTIGATIVE SERVICE.
(a) Authority.--Chapter 81 of title 10, United States Code,
is amended by inserting after section 1585 the following new
section:
``Sec. 1585a. Special agents of the Defense Criminal
Investigative Service: law enforcement authority
``(a) Authority.--A special agent of the Defense Criminal
Investigative Service designated under subsection (b) has the
following authority:
``(1) To carry firearms.
``(2) To execute and serve any warrant or other process
issued under the authority of the United States.
``(3) To make arrests without warrant for--
``(A) any offense against the United States committed in
the agent's presence; or
``(B) any felony cognizable under the laws of the United
States if the agent has probable cause to believe that the
person to be arrested has committed or is committing the
felony.
``(b) Designation of Agents To Have Authority.--The
Secretary of Defense may designate to have the authority
provided under subsection (a) any special agent of the
Defense Criminal Investigative Service whose duties include
conducting, supervising, or coordinating investigations of
criminal activity in programs and operations of the
Department of Defense.
``(c) Guidelines on Exercise of Authority.--The authority
provided under subsection (a) shall be exercised in
accordance with guidelines prescribed by the Inspector
General of the Department of Defense and approved by the
Attorney General, and any other applicable guidelines
prescribed by the Secretary of Defense or the Attorney
General.''.
(b) Conforming Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1585 the following:
``1585a. Special agents of the Defense Criminal Investigative Service:
law enforcement authority.''.
SEC. 1066. REPEAL OF REQUIREMENT FOR CONTINUED OPERATION OF
THE NAVAL ACADEMY DAIRY FARM.
(a) Repeal.--Section 810 of the Military Construction
Authorization Act, 1968 (Public Law 90-110; 81 Stat. 309) is
amended--
(1) by striking out subsection (a); and
(2) in subsection (b), by striking out ``nor shall'' and
all that follows through ``Act of Congress''.
(b) Conforming Amendments.--(1) Section 6971(b)(5) of title
10, United States Code, is amended by inserting ``(if any)''
before the period at the end.
(2) Section 2105(b) of title 5, United States Code, is
amended by inserting ``(if any)'' after ``Academy dairy''.
SEC. 1067. POW/MIA INTELLIGENCE ANALYSIS CELL.
(a) Establishment of Intelligence Cell.--The Director of
Central Intelligence, in consultation with the Secretary of
Defense, shall establish a POW/MIA Intelligence Analysis Cell
to provide analytical support on POW/MIA matters to all
departments and agencies of the Federal Government involved
with such matters. The Director of Central Intelligence shall
oversee the functions of the POW/MIA Intelligence Analysis
Cell and determine its structure and location.
(b) Preparation of National Intelligence Estimate.--The
POW/MIA Intelligence Analysis Cell shall be the primary
source of support for the Director in the preparation of the
Special National Intelligence Estimate on POW/MIA matters
that was directed by the Assistant to the President for
National Security Affairs in accordance with the letter on
that subject that the Assistant to the President transmitted
to the Majority Leader of the Senate on April 10, 1997.
(c) Consolidation of Intelligence Collection
Requirements.--All intelligence collection requirements for
the intelligence community regarding POW/MIA matters shall be
consolidated within the POW/MIA Intelligence Analysis Cell.
(d) Definitions.--In this section:
(1) The term ``POW/MIA matters'' means matters concerning
prisoners of war and members of the Armed Forces who are
missing in action.
(2) The term ``intelligence community'' has the meaning
given the term in section 3 of the National Security Act of
1947 (50 U.S.C. 401a).
SEC. 1068. PROTECTION OF EMPLOYEES FROM RETALIATION FOR
CERTAIN DISCLOSURES OF CLASSIFIED INFORMATION.
(a) Disclosures to Officials Cleared for Access.--Section
2302(b) of title 5, United States Code, is amended--
(1) in paragraph (8)--
(A) by striking out ``or'' at the end of subparagraph (A);
(B) by inserting ``or'' at the end of subparagraph (B)(ii);
and
(C) by adding at the end the following:
``(C) a disclosure by an employee or applicant of
information required by law or Executive order to be kept
secret in the interest of national defense or the conduct of
foreign affairs which the employee or applicant reasonably
believes to provide direct and specific evidence of--
``(i) a violation of any law, rule, or regulation,
``(ii) gross mismanagement, a gross waste of funds, abuse
of authority, or a substantial and specific danger to public
health or safety, or
``(iii) a false statement to Congress on an issue of
material fact,
if the disclosure is made to a member of a committee of
Congress having a primary responsibility for oversight of a
department, agency, or element of the Federal Government to
which the disclosed information relates, to any other Member
of Congress who is authorized to receive information of the
type disclosed, or to an employee of the executive branch or
Congress who has the appropriate security clearance for
access to the information disclosed;''; and
(2) by striking out the matter following paragraph (11).
(b) Dissemination of Information on New Protection.--Not
later than 30 days after the date of the enactment of this
Act, the President shall--
(1) take such action as is necessary to ensure that
employees of the executive branch
[[Page S5851]]
having access to classified information receive notice that
the disclosure of such information to Congress is not
prohibited by law, executive order, or regulation, and is not
otherwise contrary to public policy when the information is
disclosed under the circumstances described in subparagraph
(C) of section 2302(b)(8) of title 5, United States Code (as
added by subsection (a)); and
(2) submit to Congress a report on the actions taken to
carry out paragraph (1).
(c) Effective Date and Applicability.--The amendments made
by subsection (a) shall take effect on October 1, 1998, and
shall apply to a taking, failing to take, or threat to take
or fail to take a personnel action on or after such date
because of a disclosure described in subparagraph (C) of
section 2302(b)(8) of title 5, United States Code (as added
by subsection (a)), that is made before, on, or after such
date.
SEC. 1069. APPLICABILITY OF CERTAIN PAY AUTHORITIES TO
MEMBERS OF THE COMMISSION ON SERVICEMEMBERS AND
VETERANS TRANSITION ASSISTANCE.
(a) Applicability.--Section 705(a) of the Veterans'
Benefits Improvements Act of 1996 (Public Law 104-275; 110
Stat. 3349; 38 U.S.C. 545 note) is amended--
(1) by inserting ``(1)'' before ``Each member''; and
(2) by adding at the end the following:
``(2)(A) A member of the Commission who is an annuitant
otherwise covered by section 8344 or 8468 of title 5, United
States Code, by reason of membership on the Commission shall
not be subject to the provisions of such section with respect
to such membership.
``(B) A member of the Commission who is a member or former
member of a uniformed service shall not be subject to the
provisions of subsections (b) and (c) of section 5532 of such
title with respect to membership on the Commission.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect as if included in the provisions of section
705(a) of the Veterans' Benefits Improvements Act of 1996 to
which such amendments relate.
SEC. 1070. TRANSFER OF B-17 AIRCRAFT TO MUSEUM.
(a) Authority.--The Secretary of the Air Force may convey,
without consideration, to the Planes of Fame Museum, Chino,
California (hereafter in this section referred to as the
``museum''), all right, title, and interest of the United
States in and to the B-17 aircraft known as the ``Picadilly
Lilly'', an aircraft that has been in the possession of the
museum since 1959.
(b) Condition of Aircraft.--Before conveying ownership of
the aircraft, the Secretary shall alter the aircraft as
necessary to ensure that the aircraft does not have any
capability for use as a platform for launching or releasing
munitions or any other combat capability that it was designed
to have. The Secretary is not required to repair or alter the
condition of the aircraft in any other way before conveying
the ownership.
(c) Condition for Conveyance.--A conveyance of ownership of
the aircraft under this section shall be subject to the
condition that the museum not convey any ownership interest
in, or transfer possession of, the aircraft to any other
party without the advance approval of the Secretary of the
Air Force.
(d) Reversion.--If the Secretary of the Air Force
determines at any time that the museum has conveyed an
ownership interest in, or transferred possession of, the
aircraft to any other party without the advance approval of
the Secretary, all right, title, and interest in and to the
aircraft, including any repairs or alterations of the
aircraft, shall revert to the United States, and the United
States shall have the right of immediate possession of the
aircraft.
(e) Additional Terms and Conditions.--The Secretary of the
Air Force may require such additional terms and conditions in
connection with the conveyance under this section as the
Secretary considers appropriate to protect the interests of
the United States.
(f) Clarification of Liability.--Notwithstanding any other
provision of law, the United States shall not be liable for
any death, injury, loss, or damages that result from any use
of the aircraft conveyed under this section by any person
other than the United States after the conveyance is
complete.
SEC. 1071. FIVE-YEAR EXTENSION OF AVIATION INSURANCE PROGRAM.
(a) Extension.--Section 44310 of title 49, United States
Code, is amended by striking out ``September 30, 1997'' and
inserting in lieu thereof ``September 30, 2002''.
(b) Effective Date.--This section shall take effect as of
September 30, 1997.
SEC. 1072. TREATMENT OF MILITARY FLIGHT OPERATIONS.
No military flight operation (including a military training
flight), or designation of airspace for such an operation,
may be treated as a transportation program or project for
purposes of section 303(c) of title 49, United States Code.
SEC. 1073. NATURALIZATION OF FOREIGN NATIONALS WHO SERVED
HONORABLY IN THE ARMED FORCES OF THE UNITED
STATES.
(a) In General.--Section 329 of the Immigration and
Nationality Act (8 U.S.C. 1440) is amended--
(1) in subsection (a)(1)--
(A) by inserting ``, reenlistment, extension of
enlistment,'' after ``at the time of enlistment''; and
(B) by inserting ``or on board a public vessel owned or
operated by the United States for noncommercial service,''
after ``United States, the Canal Zone, American Samoa, or
Swains Island,''; and
(2) by adding at the end the following new subsection:
``(d) Waiver.--(1) For purposes of the naturalization of
natives of the Philippines under section 405 of the
Immigration Act of 1990 (8 U.S.C. 1440 note), notwithstanding
any other provision of law--
``(A) the processing of applications for naturalization,
filed in accordance with the provisions of Section 405 of the
Immigration Act of 1990 (Public Law 101-649; 104 Stat. 5039),
including necessary interviews, may be conducted in the
Philippines by employees of the Service designated pursuant
to section 335(b) of this Act; and
``(B) oaths of allegiance for applications under this
subsection may be administered in the Philippines by
employees of the Service designated pursuant to section
335(b) of this Act.
``(2) Paragraph (1) shall be effective only during the
period beginning February 3, 1996, and ending at the end of
February 2, 2006.''.
(b) Effective Dates.--The amendments made by subsection
(a)(1) shall be effective for all enlistments, reenlistments,
extensions of enlistment, or inductions of persons occurring
on or after January 1, 1990.
SEC. 1074. DESIGNATION OF BOB HOPE AS HONORARY VETERAN.
(a) Findings.--Congress makes the following findings:
(1) The United States has never in its more than 200 years
of existence conferred honorary veteran status on any person.
(2) Honorary veteran status is and should remain an
extraordinary honor not lightly conferred nor frequently
granted.
(3) It is fitting and proper to confer that status on Bob
Hope.
(4) Bob Hope attempted to enlist in the Armed Forces to
serve his country during World War II but was informed that
the greatest service he could provide his country was as a
civilian entertainer for the troops.
(5) Since then, Bob Hope has travelled to visit and
entertain millions of members of the Armed Forces of the
United States throughout World War II, the Korean Conflict,
the Vietnam War, the Persian Gulf War, and the Cold War, in
Europe, Africa, England, Wales, Ireland, Scotland, Sicily,
the Aleutian Islands, Pearl Harbor, Kwajalein Island, Guam,
Japan, Korea, Vietnam, Saudi Arabia, and many other
locations.
(6) Bob Hope frequently elected to stage his shows in
forward combat areas.
(7) Bob Hope richly deserves the more than 100 awards and
citations that he has received from government, military, and
civic groups.
(8) Those awards include the American Congressional Gold
Medal, the Medal of Freedom, the People to People Award, the
Peabody Award, the Jean Hersholdt Humanitarian Award, the Al
Jolson Award of the Veterans of Foreign Wars, the Medal of
Liberty, and the Distinguished Service Medals of each of the
Armed Forces.
(9) Bob Hope has given unselfishly of himself for over half
a century to be with American service members on foreign
shores, has worked tirelessly to bring a spirit of humor and
cheer to millions of military members during their loneliest
moments, and has, thereby, extended to them for the American
people a touch of home away from home.
(b) Honorary Designation.--The elected representatives of
the American people, expressing the gratitude of the American
people to Bob Hope for his years of unselfish service to the
members of the Armed Forces of the United States, designate
Bob Hope as an honorary veteran of the Armed Forces of the
United States.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
SEC. 1101. USE OF PROHIBITED CONSTRAINTS TO MANAGE DEPARTMENT
OF DEFENSE PERSONNEL.
Section 129 of title 10, United States Code, is amended by
adding at the end the following:
``(f)(1) Not later than February 1 and August 1 of each
year, the Secretary of each military department and the head
of each Defense Agency shall submit to the Committee on Armed
Services of the Senate and the Committee on National Security
of the House of Representative a report on the management of
the civilian workforce under the jurisdiction of that
official.
``(2) Each report of an official under paragraph (1) shall
contain the following:
``(A) The official's certification that the civilian
workforce under the jurisdiction of the official is not
subject to any constraint or limitation in terms of man
years, end strength, full-time equivalent positions, or
maximum number of employees, and that, during the six months
preceding the date on which the report is due, such workforce
has not been subject to any such constraint or limitation.
``(B) A description of how the civilian workforce is
managed.
``(C) A detailed description of the analytical tools used
to determine civilian workforce requirements during the six-
month period referred to in subparagraph (A).''.
SEC. 1102. EMPLOYMENT OF CIVILIAN FACULTY AT THE MARINE CORPS
UNIVERSITY.
(a) Expanded Authority.--Subsections (a) and (c) of section
7478 of title 10, United States Code, are amended by striking
out ``the Marine Corps Command and Staff College'' and
inserting in lieu thereof ``a school of the Marine Corps
University''.
[[Page S5852]]
(b) Clerical Amendments.--(1) The heading of such section
is amended to read as follows:
``Sec. 7478. Naval War College and Marine Corps University:
civilian faculty members''.
(2) The table of sections at the beginning of chapter 643
of such title is amended by striking out the item relating to
section 7478 and inserting in lieu thereof the following new
item:
``7478. Naval War College and Marine Corps University: civilian faculty
members.''.
SEC. 1103. EXTENSION AND REVISION OF VOLUNTARY SEPARATION
INCENTIVE PAY AUTHORITY.
(a) Remittance to CSRS Fund.--Section 5597 of title 5,
United States Code, is amended by adding at the end the
following:
``(h)(1) In addition to any other payment that it is
required to make under subchapter III of chapter 83 or
chapter 84 of this title, the Department of Defense shall
remit to the Office of Personnel Management an amount equal
to 15 percent of the final basic pay of each covered
employee. The remittance shall be in place of any remittance
with respect to the employee that is otherwise required under
section 4(a) of the Federal Workforce Restructuring Act of
1994 (5 U.S.C. 8331 note).
``(2) Amounts remitted under paragraph (1) shall be
deposited in the Treasury of the United States to the credit
of the Civil Service Retirement and Disability Fund.
``(3) For the purposes of this subsection--
``(A) the term `covered employee' means an employee who is
subject to subchapter III of chapter 83 or chapter 84 of this
title and to whom a voluntary separation incentive has been
paid under this section on the basis of a separation on or
after October 1, 1997; and
``(B) the term `final basic pay' has the meaning given such
term in section 4(a)(2) of the Federal Workforce
Restructuring Act of 1994 (5 U.S.C. 8331 note).''.
(b) Extension of Authority.--(1) Subsection (e) of such
section is amended by striking out ``September 30, 1999'' and
inserting in lieu thereof ``September 30, 2001''.
(2) Section 4436(d)(2) of the Defense Conversion,
Reinvestment, and Transition Assistance Act of 1992 (5 U.S.C.
8348 note) is amended by striking ``January 1, 2000'' and
inserting in lieu thereof ``January 1, 2002''.
SEC. 1104. REPEAL OF DEADLINE FOR PLACEMENT CONSIDERATION OF
INVOLUNTARILY SEPARATED MILITARY RESERVE
TECHNICIANS.
Section 3329(b) of title 5, United States Code, is amended
by striking out ``a position described in subsection (c) not
later than 6 months after the date of the application''.
SEC. 1105. RATE OF PAY OF DEPARTMENT OF DEFENSE OVERSEAS
TEACHER UPON TRANSFER TO GENERAL SCHEDULE
POSITION.
(a) Prevention of Excessive Increases.--Section 5334(d) of
title 5, United States Code, is amended by striking out ``20
percent'' and all that follows and inserting in lieu thereof
``an amount determined under regulations which the Secretary
of Defense shall prescribe for the determination of the
yearly rate of pay of the position. The amount by which a
rate of pay is increased under the regulations may not exceed
the amount equal to 20 percent of that rate of pay.''.
(b) Effective Date and Savings Provision.--(1) The
amendment made by subsection (a) shall take effect 180 days
after the date of the enactment of this Act.
(2) In the case of a person who is employed in a teaching
position referred to in section 5334(d) of title 5, United
States Code, on the day before the effective date determined
under paragraph (1), the rate of pay determined under such
section (as in effect on that day) shall not be reduced by
reason of the amendment made by subsection (a) for so long as
the person continues to serve in that position or another
such position without a break in service on or after that
day.
SEC. 1106. NATURALIZATION OF EMPLOYEES OF THE GEORGE C.
MARSHALL EUROPEAN CENTER FOR SECURITY STUDIES.
(a) Eligibility Without Permanent Residence.--Subsection
(a) of section 506 of the Intelligence Authorization Act,
Fiscal Year 1990 (Public Law 101-193; 103 Stat. 1709; 8
U.S.C. 1430 note) is amended to read as follows:
``(a) For purposes of subsection (c) of section 319 of the
Immigration and Nationality Act (8 U.S.C. 1430), the George
C. Marshall European Center for Security Studies, located in
Garmisch, Federal Republic of Germany, shall be considered to
be an organization described in clause (1) of such
subsection. Notwithstanding clauses (2) and (4) of such
subsection and any other provision of title III of the
Immigration and Nationality Act, neither prior admission to
the United States for permanent residence nor presence in the
United States at the time of naturalization is required as a
condition for the naturalization (under the authority of such
subsection) of a person employed by the Center.''.
(b) Reference Correction.--The section heading of such
section is amended to read as follows:
``requirements for citizenship for staff of george c. marshall european
center for security studies''.
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
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Alabama........................... Redstone Arsenal.... $27,000,000
Arizona........................... Fort Huachuca....... $20,000,000
California........................ Naval Weapons $23,000,000
Station, Concord.
Colorado.......................... Fort Carson......... $7,300,000
Georgia........................... Fort Gordon......... $22,000,000
Hawaii............................ Schofield Barracks.. $44,000,000
Indiana........................... Crane Army $7,700,000
Ammunition Activity.
Kansas............................ Fort Leavenworth.... $63,000,000
Fort Riley.......... $25,800,000
Kentucky.......................... Fort Campbell....... $53,600,000
Fort Knox........... $7,200,000
North Carolina.................... Fort Bragg.......... $6,500,000
South Carolina.................... Naval Weapons $7,700,000
Station, Charleston.
Texas............................. Fort Sam Houston.... $16,000,000
Virginia.......................... Charlottesville..... $3,100,000
Fort A.P. Hill...... $5,400,000
Fort Myer........... $8,200,000
Washington........................ Fort Lewis.......... $33,000,000
CONUS Classified.................. Classified Location. $6,500,000
---------------
Total:............ $387,000,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(2), the Secretary of the Army may acquire real
property and carry out military construction projects for the
locations outside the United States, and in the amounts, set
forth in the following table:
Army: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Germany........................... Katterbach Kaserne, $22,000,000
Ansbach.
Kitzingen........... $4,365,000
Tompkins Barracks, $8,800,000
Heidelberg.
Rhine Ordnance $6,000,000
Barracks, Military
Support Group,
Kaiserslautern.
Korea............................. Camp Casey.......... $5,100,000
Camp Castle......... $8,400,000
Camp Humphreys...... $32,000,000
Camp Red Cloud...... $23,600,000
Camp Stanley........ $7,000,000
Various Overseas.................. Various Locations... $37,000,000
Worldwide......................... Host Nation Support. $20,000,000
---------------
Total:............ $174,265,000
------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2104(a)(5)(A), the Secretary of the Army may
construct or acquire family housing units (including land
acquisition) at the installations, for the purposes, and in
the amounts set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Alaska................................ Fort Richardson.......... 52 Units..................... $9,600,000
Fort Wainwright.......... 32 Units..................... $8,300,000
Florida............................... Miami.................... 8 Units...................... $2,300,000
Hawaii................................ Schofield Barracks....... 132 Units.................... $26,600,000
Kentucky.............................. Fort Campbell............ Family housing improvements.. $8,500,000
Maryland.............................. Fort Meade............... 56 Units..................... $7,900,000
New York.............................. United States Military Whole neighborhood $5,400,000
Academy, West Point. revitalization.
North Carolina........................ Fort Bragg............... 174 Units.................... $20,150,000
Texas................................. Fort Bliss............... 91 Units..................... $12,900,000
[[Page S5853]]
Fort Hood................ 130 Units.................... $18,800,000
---------------
Total:..................... $120,450,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(5)(A), the Secretary of the Army may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of family housing units in an amount not to
exceed $11,665,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2104(a)(5)(A), the Secretary of
the Army may improve existing military family housing units
in an amount not to exceed $44,800,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
1997, for military construction, land acquisition, and
military family housing functions of the Department of the
Army in the total amount of $1,957,129,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $360,500,000.
(2) For the military construction projects outside the
United States authorized by section 2101(b), $174,265,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$6,000,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $50,512,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$176,915,000.
(B) For support of military family housing (including the
functions described in section 2833 of title 10, United
States Code), $1,148,937,000.
(6) For the construction of the National Range Control
Center, White Sands Missile Range, New Mexico, authorized by
section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 1997 (division B of Public Law 104-201;
110 Stat. 2763), $18,000,000.
(7) For the construction of the whole barracks complex
renewal, Fort Knox, Kentucky, authorized by section 2101(a)
of the Military Construction Authorization Act for Fiscal
Year 1997 (110 Stat. 2763), $22,000,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2101 of this Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a); and
(2) $26,500,000 (the balance of the amount authorized under
section 2101(a) for the construction of the United States
Disciplinary Barracks, Fort Leavenworth, Kansas).
SEC. 2105. AUTHORITY TO USE CERTAIN PRIOR YEAR FUNDS TO
CONSTRUCT A HELIPORT AT FORT IRWIN, CALIFORNIA.
(a) Authority To Use Funds.--Notwithstanding any other
provision of law and subject to subsection (b), the Secretary
of the Army may carry out a project to construct a heliport
at Fort Irwin, California, using the following amounts:
(1) Amounts appropriated pursuant to the authorization of
appropriations in section 2104(a)(1) of the Military
Construction Authorization Act for Fiscal Year 1995 (division
B of Public Law 103-337; 108 Stat. 3029) for the military
construction project at Fort Irwin authorized by section
2101(a) of that Act (108 Stat. 3027).
(2) Amounts appropriated pursuant to the authorization of
appropriations in section 2104(a)(1) of the Military
Construction Authorization Act for Fiscal Year 1996 (division
B of Public Law 104-106; 110 Stat. 524) for the military
construction project at Fort Irwin authorized by section
2101(a) of that Act (110 Stat. 523).
(b) Limitation on Availability.--Unless funds available
under subsection (a) are obligated for the project covered by
that subsection by the later of the dates set forth in
section 2701(a) of this Act, the authority in that subsection
to use funds for the project shall expire on the later of
such dates.
TITLE XXII--NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(1), the Secretary of the Navy may acquire real
property and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:
Navy: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Arizona........................... Navy Detachment, $11,426,000
Camp Navajo.
Marine Corps Air $14,700,000
Station, Yuma.
California........................ Marine Corps Air $14,020,000
Station, Camp
Pendleton.
Marine Corps Air $8,700,000
Station, Miramar.
Marine Corps Air- $3,810,000
Ground Combat
Center, Twentynine
Palms.
Marine Corps Base, $39,469,000
Camp Pendleton.
Naval Air Facility, $11,000,000
El Centro.
Naval Air Station, $19,600,000
North Island.
Connecticut....................... Naval Submarine $23,560,000
Base, New London.
Florida........................... Naval Air Station, $3,480,000
Jacksonville.
Hawaii............................ Honolulu (Fort $9,500,000
DeRussy).
Marine Corps Air $19,000,000
Station, Kaneohe
Bay.
Naval Computer and $3,900,000
Telecommunications
Area, Master
Station, Eastern
Pacific, Honolulu.
Naval Station, Pearl $25,000,000
Harbor.
Illinois.......................... Naval Training $41,220,000
Center, Great Lakes.
Mississippi....................... Navy Combat $22,440,000
Battalion
Construction Base,
Gulfport.
North Carolina.................... Marine Corps Air $8,800,000
Station, Cherry
Point.
Marine Corps Air $19,900,000
Station, New River.
Rhode Island...................... Naval Undersea $8,900,000
Warfare Center
Division, Newport.
South Carolina.................... Marine Corps Recruit $3,200,000
Depot, Parris
Island.
Virginia.......................... Fleet Combat $7,000,000
Training Center,
Dam Neck.
Naval Air Station, $14,240,000
Norfolk.
Naval Air Station, $28,000,000
Oceana.
Naval Amphibious $8,685,000
Base, Little Creek.
Naval Station, $64,970,000
Norfolk.
Naval Surface $20,480,000
Warfare Center,
Dahlgren.
Naval Weapons $11,257,000
Station, Yorktown.
Norfolk Naval $9,500,000
Shipyard,
Portsmouth.
Washington........................ Naval Air Station, $1,100,000
Whidbey Island.
Puget Sound Naval $4,400,000
Shipyard, Bremerton.
---------------
Total:............ $481,257,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(2), the Secretary of the Navy may acquire real
property and carry out military construction projects for the
installations and locations outside the United States, and in
the amounts, set forth in the following table:
Navy: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Bahrain........................... Administrative $30,100,000
Support Unit,
Bahrain.
Guam.............................. Naval Computer and $4,050,000
Telecommunications
Area, Master
Station, Western
Pacific.
Italy............................. Naval Air Station, $21,440,000
Sigonella.
Naval Support $8,200,000
Activity, Naples.
Puerto Rico....................... Naval Station, $9,500,000
Roosevelt Roads.
United Kingdom.................... Joint Maritime $2,330,000
Communications
Center, Saint
Mawgan.
---------------
Total:............ $75,620,000
------------------------------------------------------------------------
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 S5854]]
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation Purpose Amount
----------------------------------------------------------------------------------------------------------------
California............................ Marine Corps Air Station, 166 Units.................... $28,881,000
Miramar.
Marine Corps Air-Ground 132 Units.................... $23,891,000
Combat Center,
Twentynine Palms.
Marine Corps Base, Camp 171 Units.................... $22,518,000
Pendleton.
Naval Air Station, 128 Units.................... $23,226,000
Lemoore.
North Carolina........................ Marine Corps Base, Camp 37 Units..................... $2,863,000
Lejeune.
Texas................................. Naval Air Station, Corpus 57 Units..................... $6,470,000
Christi.
Washington............................ Naval Air Station, 198 Units.................... $32,290,000
Whidbey Island.
---------------
Total:..................... $140,139,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(5)(A), the Secretary of the Navy may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of military family housing units in an amount not
to exceed $15,850,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2204(a)(5)(A), the Secretary of
the Navy may improve existing military family housing units
in an amount not to exceed $173,780,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
1997, for military construction, land acquisition, and
military family housing functions of the Department of the
Navy in the total amount of $1,916,887,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $448,637,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $75,620,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $9,960,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $47,597,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$329,769,000.
(B) For support of military housing (including functions
described in section 2833 of title 10, United States Code),
$976,504,000.
(6) For construction of a large anachoic chamber facility
at Patuxent River Naval Warfare Center, Maryland, authorized
by section 2201(a) of the Military Construction Authorization
Act for Fiscal Year 1993 (division B of Public Law 102-484;
106 Stat. 2590), $9,000,000.
(7) For construction of a bachelor enlisted quarters at
Naval Hospital, Great Lakes, Illinois, authorized by section
2201(a) of the Military Construction Authorization Act for
Fiscal Year 1997 (division B of Public Law 104-201; 110 Stat.
2766), $5,200,000.
(8) For construction of a bachelor enlisted quarters at
Naval Station, Roosevelt Roads, Puerto Rico, authorized by
section 2201(b) of the Military Construction Authorization
Act for Fiscal Year 1997 (110 Stat. 2767), $14,600,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2201 of this Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a); and
(2) $32,620,000 (the balance of the amount authorized under
section 2101(a) for the replacement of the Berthing Pier at
Naval Station, Norfolk, Virginia.
(c) Adjustment.--The total amount authorized to be
appropriated under paragraph (5) of subsection (a) is the sum
of the amounts authorized to be appropriated under such
paragraph, reduced by $8,463,000 (the combination of project
savings resulting from favorable bids, reduced overhead
costs, and cancellations due to force structure changes).
SEC. 2205. AUTHORIZATION OF MILITARY CONSTRUCTION PROJECT AT
PASCAGOULA NAVAL STATION, MISSISSIPPI, FOR
WHICH FUNDS HAVE BEEN APPROPRIATED.
(a) Authorization.--The table in section 2201(a) of the
Military Construction Authorization Act for Fiscal Year 1997
(division B of Public Law 104-201; 110 Stat. 2766) is amended
by striking out the item relating to Navy Project, Stennis
Space Center, Mississippi, and inserting in lieu thereof the
following:
------------------------------------------------------------------------
------------------------------------------------------------------------
Mississippi....................... Naval Station $4,990,000
Pascagoula.
Navy Project, $7,960,000
Stennis Space
Center.
------------------------------------------------------------------------
(b) Conforming Amendments.--Section 2204(a) of such Act
(110 Stat. 2769) is amended--
(1) in the matter preceding paragraph (1), by striking out
``$2,213,731,000'' and inserting in lieu thereof
``$2,218,721,000''; and
(2) in paragraph (1), by striking out ``$579,312,000'' and
inserting in lieu thereof ``$584,302,000''.
TITLE XXIII--AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(1), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:
Air Force: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Alabama........................... Maxwell Air Force $5,574,000
Base.
Alaska............................ Clear Air Force $67,069,000
Station.
Elmendorf Air Force $6,100,000
Base.
Eielson Air Force $13,764,000
Base.
Indian Mountain Long $1,991,000
Range Radar Site.
California........................ Edwards Air Force $2,887,000
Base.
Vandenberg Air Force $26,876,000
Base.
Colorado.......................... Buckley Air National $6,718,000
Guard Base.
Falcon Air Force $10,551,000
Station.
Peterson Air Force $4,081,000
Base.
United States Air $15,229,000
Force Academy.
Florida........................... Eglin Auxiliary $6,470,000
Field 9.
MacDill Air Force $1,543,000
Base.
Georgia........................... Moody Air Force Base $15,900,000
Robins Air Force $18,663,000
Base.
Idaho............................. Mountain Home Air $30,669,000
Force Base.
Kansas............................ McConnell Air Force $19,219,000
Base.
Louisiana......................... Barksdale Air Force $19,410,000
Base.
Mississippi....................... Keesler Air Force $30,855,000
Base.
Missouri.......................... Whiteman Air Force $17,419,000
Base.
Montana........................... Malmstrom Air Force $4,500,000
Base.
Nebraska.......................... Offutt Air Force $6,900,000
Base.
Nevada............................ Nellis Air Force $5,900,000
Base.
New Jersey........................ McGuire Air Force $9,954,000
Base.
New Mexico........................ Cannon Air Force $2,900,000
Base.
Kirtland Air Force $20,300,000
Base.
North Carolina.................... Pope Air Force Base. $8,356,000
North Dakota...................... Grand Forks Air $8,560,000
Force Base.
Minot Air Force Base $5,200,000
Ohio.............................. Wright-Patterson Air $32,750,000
Force Base.
Oklahoma.......................... Altus Air Force Base $11,000,000
Tinker Air Force $9,655,000
Base.
Vance Air Force Base $7,700,000
South Carolina.................... Shaw Air Force Base. $6,072,000
South Dakota...................... Ellsworth Air Force $6,600,000
Base.
Tennessee......................... Arnold Air Force $10,750,000
Base.
Texas............................. Dyess Air Force Base $10,000,000
Randolph Air Force $2,488,000
Base.
Utah.............................. Hill Air Force Base. $6,470,000
Virginia.......................... Langley Air Force $4,031,000
Base.
Washington........................ Fairchild Air Force $24,016,000
Base.
McChord Air Force $9,655,000
Base.
CONUS Classified.................. Classified Location. $6,175,000
---------------
Total:............ $540,920,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(2), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations and locations outside the United States, and in
the amounts, set forth in the following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Germany........................... Spangdahlem Air Base $18,500,000
Italy............................. Aviano Air Base..... $15,220,000
Korea............................. Kunsan Air Base..... $10,325,000
[[Page S5855]]
Portugal.......................... Lajes Field, Azores. $4,800,000
United Kingdom.................... Royal Air Force, $11,400,000
Lakenheath.
Overseas Classified............... Classified Location. $29,100,000
---------------
Total:............ $89,345,000
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2304(a)(5)(A), the Secretary of the Air Force may
construct or acquire family housing units (including land
acquisition) at the installations, for the purposes, and in
the amounts set forth in the following table:
Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
California............................ Edwards Air Force Base... 51 units..................... $8,500,000
Travis Air Force Base.... 70 units..................... $9,714,000
Vandenberg Air Force Base 108 units.................... $17,100,000
Delaware.............................. Dover Air Force Base..... Ancillary Facility........... $831,000
District of Columbia.................. Bolling Air Force Base... 46 units..................... $5,100,000
Florida............................... MacDill Air Force Base... 58 units..................... $10,000,000
Tyndall Air Force Base... 32 units..................... $4,200,000
Georgia............................... Robins Air Force Base.... 106 units.................... $12,000,000
Idaho................................. Mountain Home Air Force 60 units..................... $11,032,000
Base.
Kansas................................ McConnell Air Force Base. 19 units..................... $2,951,000
Mississippi........................... Columbus Air Force Base.. 50 units..................... $6,200,000
Keesler Air Force Base... 40 units..................... $5,000,000
Montana............................... Malmstrom Air Force Base. 956 units.................... $21,447,000
New Mexico............................ Kirtland Air Force Base.. 180 units.................... $20,900,000
North Dakota.......................... Grand Forks Air Force 42 units..................... $7,936,000
Base.
South Carolina........................ Charleston Air Force Base Improve family housing area.. $14,300,000
Texas................................. Dyess Air Force Base..... 70 units..................... $10,503,000
Goodfellow Air Force Base 3 units...................... $500,000
Lackland Air Force Base.. 50 units..................... $7,400,000
Wyoming............................... F.E. Warren Air Force 52 units..................... $6,853,000
Base.
---------------
Total:..................... $182,467,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(5)(A), the Secretary of the Air Force may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of military family housing units in an amount not
to exceed $13,021,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2304(a)(5)(A), the Secretary of
the Air Force may improve existing military family housing
units in an amount not to exceed $102,195,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
1997, for military construction, land acquisition, and
military family housing functions of the Department of the
Air Force in the total amount of $1,793,949,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $540,920,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $89,345,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $8,545,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $51,080,000.
(5) For military housing functions:
(A) For construction and acquisition, planning and design,
planning improvement of military family housing and
facilities, $297,683,000.
(B) For support of military family housing (including the
functions described in section 2833 of title 10, United
States Code), $830,234,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2301 of this Act may not exceed the
total amount authorized to be appropriated under paragraphs
(1) and (2) of subsection (a).
(c) Adjustment.--The total amount authorized to be
appropriated pursuant to paragraphs (1) through (5) of
subsection (a) is the sum of the amounts authorized to be
appropriated in such paragraphs, reduced by $23,858,000 (the
combination of project savings resulting from favorable bids,
reduced overhead costs, and cancellations due to force
structure changes).
SEC. 2305. AUTHORIZATION OF MILITARY CONSTRUCTION PROJECT AT
MCCONNELL AIR FORCE BASE, KANSAS, FOR WHICH
FUNDS HAVE BEEN APPROPRIATED.
(a) Authorization.--The table in section 2301(a) of the
Military Construction Authorization Act for Fiscal Year 1997
(division B of Public Law 104-201; 110 Stat. 2771) is amended
in the item relating to McConnell Air Force Base, Kansas, by
striking out ``$19,130,000'' in the amount column and
inserting in lieu thereof ``$25,830,000''.
(b) Conforming Amendment.--Section 2304 of such Act (110
Stat. 2774) is amended--
(1) in the matter preceding paragraph (1), by striking out
``$1,894,594,000'' and inserting in lieu thereof
``$1,901,294,000''; and
(2) in paragraph (1), by striking out ``$603,834,000'' and
inserting in lieu thereof ``$610,534,000''.
TITLE XXIV--DEFENSE AGENCIES
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2405(a)(1), the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:
Defense Agencies: Inside the United States
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Defense Commissary Agency......... Fort Lee, Virginia.. $9,300,000
Defense Finance & Accounting Naval Station, Pearl $10,000,000
Service. Harbor, Hawaii.....
Columbus Center, $9,722,000
Ohio...............
Naval Air Station, $6,906,000
Millington,
Tennessee..........
Naval Station, $12,800,000
Norfolk, Virginia..
Defense Intelligence Agency....... Redstone Arsenal, $32,700,000
Alabama............
Bolling Air Force $7,000,000
Base, District of
Columbia...........
Defense Logistics Agency.......... Elmendorf Air Force $21,700,000
Base, Alaska.......
Naval Air Station, $9,800,000
Jacksonville,
Florida............
Westover Air Reserve $4,700,000
Base, Massachusetts
Defense Distribution $15,500,000
New Cumberland--
DDSP, Pennsylvania.
Defense Distribution $16,656,000
Depot--DDNV,
Virginia...........
Defense Fuel Support $22,100,000
Point, Craney
Island, Virginia...
Defense General $5,200,000
Supply Center,
Richmond, Virginia.
Defense Fuel Support $4,500,000
Center, Truax
Field, Wisconsin...
CONUS Various, CONUS $11,275,000
Various............
Defense Medical Facility Office... Naval Station, San $2,100,000
Diego, California..
Naval Submarine $2,300,000
Base, New London,
Connecticut........
[[Page S5856]]
Naval Air Station, $2,750,000
Pensacola, Florida.
Robins Air Force $19,000,000
Base, Georgia......
Fort Campbell, $13,600,000
Kentucky...........
Fort Detrick, $4,650,000
Maryland...........
McGuire Air Force $35,217,000
Base, New Jersey...
Holloman Air Force $3,000,000
Base, New Mexico...
Wright-Patterson Air $2,750,000
Force Base, Ohio...
Lackland Air Force $3,000,000
Base, Texas........
Hill Air Force Base, $3,100,000
Utah...............
Marine Corps Combat $19,000,000
Development
Command, Quantico,
Virginia...........
Naval Station, $7,500,000
Everett, Washington
National Security Agency.......... Fort Meade, Maryland $29,800,000
Special Operations Command........ Naval Amphibious $7,400,000
Base, North Island,
California.........
Eglin Auxiliary $11,200,000
Field 3, Florida...
Hurlburt Field, $2,450,000
Florida............
Fort Benning, $9,814,000
Georgia............
Hunter Army Air $2,500,000
Field, Fort
Stewart, Georgia...
Naval Station, Pearl $7,400,000
Harbor, Hawaii.....
Mississippi Army $9,900,000
Ammunition Plant,
Mississippi........
Fort Bragg, North $9,800,000
Carolina...........
---------------
Total:............ $408,090,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2405(a)(2), the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations and locations outside the United States, and in
the amounts, set forth in the following table:
Defense Agencies: Outside the United States
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Ballistic Missile Defense Kwajalein Atoll..... $4,565,000
Organization.
Defense Logistics Agency.......... Defense Fuel Support $16,000,000
Point, Anderson Air
Force Base, Guam...
Defense Fuel Supply $14,400,000
Center, Moron Air
Base, Spain........
---------------
Total:............ $34,965,000
------------------------------------------------------------------------
SEC. 2402. MILITARY HOUSING PLANNING AND DESIGN.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2405(a)(13)(A), the Secretary of
Defense may carry out architectural and engineering services
and construction design activities with respect to the
construction or improvement of military family housing units
in an amount not to exceed $50,000.
SEC. 2403. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriation in section 2405(a)(13)(A), the Secretary of
Defense may improve existing military family housing units in
an amount not to exceed $4,950,000.
SEC. 2404. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2405(a)(11), the Secretary of
Defense may carry out energy conservation projects under
section 2865 of title 10, United States Code.
SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
1997, for military construction, land acquisition, and
military family housing functions of the Department of
Defense (other than the military departments), in the total
amount of $2,778,531,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $408,090,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $34,965,000.
(3) For military construction projects at Anniston Army
Depot, Alabama, authorized by section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 1993 (division
B of Public Law 102-484; 106 Stat. 2587), $9,900,000.
(4) For military construction projects at Walter Reed Army
Institute of Research, Maryland, hospital replacement,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1993 (106 Stat. 2599),
$20,000,000.
(5) For military construction projects at Umatilla Army
Depot, Oregon, authorized by section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 1995 (division
B of Public Law 103-337; 108 Stat. 3040), as amended by
section 2407 of the Military Construction Authorization Act
for Fiscal Year 1996 (division B of Public Law 104-106; 110
Stat. 539) and section 2408(2) of this Act, $57,427,000.
(6) For military construction projects at the Defense
Finance and Accounting Service, Columbus, Ohio, authorized by
section 2401(a) of the Military Construction Authorization
Act of Fiscal Year 1996 (110 Stat. 535), $14,200,000.
(7) For military construction projects at Portsmouth Naval
Hospital, Virginia authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal Years 1990
and 1991 (division B of Public Law 101-189; 103 Stat. 1640),
$34,600,000.
(8) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States
Code, $9,844,000.
(9) For unspecified minor construction projects under
section 2805 of title 10, United States Code, $34,457,000.
(10) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $31,520,000.
(11) For energy conservation projects authorized by section
2404 of this Act, $25,000,000.
(12) For base closure and realignment activities as
authorized by the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note), $2,060,854,000.
(13) For military family housing functions:
(A) For improvement and planning of military family housing
and facilities, $4,950,000.
(B) For support of military housing (including functions
described in section 2833 of title 10, United States Code),
$32,724,000, of which not more than $27,673,000 may be
obligated or expended for the leasing of military family
housing units worldwide.
(b) Limitation of Total Cost of Construction Projects.--
Notwithstanding the cost variation authorized by section 2853
of title 10, United States Code, and any other cost
variations authorized by law, the total cost of all projects
carried out under section 2401 of this Act may not exceed the
total amount authorized to be appropriated under paragraphs
(1) and (2) of subsection (a).
SEC. 2406. CLARIFICATION OF AUTHORITY RELATING TO FISCAL YEAR
1997 PROJECT AT NAVAL STATION, PEARL HARBOR,
HAWAII.
The table in section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1997 (division B of Public
Law 104-201; 110 Stat. 2775) is amended in the item relating
to Special Operations Command, Naval Station, Ford Island,
Pearl Harbor, Hawaii, in the installation or location column
by striking out ``Naval Station, Ford Island, Pearl Harbor,
Hawaii'' and inserting in lieu thereof ``Naval Station, Pearl
City Peninsula, Pearl Harbor, Hawaii''.
SEC. 2407. AUTHORITY TO USE PRIOR YEAR FUNDS TO CARRY OUT
CERTAIN DEFENSE AGENCY MILITARY CONSTRUCTION
PROJECTS.
(a) Authority To Use Funds.--Notwithstanding any other
provision of law and subject to subsection (c), the Secretary
of Defense may carry out the military construction projects
referred to in subsection (b), in the amounts specified in
that subsection, using amounts appropriated pursuant to the
authorization of appropriations in section 2405(a)(1) of the
Military Construction Authorization Act for Fiscal Year 1995
(division B of Public Law 103-337; 108 Stat. 3042) for the
military construction project authorized at McClellan Air
Force Base, California, by section 2401 of that Act (108
Stat. 3041).
(b) Covered Projects.--Funds available under subsection (a)
may be used for military construction projects as follows:
(1) Construction of an addition to the Aeromedical Clinic
at Anderson Air Base, Guam, $3,700,000.
(2) Construction of an occupational health clinic facility
at Tinker Air Force Base, Oklahoma, $6,500,000.
(c) Limitation on Availability.--Unless funds available
under subsection (a) are obligated for a project referred to
in subsection (b) by the later of the dates set forth in
section 2701(a), the authority in subsection (a) to use such
funds for the project shall expire on the later of such
dates.
SEC. 2408. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR
1995 PROJECTS.
The table in section 2401 of the Military Construction
Authorization Act for Fiscal Year 1995 (division B of Public
Law 103-337; 108 Stat. 3040), as amended by section 2407 of
the Military Construction Authorization Act for Fiscal Year
1996 (division B of Public Law 104-106; 110 Stat. 539), under
the agency heading relating to Chemical Weapons and Munitions
Destruction, is amended--
(1) in the item relating to Pine Bluff Arsenal, Arkansas,
by striking out ``$115,000,000'' in the amount column and
inserting in lieu thereof ``$134,000,000''; and
(2) in the item relating to Umatilla Army Depot, Oregon, by
striking out ``$186,000,000'' in the amount column and
inserting in lieu thereof ``$187,000,000''.
[[Page S5857]]
SEC. 2409. AVAILABILITY OF FUNDS FOR FISCAL YEAR 1995 PROJECT
RELATING TO RELOCATABLE OVER-THE-HORIZON RADAR,
NAVAL STATION ROOSEVELT ROADS, PUERTO RICO.
(a) Availability of Funds.--Notwithstanding any other
provision of law and except as provided in subsection (b),
funds appropriated under the heading ``Drug Interdiction and
Counter-Drug Activities, Defense'' in title VI of the
Department of Defense Appropriations Act, 1995 (Public Law
103-335; 108 Stat. 2615) for the construction of a
relocatable over-the-horizon radar at Naval Station Roosevelt
Roads, Puerto Rico, shall be available for that purpose until
the later of--
(1) October 1, 1998; or
(2) the date of enactment of an Act authorizing funds for
military construction for fiscal year 1999.
(b) Exception.--Subsection (a) shall not apply to the use
of funds covered by that subsection for the purpose specified
in that subsection if such funds are obligated before the
later of the dates specified in that subsection.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
The Secretary of Defense may make contributions for the
North Atlantic Treaty Organization Security Investment
program as provided in section 2806 of title 10, United
States Code, in an amount not to exceed the sum of the amount
authorized to be appropriated for this purpose in section
2502 and the amount collected from the North Atlantic Treaty
Organization as a result of construction previously financed
by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 1997, for contributions
by the Secretary of Defense under section 2806 of title 10,
United States Code, for the share of the United States of the
cost of projects for the North Atlantic Treaty Organization
Security Investment program authorized by section 2501, in
the amount of $152,600,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
There are authorized to be appropriated for fiscal years
beginning after September 30, 1997, for the costs of
acquisition, architectural and engineering services, and
construction of facilities for the Guard and Reserve Forces,
and for contributions therefor, under chapter 1803 of title
10, United States Code (including the cost of acquisition of
land for those facilities), the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United States,
$155,416,000; and
(B) for the Army Reserve, $87,640,000.
(2) For the Department of the Navy, for the Naval and
Marine Corps Reserve, $21,213,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United States,
$193,269,000; and
(B) for the Air Force Reserve, $34,580,000.
SEC. 2602. AUTHORIZATION OF ARMY NATIONAL GUARD CONSTRUCTION
PROJECT, AVIATION SUPPORT FACILITY, HILO,
HAWAII, FOR WHICH FUNDS HAVE BEEN APPROPRIATED.
Section 2601(1)(A) of the Military Construction
Authorization Act for Fiscal Year 1997 (division B of Public
Law 104-201; 110 Stat. 2780) is amended by striking out
``$59,194,000'' and inserting in lieu thereof
``$65,094,000''.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED
TO BE SPECIFIED BY LAW.
(a) Expiration of Authorizations after Three Years.--Except
as provided in subsection (b), all authorizations contained
in titles XXI through XXVI for military construction
projects, land acquisition, family housing projects and
facilities, and contributions to the North Atlantic Treaty
Organization Security Investment program (and authorizations
of appropriations therefor) shall expire on the later of--
(1) October 1, 2000; or
(2) the date for the enactment of an Act authorizing funds
for military construction for fiscal year 2001.
(b) Exception.--Subsection (a) shall not apply to
authorizations for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Security Investment program (and authorizations of
appropriations therefor), for which appropriated funds have
been obligated before the later of--
(1) October 1, 2000; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2001 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization
Security Investment program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
1995 PROJECTS.
(a) Extensions.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 1995
(division B of Public Law 103-337; 108 Stat. 3046),
authorizations for the projects set forth in the tables in
subsection (b), as provided in section 2101, 2201, 2202,
2301, 2302, 2401, or 2601 of that Act, shall remain in effect
until October 1, 1998, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
1999, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are
as follows:
Army: Extension of 1995 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
California............................ Fort Irwin............... National Training Center $10,000,000
Airfield Phase I.
----------------------------------------------------------------------------------------------------------------
Navy: Extension of 1995 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Maryland.............................. Indian Head Naval Surface Upgrade Power Plant.......... $4,000,000
Warfare Center.
Indian Head Naval Surface Denitrification/Acid Mixing $6,400,000
Warfare Center. Facility.
Virginia.............................. Norfolk Marine Corps Bachelor Enlisted Quarters... $6,480,000
Security Force Battalion
Atlantic.
Washington............................ Naval Station, Everett... Housing Office............... $780,000
CONUS Classified...................... Classified Location...... Aircraft Fire and Rescue and $2,200,000
Vehicle Maintenance
Facilities.
----------------------------------------------------------------------------------------------------------------
Air Force: Extension of 1995 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
California............................ Beale Air Force Base..... Consolidated Support Center.. $10,400,000
Los Angeles Air Force Family Housing (50 units).... $8,962,000
Station.
North Carolina........................ Pope Air Force Base...... Combat Control Team Facility. $2,450,000
Pope Air Force Base...... Fire Training Facility....... $1,100,000
----------------------------------------------------------------------------------------------------------------
[[Page S5858]]
Defense Agencies: Extension of 1995 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Alabama............................... Anniston Army Depot...... Carbon Filtration System..... $5,000,000
Arkansas.............................. Pine Bluff Arsenal....... Ammunition Demilitarization $115,000,000
Facility.
California............................ Defense Contract Administrative Building...... $5,100,000
Management Area Office,
El Segundo.
Oregon................................ Umatilla Army Depot...... Ammunition Demilitarization $186,000,000
Facility.
----------------------------------------------------------------------------------------------------------------
Army National Guard: Extension of 1995 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
California............................ Camp Roberts............. Modify Record Fire/ $3,910,000
Maintenance Shop.
Camp Roberts............. Combat Pistol Range.......... $952,000
Pennsylvania.......................... Fort Indiantown Gap...... Barracks..................... $6,200,000
----------------------------------------------------------------------------------------------------------------
Naval Reserve: Extension of 1995 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Georgia............................... Naval Air Station Training Center.............. $2,650,000
Marietta.
-------------------------------------------------- --------------------------------------------------------
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
1994 PROJECTS.
(a) Extension.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 1994
(division B of Public Law 103-160; 107 Stat. 1880),
authorizations for the projects set forth in the table in
subsection (b), as provided in section 2201 of that Act and
extended by section 2702(a) of the Military Construction
Authorization Act for Fiscal Year 1997 (division B of Public
Law 104-201; 110 Stat. 2783), shall remain in effect until
October 1, 1998, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
1999, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Navy: Extension of 1994 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
California............................ Camp Pendleton Marine Sewage Facility.............. $7,930,000
Corps Base.
Connecticut........................... New London Naval Hazardous Waste Transfer $1,450,000
Submarine Base. Facility.
----------------------------------------------------------------------------------------------------------------
SEC. 2704. EXTENSION OF AUTHORIZATION OF FISCAL YEAR 1993
PROJECT.
(a) Extension.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 1993
(division B of Public Law 102-484; 106 Stat. 2602), the
authorization for the project set forth in the table in
subsection (b), as provided in section 2101 of that Act and
extended by section 2702 of the Military Construction
Authorization Act for Fiscal Year 1996 (division B of Public
Law 104-106; 110 Stat. 541) and section 2703 of the Military
Construction Authorization Act for Fiscal Year 1997 (division
B of Public Law 104-201; 110 Stat. 2784), shall remain in
effect until October 1, 1998, or the date of enactment of an
Act authorizing funds for military construction for fiscal
year 1999, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Army: Extension of 1993 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Arkansas.............................. Pine Bluff Arsenal....... Ammunition Demilitarization $15,000,000
Support Facility.
----------------------------------------------------------------------------------------------------------------
SEC. 2705. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
1992 PROJECTS.
(a) Extensions.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 1992
(division B of Public Law 102-190; 105 Stat. 1535),
authorizations for the projects set forth in the table in
subsection (b), as provided in section 2101 of that Act and
extended by section 2702 of the Military Construction
Authorization Act for Fiscal Year 1995 (division B of Public
Law 103-337; 108 Stat. 3047), section 2703 of the Military
Construction Authorization Act for Fiscal Year 1996 (division
B of Public Law 104-106; 110 Stat. 543), and section 2704 of
the Military Construction Authorization Act for Fiscal Year
1997 (division B of Public Law 104-201; 110 Stat. 2785),
shall remain in effect until October 1, 1998, or the date of
enactment of an Act authorizing funds for military
construction for fiscal year 1999, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Army: Extension of 1992 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Oregon................................ Umatilla Army Depot...... Ammunition Demilitarization $3,600,000
Support Facility.
Umatilla Army Depot...... Ammunition Demilitarization $7,500,000
Utilities.
----------------------------------------------------------------------------------------------------------------
[[Page S5859]]
SEC. 2706. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take
effect on the later of--
(1) October 1, 1997; or
(2) the date of the enactment of this Act.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
SEC. 2801. INCREASE IN CEILING FOR MINOR LAND ACQUISITION
PROJECTS.
(a) Increase.--Section 2672 of title 10, United States
Code, is amended by striking out ``$200,000'' each place it
appears in subsection (a) and inserting in lieu thereof
``$500,000''.
(b) Conforming Amendments.--(1) The section heading for
such section is amended by striking out ``$200,000'' and
inserting in lieu thereof ``$500,000''.
(2) The table of sections at the beginning of chapter 159
of such title is amended in the item relating to section 2672
by striking out ``$200,000'' and inserting in lieu thereof
``$500,000''.
SEC. 2802. SALE OF UTILITY SYSTEMS OF THE MILITARY
DEPARTMENTS.
(a) In General.--Chapter 159 of title 10, United States
Code, is amended by adding at the end the following:
``Sec. 2695. Sale of utility systems
``(a) Authority.--The Secretary of the military department
concerned may convey all right, title, and interest of the
United States, or any lesser estate thereof, in and to all or
part of a utility system located on or adjacent to a military
installation under the jurisdiction of the Secretary to a
municipal utility, private utility, regional or district
utility, or cooperative utility or other appropriate entity.
``(b) Selection of Purchaser.--If more than one utility or
entity referred to in subsection (a) notifies the Secretary
concerned of an interest in a conveyance under that
subsection, the Secretary shall carry out the conveyance
through the use of competitive procedures.
``(c) Consideration.--
``(1) In general.--The Secretary concerned shall accept as
consideration for a conveyance under subsection (a) an amount
equal to the fair market value (as determined by the
Secretary) of the right, title, or interest conveyed.
``(2) Form of consideration.--Consideration under this
subsection may take the form of--
``(A) a lump sum payment; or
``(B) a reduction in charges for utility services provided
the military installation concerned by the utility or entity
concerned.
``(3) Treatment of payments.--
``(A) Crediting.--A lump sum payment received under
paragraph (2)(A) shall be credited, at the election of the
Secretary--
``(i) to an appropriation of the military department
concerned available for the procurement of the same utility
services as are provided by the utility system conveyed under
this section;
``(ii) to an appropriation of the military department
available for carrying out energy savings projects or water
conservation projects; or
``(iii) to an appropriation of the military department
available for improvements to other utility systems on the
installation concerned.
``(B) Availability.--Amounts so credited shall be merged
with funds in the appropriation to which credited and shall
be available for the same purposes, and subject to the same
conditions and limitations, as the appropriation with which
merged.
``(d) Inapplicability of Certain Contracting
Requirements.--Sections 2461, 2467, and 2468 of this title
shall not apply to the conveyance of a utility system under
subsection (a).
``(e) Notice and Wait Requirement.--The Secretary concerned
may not make a conveyance under subsection (a) until--
``(1) the Secretary submits to the Committees on Armed
Services and Appropriations of the Senate and the Committees
on National Security and Appropriations of the House of
Representatives an economic analysis (based upon accepted
life-cycle costing procedures) demonstrating that--
``(A) the long-term economic benefit of the conveyance to
the United States exceeds the long-term economic cost of the
conveyance to the United States; and
``(B) the conveyance will reduce the long-term costs of the
United States for utility services provided by the utility
system concerned; and
``(2) a period of 21 days has elapsed after the date on
which the economic analysis is received by the committees.
``(f) Additional Terms and Conditions.--The Secretary
concerned may require such additional terms and conditions in
connection with a conveyance under subsection (a) as such
Secretary considers appropriate to protect the interests of
the United States.
``(g) Utility System Defined.--For purposes of this
section:
``(1) In general.--The term `utility system' means the
following:
``(A) A system for the generation and supply of electric
power.
``(B) A system for the treatment or supply of water.
``(C) A system for the collection or treatment of
wastewater.
``(D) A system for the generation and supply of steam, hot
water, and chilled water.
``(E) A system for the supply of natural gas.
``(2) Inclusions.--The term `utility system' includes the
following:
``(A) Equipment, fixtures, structures, and other
improvements utilized in connection with a system referred to
in paragraph (1).
``(B) Easements and rights-of-ways associated with a system
referred to in that paragraph.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2695. Sale of utility systems.''.
SEC. 2803. ADMINISTRATIVE EXPENSES FOR CERTAIN REAL PROPERTY
TRANSACTIONS.
(a) In General.--(1) Chapter 159 of title 10, United States
Code, as amended by section 2802 of this Act, is further
amended by adding at the end the following:
``Sec. 2696. Administrative expenses relating to certain real
property transactions
``(a) Authority To Collect.--Upon entering into a
transaction referred to in subsection (b) with a non-Federal
person or entity, the Secretary of a military department may
collect from the person or entity an amount equal to the
administrative expenses incurred by the Secretary in entering
into the transaction.
``(b) Covered Transactions.--Subsection (a) applies to the
following transactions:
``(1) The exchange of real property.
``(2) The grant of an easement over, in, or upon real
property of the United States.
``(3) The lease or license of real property of the United
States.
``(c) Use of Amounts Collected.--Amounts collected under
subsection (a) for administrative expenses shall be credited
to the appropriation, fund, or account from which such
expenses were paid. Amounts so credited shall be merged with
funds in such appropriation, fund, or account and shall be
available for the same purposes and subject to the same
limitations as the funds with which merged.''.
(2) The table of sections at the beginning of chapter 159
of such title, as so amended, is further amended by adding at
the end the following:
``2696. Administrative expenses relating to certain real property
transactions.''.
(b) Conforming Amendment.--Section 2667(d)(4) of such title
is amended by striking out ``to cover the administrative
expenses of leasing for such purposes and''.
SEC. 2804. USE OF FINANCIAL INCENTIVES FOR ENERGY SAVINGS AND
WATER COST SAVINGS.
(a) In General.--Section 2865(b) of title 10, United States
Code, is amended--
(1) in paragraph (1), by striking out ``and financial
incentives described in subsection (d)(2)'';
(2) in paragraph (2)--
(A) by striking out ``section 2866(b)'' in the matter
preceding subparagraph (A) and inserting in lieu thereof
``section 2866(b)(2)''; and
(B) by striking out ``section 2866(b)'' in subparagraph (A)
and inserting in lieu thereof ``section 2866(b)(2)''; and
(3) by adding at the end the following:
``(3)(A) Financial incentives received from gas or electric
utilities under subsection (d)(2), and from utilities for
water demand or conservation under section 2866(b)(1) of this
title, shall be credited to an appropriation designated by
the Secretary of Defense. Amounts so credited shall be merged
with the appropriation to which credited and shall be
available for the same purposes and the same period as the
appropriation with which merged.
``(B) The Secretary shall include in the annual report
under subsection (f) the amounts of financial incentives
credited under this paragraph during the year of the report
and the purposes for which such amounts were utilized in that
year.''.
(b) Conforming Amendment.--Section 2866(b) of such title is
amended to read as follows:
``(b) Use of Financial Incentives and Water Cost Savings.--
(1) Financial incentives received under subsection (a)(2)
shall be used as provided in paragraph (3) of section 2865(b)
of this title.
``(2) Water cost savings realized under subsection (a)(3)
shall be used as provided in paragraph (2) of that
section.''.
Subtitle B--Land Conveyances
SEC. 2811. MODIFICATION OF AUTHORITY FOR DISPOSAL OF CERTAIN
REAL PROPERTY, FORT BELVOIR, VIRGINIA.
(a) Repeal of Authority To Convey.--Section 2821 of the
Military Construction Authorization Act for Fiscal Years 1990
and 1991 (division B of Public Law 101-189; 103 Stat. 1658),
as amended by section 2854 of the Military Construction
Authorization Act for Fiscal Year 1996 (division B of Public
Law 104-106; 110 Stat. 568), is repealed.
(b) Treatment as Surplus Property.--(1) Notwithstanding any
other provision of law, the real property described in
paragraph (2) shall be deemed to be surplus property for
purposes of section 203 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 484).
(2) Paragraph (1) applies to a parcel of real property,
including improvements thereon, at Fort Belvoir, Virginia,
consisting of approximately 820 acres and known as the
Engineer Proving Ground.
[[Page S5860]]
SEC. 2812. CORRECTION OF LAND CONVEYANCE AUTHORITY, ARMY
RESERVE CENTER, ANDERSON, SOUTH CAROLINA.
(a) Correction of Conveyee.--Subsection (a) of section 2824
of the Military Construction Authorization Act for Fiscal
Year 1997 (division B of Public Law 104-201; 110 Stat. 2793)
is amended by striking out ``County of Anderson, South
Carolina (in this section referred to as the `County')'' and
inserting in lieu thereof ``Board of Education, Anderson
County, South Carolina (in this section referred to as the
`Board')''.
(b) Conforming Amendments.--Subsections (b) and (c) of such
section are each amended by striking out ``County'' and
inserting in lieu thereof ``Board''.
SEC. 2813. LAND CONVEYANCE, HAWTHORNE ARMY AMMUNITION DEPOT,
MINERAL COUNTY, NEVADA.
(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to Mineral County, Nevada (in
this section referred to as the ``County''), all right,
title, and interest of the United States in and to a parcel
of excess real property, including improvements thereon,
consisting of approximately 33.1 acres located at Hawthorne
Army Ammunition Depot, Mineral County, Nevada, and commonly
referred to as the Schweer Drive Housing Area.
(b) Conditions of Conveyance.--The conveyance authorized by
subsection (a) shall be subject to the following conditions:
(1) That the County accept the conveyed property subject to
such easements and rights of way in favor of the United
States as the Secretary considers appropriate.
(2) That the County, if the County sells any portion of the
property conveyed under subsection (a) before the end of the
10-year period beginning on the date of enactment of this
Act, pay to the United States an amount equal to the lesser
of--
(A) the amount of sale of the property sold; or
(B) the fair market value of the property sold as
determined without taking into account any improvements to
such property by the County.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a), and of any easement or right of way granted
under subsection (b)(1), shall be determined by a survey
satisfactory to the Secretary. The cost of the survey shall
be borne by the County.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a), and any easement or
right of way granted under subsection (b)(1), as the
Secretary considers appropriate to protect the interests of
the United States.
SEC. 2814. LONG-TERM LEASE OF PROPERTY, NAPLES, ITALY.
(a) Authority.--The Secretary of the Navy may acquire by
long-term lease structures and real property relating to a
regional hospital complex in Naples, Italy, that the
Secretary determines to be necessary for purposes of the
Naples Improvement Initiative.
(b) Lease Term.--Notwithstanding section 2675 of title 10,
United States Code, the lease authorized by subsection (a)
shall be for a term of not more than 20 years.
(c) Expiration of Authority.--The authority of the
Secretary to enter into a lease under subsection (a) shall
expire on September 30, 2002.
SEC. 2815. LAND CONVEYANCE, TOPSHAM ANNEX, NAVAL AIR STATION,
BRUNSWICK, MAINE.
(a) Conveyance Authorized.--The Secretary of the Navy may
convey, without consideration, to the Maine School
Administrative District No. 75, Topsham, Maine (in this
section referred to as the ``District''), all right, title,
and interest of the United States in and to a parcel of real
property, including improvements thereon, consisting of
approximately 40 acres located at the Topsham Annex, Naval
Air Station, Brunswick, Maine.
(b) Condition of Conveyance.--The conveyance under
subsection (a) shall be subject to the condition that the
District use the property conveyed for educational purposes.
(c) Reversion.--If the Secretary determines at any time
that the real property conveyed pursuant to this section is
not being used for the purpose specified in subsection (b),
all right, title, and interest in and to the property,
including any improvements thereon, shall revert to the
United States, and the United States shall have the right of
immediate entry thereon.
(d) Interim Lease.--(1) Until such time as the real
property described in subsection (a) is conveyed by deed, the
Secretary may lease the property, together with the
improvements thereon, to the District.
(2) As consideration for the lease under this subsection,
the District shall provide such security services for the
property covered by the lease, and carry out such maintenance
work with respect to the property, as the Secretary shall
specify in the lease.
(e) Description of Property.--The exact acreage and legal
description of the property conveyed under subsection (a)
shall be determined by a survey satisfactory to the
Secretary. The District shall bear the cost of the survey.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a), and the lease, if
any, under subsection (d), as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2816. LAND CONVEYANCE, NAVAL WEAPONS INDUSTRIAL RESERVE
PLANT NO. 464, OYSTER BAY, NEW YORK.
(a) Conveyance Authorized.--(1) The Secretary of the Navy
may convey, without consideration, to the County of Nassau,
New York (in this section referred to as the ``County''), all
right, title, and interest of the United States in and to
parcels of real property consisting of approximately 110
acres and comprising the Naval Weapons Industrial Reserve
Plant No. 464, Oyster Bay, New York.
(2)(A) As part of the conveyance authorized in paragraph
(1), the Secretary may convey to the County such
improvements, equipment, fixtures, and other personal
property (including special tooling equipment and special
test equipment) located on the parcels as the Secretary
determines to be not required by the Navy for other purposes.
(B) The Secretary may permit the County to review and
inspect the improvements, equipment, fixtures, and other
personal property located on the parcels for purposes of the
conveyance authorized by this paragraph.
(b) Condition of Conveyance.--The conveyance of the parcels
authorized in subsection (a) shall be subject to the
condition that the County--
(1) use the parcels, directly or through an agreement with
a public or private entity, for economic redevelopment
purposes or such other public purposes as the County
determines appropriate; or
(2) convey the parcels to an appropriate public or private
entity for use for such purposes.
(c) Reversionary Interest.--If during the 5-year period
beginning on the date the Secretary makes the conveyance
authorized under subsection (a) the Secretary determines that
the conveyed real property is not being used for a purpose
specified in subsection (b), all right, title, and interest
in and to the property, including any improvements thereon,
shall revert to the United States and the United States shall
have the right of immediate entry onto the property. Any
determination of the Secretary under this subsection shall be
made on the record after an opportunity for a hearing.
(d) Interim Lease.--(1) Until such time as the real
property described in subsection (a) is conveyed by deed, the
Secretary may lease the property, together with improvements
thereon, to the County.
(2) As consideration for the lease under this subsection,
the County shall provide such security services and fire
protection services for the property covered by the lease,
and carry out such maintenance work with respect to the
property, as the Secretary shall specify in the lease.
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. The cost of the survey shall be borne by
the County.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a), and the lease, if
any, under subsection (d), as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2817. LAND CONVEYANCE, CHARLESTON FAMILY HOUSING
COMPLEX, BANGOR, MAINE.
(a) Conveyance Authorized.--The Secretary of the Air Force
may convey, without consideration, to the City of Bangor,
Maine (in this section referred to as the ``City''), all
right, title, and interest of the United States in and to a
parcel of real property consisting of approximately 19.8
acres, including improvements thereon, located in Bangor,
Maine, and known as the Charleston Family Housing Complex.
(b) Purpose of Conveyance.--The purpose of the conveyance
under subsection (a) is to facilitate the reuse of the real
property, currently unoccupied, which the City proposes to
use to provide housing opportunities for first-time home
buyers.
(c) Condition of Conveyance.--The conveyance authorized by
subsection (a) shall be subject to the condition that the
City, if the City sells any portion of the property conveyed
under subsection (a) before the end of the 10-year period
beginning on the date of enactment of this Act, pay to the
United States an amount equal to the lesser of--
(1) the amount of sale of the property sold; or
(2) the fair market value of the property sold as
determined without taking into account any improvements to
such property by the City.
(d) Description of Property.--The exact acreage and legal
description of the real property conveyed under subsection
(a) shall be determined by a survey satisfactory to the
Secretary. The cost of the survey shall be borne by the City.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2818. LAND CONVEYANCE, ELLSWORTH AIR FORCE BASE, SOUTH
DAKOTA.
(a) Conveyance Authorized.--The Secretary of the Air Force
may convey, without consideration, to the Greater Box Elder
Area Economic Development Corporation, Box Elder, South
Dakota (in this section referred to as the ``Corporation''),
all right, title, and
[[Page S5861]]
interest of the United States in and to the parcels of real
property located at Ellsworth Air Force Base, South Dakota,
referred to in subsection (b).
(b) Covered Property.--(1) Subject to paragraph (2), the
real property referred to in subsection (a) is the following:
(A) A parcel of real property, together with any
improvements thereon, consisting of approximately 53.32 acres
and comprising the Skyway Military Family Housing Area.
(B) A parcel of real property, together with any
improvements thereon, consisting of approximately 137.56
acres and comprising the Renal Heights Military Family
Housing Area.
(C) A parcel of real property, together with any
improvements thereon, consisting of approximately 14.92 acres
and comprising the East Nike Military Family Housing Area.
(D) A parcel of real property, together with any
improvements thereon, consisting of approximately 14.69 acres
and comprising the South Nike Military Family Housing Area.
(E) A parcel of real property, together with any
improvements thereon, consisting of approximately 14.85 acres
and comprising the West Nike Military Family Housing Area.
(2) The real property referred to in subsection (a) does
not include the portion of the real property referred to in
paragraph (1)(B) that the Secretary determines to be required
for the construction of an access road between the main gate
of Ellsworth Air Force Base and an interchange on Interstate
Route 90 located in the vicinity of mile marker 67 in South
Dakota.
(c) Conditions of Conveyance.--The conveyance of the real
property referred to in subsection (b) shall be subject to
the following conditions:
(1) That the Corporation, and any person or entity to which
the Corporation transfers the property, comply in the use of
the property with the applicable provisions of the Ellsworth
Air Force Base Air Installation Compatible Use Zone Study.
(2) That the Corporation convey a portion of the real
property referred to in paragraph (1)(A) of that subsection,
together with any improvements thereon, consisting of
approximately 20 acres to the Douglas School District, South
Dakota, for use for education purposes.
(d) Reversionary Interest.--If the Secretary determines
that any portion of the real property conveyed under
subsection (a) is not being utilized in accordance with the
applicable provision of subsection (c), all right, title, and
interest in and to that portion of the real property shall
revert to the United States, and the United States shall have
the right of immediate entry thereon.
(e) Legal Description.--The exact acreage and legal
description of the property conveyed under subsection (a)
shall be determined by a survey satisfactory to the
Secretary. The cost of the survey shall be borne by the
Corporation.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
Subtitle C--Other Matters
SEC. 2831. DISPOSITION OF PROCEEDS OF SALE OF AIR FORCE PLANT
NO. 78, BRIGHAM CITY, UTAH.
Notwithstanding the provisions of section 204(h)(2)(A) of
the Federal Property and Administrative Services Act of 1949
(40 U.S.C. 485(h)(2)(A)), the entire amount deposited by the
Administrator of General Services in the account in the
Treasury under section 204 of that Act as a result of the
sale of Air Force Plant No. 78, Brigham City, Utah, shall be
available to the Secretary of the Air Force for maintenance
and repair of facilities, or environmental restoration, at
other industrial plants of the Air Force.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
SEC. 3101. WEAPONS ACTIVITIES.
(a) Stockpile Stewardship.--Funds are hereby authorized to
be appropriated to the Department of Energy for fiscal year
1998 for stockpile stewardship in carrying out weapons
activities necessary for national security programs in the
amount of $1,726,900,000, to be allocated as follows:
(1) For core stockpile stewardship, $1,243,100,000, to be
allocated as follows:
(A) For operation and maintenance, $1,144,290,000.
(B) For the accelerated strategic computing initiative,
$190,800,000.
(C) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$98,810,000, to be allocated as follows:
Project 97-D-102, Dual-Axis Radiographic Hydrodynamic
facility, Los Alamos National Laboratory, Los Alamos, New
Mexico, $46,300,000.
Project 96-D-102, stockpile stewardship facilities
revitalization, Phase VI, various locations, $19,810,000.
Project 96-D-103, ATLAS, Los Alamos National Laboratory,
Los Alamos, New Mexico, $13,400,000.
Project 96-D-105, Contained Firing Facility addition,
Lawrence Livermore National Laboratory, Livermore,
California, $19,300,000.
(2) For inertial confinement fusion, $414,800,000, to be
allocated as follows:
(A) For operation and maintenance, $217,000,000.
(B) For the following plant project (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and land acquisition related
thereto):
Project 96-D-111, National Ignition Facility, Lawrence
Livermore National Laboratory, Livermore, California,
$197,800,000.
(3) For technology transfer and education, $69,000,000.
(b) Stockpile Management.--Funds are hereby authorized to
be appropriated to the Department of Energy for fiscal year
1998 for stockpile management in carrying out weapons
activities necessary for national security programs in the
amount of $2,033,050,000, to be allocated as follows:
(1) For operation and maintenance, $1,861,465,000.
(2) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$171,585,000, to be allocated as follows:
Project 98-D-123, stockpile management restructuring
initiative, tritium facility modernization and consolidation,
Savannah River Site, Aiken, South Carolina, $11,000,000.
Project 98-D-124, stockpile management restructuring
initiative, Y-12 consolidation, Oak Ridge, Tennessee,
$6,450,000.
Project 98-D-125, Tritium Extraction Facility, Savannah
River Site, Aiken, South Carolina, $9,650,000.
Project 98-D-126, accelerator production of tritium,
various locations, $67,865,000.
Project 97-D-122, nuclear materials storage facility
renovation, Los Alamos National Laboratory, Los Alamos, New
Mexico, $9,200,000.
Project 97-D-124, steam plant wastewater treatment facility
upgrade, Y-12 Plant, Oak Ridge, Tennessee, $1,900,000.
Project 96-D-122, sewage treatment quality upgrade, Pantex
Plant, Amarillo, Texas, $6,900,000.
Project 96-D-123, retrofit heating, ventilation, and air
conditioning and chillers for ozone protection, Y-12 Plant,
Oak Ridge, Tennessee, $2,700,000.
Project 95-D-102, Chemical and Metallurgy Research Building
upgrades project, Los Alamos National Laboratory, Los Alamos,
New Mexico, $15,700,000.
Project 95-D-122, sanitary sewer upgrade, Y-12 Plant, Oak
Ridge, Tennessee, $12,600,000.
Project 94-D-124, hydrogen fluoride supply system, Y-12
Plant, Oak Ridge, Tennessee, $1,400,000.
Project 94-D-125, upgrade life safety, Kansas City Plant,
Kansas City, Missouri, $2,000,000.
Project 93-D-122, life safety upgrades, Y-12 Plant, Oak
Ridge, Tennessee, $2,100,000.
Project 92-D-126, replace emergency notification systems,
various locations, $3,200,000.
Project 88-D-122, facilities capability assurance program,
various locations, $18,920,000.
(c) Program Direction.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1998
for program direction in carrying out weapons activities
necessary for national security programs in the amount of
$268,500,000.
SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT.
(a) Environmental Restoration.--Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal
year 1998 for environmental restoration in carrying out
environmental restoration and waste management activities
necessary for national security programs in the amount of
$1,748,073,000.
(b) Waste Management.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1998
for waste management in carrying out environmental
restoration and waste management activities necessary for
national security programs in the amount of $1,559,644,000,
to be allocated as follows:
(1) For operation and maintenance, $1,478,876,000.
(2) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$80,768,000, to be allocated as follows:
Project 98-D-401, H-tank farm storm water systems upgrade,
Savannah River Site, Aiken, South Carolina, $1,000,000.
Project 97-D-402, tank farm restoration and safe
operations, Richland, Washington, $13,961,000.
Project 96-D-408, waste management upgrades, various
locations, $8,200,000.
Project 95-D-402, install permanent electrical service,
Waste Isolation Pilot Plant, Carlsbad, New Mexico, $176,000.
Project 95-D-405, industrial landfill V and construction/
demolition landfill VII, Y-12 Plant, Oak Ridge, Tennessee,
$3,800,000.
Project 95-D-407, 219-S secondary containment upgrade,
Richland, Washington, $2,500,000.
Project 94-D-404, Melton Valley storage tank capacity
increase, Oak Ridge National Laboratory, Oak Ridge,
Tennessee, $1,219,000.
Project 94-D-407, initial tank retrieval systems, Richland,
Washington, $15,100,000.
[[Page S5862]]
Project 93-D-187, high-level waste removal from filled
waste tanks, Savannah River Site, Aiken, South Carolina,
$17,520,000.
Project 92-D-172, hazardous waste treatment and processing
facility, Pantex Plant, Amarillo, Texas, $5,000,000.
Project 89-D-174, replacement high-level waste evaporator,
Savannah River Site, Aiken, South Carolina, $1,042,000.
Project 86-D-103, decontamination and waste treatment
facility, Lawrence Livermore National Laboratory, Livermore,
California, $11,250,000.
(c) Technology Development.--Funds are hereby authorized to
be appropriated to the Department of Energy for fiscal year
1998 for technology development in carrying out environmental
restoration and waste management activities necessary for
national security programs in the amount of $252,881,000.
(d) Nuclear Material and Facility Stabilization.--Funds are
hereby authorized to be appropriated to the Department of
Energy for fiscal year 1998 for nuclear material and facility
stabilization in carrying out environmental restoration and
waste management activities necessary for national security
programs in the amount of $1,265,481,000, to be allocated as
follows:
(1) For operation and maintenance, $1,181,114,000.
(2) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$84,367,000, to be allocated as follows:
Project 98-D-453, plutonium stabilization and handling
system for plutonium finishing plant, Richland, Washington,
$8,136,000.
Project 98-D-700, road rehabilitation, Idaho National
Engineering and Environmental Laboratory, Idaho, $500,000.
Project 97-D-450, actinide packaging and storage facility,
Savannah River Site, Aiken, South Carolina, $18,000,000.
Project 97-D-451, B-Plant safety class ventilation
upgrades, Richland, Washington, $2,000,000.
Project 97-D-470, environmental monitoring laboratory,
Savannah River Site, Aiken, South Carolina, $5,600,000.
Project 97-D-473, health physics site support facility,
Savannah River Site, Aiken, South Carolina, $4,200,000.
Project 96-D-406, spent nuclear fuels canister storage and
stabilization facility, Richland, Washington, $16,744,000.
Project 96-D-461, electrical distribution upgrade, Idaho
National Engineering and Environmental Laboratory, Idaho,
$2,927,000.
Project 96-D-464, electrical and utility systems upgrade,
Idaho Chemical Processing Plant, Idaho National Engineering
and Environmental Laboratory, Idaho, $14,985,000.
Project 96-D-471, chlorofluorocarbon heating, ventilation,
and air conditioning and chiller retrofit, Savannah River
Site, Aiken, South Carolina, $8,500,000.
Project 95-D-155, upgrade site road infrastructure,
Savannah River Site, Aiken, South Carolina, $2,173,000.
Project 95-D-456, security facilities consolidation, Idaho
Chemical Processing Plant, Idaho National Engineering and
Environmental Laboratory, Idaho, $602,000.
(e) Policy and Management.--Funds are hereby authorized to
be appropriated to the Department of Energy for fiscal year
1998 for policy and management in carrying out environmental
restoration and waste management activities necessary for
national security programs in the amount of $18,104,000.
(f) Environmental Management Science Program.--Funds are
hereby authorized to be appropriated to the Department of
Energy for fiscal year 1998 for environmental science and
risk policy in carrying out environmental restoration and
waste management activities necessary for national security
programs in the amount of $40,000,000.
(g) Program Direction.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1998
for program direction in carrying out environmental
restoration and waste management activities necessary for
national security programs in the amount of $373,251,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1998 for other defense
activities in carrying out programs necessary for national
security in the amount of $1,582,981,000, to be allocated as
follows:
(1) For verification and control technology, $458,200,000,
to be allocated as follows:
(A) For nonproliferation and verification research and
development, $210,000,000.
(B) For arms control, $214,600,000.
(C) For intelligence, $33,600,000.
(2) For nuclear safeguards and security, $47,200,000.
(3) For security investigations, $20,000,000.
(4) For emergency management, $27,700,000.
(5) For program direction, nonproliferation, and national
security, $84,900,000.
(6) For environment, safety and health, defense,
$54,000,000.
(7) For worker and community transition assistance:
(A) For assistance, $65,800,000.
(B) For program direction, $4,700,000.
(8) For fissile materials disposition:
(A) For operation and maintenance, $99,451,000.
(B) For program direction, $4,345,000.
(9) For naval reactors development, $683,000,000, to be
allocated as follows:
(A) For program direction, $20,080,000.
(B) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$14,000,000, to be allocated as follows:
Project 98-D-200, site laboratory/facility upgrade, various
locations, $5,700,000.
Project 97-D-201, advanced test reactor secondary coolant
system refurbishment, Idaho National Engineering and
Environmental Laboratory, Idaho, $4,100,000.
Project 95-D-200, laboratory systems and hot cell upgrades,
various locations, $1,100,000.
Project 90-N-102, expended core facility dry cell project,
Naval Reactors Facility, Idaho, $3,100,000.
(10) For the Chernobyl shutdown initiative, $2,000,000.
(11) For nuclear technology research and development,
$25,000,000.
(12) For nuclear security, $4,000,000.
(13) For the Office of Hearings and Appeals, $2,685,000.
SEC. 3104. DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1998 to carry out
environmental management privatization projects in connection
with national security programs in the amount of
$215,000,000, to be allocated as follows:
Project 98-PVT-1, contact handled transuranic waste
transportation, Carlsbad, New Mexico, $29,000,000.
Project 98-PVT-4, spent nuclear fuel dry storage, Idaho
Falls, Idaho, $27,000,000.
Project 98-PVT-7, waste pits remedial action, Fernald,
Ohio, $25,000,000.
Project 98-PVT-11, spent nuclear fuel transfer and storage,
Savannah River, South Carolina, $25,000,000.
Project 97-PVT-1, tank waste remediation system phase 1,
Hanford, Washington, $109,000,000.
SEC. 3105. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1998 for payment to the
Nuclear Waste Fund established in section 302(c) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the
amount of $190,000,000.
Subtitle B--Recurring General Provisions
SEC. 3121. REPROGRAMMING.
(a) In General.--Until the Secretary of Energy submits to
the congressional defense committees the report referred to
in subsection (b) and a period of 30 days has elapsed after
the date on which such committees receive the report, the
Secretary may not use amounts appropriated pursuant to this
title for any program--
(1) in amounts that exceed, in a fiscal year--
(A) 110 percent of the amount authorized for that program
by this title; or
(B) $1,000,000 more than the amount authorized for that
program by this title; or
(2) which has not been presented to, or requested of,
Congress.
(b) Report.--(1) The report referred to in subsection (a)
is a report containing a full and complete statement of the
action proposed to be taken and the facts and circumstances
relied upon in support of such proposed action.
(2) In the computation of the 30-day period under
subsection (a), there shall be excluded any day on which
either House of Congress is not in session because of an
adjournment of more than 3 days to a day certain.
(c) Limitations.--(1) In no event may the total amount of
funds obligated pursuant to this title exceed the total
amount authorized to be appropriated by this title.
(2) Funds appropriated pursuant to this title may not be
used for an item for which Congress has specifically denied
funds.
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.
(a) In General.--The Secretary of Energy may carry out any
construction project under the general plant projects
authorized by this title if the total estimated cost of the
construction project does not exceed $2,000,000.
(b) Report to Congress.--If, at any time during the
construction of any general plant project authorized by this
title, the estimated cost of the project is revised because
of unforeseen cost variations and the revised cost of the
project exceeds $2,000,000, the Secretary shall immediately
furnish a complete report to the congressional defense
committees explaining the reasons for the cost variation.
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.
(a) In General.--(1) Except as provided in paragraph (2),
construction on a construction project may not be started or
additional obligations incurred in connection with the
project above the total estimated cost, whenever the current
estimated cost of the construction project, which is
authorized by sections 3101, 3102, or 3103, or which is in
support of national security programs of the Department of
Energy and was authorized by any previous Act, exceeds by
more than 25 percent the higher of--
(A) the amount authorized for the project; or
(B) the amount of the total estimated cost for the project
as shown in the most recent budget justification data
submitted to Congress.
(2) An action described in paragraph (1) may be taken if--
(A) the Secretary of Energy has submitted to the
congressional defense committees a
[[Page S5863]]
report on the actions and the circumstances making such
action necessary; and
(B) a period of 30 days has elapsed after the date on which
the report is received by the committees.
(3) In the computation of the 30-day period under paragraph
(2), there shall be excluded any day on which either House of
Congress is not in session because of an adjournment of more
than 3 days to a day certain.
(b) Exception.--Subsection (a) shall not apply to any
construction project which has a current estimated cost of
less than $5,000,000.
SEC. 3124. FUND TRANSFER AUTHORITY.
(a) Transfer to Other Federal Agencies.--The Secretary of
Energy may transfer funds authorized to be appropriated to
the Department of Energy pursuant to this title to other
Federal agencies for the performance of work for which the
funds were authorized. Funds so transferred may be merged
with and be available for the same purposes and for the same
time period as the authorizations of the Federal agency to
which the amounts are transferred.
(b) Transfer Within Department of Energy; Limitations.--(1)
Subject to paragraph (2), the Secretary of Energy may
transfer funds authorized to be appropriated to the
Department of Energy pursuant to this title between any such
authorizations. Amounts of authorizations so transferred may
be merged with and be available for the same purposes and for
the same time period as the authorization to which the
amounts are transferred.
(2) Not more than five percent of any such authorization
may be transferred between authorizations under paragraph
(1). No such authorization may be increased or decreased by
more than five percent by a transfer under such paragraph.
(3) The authority provided by this subsection to transfer
authorizations may only be used to provide funds for items
relating to activities necessary for national security
programs that have a higher priority than the items from
which the funds are transferred.
(c) Notice to Congress.--The Secretary of Energy shall
promptly notify the Committee on Armed Services of the Senate
and the Committee on National Security of the House of
Representatives of any transfer of funds to or from
authorizations under this title.
SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION DESIGN.
(a) Requirement of Conceptual Design.--(1) Subject to
paragraph (2) and except as provided in paragraph (3), before
submitting to Congress a request for funds for a construction
project that is in support of a national security program of
the Department of Energy, the Secretary of Energy shall
complete a conceptual design report for that project.
(2) If the estimated cost of completing a conceptual design
for a construction project exceeds $3,000,000, the Secretary
shall submit to Congress a request for funds for the
conceptual design before submitting a request for funds for
the construction project.
(3) The requirement in paragraph (1) does not apply to a
request for funds--
(A) for a construction project the total estimated cost of
which is less than $2,000,000; or
(B) for emergency planning, design, and construction
activities under section 3126.
(b) Authority for Construction Design.--(1) Within the
amounts authorized by the title, the Secretary of Energy may
carry out construction design (including architectural and
engineering services) in connection with any proposed
construction project if the total estimated cost for such
design does not exceed $600,000.
(2) If the total estimated cost for construction design in
connection with any construction project exceeds $600,000,
funds for such design must be specifically authorized by law.
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND
CONSTRUCTION ACTIVITIES.
(a) Authority.--The Secretary of Energy may use any funds
available to the Department of Energy, pursuant to an
authorization in this title, including those funds authorized
to be appropriated for advance planning and construction
design under sections 3101, 3102, or 3103, to perform
planning, design, and construction activities for any
Department of Energy national security program construction
project that, as determined by the Secretary, must proceed
expeditiously in order to protect public health and safety,
to meet the needs of national defense, or to protect
property.
(b) Limitation.--The Secretary may not exercise the
authority under subsection (a) in the case of any
construction project until the Secretary has submitted to the
congressional defense committees a report on the activities
that the Secretary intends to carry out under this section
and the circumstances making such activities necessary.
(c) Specific Authority.--The requirement of section
3125(b)(2) does not apply to emergency planning, design, and
construction activities conducted under this section.
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS
OF THE DEPARTMENT OF ENERGY.
Subject to the provisions of appropriation Acts and section
3121, amounts appropriated pursuant to this title for
management and support activities and for general plant
projects are available for use, when necessary, in connection
with all national security programs of the Department of
Energy.
SEC. 3128. AVAILABILITY OF FUNDS.
When so specified in an appropriation Act, amounts
appropriated for operation and maintenance or for plant
projects may remain available until expended.
Subtitle C--Program Authorizations, Restrictions, and Limitations
SEC. 3131. DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION
PROJECTS.
(a) Limitation on Contracts.--Funds authorized to be
appropriated by section 3104 for a project referred to in
that section are available for a contract under the project
only if the contract--
(1) is awarded on a competitive basis;
(2) requires the contractor to construct or acquire any
equipment or facilities required to carry out the contract
before the commencement of the provision of goods or services
under the contract;
(3) requires the contractor to bear any of the costs of the
design, construction, acquisition, and operation of such
equipment or facilities that arise before the commencement of
the provision of goods or services under the contract; and
(4) provides for payment to the contractor under the
contract only upon the meeting of performance objectives
specified in the contract.
(b) Notice and Wait.--The Secretary of Energy may not enter
into a contract or option to enter into a contract, or
otherwise incur any contractual obligation, under a project
authorized by section 3104 until 30 days after the date which
the Secretary submits to the congressional defense committees
a report with respect to the contract. The report shall set
forth--
(1) the anticipated costs and fees of the Department under
the contract, including the anticipated maximum amount of
such costs and fees;
(2) any performance objectives specified in the contract;
(3) the anticipated dates of commencement and completion of
the provision of goods or services under the contract;
(4) the allocation between the Department and the
contractor of any financial, regulatory, or environmental
obligations under the contract;
(5) any activities planned or anticipated to be required
with respect to the project after completion of the contract;
(6) the site services or other support to be provided the
contractor by the Department under the contract;
(7) the goods or services to be provided by the Department
or contractor under the contract, including any additional
obligations to be borne by the Department or contractor with
respect to such goods or services;
(8) the schedule for the contract;
(9) the costs the Department would otherwise have incurred
in obtaining the goods or services covered by the contract if
the Department had not proposed to obtain the goods or
services under this section;
(10) an estimate and justification of the cost savings, if
any, to be realized through the contract, including the
assumptions underlying the estimate;
(11) the effect of the contract on any ancillary schedules
applicable to the facility concerned, including milestones in
site compliance agreements; and
(12) the plans for maintaining financial and programmatic
accountability for activities under the contract.
(c) Cost Variations.--(1) The Secretary may not enter into
a contract under a project referred to in paragraph (2), or
incur additional obligations attributable to the capital
portion of the cost of such a contract, whenever the current
estimated cost of the project exceeds the amount of the
estimated cost of the project as shown in the most recent
budget justification data submitted to Congress.
(2) Paragraph (1) applies to an environmental management
privatization project that is--
(A) authorized by section 3104; or
(B) carried out under section 3103 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201;
110 Stat. 2824).
(d) Use of Funds for Termination of Contract.--Not less
than 15 days before the Secretary obligates funds available
for a project authorized by section 3104 to terminate the
contract or contracts under the project, the Secretary shall
notify the congressional defense committees of the
Secretary's intent to obligate the funds for that purpose.
(e) Annual Report on Contracts.--Not later than February 28
of each year, the Secretary shall submit to the congressional
defense committees a report on the activities, if any,
carried out under each contract under a project authorized by
section 3104 during the preceding year. The report shall
include an update with respect to each such contract of the
matters specified under subsection (b)(1) as of the date of
the report.
(f) Report on Contracting Without Sufficient
Appropriations.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report assessing whether,
and under what circumstances, the Secretary could enter into
contracts under defense environmental management
privatization projects in the absence of sufficient
appropriations to meet obligations under such contracts
without thereby violating the provisions of section 1341 of
title 31, United States Code.
[[Page S5864]]
SEC. 3132. INTERNATIONAL COOPERATIVE STOCKPILE STEWARDSHIP
PROGRAMS.
(a) Funding Prohibition.--No funds authorized to be
appropriated or otherwise available to the Department of
Energy for fiscal year 1998 may be obligated or expended to
conduct any activities associated with international
cooperative stockpile stewardship.
(b) Exceptions.--Subsection (a) does not apply to the
following:
(1) Activities conducted between the United States and the
United Kingdom.
(2) Activities conducted between the United States and
France.
(3) Activities carried out under title III of this Act
relating to cooperative threat reduction with states of the
former Soviet Union.
SEC. 3133. MODERNIZATION OF ENDURING NUCLEAR WEAPONS COMPLEX.
(a) Funding.--Subject to subsection (b), of the funds
authorized to be appropriated to the Department of Energy
pursuant to section 3101, $15,000,000 shall be available for
carrying out the program described in section 3137(a) of the
National Defense Authorization Act for Fiscal Year 1996 (42
U.S.C. 2121 note).
(b) Limitation on Availability.--None of the funds
available under subsection (a) for carrying out the program
referred to in that subsection may be obligated or expended
until 30 days after the date of the receipt by Congress of
the report required under subsection (c).
(c) Report on Allocation of Funds.--Not later than 30 days
after the date of enactment of this Act, the Secretary of
Energy shall submit to the congressional defense committees a
report setting forth the proposed allocation among specific
Department of Energy sites of the funds available under
subsection (a).
SEC. 3134. TRITIUM PRODUCTION.
(a) Funding.--Subject to subsection (c), of the funds
authorized to be appropriated to the Department of Energy
pursuant to section 3101, $262,000,000 shall be available for
activities related to tritium production.
(b) Acceleration of Tritium Production.--(1) Not later than
June 30, 1998, the Secretary of Energy shall make a final
decision on the technologies to be utilized, and the
accelerated schedule to be adopted, for tritium production in
order to meet the requirements in the Nuclear Weapons
Stockpile Memorandum relating to tritium production,
including the tritium production date of 2005 specified in
the Nuclear Weapons Stockpile Memorandum.
(2) In making the final decision, the Secretary shall take
into account the following:
(A) The requirements for tritium production specified in
the Nuclear Weapons Stockpile Memorandum, including, in
particular, the requirements for the so-called ``upload
hedge'' component of the nuclear weapons stockpile.
(B) The ongoing activities of the Department of Energy
relating to the evaluation and demonstration of technologies
under the accelerator program and the commercial light water
reactor program.
(C) The potential liabilities and benefits of each
potential technology for tritium production, including--
(i) regulatory and other barriers that might prevent the
production of tritium using the technology by the production
date referred to in subsection (a);
(ii) potential difficulties, if any, in licensing the
technology;
(iii) the variability, if any, in tritium production rates
using the technology; and
(iv) any other benefits (including scientific or research
benefits or the generation of revenue) associated with the
technology.
(c) Report.--If the Secretary determines that it is not
possible to make the final decision by the date specified in
subsection (b), the Secretary shall submit to the
congressional defense committees on that date a report that
explains in detail why the final decision cannot be made by
that date.
(d) Limitation on Availability of Funds.--The Secretary may
not obligate or expend any funds authorized to be
appropriated or otherwise made available for the Department
of Energy by this Act for the purpose of evaluating or
utilizing any technology for the production of tritium other
than a commercial light water reactor or an accelerator until
the later of--
(1) July 30, 1998; or
(2) the date that is 30 days after the date on which the
Secretary makes a final decision under subsection (b).
SEC. 3135. PROCESSING, TREATMENT, AND DISPOSITION OF SPENT
NUCLEAR FUEL RODS AND OTHER LEGACY NUCLEAR
MATERIALS AT THE SAVANNAH RIVER SITE.
(a) Funding.--Of the funds authorized to be appropriated
pursuant to section 3102(d), not more than $47,000,000 shall
be available for the implementation of a program to
accelerate the receipt, processing (including the H-canyon
restart operations), reprocessing, separation, reduction,
deactivation, stabilization, isolation, and interim storage
of high level nuclear waste associated with Department of
Energy spent fuel rods, foreign spent fuel rods, and other
nuclear materials that are located at the Savannah River
Site.
(b) Requirement for Continuing Operations at Savannah River
Site.--The Secretary of Energy shall continue operations and
maintain a high state of readiness at the F-canyon and H-
canyon facilities at the Savannah River Site and shall
provide technical staff necessary to operate and maintain
such facilities at that state of readiness.
SEC. 3136. LIMITATIONS ON USE OF FUNDS FOR LABORATORY
DIRECTED RESEARCH AND DEVELOPMENT PURPOSES.
(a) General Limitations.--(1) No funds authorized to be
appropriated or otherwise made available to the Department of
Energy in any fiscal year after fiscal year 1997 for weapons
activities may be obligated or expended for activities under
the Department of Energy Laboratory Directed Research and
Development Program, or under any Department of Energy
technology transfer program or cooperative research and
development agreement, unless such activities under such
program or agreement support the national security mission of
the Department of Energy.
(2) No funds authorized to be appropriated or otherwise
made available to the Department of Energy in any fiscal year
after fiscal year 1997 for environmental restoration, waste
management, or nuclear materials and facilities stabilization
may be obligated or expended for activities under the
Department of Energy Laboratory Directed Research and
Development Program, or under any Department of Energy
technology transfer program or cooperative research and
development agreement, unless such activities support the
environmental restoration mission, waste management mission,
or materials stabilization mission, as the case may be, of
the Department of Energy.
(b) Limitation in Fiscal Year 1998 Pending Submittal of
Annual Report.--Not more than 30 percent of the funds
authorized to be appropriated or otherwise made available to
the Department of Energy in fiscal year 1998 for laboratory
directed research and development may be obligated or
expended for such research and development until the
Secretary of Energy submits to the congressional defense
committees the report required by section 3136(b) of the
National Defense Authorization Act for Fiscal Year 1997
(Public Law 104-201; 110 Stat. 2831; 42 U.S.C. 7257b) in
1998.
(c) Submittal Date for Annual Report on Laboratory Directed
Research and Development Program.--Section 3136(b)(1) of the
National Defense Authorization Act for Fiscal Year 1997 (42
U.S.C. 7257b(1)) is amended by striking out ``The Secretary
of Energy shall annually submit'' and inserting in lieu
thereof ``Not later than February 1 each year, the Secretary
of Energy shall submit''.
(d) Assessment of Funding Level for Laboratory Directed
Research and Development.--The Secretary shall include in the
report submitted under such section 3136(b)(1) in 1998 an
assessment of the funding required to carry out laboratory
directed research and development, including a recommendation
for the percentage of the funds provided to Government-owned,
contractor-operated laboratories for national security
activities that should be made available for such research
and development under section 3132(c) of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101-510;
104 Stat. 1832; 42 U.S.C. 7257a(c)).
(e) Definition.--In this section, the term ``laboratory
directed research and development'' has the meaning given
that term in section 3132(d) of the National Defense
Authorization Act for Fiscal Year 1991 (42 U.S.C. 7257a(d)).
SEC. 3137. PERMANENT AUTHORITY FOR TRANSFERS OF DEFENSE
ENVIRONMENTAL MANAGEMENT FUNDS.
(a) Permanent Authority.--Section 3139 of the National
Defense Authorization Act for Fiscal Year 1997 (Public Law
104-201; 110 Stat. 2832) is amended--
(1) by striking out subsection (g); and
(2) by redesignating subsection (h) as subsection (g).
(b) Exemption from Reprogramming Requirements.--Subsection
(c) of that section is amended by striking out ``The
requirements of section 3121'' and inserting in lieu thereof
``No recurring limitation on reprogramming of Department of
Energy funds contained in an annual authorization Act for
national defense''.
(c) Definitions.--Subsection (f)(1) of that section is
amended by striking out ``any of the following:'' and all
that follows and inserting in lieu thereof ``any program or
project of the Department of Energy relating to environmental
restoration and waste management activities necessary for
national security programs of the Department.''.
(d) Report.--Subsection (g) of that section, as
redesignated by subsection (a)(2), is amended--
(1) by striking out ``September 1, 1997,'' and inserting in
lieu thereof ``November 1 each year'';
(2) by inserting ``during the preceding fiscal year'' after
``in subsection (b)''; and
(3) by striking out the second sentence.
(e) Conforming Amendment.--The section heading of that
section is amended by striking out ``TEMPORARY AUTHORITY
RELATING TO'' and inserting in lieu thereof ``AUTHORITY
FOR''.
SEC. 3138. PROHIBITION ON RECOVERY OF CERTAIN ADDITIONAL
COSTS FOR ENVIRONMENTAL RESPONSE ACTIONS
ASSOCIATED WITH THE FORMERLY UTILIZED SITE
REMEDIAL ACTION PROJECT PROGRAM.
(a) Prohibition.--The Department of Energy may not recover
from a party described in subsection (b) any costs of
response actions, for an actual or threatened release of
hazardous substances that occurred before the date of
enactment of this Act, at a site included in the Formerly
Utilized Site Remedial Action Project program other than
[[Page S5865]]
the costs stipulated in a written, legally binding agreement
with the party with respect to the site as referred to in
that subsection.
(b) Covered Parties.--A party referred to in subsection (a)
is any party that has entered into a written, legally binding
agreement with the Department before August 28, 1996, which
agreement stipulates a formula for the sharing by the party
and the Department of the costs of response actions at a site
referred to in that subsection.
Subtitle D--Other Matters
SEC. 3151. ADMINISTRATION OF CERTAIN DEPARTMENT OF ENERGY
ACTIVITIES.
(a) Procedures for Prescribing Regulations.--Section 501 of
the Department of Energy Organization Act (42 U.S.C. 7191) is
amended--
(1) by striking out subsections (b) and (d);
(2) by redesignating subsections (c), (e), (f), and (g) as
subsections (b), (c), (d), and (e), respectively; and
(3) in subsection (c), as so redesignated, by striking out
``subsections (b), (c), and (d)'' and inserting in lieu
thereof ``subsection (b)''.
(b) Advisory Committees.--(1) Section 624 of the Department
of Energy Organization Act (42 U.S.C. 7234) is amended--
(A) by striking out ``(a)''; and
(B) by striking out subsection (b).
(2) Section 17 of the Federal Energy Administration Act of
1974 (15 U.S.C. 776) is repealed.
SEC. 3152. MODIFICATION AND EXTENSION OF AUTHORITY RELATING
TO APPOINTMENT OF CERTAIN SCIENTIFIC,
ENGINEERING, AND TECHNICAL PERSONNEL.
(a) Repeal of Requirement for EPA Study.--Section 3161 of
the National Defense Authorization Act for Fiscal Year 1995
(Public Law 103-337; 108 Stat. 3095; 42 U.S.C. 7231 note) is
amended--
(1) by striking out subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
(b) Extension of Authority.--Paragraph (1) of subsection
(c) of such section, as so redesignated, is amended by
striking out ``September 30, 1997'' and inserting in lieu
thereof ``September 30, 1999''.
SEC. 3153. ANNUAL REPORT ON PLAN AND PROGRAM FOR STEWARDSHIP,
MANAGEMENT, AND CERTIFICATION OF WARHEADS IN
THE NUCLEAR WEAPONS STOCKPILE.
(a) In General.--(1) Not later than March 15, 1998, the
Secretary of Energy shall submit to the congressional defense
committees a plan and program for maintaining the warheads in
the nuclear weapons stockpile (including stockpile
stewardship, stockpile management, and program direction).
(2) Not later than March 15 of each year after 1998, the
Secretary shall submit to the congressional defense
committees an update of the plan and program submitted under
paragraph (1) current as of the date of submittal of the
updated plan and program.
(3) The plan and program, and each update of the plan and
program, shall be consistent with the programmatic and
technical requirements of the Nuclear Weapons Stockpile
Memorandum current as of the date of submittal of the plan
and program or update.
(b) Elements.--The plan and program, and each update of the
plan and program, shall set forth the following:
(1) The numbers of warheads (including active and inactive
warheads) for each type of warhead in the nuclear stockpile.
(2) The current age of each warhead type and any plans for
stockpile life extensions and modifications or replacement of
each warhead type.
(3) The process by which the Secretary is assessing the
lifetime and requirements for life extension or replacement
of the nuclear and non-nuclear components of the warheads
(including active and inactive warheads) in the nuclear
stockpile.
(4) The process used in recertifying the safety,
reliability, and performance of each warhead type (including
active and inactive warheads) in the nuclear weapons
stockpile.
(5) Any concerns which would affect the recertification of
the safety, security, or reliability of warheads (including
active and inactive warheads) in the nuclear stockpile.
(c) Form.--The Secretary shall submit the plan and program,
and each update of the plan and program, in unclassified
form, but may include a classified annex.
SEC. 3154. SUBMITTAL OF BIENNIAL WASTE MANAGEMENT REPORTS.
Section 3153(b)(2)(B) of the National Defense Authorization
Act for Fiscal Year 1994 (42 U.S.C. 7274k(b)(2)(B)) is
amended by striking out ``odd-numbered year after 1995'' and
inserting in lieu thereof ``odd-numbered year after 1997''.
SEC. 3155. REPEAL OF OBSOLETE REPORTING REQUIREMENTS.
(a) Annual Report on Activities of the Atomic Energy
Commission.--(1) Section 251 of the Atomic Energy Act of 1954
(42 U.S.C. 2016) is repealed.
(2) The table of sections at the beginning of that Act is
amended by striking out the item relating to section 251.
(b) Annual Report on Weapons Activities Budgets.--Section
3156 of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 110 Stat. 2841; 42 U.S.C.
7271c) is repealed.
(c) Annual Update of Master Plan for Nuclear Weapons
Stockpile.--Section 3153 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106;
110 Stat. 624; 42 U.S.C. 2121 note) is repealed.
(d) Annual Report on Weapons Activities Budgets.--Section
3159 of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104-106; 110 Stat. 626; 42 U.S.C. 7271b
note) is repealed.
(e) Annual Report on Stockpile Stewardship Program.--
Section 3138 of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1946; 42
U.S.C. 2121 note) is amended--
(1) by striking out subsections (d) and (e);
(2) by redesignating subsections (f), (g), and (h) as
subsections (d), (e), and (f), respectively; and
(3) in subsection (e), as so redesignated, by striking out
``and the 60-day period referred to in subsection
(e)(2)(A)(ii)''.
(f) Annual Report on Development of Tritium Production
Capacity.--Section 3134 of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2639)
is repealed.
(g) Annual Report on Research Relating to Defense Waste
Cleanup Technology Program.--Section 3141 of the National
Defense Authorization Act for Fiscal Years 1990 and 1991
(Public Law 101-189; 103 Stat. 1679; 42 U.S.C. 7274a) is
amended--
(1) by striking out subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
(h) Quarterly Report on Major DoE National Security
Programs.--Section 3143 of the National Defense Authorization
Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 103
Stat. 1681; 42 U.S.C. 7271a) is repealed.
(i) Annual Report on Nuclear Test Ban Readiness Program.--
Section 1436 of the National Defense Authorization Act,
Fiscal Year 1989 (Public Law 100-456; 102 Stat. 2075; 42
U.S.C. 2121 note) is amended by striking out subsection (e).
SEC. 3156. COMMISSION ON SAFEGUARDING AND SECURITY OF NUCLEAR
WEAPONS AND MATERIALS AT DEPARTMENT OF ENERGY
FACILITIES.
(a) Establishment.--There is hereby established a
commission to be known as the Commission on Safeguards and
Security at Department of Energy Facilities (in this section
referred to as the ``Commission'').
(b) Organizational Matters.--(1)(A) The Commission shall be
composed of eight members appointed from among individuals in
the public and private sectors who have significant
experience in matters relating to the safeguarding and
security of nuclear weapons and materials, as follows:
(i) Two shall be appointed by the chairman of the Committee
on Armed Services of the Senate, in consultation with the
ranking member of the committee.
(ii) One shall be appointed by the ranking member of the
Committee on Armed Services of the Senate, in consultation
with the chairman of the committee.
(iii) Two shall be appointed by the chairman of the
Committee on National Security of the House of
Representatives, in consultation with the ranking member of
the committee.
(iv) One shall be appointed by the ranking member of the
Committee on National Security of the House of
Representatives, in consultation with the chairman of the
committee.
(v) Two shall be appointed by the Secretary of Energy.
(B) Members shall be appointed for the life of the
Commission. Any vacancy in the Commission shall not affect
its powers, but shall be filled in the same manner as the
original appointment.
(C) The chairman of the Commission shall be designated from
among the members of the Commission by the chairman of the
Committee on Armed Services of the Senate, in consultation
with the chairman of the Committee on National Security of
the House of Representatives, the ranking member of the
committee on Armed Services of the Senate, and the ranking
member of the Committee on National Security of the House of
Representatives.
(D) Members shall be appointed not later than 60 days after
the date of enactment of this Act.
(2) The members of the Commission shall establish
procedures for the activities of the Commission, including
procedures for calling meetings, requirements for quorums,
and the manner of taking votes.
(c) Duties.--(1) The Commission shall--
(A) visit various Department facilities, including the
Rocky Flats Plant, Colorado, Los Alamos National Laboratory,
New Mexico, the Savannah River Site, South Carolina, the
Pantex Plant, Texas, Oak Ridge National Laboratory,
Tennessee, and the Hanford Reservation, Washington, in order
to assess the adequacy of safeguards and security with
respect to nuclear weapons and materials at such facilities;
(B) evaluate the specific concerns with respect to the
safeguarding and security of nuclear weapons and materials
raised in the report of the Office of Safeguards and Security
of the Department of Energy entitled ``Status of Safeguards
and Security for 1996''; and
(C) review applicable orders and other requirements
governing the safeguarding and security of nuclear weapons
and materials at Department facilities.
(d) Report.--(1) Not later than February 15, 1998, the
Commission shall submit to the Secretary and to the
congressional defense committees a report on the review
conducted under subsection (c).
(2) The report may include--
(A) recommendations regarding any modifications of policy
or procedures applicable
[[Page S5866]]
to Department facilities that the Commission considers
appropriate to provide adequate safeguards and security for
nuclear weapons and materials at such facilities without
impairing the mission of such facilities;
(B) recommendations for modifications in funding priorities
necessary to ensure basic funding for the safeguarding and
security of such weapons and materials at such facilities;
and
(C) such other recommendations for additional legislation
or administrative action as the Commission considers
appropriate.
(e) Personnel Matters.--(1)(A) Each member of the
Commission who is not an officer or employee of the Federal
Government shall be compensated at a rate equal to the daily
equivalent of the annual rate of basic pay prescribed for
Level IV of the Executive Schedule under section 53115 of
title 5, United States Code, for each day (including travel
time) during which such member is engaged in the performance
of the duties of the Commission.
(B) All members of the Commission who are officers or
employees of the United States shall serve without
compensation in addition to that received for their services
as officers or employees of the United States.
(2) The members of the Commission shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from
their homes or regular places of business in the performance
of services for the Commission.
(3)(A) The Commission may, without regard to the civil
service laws and regulations, appoint and terminate such
personnel as may be necessary to enable the Commission to
perform its duties.
(B) The Commission may fix the compensation of the
personnel of the Commission without regard to the provisions
of chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification of positions
and General Schedule pay rates.
(4) Any Federal Government employee may be detailed to the
Commission without reimbursement, and such detail shall be
without interruption or loss of civil status or privilege.
(f) Applicability of FACA.--The provisions of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
activities of the Commission.
(g) Termination.--The Commission shall terminate 30 days
after the date on which the Commission submits its report
under subsection (d).
(h) Funding.--Of the amounts authorized to be appropriated
pursuant to section 3101, not more that $500,000 shall be
available for the activities of the Commission under this
section. Funds made available to the Commission under this
section shall remain available until expended.
SEC. 3157. MODIFICATION OF AUTHORITY ON COMMISSION ON
MAINTAINING UNITED STATES NUCLEAR WEAPONS
EXPERTISE.
(a) Commencement of Activities.--Subsection (b)(1) of
section 3162 of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2844; 42
U.S.C. 2121 note) is amended--
(1) in subparagraph (C), by adding at the end the following
new sentence: ``The chairman may be designated once five
members of the Commission have been appointed under
subparagraph (A).''; and
(2) by adding at the end the following:
``(E) The Commission may commence its activities under this
section upon the designation of the chairman of the
Commission under subparagraph (C).''.
(b) Deadline for Report.--Subsection (d) of that section is
amended by striking out ``March 15, 1998,'' and inserting in
lieu thereof ``March 15, 1999,''.
SEC. 3158. LAND TRANSFER, BANDELIER NATIONAL MONUMENT.
(a) Transfer of Administrative Jurisdiction.--The Secretary
of Energy shall transfer to the Secretary of the Interior
administrative jurisdiction over a parcel of real property
consisting of approximately 4.47 acres as depicted on the map
entitled ``Boundary Map, Bandelier National Monument'', No.
315/80,051, dated March 1995.
(b) Boundary Modification.--The boundary of the Bandelier
National Monument established by Proclamation No. 1322 (16
U.S.C. 431 note) is modified to include the real property
transferred under subsection (a).
(c) Public Availability of Map.--The map described in
subsection (a) shall be on file and available for public
inspection in the Lands Office at the Southwest System
Support Office of the National Park Service, Santa Fe, New
Mexico, and in the office of the Superintendent of Bandelier
National Monument.
(d) Administration.--The real property and interests in
real property transferred under subsection (a) shall be--
(1) administered as part of Bandelier National Monument;
and
(2) subject to all laws applicable to the Bandelier
National Monument and all laws generally applicable to units
of the National Park System.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year
1998, $17,500,000 for the operation of the Defense Nuclear
Facilities Safety Board under chapter 21 of the Atomic Energy
Act of 1954 (42 U.S.C. 2286 et seq.).
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
SEC. 3301. DEFINITIONS.
In this title:
(1) The term ``National Defense Stockpile'' means the
stockpile provided for in section 4 of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98c).
(2) The term ``National Defense Stockpile Transaction
Fund'' means the fund in the Treasury of the United States
established under section 9(a) of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98h(a)).
SEC. 3302. AUTHORIZED USES OF STOCKPILE FUNDS.
(a) Obligations Authorized.--During fiscal year 1998, the
National Defense Stockpile Manager may obligate up to
$60,000,000 of the funds in the National Defense Stockpile
Transaction Fund established under subsection (a) of section
9 of the Strategic and Critical Materials Stock Piling Act
(50 U.S.C. 98h) for the authorized uses of such funds under
subsection (b)(2) of such section.
(b) Additional Obligations.--The National Defense Stockpile
Manager may obligate amounts in excess of the amount
specified in subsection (a) if the National Defense Stockpile
Manager notifies Congress that extraordinary or emergency
conditions necessitate the additional obligations. The
National Defense Stockpile Manager may make the additional
obligations described in the notification after the end of
the 45-day period beginning on the date Congress receives the
notification.
(c) Limitations.--The authorities provided by this section
shall be subject to such limitations as may be provided in
appropriations Acts.
SEC. 3303. AUTHORITY TO DISPOSE OF CERTAIN MATERIALS IN
NATIONAL DEFENSE STOCKPILE.
(a) Disposal Required.--Subject to subsection (c), the
President shall dispose of materials contained in the
National Defense Stockpile and specified in the table in
subsection (b) so as to result in receipts to the United
States in amounts equal to--
(1) $9,222,000 by the end of fiscal year 1998;
(2) $134,840,000 by the end of fiscal year 2002; and
(3) $295,886,000 by the end of fiscal year 2007.
(b) Limitation on Disposal Quantity.--The total quantities
of materials authorized for disposal by the President under
subsection (a) may not exceed the amounts set forth in the
following table:
Authorized Stockpile Disposals
------------------------------------------------------------------------
Material for disposal Quantity
------------------------------------------------------------------------
Berylium Copper Master Alloy.............. 7,387 short tons
Chromium Metal............................ 8,511 short tons
Cobalt.................................... 14,058,014 pounds
Columbium Carbide......................... 21,372 pounds
Columbium Ferro........................... 249,395 pounds
Diamond, Bort............................. 61,543 carats
Diamond, Dies............................. 25,473 pieces
Diamond, Stone............................ 3,047,900 carats
Germanium................................. 28,200 kilograms
Indium.................................... 14,248 troy ounces
Palladium................................. 1,249,485 troy ounces
Platinum.................................. 442,641 troy ounces
Tantalum, Carbide Powder.................. 22,688 pounds contained
Tantalum, Minerals........................ 1,751,364 pounds contained
Tantalum, Oxide........................... 123,691 pounds contained
Titanium Sponge........................... 34,831 short tons
Tungsten, Ores & Concentrate.............. 76,358,235 pounds
Tungsten, Carbide......................... 2,032,954 pounds
Tungsten, Metal Powder.................... 1,899,283 pounds
Tungsten, Ferro........................... 2,024,143 pounds
------------------------------------------------------------------------
(c) Minimization of Disruption and Loss.--The President may
not dispose of materials under subsection (a) to the extent
that the disposal will result in--
(1) undue disruption of the usual markets of producers,
processors, and consumers of the materials proposed for
disposal; or
(2) avoidable loss to the United States.
(d) Relationship to Other Disposal Authority.--The disposal
authority provided in subsection (a) is new disposal
authority and is in addition to, and shall not affect, any
other disposal authority provided by law regarding the
materials specified in such subsection.
SEC. 3304. RETURN OF SURPLUS PLATINUM FROM THE DEPARTMENT OF
THE TREASURY.
(a) Return of Platinum to Stockpile.--Subject to subsection
(b), the Secretary of the Treasury, upon the request of the
Secretary of Defense, shall return to the Secretary of
Defense for sale or other disposition platinum of the
National Defense Stockpile that has been loaned to the
Department of the Treasury by the Secretary of Defense,
acting as the stockpile manager. The quantity requested and
transferred shall be any quantity that the Secretary of
Defense determines appropriate for sale or other disposition.
(b) Alternative Transfer of Funds.--The Secretary of the
Treasury, with the concurrence of the Secretary of Defense,
may transfer to the Secretary of Defense funds in a total
amount that is equal to the fair market value of any platinum
requested under subsection (a) and not returned. A transfer
of funds under this subsection shall be a substitute for a
return of platinum under subsection (a). Upon a transfer of
funds as a substitute for a return of platinum, the platinum
shall cease to be part of the National
[[Page S5867]]
Defense Stockpile. A transfer of funds under this subsection
shall be charged to any appropriation for the Department of
the Treasury and shall be credited to the National Defense
Stockpile Transaction Fund.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
There is hereby authorized to be appropriated to the
Secretary of Energy $117,000,000 for fiscal year 1998 for the
purpose of carrying out activities under chapter 641 of title
10, United States Code, relating to the naval petroleum
reserves (as defined in section 7420(2) of such title). Funds
appropriated pursuant to such authorization shall remain
available until expended.
SEC. 3402. LEASING OF CERTAIN OIL SHALE RESERVES.
(a) Requirement To Lease.--The Secretary of Energy may
lease, subject to valid existing rights, the United States
interest in Oil Shale Reserves Numbered 1, 2, and 3 to one or
more private entities for the purpose of providing for the
exploration of such reserves for, and the development and
production of, petroleum.
(b) Maximization of Financial Return to the United
States.--A lease under this section shall be made under terms
that result in the maximum practicable financial return to
the United States, without regard to production limitations
provided under chapter 641 of title 10, United States Code.
(c) Disposition of Wells, Gathering Lines, and Equipment.--
A lease of a reserve under subsection (a) may include the
sale or other disposition, at fair market value, of any well,
gathering line, or related equipment owned by the United
States that is located at the reserve and is suitable for use
in the exploration, development, or production of petroleum
on the reserve.
(d) Disposition of Royalties and Other Proceeds.--All
royalties and other proceeds accruing to the United States
from a lease under this section shall be disposed of in
accordance with section 7433 of title 10, United States Code.
(e) Inapplicability of Certain Sections of Title 10, United
States Code.--The following provisions of chapter 641 of
title 10, United States Code, do not apply to the leasing of
a reserve under this section nor to a reserve while under a
lease entered into under this section: section 7422(b),
subsections (d), (e), (g), and (k) of section 7430, section
7431, and section 7438(c)(1).
(f) Definitions.--In this section:
(1) The term ``Oil Shale Reserves Numbered 1, 2, and 3''
means the oil shale reserves identified in section 7420(2) of
title 10, United States Code, as Oil Shale Reserve Numbered
1, Oil Shale Reserve Numbered 2, and Oil Shale Reserve
Numbered 3.
(2) The term ``petroleum'' has the meaning given such term
in section 7420(3) of such title.
SEC. 3403. REPEAL OF REQUIREMENT TO ASSIGN NAVY OFFICERS TO
OFFICE OF NAVAL PETROLEUM AND OIL SHALE
RESERVES.
Section 2 of Public Law 96-137 (42 U.S.C. 7156a) is
repealed.
TITLE XXXV--PANAMA CANAL COMMISSION
Subtitle A--Authorization of Expenditures From Revolving Fund
SEC. 3501. SHORT TITLE.
This subtitle may be cited as the ``Panama Canal Commission
Authorization Act for Fiscal Year 1998''.
SEC. 3502. AUTHORIZATION OF EXPENDITURES.
(a) In General.--Subject to subsection (b), the Panama
Canal Commission is authorized to use amounts in the Panama
Canal Revolving Fund to make such expenditures within the
limits of funds and borrowing authority available to it in
accordance with law, and to make such contracts and
commitments, as may be necessary under the Panama Canal Act
of 1979 (22 U.S.C. 3601 et seq.) for the operation,
maintenance, improvement, and administration of the Panama
Canal for fiscal year 1998.
(b) Limitations.--For fiscal year 1998, the Panama Canal
Commission may expend from funds in the Panama Canal
Revolving Fund not more than $85,000 for official reception
and representation expenses, of which--
(1) not more than $23,000 may be used for official
reception and representation expenses of the Supervisory
Board of the Commission;
(2) not more than $12,000 may be used for official
reception and representation expenses of the Secretary of the
Commission; and
(3) not more than $50,000 may be used for official
reception and representation expenses of the Administrator of
the Commission.
SEC. 3503. PURCHASE OF VEHICLES.
Notwithstanding any other provision of law, the funds
available to the Commission shall be available for the
purchase and transportation to the Republic of Panama of
passenger motor vehicles, the purchase price of which shall
not exceed $22,000 per vehicle.
SEC. 3504. EXPENDITURES ONLY IN ACCORDANCE WITH TREATIES.
Expenditures authorized under this subtitle may be made
only in accordance with the Panama Canal Treaties of 1977 and
any law of the United States implementing those treaties.
Subtitle B--Facilitation of Panama Canal Transition
SEC. 3511. SHORT TITLE; REFERENCES.
(a) Short Title.--This subtitle may be cited as the
``Panama Canal Transition Facilitation Act of 1997''.
(b) References.--Except as otherwise expressly provided,
whenever in this subtitle an amendment or repeal is expressed
in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a
section or other provision of the Panama Canal Act of 1979
(22 U.S.C. 3601 et seq.).
SEC. 3512. DEFINITIONS RELATING TO CANAL TRANSITION.
Section 3 (22 U.S.C. 3602) is amended by adding at the end
the following new subsection:
``(d) For purposes of this Act:
``(1) The term `Canal Transfer Date' means December 31,
1999, such date being the date specified in the Panama Canal
Treaty of 1977 for the transfer of the Panama Canal from the
United States of America to the Republic of Panama.
``(2) The term `Panama Canal Authority' means the entity
created by the Republic of Panama to succeed the Panama Canal
Commission as of the Canal Transfer Date.''.
PART I--TRANSITION MATTERS RELATING TO COMMISSION OFFICERS AND
EMPLOYEES
SEC. 3521. AUTHORITY FOR THE ADMINISTRATOR OF THE COMMISSION
TO ACCEPT APPOINTMENT AS THE ADMINISTRATOR OF
THE PANAMA CANAL AUTHORITY.
(a) Authority for Dual Role.--Section 1103 (22 U.S.C. 3613)
is amended by adding at the end the following new subsection:
``(c) The Congress consents, for purposes of the 8th clause
of article I, section 9 of the Constitution of the United
States, to the acceptance by the individual serving as
Administrator of the Commission of appointment by the
Republic of Panama to the position of Administrator of the
Panama Canal Authority. Such consent is effective only if
that individual, while serving in both such positions, serves
as Administrator of the Panama Canal Authority without
compensation, except for payments by the Republic of Panama
of travel and entertainment expenses, including per diem
payments.''.
(b) Waiver of Certain Conflict-of-Interest Statutes.--Such
section is further amended by adding at the end the following
new subsections:
``(d) The Administrator, with respect to participation in
any matter as Administrator of the Panama Canal Commission
(whether such participation is before, on, or after the date
of the enactment of the Panama Canal Transition Facilitation
Act of 1997), shall not be subject to section 208 of title
18, United States Code, insofar as the matter relates to
prospective employment as Administrator of the Panama Canal
Authority.
``(e) If the Republic of Panama appoints as the
Administrator of the Panama Canal Authority the individual
serving as the Administrator of the Commission and if that
individual accepts the appointment--
``(1) the Foreign Agents Registration Act of 1938, as
amended (22 U.S.C. 611 et seq.), shall not apply to that
individual with respect to service as the Administrator of
the Panama Canal Authority;
``(2) that individual, with respect to participation in any
matter as the Administrator of the Panama Canal Commission,
is not subject to section 208 of title 18, United States
Code, insofar as the matter relates to service as, or
performance of the duties of, the Administrator of the Panama
Canal Authority; and
``(3) that individual, with respect to official acts
performed as the Administrator of the Panama Canal Authority,
is not subject to the following:
``(A) Sections 203 and 205 of title 18, United States Code.
``(B) Effective upon termination of the individual's
appointment as Administrator of the Panama Canal Commission
at noon on the Canal Transfer Date, section 207 of title 18,
United States Code.
``(C) Sections 501(a) and 502(a)(4) of the Ethics in
Government Act of 1978 (5 U.S.C. App.), with respect to
compensation received for, and service in, the position of
Administrator of the Panama Canal Authority.''.
SEC. 3522. POST-CANAL TRANSFER PERSONNEL AUTHORITIES.
(a) Waiver of Certain Post-employment Restrictions for
Commission Personnel Becoming Employees of the Panama Canal
Authority.--Section 1112 (22 U.S.C. 3622) is amended by
adding at the end the following new subsection:
``(e) Effective as of the Canal Transfer Date, section 207
of title 18, United States Code, shall not apply to an
individual who is an officer or employee of the Panama Canal
Authority, but only with respect to official acts of that
individual as an officer or employee of the Authority and
only in the case of an individual who was an officer or
employee of the Commission and whose employment with the
Commission was terminated at noon on the Canal Transfer
Date.''.
(b) Consent of Congress for Acceptance by Reserve and
Retired Members of the Armed Forces of Employment by Panama
Canal Authority.--Such section is further amended by adding
after subsection (e), as added by subsection (a), the
following new subsection:
``(f)(1) The Congress consents to the following persons
accepting civil employment (and compensation for that
employment) with the Panama Canal Authority for which the
consent of the Congress is required by the last
[[Page S5868]]
paragraph of section 9 of article I of the Constitution of
the United States, relating to acceptance of emoluments,
offices, or titles from a foreign government:
``(A) Retired members of the uniformed services.
``(B) Members of a reserve component of the armed forces.
``(C) Members of the Commissioned Reserve Corps of the
Public Health Service.
``(2) The consent of the Congress under paragraph (1) is
effective without regard to subsection (b) of section 908 of
title 37, United States Code (relating to approval required
for employment of Reserve and retired members by foreign
governments).''.
SEC. 3523. ENHANCED AUTHORITY OF COMMISSION TO ESTABLISH
COMPENSATION OF COMMISSION OFFICERS AND
EMPLOYEES.
(a) Repeal of Limitations on Commission Authority.--The
following provisions are repealed:
(1) Section 1215 (22 U.S.C. 3655), relating to basic pay.
(2) Section 1219 (22 U.S.C. 3659), relating to salary
protection upon conversion of pay rate.
(3) Section 1225 (22 U.S.C. 3665), relating to minimum
level of pay and minimum annual increases.
(b) Savings Provision.--Section 1202 (22 U.S.C. 3642) is
amended by adding at the end the following new subsection:
``(c) In the case of an individual who is an officer or
employee of the Commission on the day before the date of the
enactment of the Panama Canal Transition Facilitation Act of
1997 and who has not had a break in service with the
Commission since that date, the rate of basic pay for that
officer or employee on or after that date may not be less
than the rate in effect for that officer or employee on the
day before that date of enactment except--
``(1) as provided in a collective bargaining agreement;
``(2) as a result of an adverse action against the officer
or employee; or
``(3) pursuant to a voluntary demotion.''.
(c) Cross-Reference Amendments.--(1) Section 1216 (22
U.S.C. 3656) is amended by striking out ``1215'' and
inserting in lieu thereof ``1202''.
(2) Section 1218 (22 U.S.C. 3658) is amended by striking
out ``1215'' and ``1217'' and inserting in lieu thereof
``1202'' and ``1217(a)'', respectively.
SEC. 3524. TRAVEL, TRANSPORTATION, AND SUBSISTENCE EXPENSES
FOR COMMISSION PERSONNEL NO LONGER SUBJECT TO
FEDERAL TRAVEL REGULATION.
(a) Repeal of Applicability of Title 5 Provisions.--(1)
Section 1210 (22 U.S.C. 3650) is amended by striking out
subsections (a), (b), and (c).
(2) Section 1224 (22 U.S.C. 3664) is amended--
(A) by striking out paragraph (10); and
(B) by redesignating paragraphs (11) through (20) as
paragraphs (10) through (19), respectively.
(b) Conforming Amendments.--(1) Section 1210 is further
amended--
(A) by redesignating subsection (d)(1) as subsection (a)
and in that subsection striking out ``paragraph (2)'' and
inserting in lieu thereof ``subsection (b)''; and
(B) by redesignating subsection (d)(2) as subsection (b)
and in that subsection--
(i) striking out ``Notwithstanding paragraph (1), an'' and
inserting in lieu thereof ``An''; and
(ii) striking out ''referred to in paragraph (1)'' and
inserting in lieu thereof ``who is a citizen of the Republic
of Panama''.
(2) The heading of such section is amended to read as
follows:
``air transportation''.
(c) Effective Date.--The amendments made by this section
shall take effect on January 1, 1999.
SEC. 3525. ENHANCED RECRUITMENT AND RETENTION AUTHORITIES.
(a) Recruitment, Relocation, and Retention Bonuses.--
Section 1217 (22 U.S.C. 3657) is amended--
(1) by redesignating subsection (c) as subsection (e);
(2) in subsection (e) (as so redesignated), by striking out
``for the same or similar work performed in the United States
by individuals employed by the Government of the United
States'' and inserting in lieu thereof ``of the individual to
whom the compensation is paid''; and
(3) by inserting after subsection (b) the following new
subsections:
``(c)(1) The Commission may pay a recruitment bonus to an
individual who is newly appointed to a position with the
Commission, or a relocation bonus to an employee of the
Commission who must relocate to accept a position, if the
Commission determines that the Commission would be likely, in
the absence of such a bonus, to have difficulty in filling
the position.
``(2) A recruitment or relocation bonus may be paid to an
employee under this subsection only if the employee enters
into an agreement with the Commission to complete a period of
employment with the Commission established by the Commission.
If the employee voluntarily fails to complete such period of
employment or is separated from service in such employment as
a result of an adverse action before the completion of such
period, the employee shall repay the entire amount of the
bonus received by the employee.
``(3) A relocation bonus under this subsection may be paid
as a lump sum. A recruitment bonus under this subsection
shall be paid on a pro rata basis over the period of
employment covered by the agreement under paragraph (2). A
bonus under this subsection may not be considered to be part
of the basic pay of an employee.
``(d)(1) The Commission may pay a retention bonus to an
employee of the Commission if the Commission determines
that--
``(A) the employee has unusually high or unique
qualifications and those qualifications make it essential for
the Commission to retain the employee for a period specified
by the Commission ending not later than the Canal Transfer
Date, or the Commission otherwise has a special need for the
services of the employee making it essential for the
Commission to retain the employee for a period specified by
the Commission ending not later than the Canal Transfer Date;
and
``(B) the employee would be likely to leave employment with
the Commission before the end of that period if the retention
bonus is not paid.
``(2) A retention bonus under this subsection--
``(A) shall be in a fixed amount;
``(B) shall be paid on a pro rata basis (over the period
specified by the Commission as essential for the retention of
the employee), with such payments to be made at the same time
and in the same manner as basic pay; and
``(C) may not be considered to be part of the basic pay of
an employee.
``(3) A decision by the Commission to exercise or to not
exercise the authority to pay a bonus under this subsection
shall not be subject to review under any statutory procedure
or any agency or negotiated grievance procedure except under
any of the laws referred to in section 2302(d) of title 5,
United States Code.''.
(b) Educational Services.--Section 1321(e)(2) (22 U.S.C.
3731(e)(2)) is amended by striking out ``and persons'' and
inserting in lieu thereof ``, to other Commission employees
when determined by the Commission to be necessary for their
recruitment or retention, and to other persons''.
SEC. 3526. TRANSITION SEPARATION INCENTIVE PAYMENTS.
Chapter 2 of title I (22 U.S.C. 3641 et seq.) is amended by
adding at the end of subchapter III the following new
section:
``transition separation incentive payments
``Sec. 1233. (a) In applying to the Commission and
employees of the Commission the provisions of section 663 of
the Treasury, Postal Service, and General Government
Appropriations Act, 1997 (as contained in section 101(f) of
division A of Public Law 104-208; 110 Stat. 3009-383),
relating to voluntary separation incentives for employees of
certain Federal agencies (in this section referred to as
`section 663')--
``(1) the term `employee' shall mean an employee of the
Commission who has served in the Republic of Panama in a
position with the Commission for a continuous period of at
least three years immediately before the employee's
separation under an appointment without time limitation and
who is covered under the Civil Service Retirement System or
the Federal Employees' Retirement System under subchapter III
of chapter 83 or chapter 84, respectively, of title 5, United
States Code, other than--
``(A) an employee described in any of subparagraphs (A)
through (F) of subsection (a)(2) of section 663; or
``(B) an employee of the Commission who, during the 24-
month period preceding the date of separation, has received a
recruitment or relocation bonus under section 1217(c) of this
Act or who, within the 12-month period preceding the date of
separation, received a retention bonus under section 1217(d)
of this Act;
``(2) the strategic plan under subsection (b) of section
663 shall include (in lieu of the matter specified in
subsection (b)(2) of that section)--
``(A) the positions to be affected, identified by
occupational category and grade level;
``(B) the number and amounts of separation incentive
payments to be offered; and
``(C) a description of how such incentive payments will
facilitate the successful transfer of the Panama Canal to the
Republic of Panama;
``(3) a separation incentive payment under section 663 may
be paid to a Commission employee only to the extent necessary
to facilitate the successful transfer of the Panama Canal by
the United States of America to the Republic of Panama as
required by the Panama Canal Treaty of 1977;
``(4) such a payment--
``(A) may be in an amount determined by the Commission not
to exceed $25,000; and
``(B) may be made (notwithstanding the limitation specified
in subsection (c)(2)(D) of section 663) in the case of an
eligible employee who voluntarily separates (whether by
retirement or resignation) during the 90-day period beginning
on the date of the enactment of this section or during the
period beginning on October 1, 1998, and ending on December
31, 1998;
``(5) in the case of not more than 15 employees who (as
determined by the Commission) are unwilling to work for the
Panama Canal Authority after the Canal Transfer Date and who
occupy critical positions for which (as determined by the
Commission) at least two years of experience is necessary to
ensure that seasoned managers are in place on and after the
Canal Transfer Date, such a payment (notwithstanding
paragraph (4))--
[[Page S5869]]
``(A) may be in an amount determined by the Commission not
to exceed 50 percent of the basic pay of the employee; and
``(B) may be made (notwithstanding the limitation specified
in subsection (c)(2)(D) of section 663) in the case of such
an employee who voluntarily separates (whether by retirement
or resignation) during the 90-day period beginning on the
date of the enactment of this section; and
``(6) the provisions of subsection (f) of section 663 shall
not apply.
``(b) A decision by the Commission to exercise or to not
exercise the authority to pay a transition separation
incentive under this section shall not be subject to review
under any statutory procedure or any agency or negotiated
grievance procedure except under any of the laws referred to
in section 2302(d) of title 5, United States Code.''.
SEC. 3527. LABOR-MANAGEMENT RELATIONS.
Section 1271 (22 U.S.C. 3701) is amended by adding at the
end the following new subsection:
``(c)(1) This subsection applies to any matter that becomes
the subject of collective bargaining between the Commission
and the exclusive representative for any bargaining unit of
employees of the Commission during the period beginning on
the date of the enactment of this subsection and ending on
the Canal Transfer Date.
``(2)(A) The resolution of impasses resulting from
collective bargaining between the Commission and any such
exclusive representative during that period shall be
conducted in accordance with such procedures as may be
mutually agreed upon between the Commission and the exclusive
representative (without regard to any otherwise applicable
provisions of chapter 71 of title 5, United States Code).
Such mutually agreed upon procedures shall become effective
upon transmittal by the Chairman of the Commission to the
Congress of notice of the agreement to use those procedures
and a description of those procedures.
``(B) The Federal Services Impasses Panel shall not have
jurisdiction to resolve any impasse between the Commission
and any such exclusive representative in negotiations over a
procedure for resolving impasses.
``(3) If the Commission and such an exclusive
representative do not reach an agreement concerning a
procedure for resolving impasses with respect to a bargaining
unit and transmit notice of the agreement under paragraph (2)
on or before July 1, 1998, the following shall be the
procedure by which collective bargaining impasses between the
Commission and the exclusive representative for that
bargaining unit shall be resolved:
``(A) If bargaining efforts do not result in an agreement,
the parties shall request the Federal Mediation and
Conciliation Service to assist in achieving an agreement.
``(B) If an agreement is not reached within 45 days after
the date on which either party requests the assistance of the
Federal Mediation and Conciliation Service in writing (or
within such shorter period as may be mutually agreed upon by
the parties), the parties shall be considered to be at an
impasse and shall request the Federal Services Impasses Panel
of the Federal Labor Relations Authority to decide the
impasse.
``(C) If the Federal Services Impasses Panel fails to issue
a decision within 90 days after the date on which its
services are requested (or within such shorter period as may
be mutually agreed upon by the parties), the efforts of the
Panel shall be terminated.
``(D) In such a case, the Chairman of the Panel (or another
member in the absence of the Chairman) shall immediately
determine the matter by a drawing (conducted in such manner
as the Chairman (or, in the absence of the Chairman, such
other member) determines appropriate) between the last offer
of the Commission and the last offer of the exclusive
representative, with the offer chosen through such drawing
becoming the binding resolution of the matter.
``(4) In the case of a notice of agreement described in
paragraph (2)(A) that is transmitted to the Congress as
described in the second sentence of that paragraph after July
1, 1998, the impasse resolution procedures covered by that
notice shall apply to any impasse between the Commission and
the other party to the agreement that is unresolved on the
date on which that notice is transmitted to the Congress.''.
SEC. 3528. AVAILABILITY OF PANAMA CANAL REVOLVING FUND FOR
SEVERANCE PAY FOR CERTAIN EMPLOYEES SEPARATED
BY PANAMA CANAL AUTHORITY AFTER CANAL TRANSFER
DATE.
(a) Availability of Revolving Fund.--Section 1302(a) (22
U.S.C. 3712(a)) is amended by adding at the end the following
new paragraph:
``(10) Payment to the Panama Canal Authority, not later
than the Canal Transfer Date, of such amount as is computed
by the Commission to be the future amount of severance pay to
be paid by the Panama Canal Authority to employees whose
employment with the Authority is terminated, to the extent
that such severance pay is attributable to periods of service
performed with the Commission before the Canal Transfer Date
(and assuming for purposes of such computation that the
Panama Canal Authority, in paying severance pay to terminated
employees, will provide for crediting of periods of service
with the Commission).''.
(b) Stylistic Amendments.--Such section is further
amended--
(1) by striking out ``for--'' in the matter preceding
paragraph (1) and inserting in lieu thereof ``for the
following purposes:'';
(2) by capitalizing the initial letter of the first word in
each of paragraphs (1) through (9);
(3) by striking out the semicolon at the end of each of
paragraphs (1) through (7) and inserting in lieu thereof a
period; and
(4) by striking out ``; and'' at the end of paragraph (8)
and inserting in lieu thereof a period.
PART II--TRANSITION MATTERS RELATING TO OPERATION AND ADMINISTRATION OF
CANAL
SEC. 3541. ESTABLISHMENT OF PROCUREMENT SYSTEM AND BOARD OF
CONTRACT APPEALS.
Title III of the Panama Canal Act of 1979 (22 U.S.C. 3601
et seq.) is amended by inserting after the title heading the
following new chapter:
``Chapter 1--Procurement
``procurement system
``Sec. 3101. (a) Panama Canal Acquisition Regulation.--(1)
The Commission shall establish by regulation a comprehensive
procurement system. The regulation shall be known as the
`Panama Canal Acquisition Regulation' (in this section
referred to as the `Regulation') and shall provide for the
procurement of goods and services by the Commission in a
manner that--
``(A) applies the fundamental operating principles and
procedures in the Federal Acquisition Regulation;
``(B) uses efficient commercial standards of practice; and
``(C) is suitable for adoption and uninterrupted use by the
Republic of Panama after the Canal Transfer Date.
``(2) The Regulation shall contain provisions regarding the
establishment of the Panama Canal Board of Contract Appeals
described in section 3102.
``(b) Supplement to Regulation.--The Commission shall
develop a Supplement to the Regulation (in this section
referred to as the `Supplement') that identifies both the
provisions of Federal law applicable to procurement of goods
and services by the Commission and the provisions of Federal
law waived by the Commission under subsection (c).
``(c) Waiver Authority.--(1) Subject to paragraph (2), the
Commission shall determine which provisions of Federal law
should not apply to procurement by the Commission and may
waive those laws for purposes of the Regulation and
Supplement.
``(2) For purposes of paragraph (1), the Commission may not
waive--
``(A) section 27 of the Office of Federal Procurement
Policy Act (41 U.S.C. 423);
``(B) the Contract Disputes Act of 1978 (41 U.S.C. 601 et
seq.), other than section 10(a) of such Act (41 U.S.C
609(a)); or
``(C) civil rights, environmental, or labor laws.
``(d) Consultation With Administrator for Federal
Procurement Policy.--In establishing the Regulation and
developing the Supplement, the Commission shall consult with
the Administrator for Federal Procurement Policy.
``(e) Effective Date.--The Regulation and the Supplement
shall take effect on the date of publication in the Federal
Register, or January 1, 1999, whichever is earlier.
``panama canal board of contract appeals
``Sec. 3102. (a) Establishment.--(1) The Secretary of
Defense, in consultation with the Commission, shall establish
a board of contract appeals, to be known as the Panama Canal
Board of Contract Appeals, in accordance with section 8 of
the Contract Disputes Act of 1978 (41 U.S.C. 607). Except as
otherwise provided by this section, the Panama Canal Board of
Contract Appeals (in this section referred to as the `Board')
shall be subject to the Contract Disputes Act of 1978 (41
U.S.C. 601 et seq.) in the same manner as any other agency
board of contract appeals established under that Act.
``(2) The Board shall consist of three members. At least
one member of the Board shall be licensed to practice law in
the Republic of Panama. Individuals appointed to the Board
shall take an oath of office, the form of which shall be
prescribed by the Secretary of Defense.
``(b) Exclusive Jurisdiction To Decide Appeals.--
Notwithstanding section 10(a)(1) of the Contract Disputes Act
of 1978 (41 U.S.C. 609(a)(1)) or any other provision of law,
the Board shall have exclusive jurisdiction to decide an
appeal from a decision of a contracting officer under section
8(d) of such Act (41 U.S.C. 607(d)).
``(c) Exclusive Jurisdiction To Decide Protests.--The Board
shall decide protests submitted to it under this subsection
by interested parties in accordance with subchapter V of
title 31, United States Code. Notwithstanding section 3556 of
that title, section 1491(b) of title 28, United States Code,
and any other provision of law, the Board shall have
exclusive jurisdiction to decide such protests. For purposes
of this subsection--
``(1) except as provided in paragraph (2), each reference
to the Comptroller General in sections 3551 through 3555 of
title 31, United States Code, is deemed to be a reference to
the Board;
``(2) the reference to the Comptroller General in section
3553(d)(3)(C)(ii) of such title is deemed to be a reference
to both the Board and the Comptroller General;
``(3) the report required by paragraph (1) of section
3554(e) of such title shall be submitted to the Comptroller
General as well as the committees listed in such paragraph;
[[Page S5870]]
``(4) the report required by paragraph (2) of such section
shall be submitted to the Comptroller General as well as
Congress; and
``(5) section 3556 of such title shall not apply to the
Board, but nothing in this subsection shall affect the right
of an interested party to file a protest with the appropriate
contracting officer.
``(d) Procedures.--The Board shall prescribe such
procedures as may be necessary for the expeditious decision
of appeals and protests under subsections (b) and (c).
``(e) Commencement.--The Board shall begin to function as
soon as it has been established and has prescribed procedures
under subsection (d), but not later than January 1, 1999.
``(f) Transition.--The Board shall have jurisdiction under
subsection (b) and (c) over any appeals and protests filed on
or after the date on which the Board begins to function. Any
appeals and protests filed before such date shall remain
before the forum in which they were filed.
``(g) Other Functions.--The Board may perform functions
similar to those described in this section for such other
matters or activities of the Commission as the Commission may
determine and in accordance with regulations prescribed by
the Commission.''.
SEC. 3542. TRANSACTIONS WITH THE PANAMA CANAL AUTHORITY.
Section 1342 (22 U.S.C. 3752) is amended--
(1) by designating the text of the section as subsection
(a); and
(2) by adding at the end the following new subsections:
``(b) The Commission may provide office space, equipment,
supplies, personnel, and other in-kind services to the Panama
Canal Authority on a nonreimbursable basis.
``(c) Any executive department or agency of the United
States may, on a reimbursable basis, provide to the Panama
Canal Authority materials, supplies, equipment, work, or
services requested by the Panama Canal Authority, at such
rates as may be agreed upon by that department or agency and
the Panama Canal Authority.''.
SEC. 3543. TIME LIMITATIONS ON FILING OF CLAIMS FOR DAMAGES.
(a) Filing of Administrative Claims With Commission.--
Sections 1411(a) (22 U.S.C. 3771(a)) and 1412 (22 U.S.C.
3772) are each amended in the last sentence by striking out
``within 2 years after'' and all that follows through ``of
1985,'' and inserting in lieu thereof ``within one year after
the date of the injury or the date of the enactment of the
Panama Canal Transition Facilitation Act of 1997,''.
(b) Filing of Judicial Actions.--The penultimate sentence
of section 1416 (22 U.S.C. 3776) is amended--
(1) by striking out ``one year'' the first place it appears
and inserting in lieu thereof ``180 days''; and
(2) by striking out ``claim, or'' and all that follows
through ``of 1985,'' and inserting in lieu thereof ``claim or
the date of the enactment of the Panama Canal Transition
Facilitation Act of 1997,''.
SEC. 3544. TOLLS FOR SMALL VESSELS.
Section 1602(a) (22 U.S.C. 3792(a)) is amended--
(1) in the first sentence, by striking out ``supply ships,
and yachts'' and inserting in lieu thereof ``and supply
ships''; and
(2) by adding at the end the following new sentence:
``Tolls for small vessels (including yachts), as defined by
the Commission, may be set at rates determined by the
Commission without regard to the preceding provisions of this
subsection.''.
SEC. 3545. DATE OF ACTUARIAL EVALUATION OF FECA LIABILITY.
Section 5(a) of the Panama Canal Commission Compensation
Fund Act of 1988 (22 U.S.C. 3715c(a)) is amended by striking
out ``Upon the termination of the Panama Canal Commission''
and inserting in lieu thereof ``By March 31, 1998''.
SEC. 3546. APPOINTMENT OF NOTARIES PUBLIC.
Section 1102a (22 U.S.C. 3612a) is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection:
``(g)(1) The Commission may appoint any United States
citizen to have the general powers of a notary public to
perform, on behalf of Commission employees and their
dependents outside the United States, any notarial act that a
notary public is required or authorized to perform within the
United States. Unless an earlier expiration is provided by
the terms of the appointment, any such appointment shall
expire three months after the Canal Transfer Date.
``(2) Every notarial act performed by a person acting as a
notary under paragraph (1) shall be as valid, and of like
force and effect within the United States, as if executed by
or before a duly authorized and competent notary public in
the United States.
``(3) The signature of any person acting as a notary under
paragraph (1), when it appears with the title of that
person's office, is prima facie evidence that the signature
is genuine, that the person holds the designated title, and
that the person is authorized to perform a notarial act.''.
SEC. 3547. COMMERCIAL SERVICES.
Section 1102b (22 U.S.C. 3612b) is amended by adding at the
end the following new subsection:
``(e) The Commission may conduct and promote commercial
activities related to the management, operation, or
maintenance of the Panama Canal. Any such commercial activity
shall be carried out consistent with the Panama Canal Treaty
of 1977 and related agreements.''.
SEC. 3548. TRANSFER FROM PRESIDENT TO COMMISSION OF CERTAIN
REGULATORY FUNCTIONS RELATING TO EMPLOYMENT
CLASSIFICATION APPEALS.
Sections 1221(a) and 1222(a) (22 U.S.C. 3661(a), 3662(a))
are amended by striking out ``President'' and inserting in
lieu thereof ``Commission''.
SEC. 3549. ENHANCED PRINTING AUTHORITY.
Section 1306 (22 U.S.C. 3714b) is amended by striking out
``Section 501'' and inserting in lieu thereof ``Sections 501
through 517 and 1101 through 1123''.
SEC. 3550. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Clerical Amendments.--The table of contents in section
1 is amended--
(1) by striking out the item relating to section 1210 and
inserting in lieu thereof the following:
``Sec. 1210. Air transportation.'';
(2) by striking out the items relating to sections 1215,
1219, and 1225;
(3) by inserting after the item relating to section 1232
the following new item:
``Sec. 1233. Transition separation incentive payments.'';
and
(4) by inserting after the item relating to the heading of
title III the following:
``Chapter 1--Procurement
``Sec. 3101. Procurement system.
``Sec. 3102. Panama Canal Board of Contract Appeals.''.
(b) Amendment To Reflect Prior Change in Compensation of
Administrator.--Section 5315 of title 5, United States Code,
is amended by striking out the following:
``Administrator of the Panama Canal Commission.''.
(c) Amendments To Reflect Change in Travel and
Transportation Expenses Authority.--(1) Section 5724(a)(3) of
title 5, United States Code, is amended by striking out ``,
the Commonwealth of Puerto Rico,'' and all that follows
through ``Panama Canal Act of 1979'' and inserting in lieu
thereof ``or the Commonwealth of Puerto Rico''.
(2) Section 5724a(j) of such title is amended--
(A) by inserting ``and'' after ``Northern Mariana
Islands,''; and
(B) by striking out ``United States, and'' and all that
follows through the period at the end and inserting in lieu
thereof ``United States.''.
(3) The amendments made by this subsection shall take
effect on January 1, 1999.
(d) Miscellaneous Technical Amendments.--
(1) Section 3(b) (22 U.S.C. 3602(b)) is amended by striking
out ``the Canal Zone Code'' and all that follows through
``other laws'' and inserting in lieu thereof ``laws of the
United States and regulations issued pursuant to such laws''.
(2)(A) The following provisions are each amended by
striking out ``the effective date of this Act'' and inserting
in lieu thereof ``October 1, 1979'': sections 3(b), 3(c),
1112(b), and 1321(c)(1).
(B) Section 1321(c)(2) is amended by striking out ``such
effective date'' and inserting in lieu thereof ``October 1,
1979''.
(C) Section 1231(c)(3)(A) (22 U.S.C. 3671(c)(3)(A)) is
amended by striking out ``the day before the effective date
of this Act'' and inserting in lieu thereof ``September 30,
1979''.
(3) Section 1102a(h), as redesignated by section
3546(a)(1), is amended by striking out ``section 1102B'' and
inserting in lieu thereof ``section 1102b''.
(4) Section 1110(b)(2) (22 U.S.C. 3620(b)(2)) is amended by
striking out ``section 16 of the Act of August 1, 1956 (22
U.S.C. 2680a),'' and inserting in lieu thereof ``section 207
of the Foreign Service Act of 1980 (22 U.S.C. 3927)''.
(5) Section 1212(b)(3) (22 U.S.C. 3652(b)(3)) is amended by
striking out ``as last in effect before the effective date of
section 3530 of the Panama Canal Act Amendments of 1996'' and
inserting in lieu thereof ``as in effect on September 22,
1996''.
(6) Section 1243(c)(2) (22 U.S.C. 3681(c)(2)) is amended by
striking out ``retroactivity'' and inserting in lieu thereof
``retroactively''.
(7) Section 1341(f) (22 U.S.C. 3751(f)) is amended by
striking out ``sections 1302(c)'' and inserting in lieu
thereof ``sections 1302(b)''.
______
By Mr. COVERDELL:
S. 925. A bill to provide authority for women' business centers to
enter into contracts with Federal departments and agencies to provide
specific assistance to women and other underserved small business
concerns; to the Committee on Small Business.
THE WOMEN'S SMALL BUSINESS PROGRAMS ACT OF 1997
Mr. COVERDELL. Mr. President, I rise today to introduce the Support
for Women's Small Business Programs Act of 1997. As a member of the
Senate's Small Business Committee, I have focused on helping small
businesses succeed in an increasingly competitive environment. Women-
owned small businesses have made impressive strides in recent years. To
me, this is no surprise.
[[Page S5871]]
Women-owned businesses are an increasingly important part of our
Nation's economy. In 1996, they accounted for an estimated $2.3
trillion in sales and employed one out of every four workers totaling
18.5 million employees. According to the National Foundation of Women
Business Owners, the growth of women-owned business continues to
outpace overall business growth nearly 2 to 1. In my home State of
Georgia, there are 143,045 women-owned businesses both full time and
part time.
I believe it is important the Federal Government continue to support
the development of these small businesses and assist them in overcoming
the unique challenges facing them. Currently, the Office of Women
Business Ownership administers women's demonstration sites where women-
owned small businesses can find critical support. These demonstration
women business development centers at these sites are required to be
completely self-sufficient a short period of time. I hope we succeed in
the coming Small Business Administration reauthorization legislation to
make these centers permanent.
My legislation is simple. It allows these women business development
centers to enter into contracts with other Federal departments and
agencies to provide specific assistance to small business concerns. It
expands their pool of available resources they can use to nurture
women-owned small business.
I have been working with the Senate Small Business Committee on this
matter, and it is my understanding this proposal will become part of
this year s SBA Reauthorization bill. I look forward to working with
the committee to ensure the Federal Government provides women's
business centers this critical support.
______
By Mr. HARKIN (for himself and Mrs. Murray):
S. 926. A bill to amend the Internal Revenue Code of 1986 to expand
the child and dependent care credit, and for other purposes; to the
Committee on Finance.
THE WORKING FAMILY CHILD CARE TAX RELIEF ACT OF 1997
Mr. HARKIN. Mr. President, today, I rise to introduce the Working
Family Child Care Tax Relief Act of 1977. This legislation is targeted
to those families most in need of a tax break--working families with
child or dependent adult care expenses. The need for child care
continues to grow, 60 percent of women in the workforce have children
under 6 years of age. Moreover, hard working families throughout Iowa
and across America are struggling to meet the escalating costs of child
care. A family with a preschool-age child spent an average of $15 more
per week on child care in 1993 than in 1986. Currently, average child
care costs for a working family in Iowa run about $3,000 to $6,000 per
year.
Today, there is a child care tax credit available for many working
families--but that credit hasn't been increased since 1982--and it
wasn't even adequate then. Inflation has reduced the value of the
credit by about 60 percent since it was last adjusted in 1982. Under
current law, families with $10,000 in adjusted gross income are
eligible for a 30-percent credit on the first $2,400 in child care
expenses for one child or $4,800 for two children. The credit phases
down to 20 percent at $28,000 and all incomes above that level. Because
the child care tax credit is not refundable, few families actually
qualify for the full 30 percent credit under current law. Families with
an income of less than $10,000 do not have a tax liability against
which they can apply the credit.
This legislation would expand the child care tax credit and make it
available for more working families. The amount of child care expenses
eligible for the credit would be increased to $4,000 for one child or
other dependent and $8,000 for two or more dependents. For example, my
proposal would provide a 30-percent refundable credit for working
couples with an adjusted gross income of up to $50,000 on the first
$8,000 in child care expenses for two or more children or other
dependents. For families earning between $50,000 and $80,000, the
credit gradually phases down to current level. Families earning more
than $80,000 would be eligible for the same level of benefits they
receive under current law.
Although we must continue our efforts to reach a balanced budget, we
must also realize that American families with child or dependent care
expenses deserve a tax break. But I am not talking about doling out
huge new tax breaks for those on top who don't need it. This
legislation is targeted directly to families in the middle--they are
not on welfare and they are not rich. They work hard, they care about
their families and their jobs, and they deserve a break.
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. 926
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled.
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Working
Family Child Care Tax Relief Act of 1997''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered
to be made to a section or other provision of the Internal
Revenue Code of 1986.
SEC. 2. EXPANSION OF CHILD AND DEPENDENT CARE CREDIT.
(a) Increse in Credit.--Paragraph (2) of section 21(a)
(relating to credit for expenses for household and dependent
care services necessary for gainful employment) is amended to
read as follows:
``(2) Applicable percentage defined.--For purposes of
paragraph (1), the term `applicable percentage' means 30
percent reduced (but not below 20 percent) by 1 percentage
point for each $3,000 (or fraction thereof) by which the
taxpayer's adjusted gross income exceeds $50,000.''
(b) Increase in Maximum Amount Creditable.--
(1) In general.--Section 21(c) (relating to dollar limit on
amount creditable) is amended--
(A) by striking ``$2,400'' in paragraph (1) and inserting
``$4,000'', and
(B) by striking ``$4,800'' in paragraph (2) and inserting
``$8,000''.
(2) Phaseout for taxpayers with adjusted gross income in
excess of $50,000.--
(A) In general.--Section 21(c) is amended by adding at the
end the following new paragraph:
``(2) Limitation based on adjusted gross income.--If the
taxpayer's adjusted gross income for the taxable year exceeds
$50,000, the applicable dollar amount under paragraph (1)
shall be reduced as follows:
``(A) the $4,000 amount under paragraph (1)(A) shall be
reduced (but not below $2,400) by $53.33 for each $1,000 (or
fraction thereof) of such excess.
``(B) the $8,000 amount under paragraph (1)(B) shall be
reduced (but not below $4,800) by $106.66 for each $1,000 (or
fraction thereof) of such excess.''
(2) Conforming amendments.--Section 21(c), as amended by
subsection 9(b), is amended--
(A) by striking ``The amount'' and inserting:
``(1) In general.--The amount'',
(B) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and
(C) by striking ``paragraph (1) or (2)'' and inserting
``subparagraph (A) or (B)''.
(c) Credit Made Refundable.--
(1) In general.--Section 21 (relating to credit for
expenses for household and dependent care services), as
amended by this section, is transferred to subpart C of part
IV of subchapter A of chapter 1, inserted after section 35,
and redesignated as section 36.
(2) Conforming amendments.--
(A) Section 129 is amended--
(i) by striking ``21(e)'' in subsection (a)(2)(C) and
inserting ``36(e)'',
(ii) by striking ``21(d)(2)'' in subsection (b)(2) and
inserting ``36(d)(2)'', and
(iii) by striking ``21(b)(2)'' in subsection (e)(1) and
inserting ``36(b)(2)''.
(B) Section 213(e) is amended by striking ``section 21''
and inserting ``section 36''.
(3) Clerical amendments.--
(A) The table of sections for subpart A of part IV of
subchapter A of chapter 1 is amended by striking the item
relating to section 21.
(B) The table of sections for subpart C of part IV of
subchapter A of chapter 1 is amended by adding at the end the
following new item:
``Sec. 36. Expenses for household and dependent care services necessary
for gainful employment.''
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
1997.
______
By Ms. SNOWE (for herself, Mr. Hollings, Mr. Gregg, Mr. Kerry,
Mr. Breaux, Mr. Reed, and Mr. Glenn):
S. 927. A bill to reauthorize the Sea Grant Program.
[[Page S5872]]
THE OCEAN AND COASTAL RESEARCH REVITALIZATION ACT OF 1997
Ms. SNOWE. Mr. President, today I am introducing legislation to
reauthorize the National Sea Grant College Program. I am pleased to be
joined in this effort by Senator Hollings, the ranking member on the
Committee on Commerce, Science, and Transportation, and by Senators
Gregg, Kerry, Reed, Glenn, and Breaux.
Since its establishment in 1966, the National Sea Grant College
Program has provided an invaluable service to the citizens of our
Nation, and particularly to those who depend on our Nation's coastal
and marine resources. Sea Grant operates programs in concert with 29
academic institutions covering the entire marine coastline of the
United States, the Great Lakes region, and Puerto Rico. It serves as a
kind of cooperative research and extension program for States and
localities with a direct interest in ocean, coastal, and Great Lakes
resources. Sea Grant is unique in the breadth of its programs, bringing
together the natural and social sciences as well as educational
institutions, the private sector, and State and local governments. By
facilitating these interactions across institutional boundaries, Sea
Grant makes important contributions to the development of management
programs that effectively address both resource conservation and the
needs of communities who use these resources.
In my home State of Maine, the decline in groundfish populations has
had a devastating impact on the fishing community. The joint Maine/New
Hampshire Sea Grant Program has supported research looking at the
economic and social impacts of this decline, as well as biological
investigations into the ecology of the fisheries. With the results of
these studies, Maine has been able to mitigate some of the losses these
citizens have suffered. Management programs have been adapted to better
account for the needs of local residents and the vagaries of an ever-
changing ocean. In all of their programs, Maine Sea Grant has
consistently reinvested in local communities, providing knowledge and
tools for working with the sea.
I know from my colleagues that the work I have witnessed in Maine is
representative of the quality work Sea Grant programs are doing across
the country. The wealth of benefits Sea Grant provides comes from a
small Federal investment. By requiring matching grants, State Sea Grant
Programs use their partnerships with industry and academia to generate
a high return on every Federal dollar expended. This investment, in
turn, helps to stimulate industry productivity and increase the
efficiency of coastal management programs. In these cost-conscious
times, Sea Grant is a model of being able to do more with less.
This legislation will allow Sea Grant to continue its work by
reauthorizing the program for 3 years. It caps the national
administrative costs of the program at 5 percent of the total budget,
and it repeals an international program and a postdoctoral fellowship
program which have never been funded. The bill also responds to a
National Research Council Report by clarifying the responsibilities of
the Sea Grant director and streamlining the process for reviewing State
program proposals.
This bill is supported by the Sea Grant Association, whose membership
includes many of the land grant universities and other institutions
with an interest in the program, and it was drafted in close
consultation with the Clinton administration. The legislation is
deserving of broad bipartisan support in the Senate, and I look forward
to working with my colleagues for its quick passage. 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. 927
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 ``Ocean and Coastal Research
Revitalization Act of 1997''.
SEC. 2. AMENDMENT OF NATIONAL SEA GRANT COLLEGE PROGRAM ACT.
Except as otherwise expressly provided, whenever in this
Act an amendment or repeal is expressed in terms of an
amendment or repeal to, or repeal of, a section or other
provision, the reference shall be considered to be made to a
section or other provision of the National Sea Grant College
Program Act (33 U.S.C. 1121 et seq.).
SEC. 3. FINDINGS.
(a) Section 202(a)(1) (33 U.S.C. 1121(a)(1)) is amended--
(1) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(2) by inserting after subparagraph (C) the following:
``(D) encourage the development of forecast and analysis
systems for coastal hazards;''.
(b) Section 202(a)(6) (33 U.S.C. 1121(a)(6)) is amended by
striking the second sentence and inserting the following:
``The most cost-effective way to promote such activities is
through continued and increased Federal support of the
establishment, development, and operation of programs and
projects by sea grant colleges, sea grant institutes, and
other institutions.''.
SEC. 4. DEFINITIONS.
(a) Section 203 (33 U.S.C. 1122) is amended--
(1) in paragraph (3)--
(A) by striking ``their university or'' and inserting ``his
or her''; and
(B) by striking ``college, programs, or regional
consortium'' and inserting ``college or sea grant
institute'';
(2) by striking paragraph (4) and inserting the following:
``(4) The term `field related to ocean, coastal, and Great
Lakes resources' means any discipline or field, including
marine affairs, resource management, technology, education,
or science, which is concerned with or likely to improve the
understanding, assessment, development, utilization, or
conservation of ocean, coastal, or Great Lakes resources.'';
(3) by redesignating paragraphs (6) through (15) as
paragraphs (7) through (16), respectively, and inserting
after paragraph (5) the following:
``(6) The term `institution' means any public or private
institution of higher education, institute, laboratory, or
State or local agency.'';
(4) by striking ``regional consortium, institution of
higher education, institute, or laboratory'' in paragraph
(10) (as redesignated) and inserting ``institute or other
institution'';
(5) by striking paragraphs (11) through (16) (as
redesignated) and inserting after paragraph (10) the
following:
``(11) The term `project' means any individually described
activity in a field related to ocean, coastal, and Great
Lakes resources involving research, education, training, or
advisory services administered by a person with expertise in
such a field.
``(12) The term `sea grant college' means any institution,
or any association or alliance of two or more such
institutions, designated as such by the Secretary under
section 207 (33 U.S.C. 1126) of this Act.
``(13) The term `sea grant institute' means any
institution, or any association or alliance of two or more
such institutions, designated as such by the Secretary under
section 207 (33 U.S.C. 1126) of this Act.
``(14) The term `sea grant program' means a program of
research and outreach which is administered by one or more
sea grant colleges or sea grant institutes.
``(15) The term `Secretary' means the Secretary of
Commerce, acting through the Under Secretary of Commerce for
Oceans and Atmosphere.
``(16) The term `State' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Mariana Islands, or any other territory
or possession of the United States.''.
(b) The Act is amended--
(1) in section 209(b) (33 U.S.C. 1128(b)), as amended by
this Act, by striking ``, the Under Secretary,''; and
(2) by striking ``Under Secretary'' every other place it
appears and inserting ``Secretary''.
SEC. 5. NATIONAL SEA GRANT COLLEGE PROGRAM.
Section 204 (33 U.S.C. 1123) is amended to read as follows:
``SEC. 204. NATIONAL SEA GRANT COLLEGE PROGRAM.
``(a) Program Maintenance.--The Secretary shall maintain
within the Administration, a program to be known as the
national sea grant college program. The national sea grant
college program shall be administered by a national sea grant
office within the Administration.
``(b) Program Elements.--The national sea grant college
program shall consist of the financial assistance and other
activities authorized in this subchapter, and shall provide
support for the following elements--
``(1) sea grant programs which comprise a national sea
grant college program network, including international
projects conducted within such programs;
``(2) administration of the national sea grant college
program and this Act by the national sea grant office, the
Administration, and the panel;
``(3) the fellowship program under section 208; and
``(4) any national strategic investments developed with the
approval of the panel, the sea grant colleges, and the sea
grant institutes.
``(c) Responsibilities of the Secretary.--
``(1) The Secretary, in consultation with the panel, sea
grant colleges, and sea grant
[[Page S5873]]
institutes, shall develop a long-range strategic plan which
establishes priorities for the national sea grant college
program and which provides an appropriately balanced response
to local, regional, and national needs.
``(2) Within 6 months of the date of enactment of the Ocean
and Coastal Research Revitalization Act of 1997, the
Secretary, in consultation with the panel, sea grant
colleges, and sea grant institutes, shall establish
guidelines related to the activities and responsibilities of
sea grant colleges and sea grant institutes. Such guidelines
shall include requirements for the conduct of merit review by
the sea grant colleges and sea grant institutes of proposals
for grants and contracts to be awarded under section 205,
providing, at a minimum, for standardized documentation of
such proposals and peer review of all research projects.
``(3) The Secretary shall by regulation prescribe the
qualifications required for designation of sea grant colleges
and sea grant institutes under section 207.
``(4) To carry out the provisions of this subchapter, the
Secretary may--
``(A) appoint, assign the duties, transfer, and fix the
compensation of such personnel as may be necessary, in
accordance with civil service laws; except that one position
in addition to the Director may be established without regard
to the provisions of Title 5 governing appointments to the
competitive service, at a rate payable under section 5376 of
title 5, United States Code;
``(B) make appointments with respect to temporary and
intermittent services to the extent authorized by section
3109 of title 5, United States Code;
``(C) publish or arrange for the publication of, and
otherwise disseminate, in cooperation with other offices and
programs in the Administration and without regard to section
501 of title 44, any information of research, educational,
training or other value in fields related to ocean, coastal,
or Great Lakes resources;
``(D) enter into contracts, cooperative agreements, and
other transactions without regard to section 5 of title 41,
United States Code;
``(E) notwithstanding section 1342 of title 31, United
States Code, accept donations and voluntary and uncompensated
services;
``(F) accept funds from other Federal departments and
agencies, including agencies within the Administration, to
pay for and add to grants made and contracts entered into by
the Secretary;
``(G) promulgate such rules and regulations as may be
necessary and appropriate.
``(d) Director of the National Sea Grant College Program.--
``(1) The Secretary shall appoint, as the Director of the
National Sea Grant College Program, a qualified individual
who has appropriate administrative experience and knowledge
or expertise in fields related to ocean, coastal, and Great
Lakes resources. The Director shall be appointed and
compensated, without regard to the provisions of title 5
governing appointments in the competitive service, at a rate
payable under section 5376 of title 5, United States Code.
``(2) Subject to the supervision of the Secretary, the
Director shall administer the national sea grant college
program and oversee the operation of the national sea grant
office. In addition to any other duty prescribed by law or
assigned by the Secretary, the Director shall--
``(A) facilitate and coordinate the development of a long-
range strategic plan under subsection (c)(1);
``(B) advise the Secretary with respect to the expertise
and capabilities which are available within or through the
national sea grant college program and encourage the use of
such expertise and capabilities, on a cooperative or other
basis, by other offices and activities within the
Administration, and other Federal departments and agencies;
``(C) advise the Secretary on the designation of sea grant
colleges and sea grant institutes, and, if appropriate, on
the termination or suspension of any such designation; and
``(D) encourage the establishment and growth of sea grant
programs, and cooperation and coordination with other Federal
activities in fields related to ocean, coastal, and Great
Lakes resources.
``(3) With respect to sea grant colleges and sea grant
institutes, the Director shall--
``(A) evaluate the programs of sea grant colleges and sea
grant institutes, using the priorities, guidelines, and
qualifications established by the Secretary;
``(B) subject to the availability of appropriations,
allocate funding among sea grant colleges and sea grant
institutes so as to--
``(i) promote healthy competition among sea grant colleges
and institutes;
``(ii) encourage successful implementation of sea grant
programs; and
``(iii) to the maximum extent consistent with other
provisions of this Act, provide a stable base of funding for
sea grant colleges and institutes; and
``(C) ensure compliance with the guidelines for merit
review under subsection (c)(2).''.
SEC. 6. REPEAL OF SEA GRANT INTERNATIONAL PROGRAM.
Section 3 of the Sea Grant Program Improvement Act of 1976
(33 U.S.C. 1124a) is repealed.
SEC. 7. SEA GRANT COLLEGES AND SEA GRANT INSTITUTES.
Section 207 (33 U.S.C. 1126) is amended to read as follows:
``SEC. 207. SEA GRANT COLLEGES AND SEA GRANT INSTITUTES.
``(a) Designation.--
``(1) A sea grant college or sea grant institute shall meet
the following qualifications:
``(A) have an existing broad base of competence in fields
related to ocean, coastal, and Great Lakes resources;
``(B) make a long-term commitment to the objective in
section 202(b), as determined by the Secretary;
``(C) cooperate with other sea grant colleges and
institutes and other persons to solve problems or meet needs
relating to ocean, coastal, and Great Lakes resources;
``(D) have received financial assistance under section 205
of this title (33 U.S.C. 1124); and
``(E) meet such other qualifications as the Secretary, in
consultation with the panel, considers necessary or
appropriate.
``(2) The Secretary may designate an institution, or an
association or alliance of two or more such institutions, as
a sea grant college if the institution, association, or
alliance --
``(A) meets the qualifications in paragraph (1); and
``(B) maintains a program of research, advisory services,
training, and education in fields related to ocean, coastal,
and Great Lakes resources.
`(3) The Secretary may designate an institution, or an
association or alliance of two or more such institutions, as
a sea grant institute if the institution, association, or
alliance--
``(A) meets the qualifications in paragraph (1); and ``(B)
maintains a program which includes, at a minimum, research
and advisory services.
``(b) Existing Designees.--Any institution, or association
or alliance of two or more such institutions, designated as a
sea grant college or awarded institutional program status by
the Director prior to the date of enactment of this Act,
shall not have to reapply for designation as a sea grant
college or sea grant institute, respectively, after the date
of enactment of this act, if the Director determines that the
institution, or assocation or alliance of institutions, meets
the qualifications in subsection (a).
``(c) Suspension or Termination of Designation.--The
Secretary may, for cause and after an opportunity for
hearing, suspend or terminate any designation under
subsection (a).
``(d) Duties.--Subject to any regulations prescribed or
guidelines established by the Secretary, it shall be the
responsibility of each sea grant college and sea grant
institute--
``(1) to develop and implement, in consultation with the
Secretary and the panel, a program that is consistent with
the guidelines and priorities established under section
204(c); and
``(2) to conduct a merit review of all proposals for grants
and contracts to be awarded under section 205.''.
SEC. 8. REPEAL OF POSTDOCTORAL FELLOWSHIP PROGRAM.
Section 208(c) (33 U.S.C. 208(c)) is repealed.
SEC. 9. SEA GRANT REVIEW PANEL.
(a) Section 209(a)(33 U.S.C. 1128(a)) is amended--
(1) by striking ``; commencement date''; and
(2) by striking the second sentence.
(b) Section 209(b)(33 U.S.C. 1128(b)) is amended--
(1) by striking ``The Panel'' and inserting ``The panel'';
(2) by striking ``and section 3 of the Sea Grant College
Program Improvement Act of 1976'' in paragraph (1); and
(3) by striking ``regional consortia'' in paragraph (3) and
inserting ``institutes''.
(c) Section 209(c)(33 U.S.C. 1128(c)) is amended--
(1) in paragraph (1) by striking ``college, sea grant
regional consortium, or sea grant program'' and inserting
``college or sea grant institute'';
(2) by striking paragraph (5)(A) and inserting the
following:
``(A) receive compensation at a rate established by the
Secretary, not to exceed the maximum daily rate payable under
section 5376 of title 5, United States Code, when actually
engaged in the performance of duties for such panel; and''.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) Grants, Contracts, and Fellowships.--Section 212(a) (33
U.S.C. 1131(a)) is amended to read as follows:
``(a) Authorization.--There is authorized to be
appropriated to carry out this Act--
(1) $55,400,000 for fiscal year 1998;
``(2) $56,500,000 for fiscal year 1999;
``(3) $57,600,000 for fiscal year 2000;
``(4) $58,800,000 for fiscal year 2001; and
``(5) $59,900,000 for fiscal year 2002.''.
(b) Limitation on Certain Funding.--Section 212(b)(1)(33
U.S.C. 1131(b)(1)) is amended to read as follows:
``(b) Program Elements.--
``(1) Limitation.--Of the amount appropriated for each
fiscal year under subsection (a), no more than 6 percent may
be used to fund both the program element contained in section
204(b)(2) and any small business innovation research.''.
Mr. HOLLINGS. Mr. President, I am pleased to join my colleagues in
introducing this important bill to reauthorize the National Sea Grant
College Program. Last year marked the 30th anniversary of the Sea Grant
Program, so it is especially fitting that we propose
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legislation today that will revitalize the program and continue its
effective operation into the next century.
At its core, Sea Grant is a program that brings competitive, high-
quality science to bear on problems affecting our Nation's oceans and
coasts. Sea Grant's top priority is creating new economic opportunities
by forging alliances among academia, government, and industry to
transfer information and technology into the hands of people who can
truly use it. For example, Sea Grant led the development of hybrid
striped bass aquaculture, which has grown from a university
demonstration project to a $6 million fish farming industry in just 6
years. In addition, Sea Grant has an extraordinary record of success in
balancing development with sound marine conservation, working with
citizen-volunteers to clean beaches and monitor environmental quality,
and promoting the effective management of fisheries and other marine
resources for the benefit of future generations.
Sea Grant is a national leader in the field of marine biotechnology,
which has shown enormous promise in truly revolutionizing our use of
marine resources. Marine biotechnology research funded by Sea Grant has
already succeeded in discovering new pharmaceuticals from the sea,
developing new, environmentally-friendly products with a wide range of
applications, improving fisheries management and stock assessments
through advances at the molecular level, and enhancing environmental
remediation through the development of compounds that combat oil spills
and other toxic substances in the marine environment. In South
Carolina, a study on how the Eastern oyster builds its shell laid the
groundwork for the development of alternatives to non-biodegradable
water treatment compounds and detergent additives. Based on this
research, the Donlor Corporation was formed to synthesize and market
these new materials. The company's 50,000 square foot plant will soon
begin operations.
A results-oriented point of exchange, Sea Grant brings Federal and
State managers together providing an opportunity for local and regional
needs to receive national attention. Conversely, national initiatives
are placed on local and regional agendas. This legislation will bolster
such exchanges by giving members of the Sea Grant network throughout
the country a larger voice in planning national initiatives.
Moreover, Sea Grant is training the next century's leaders in marine
policy. Sea Grant graduate student fellowships give marine policy
training to tomorrow's scientists and managers. Efforts like South
Carolina's Sea Partners, a joint program sponsored by the South
Carolina Sea Grant Consortium and the U.S. Coast Guard, reach out to
kindergarten through high school students regarding the problem of
marine pollution. Through such programs, young people become interested
in ocean and coastal issues and develop life-long respect for
conserving the marine environment.
Mr. President, more than a quarter-century ago, the Stratton
Commission outlined a seminal vision for the benefits this Nation could
derive from the oceans and coasts. The Sea Grant Program has played a
vital part in realizing this vision through the application of sound
scientific research to problems affecting our publicly-owned marine
resources. The legislation we are introducing today will strengthen the
Sea Grant Program, improve the procedures by which it operates, clarify
the respective roles of the Federal Government and the universities
that participate in the program, and reduce administrative costs. I
urge all of my colleagues to join me in supporting this important
program and this excellent bill.
______
By Mr. JEFFORDS:
S. 928. A bill to provide for a regional education and workforce
training system in the metropolitan Washington area, to improve the
school facilities of the District of Columbia, and to fund such
activities in part by an income tax on nonresident workers in the
District of Columbia, to be offset by tax credits; to the Committee on
Finance.
the metropolitan washington education and workforce training act of
1997
Mr. JEFFORDS. Mr. President, I am introducing legislation today to
address a problem that has enormous significance for the future of this
Nation and the prosperity of our citizens. This legislation will create
a regional Education and Workforce Training Partnership for the
Washington Metropolitan Area. The partnership created in the Washington
Metropolitan region would serve as a national model and would address
the infrastructure crisis that exists in the District of Columbia
Public Schools. Let me take a moment to explain the importance of this
legislation as a national model.
We face a national economic crisis if we fail to prepare our
workforce for the high-paying technology jobs of the future. As a
nation, we are currently enjoying an extended period of economic
strength, and that is terrific. But we mustn't be lulled into a false
sense of complacency. We have all read and digested the theory of how
the foundation of our economy is shifting from a manufacturing base to
what is now called the global knowledge economy. In the global
knowledge economy, the ability to use critical thinking skills with
advanced technology and information will be at a premium. Technology
proficiency will be required to get and keep a good job. Now, I ask
you, are we really prepared as a nation to be a leader in the global
knowledge economy? Will our workers be surpassed by the workforces of
our competitors overseas?
At present there are 190,000 unfilled high-skilled information
technology jobs at large and mid-sized U.S. companies. These vacancies
are almost equally divided between information technology (IT) and non-
IT companies that rely heavily on advanced technology skills to get the
job done. This shows us, that as we approach the 21st century
technology skills are a must.
In the Washington Metropolitan Area alone there are at least 50,000
jobs--with an average annual salary of $40,000--that cannot be filled
by the local labor market. Local area students are not being prepared
to fill these jobs. Companies have complained to me in meeting after
meeting that they are forced to recruit from other States or from other
countries to try and find people for these positions--and that tactic
is entirely too cost-prohibitive.
The Metropolitan Washington Education and Workforce Training
Improvement Act of 1997 authorizes the establishment of a regional
education and work force training partnership. This partnership is to
be composed of 13 members representing business and education, together
with a government official from the District of Columbia, Maryland, and
Virginia. The partnership will chart a course for reforms and
investments in education and work force training for the D.C.
metropolitan area, making recommendations to the Secretaries of
Education and Labor for grants to fund specific activities so that the
skills of the regional work force will meet the needs of the regions
employers.
By filling the 50,000 IT jobs in the Washington metropolitan area an
additional $3.5 billion annually would be injected into the region's
economy. And, the partnership created by this legislation with its
unique focus on business-education collaboration, would serve as a
model for other regions in the Nation that are facing the same pending
crisis in labor market shortage and economic development.
In addition, this legislation will fulfill another long awaited
promise that we as national leaders living and working in Washington
must see through. I believe we have an obligation to make the Nation's
Capital a model of what education must be as we enter the next century.
The D.C. schools have made administrative progress recently, but the
infrastructure problems are still appalling--requiring, according to a
1996 GSA report, an additional $2 billion for reconstruction and repair
of dilapidated buildings. We must not let the students of the District
of Columbia be sentenced to learning in buildings that would be found
in a war zone. We owe more to the students of our Nation's Capital.
I want to be clear that this legislation would provide initial
Federal funding to help finance the bonding required to reconstruct the
D.C. school infrastructure. No funds would be used towards the present
school administration as they have adequate receipts. The legislation
would also provide funding for the D.C. school reform legislation
passed by the Congress last session.
[[Page S5875]]
I want to see this Metropolitan Washington Education and Workforce
Training Act enacted to help correct our regional labor market shortage
and to serve as a model for the Nation. Through this legislation we can
help fill the high-paying jobs we have available in this region, known
as the Golden Crescent of Maryland, Virginia, and the District, and in
so doing we will make our capital's education system one that is
effective and one we can be proud of. I urge my colleagues to join me
in this important effort.
____________________