[105th Congress Public Law 85]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ85.105]
[[Page 111 STAT. 1629]]
Public Law 105-85
105th Congress
An Act
To authorize appropriations for fiscal year 1998 for military activities
of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe personnel strengths
for such fiscal year for the Armed Forces, and for other
purposes. <<NOTE: Nov. 18, 1997 - [H.R. 1119]>>
Be it enacted by the Senate and House of Representatives of the
United States <<NOTE: National Defense Authorization Act for Fiscal Year
1998.>> 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 specified Army programs.
Sec. 113. M113 vehicle modifications.
Subtitle C--Navy Programs
Sec. 121. New Attack Submarine program.
Sec. 122. CVN-77 nuclear aircraft carrier program.
[[Page 111 STAT. 1630]]
Sec. 123. Exclusion from cost limitation for Seawolf submarine program.
Subtitle D--Air Force Programs
Sec. 131. Authorization for B-2 bomber program.
Sec. 132. ALR radar warning receivers.
Sec. 133. Analysis of requirements for replacement of engines on
military aircraft derived from Boeing 707 aircraft.
Subtitle E--Other Matters
Sec. 141. Pilot program on sales of manufactured articles and services
of certain Army industrial facilities without regard to
availability from domestic sources.
Sec. 142. NATO Joint Surveillance/Target Attack Radar System.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.
Sec. 203. Dual-use technology program.
Sec. 204. Reduction in amount for Federally Funded Research and
Development Centers.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Manufacturing technology program.
Sec. 212. Report on operational field assessments program.
Sec. 213. Joint Strike Fighter program.
Sec. 214. Kinetic energy tactical anti-satellite technology program.
Sec. 215. Micro-satellite technology development program.
Sec. 216. High altitude endurance unmanned vehicle program.
Sec. 217. F-22 aircraft program.
Subtitle C--Ballistic Missile Defense Programs
Sec. 231. National Missile Defense Program.
Sec. 232. Budgetary treatment of amounts for procurement for ballistic
missile
defense programs.
Sec. 233. Cooperative Ballistic Missile Defense program.
Sec. 234. Annual report on threat posed to the United States by weapons
of mass destruction, ballistic missiles, and cruise missiles.
Sec. 235. Director of Ballistic Missile Defense Organization.
Sec. 236. Repeal of required deployment dates for core theater missile
defense
programs.
Subtitle D--Other Matters
Sec. 241. Restructuring of National Oceanographic Partnership Program
organizations.
Sec. 242. Maintenance and repair of real property at Air Force
installations.
Sec. 243. Expansion of eligibility for the Defense Experimental Program
to Stimulate Competitive Research.
Sec. 244. Bioassay testing of veterans exposed to ionizing radiation
during military service.
Sec. 245. Sense of Congress regarding Comanche program.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Fisher House Trust Funds.
Sec. 305. Transfer from National Defense Stockpile Transaction Fund.
Sec. 306. Refurbishment of M1-A1 tanks.
Sec. 307. Operation of prepositioned fleet, National Training Center,
Fort Irwin, California.
Sec. 308. Refurbishment and installation of air search radar.
Sec. 309. Contracted training flight services.
Sec. 310. Procurement technical assistance programs.
Sec. 311. Operation of Fort Chaffee, Arkansas.
Subtitle B--Military Readiness Issues
Sec. 321. Monthly reports on allocation of funds within operation and
maintenance budget subactivities.
[[Page 111 STAT. 1631]]
Sec. 322. Expansion of scope of quarterly readiness reports.
Sec. 323. Semiannual reports on transfers from high-priority readiness
appropriations.
Sec. 324. Annual report on aircraft inventory.
Sec. 325. Administrative actions adversely affecting military training
or other
readiness activities.
Sec. 326. Common measurement of operations tempo and personnel tempo.
Sec. 327. Inclusion of Air Force depot maintenance as operation and
maintenance budget line items.
Sec. 328. Prohibition of implementation of tiered readiness system.
Sec. 329. Report on military readiness requirements of the Armed Forces.
Sec. 330. Assessment of cyclical readiness posture of the Armed Forces.
Sec. 331. Report on military exercises conducted under certain training
exercises programs.
Sec. 332. Report on overseas deployments.
Subtitle C--Environmental Provisions
Sec. 341. Revision of membership terms for Strategic Environmental
Research and Development Program Scientific Advisory Board.
Sec. 342. Amendments to authority to enter into agreements with other
agencies in support of environmental technology
certification.
Sec. 343. Modifications of authority to store and dispose of nondefense
toxic and hazardous materials.
Sec. 344. Annual report on payments and activities in response to fines
and
penalties assessed under environmental laws.
Sec. 345. Annual report on environmental activities of the Department of
Defense overseas.
Sec. 346. Review of existing environmental consequences of the presence
of the Armed Forces in Bermuda.
Sec. 347. Sense of Congress on deployment of United States Armed Forces
abroad for environmental preservation activities.
Sec. 348. Recovery and sharing of costs of environmental restoration at
Department of Defense sites.
Sec. 349. Partnerships for investment in innovative environmental
technologies.
Sec. 350. Procurement of recycled copier paper.
Sec. 351. Pilot program for the sale of air pollution emission reduction
incentives.
Subtitle D--Depot-Level Activities
Sec. 355. Definition of depot-level maintenance and repair.
Sec. 356. Core logistics capabilities of Department of Defense.
Sec. 357. Increase in percentage of depot-level maintenance and repair
that may be contracted for performance by non-government
personnel.
Sec. 358. Annual report on depot-level maintenance and repair.
Sec. 359. Requirement for use of competitive procedures in contracting
for performance of depot-level maintenance and repair
workloads formerly
performed at closed or realigned military installations.
Sec. 360. Clarification of prohibition on management of depot employees
by
constraints on personnel levels.
Sec. 361. Centers of Industrial and Technical Excellence.
Sec. 362. Extension of authority for aviation depots and naval shipyards
to engage in defense-related production and services.
Sec. 363. Repeal of a conditional repeal of certain depot-level
maintenance and
repair laws and a related reporting requirement.
Sec. 364. Personnel reductions, Army depots participating in Army
Workload and Performance System.
Sec. 365. Report on allocation of core logistics activities among
Department of
Defense facilities and private sector facilities.
Sec. 366. Review of use of temporary duty assignments for ship repair
and maintenance.
Sec. 367. Sense of Congress regarding realignment of performance of
ground
communication-electronic workload.
Subtitle E--Commissaries and Nonappropriated Fund Instrumentalities
Sec. 371. Reorganization of laws regarding commissaries and exchanges
and other morale, welfare, and recreation activities.
Sec. 372. Merchandise and pricing requirements for commissary stores.
Sec. 373. Limitation on noncompetitive procurement of brand-name
commercial items for resale in commissary stores.
Sec. 374. Treatment of revenues derived from commissary store
activities.
Sec. 375. Maintenance, repair, and renovation of Armed Forces Recreation
Center, Europe.
[[Page 111 STAT. 1632]]
Sec. 376. Plan for use of public and private partnerships to benefit
morale, welfare, and recreation activities.
Subtitle F--Other Matters
Sec. 381. Assistance to local educational agencies that benefit
dependents of
members of the Armed Forces and Department of Defense
civilian
employees.
Sec. 382. Center for Excellence in Disaster Management and Humanitarian
Assistance.
Sec. 383. Applicability of Federal printing requirements to Defense
Automated Printing Service.
Sec. 384. Study and notification requirements for conversion of
commercial and
industrial type functions to contractor performance.
Sec. 385. Collection and retention of cost information data on converted
services and functions.
Sec. 386. Financial assistance to support additional duties assigned to
Army
National Guard.
Sec. 387. Competitive procurement of printing and duplication services.
Sec. 388. Continuation and expansion of demonstration program to
identify
overpayments made to vendors.
Sec. 389. Development of standard forms regarding performance work
statement and request for proposal for conversion of certain
operational functions of military installations.
Sec. 390. Base operations support for military installations on Guam.
Sec. 391. Warranty claims recovery pilot program.
Sec. 392. Program to investigate fraud, waste, and abuse within
Department of
Defense.
Sec. 393. Multitechnology automated reader card demonstration program.
Sec. 394. Reduction in overhead costs of Inventory Control Points.
Sec. 395. Inventory management.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Permanent end strength levels to support two major regional
contingencies.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Subtitle C--Authorization of Appropriations
Sec. 421. Authorization of appropriations for military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Limitation on number of general and flag officers who may
serve in
positions outside their own service.
Sec. 502. Exclusion of certain retired officers from limitation on
period of recall to active duty.
Sec. 503. Clarification of officers eligible for consideration by
promotion boards.
Sec. 504. Authority to defer mandatory retirement for age of officers
serving as chaplains.
Sec. 505. Increase in number of officers allowed to be frocked to grades
of colonel and Navy captain.
Sec. 506. Increased years of commissioned service for mandatory
retirement of
regular generals and admirals in grades above major general
and rear admiral.
Sec. 507. Uniform policy for requirement of exemplary conduct by
commanding
officers and others in authority.
Sec. 508. Report on the command selection process for District Engineers
of the Army Corps of Engineers.
Subtitle B--Reserve Component Matters
Sec. 511. Individual Ready Reserve activation authority.
Sec. 512. Termination of Mobilization Income Insurance Program.
Sec. 513. Correction of inequities in medical and dental care and death
and disability benefits for reserve members who incur or
aggravate an illness in the line of duty.
[[Page 111 STAT. 1633]]
Sec. 514. Authority to permit non-unit assigned officers to be
considered by vacancy promotion board to general officer
grades.
Sec. 515. Prohibition on use of Air Force Reserve AGR personnel for Air
Force base security functions.
Sec. 516. Involuntary separation of reserve officers in an inactive
status.
Sec. 517. Federal status of service by National Guard members as honor
guards at funerals of veterans.
Subtitle C--Military Technicians
Sec. 521. Authority to retain on the reserve active-status list until
age 60 military technicians in the grade of brigadier
general.
Sec. 522. Military technicians (dual status).
Sec. 523. Non-dual status military technicians.
Sec. 524. Report on feasibility and desirability of conversion of AGR
personnel to military technicians (dual status).
Subtitle D--Measures To Improve Recruit Quality and Reduce Recruit
Attrition
Sec. 531. Reform of military recruiting systems.
Sec. 532. Improvements in medical prescreening of applicants for
military service.
Sec. 533. Improvements in physical fitness of recruits.
Subtitle E--Military Education and Training
Part I--Officer Education Programs
Sec. 541. Requirement for candidates for admission to United States
Naval
Academy to take oath of allegiance.
Sec. 542. Service academy foreign exchange program.
Sec. 543. Reimbursement of expenses incurred for instruction at service
academies of persons from foreign countries.
Sec. 544. Continuation of support to senior military colleges.
Sec. 545. Report on making United States nationals eligible for
participation in Senior Reserve Officers' Training Corps.
Sec. 546. Coordination of establishment and maintenance of Junior
Reserve
Officers' Training Corps units to maximize enrollment and
enhance
efficiency.
Part II--Other Education Matters
Sec. 551. United States Naval Postgraduate School.
Sec. 552. Community College of the Air Force.
Sec. 553. Preservation of entitlement to educational assistance of
members of the Selected Reserve serving on active duty in
support of a contingency
operation.
Part III--Training of Army Drill Sergeants
Sec. 556. Reform of Army drill sergeant selection and training process.
Sec. 557. Training in human relations matters for Army drill sergeant
trainees.
Subtitle F--Commission on Military Training and Gender-Related Issues
Sec. 561. Establishment and composition of Commission.
Sec. 562. Duties.
Sec. 563. Administrative matters.
Sec. 564. Termination of Commission.
Sec. 565. Funding.
Sec. 566. Subsequent consideration by Congress.
Subtitle G--Military Decorations and Awards
Sec. 571. Purple Heart to be awarded only to members of the Armed
Forces.
Sec. 572. Eligibility for Armed Forces Expeditionary Medal for
participation in
Operation Joint Endeavor or Operation Joint Guard.
Sec. 573. Waiver of time limitations for award of certain decorations to
specified persons.
Sec. 574. Clarification of eligibility of members of Ready Reserve for
award of
service medal for heroism.
Sec. 575. One-year extension of period for receipt of recommendations
for decorations and awards for certain military intelligence
personnel.
Sec. 576. Eligibility of certain World War II military organizations for
award of unit decorations.
Sec. 577. Retroactivity of Medal of Honor special pension.
Subtitle H--Military Justice Matters
Sec. 581. Establishment of sentence of confinement for life without
eligibility for parole.
[[Page 111 STAT. 1634]]
Sec. 582. Limitation on appeal of denial of parole for offenders serving
life
sentence.
Subtitle I--Other Matters
Sec. 591. Sexual harassment investigations and reports.
Sec. 592. Sense of the Senate regarding study of matters relating to
gender equity in the Armed Forces.
Sec. 593. Authority for personnel to participate in management of
certain non-
Federal entities.
Sec. 594. Treatment of participation of members in Department of Defense
civil military programs.
Sec. 595. Comptroller General study of Department of Defense civil
military
programs.
Sec. 596. Establishment of public affairs specialty in the Army.
Sec. 597. Grade of defense attache in France.
Sec. 598. Report on crew requirements of WC-130J aircraft.
Sec. 599. Improvement of missing persons authorities applicable to
Department of Defense.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 1998.
Sec. 602. Reform of basic allowance for subsistence.
Sec. 603. Consolidation of basic allowance for quarters, variable
housing allowance, and overseas housing allowances.
Sec. 604. Revision of authority to adjust compensation necessitated by
reform of subsistence and housing allowances.
Sec. 605. Protection of total compensation of members while performing
certain duty.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonuses and special pay
authorities for
reserve forces.
Sec. 612. One-year extension of certain bonuses and special pay
authorities for nurse officer candidates, registered nurses,
and nurse anesthetists.
Sec. 613. One-year extension of authorities relating to payment of other
bonuses and special pays.
Sec. 614. Increase in minimum monthly rate of hazardous duty incentive
pay for certain members.
Sec. 615. Increase in aviation career incentive pay.
Sec. 616. Modification of aviation officer retention bonus.
Sec. 617. Availability of multiyear retention bonus for dental officers.
Sec. 618. Increase in variable and additional special pays for certain
dental officers.
Sec. 619. Availability of special pay for duty at designated hardship
duty locations.
Sec. 620. Definition of sea duty for purposes of career sea pay.
Sec. 621. Modification of Selected Reserve reenlistment bonus.
Sec. 622. Modification of Selected Reserve enlistment bonus for former
enlisted members.
Sec. 623. Expansion of reserve affiliation bonus to include Coast Guard
Reserve.
Sec. 624. Increase in special pay and bonuses for nuclear-qualified
officers.
Sec. 625. Provision of bonuses in lieu of special pay for enlisted
members extending tours of duty at designated locations
overseas.
Sec. 626. Increase in amount of family separation allowance.
Sec. 627. Deadline for payment of Ready Reserve muster duty allowance.
Subtitle C--Travel and Transportation Allowances
Sec. 631. Travel and transportation allowances for dependents before
approval of member's court-martial sentence.
Sec. 632. Dislocation allowance.
Subtitle D--Retired Pay, Survivor Benefits, and Related Matters
Sec. 641. One-year opportunity to discontinue participation in Survivor
Benefit Plan.
Sec. 642. Time in which change in survivor benefit coverage from former
spouse to spouse may be made.
Sec. 643. Review of Federal former spouse protection laws.
Sec. 644. Annuities for certain military surviving spouses.
Sec. 645. Administration of benefits for so-called minimum income
widows.
Subtitle E--Other Matters
Sec. 651. Loan repayment program for commissioned officers in certain
health
professions.
[[Page 111 STAT. 1635]]
Sec. 652. Conformance of NOAA commissioned officers separation pay to
separation pay for members of other uniformed services.
Sec. 653. Eligibility of Public Health Service officers and NOAA
commissioned corps officers for reimbursement of adoption
expenses.
Sec. 654. Payment of back quarters and subsistence allowances to World
War II veterans who served as guerrilla fighters in the
Philippines.
Sec. 655. Subsistence of members of the Armed Forces above the poverty
level.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Services
Sec. 701. Expansion of retiree dental insurance plan to include
surviving spouse and child dependents of certain deceased
members.
Sec. 702. Provision of prosthetic devices to covered beneficiaries.
Sec. 703. Study concerning the provision of comparative information.
Subtitle B--TRICARE Program
Sec. 711. Addition of definition of TRICARE program to title 10.
Sec. 712. Plan for expansion of managed care option of TRICARE program.
Subtitle C--Uniformed Services Treatment Facilities
Sec. 721. Implementation of designated provider agreements for Uniformed
Services Treatment Facilities.
Sec. 722. Continued acquisition of reduced-cost drugs.
Sec. 723. Limitation on total payments.
Subtitle D--Other Changes to Existing Laws Regarding Health Care
Management
Sec. 731. Improvements in health care coverage and access for members
assigned to certain duty locations far from sources of care.
Sec. 732. Waiver or reduction of copayments under overseas dental
program.
Sec. 733. Premium collection requirements for medical and dental
insurance
programs; extension of deadline for implementation of dental
insurance program for military retirees.
Sec. 734. Dental insurance plan coverage for retirees of the Public
Health Service and NOAA.
Sec. 735. Consistency between CHAMPUS and Medicare in payment rates for
services.
Sec. 736. Use of personal services contracts for provision of health
care services and legal protection for providers.
Sec. 737. Portability of State licenses for Department of Defense health
care
professionals.
Sec. 738. Standard form and requirements regarding claims for payment
for
services.
Sec. 739. Chiropractic health care demonstration program.
Subtitle E--Other Matters
Sec. 741. Continued admission of civilians as students in physician
assistant
training program of Army Medical Department.
Sec. 742. Payment for emergency health care overseas for military and
civilian
personnel of the On-Site Inspection Agency.
Sec. 743. Authority for agreement for use of medical resource facility,
Alamogordo, New Mexico.
Sec. 744. Disclosures of cautionary information on prescription
medications.
Sec. 745. Competitive procurement of certain ophthalmic services.
Sec. 746. Comptroller General study of adequacy and effect of maximum
allowable charges for physicians under CHAMPUS.
Sec. 747. Comptroller General study of Department of Defense pharmacy
programs.
Sec. 748. Comptroller General study of Navy graduate medical education
program.
Sec. 749. Study of expansion of pharmaceuticals by mail program to
include
additional Medicare-eligible covered beneficiaries.
Sec. 750. Comptroller General study of requirement for military medical
facilities in National Capital Region.
Sec. 751. Report on policies and programs to promote healthy lifestyles
for
members of the Armed Forces and their dependents.
Sec. 752. Sense of Congress regarding quality health care for retirees.
Subtitle F--Persian Gulf Illness
Sec. 761. Definitions.
Sec. 762. Plan for health care services for Persian Gulf veterans.
[[Page 111 STAT. 1636]]
Sec. 763. Comptroller General study of revised disability criteria for
physical
evaluation boards.
Sec. 764. Medical care for certain reserves who served in Southwest Asia
during the Persian Gulf War.
Sec. 765. Improved medical tracking system for members deployed overseas
in
contingency or combat operations.
Sec. 766. Notice of use of investigational new drugs or drugs unapproved
for their applied use.
Sec. 767. Report on plans to track location of members in a theater of
operations.
Sec. 768. Sense of Congress regarding the deployment of specialized
units for
detecting and monitoring chemical, biological, and similar
hazards in a theater of operations.
Sec. 769. Report on effectiveness of research efforts regarding Gulf War
illnesses.
Sec. 770. Persian Gulf illness clinical trials program.
Sec. 771. Sense of Congress concerning Gulf War illness.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 801. Expansion of authority to enter into contracts crossing fiscal
years to all severable service contracts not exceeding a
year.
Sec. 802. Vesting of title in the United States under contracts paid
under progress payment arrangements or similar arrangements.
Sec. 803. Restriction on undefinitized contract actions.
Sec. 804. Limitation and report on payment of restructuring costs under
defense contracts.
Sec. 805. Increased price limitation on purchases of right-hand drive
vehicles.
Sec. 806. Multiyear procurement contracts.
Sec. 807. Audit of procurement of military clothing and clothing-related
items by military installations in the United States.
Sec. 808. Limitation on allowability of compensation for certain
contractor personnel.
Sec. 809. Elimination of certification requirement for grants.
Sec. 810. Repeal of limitation on adjustment of shipbuilding contracts.
Sec. 811. Item-by-item and country-by-country waivers of domestic source
limitations.
Subtitle B--Acquisition Assistance Programs
Sec. 821. One-year extension of pilot mentor-protege program.
Sec. 822. Test program for negotiation of comprehensive subcontracting
plans.
Subtitle C--Administrative Provisions
Sec. 831. Retention of expired funds during the pendency of contract
litigation.
Sec. 832. Protection of certain information from disclosure.
Sec. 833. Unit cost reports.
Sec. 834. Plan for providing contracting information to general public
and small businesses.
Sec. 835. Two-year extension of crediting of certain purchases toward
meeting
subcontracting goals.
Subtitle D--Other Matters
Sec. 841. Repeal of certain acquisition requirements and reports.
Sec. 842. Use of major range and test facility installations by
commercial entities.
Sec. 843. Requirement to develop and maintain list of firms not eligible
for defense contracts.
Sec. 844. Sense of Congress regarding allowability of costs of employee
stock ownership plans.
Sec. 845. Expansion of personnel eligible to participate in
demonstration project
relating to acquisition workforce.
Sec. 846. Time for submission of annual report relating to Buy American
Act.
Sec. 847. Repeal of requirement for contractor guarantees on major
weapon
systems.
Sec. 848. Requirements relating to micro-purchases.
Sec. 849. Promotion rate for officers in an acquisition corps.
Sec. 850. Use of electronic commerce in Federal procurement.
Sec. 851. Conformance of policy on performance based management of
civilian
acquisition programs with policy established for defense
acquisition
programs.
[[Page 111 STAT. 1637]]
Sec. 852. Modification of process requirements for the solutions-based
contracting pilot program.
Sec. 853. Guidance and standards for defense acquisition workforce
training
requirements.
Sec. 854. Study and report to Congress assessing dependence on foreign
sources for resistors and capacitors.
Sec. 855. Department of Defense and Federal Prison Industries joint
study.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Positions and Organizations and Other
General Matters
Sec. 901. Assistants to the Chairman of the Joint Chiefs of Staff for
National Guard matters and for Reserve matters.
Sec. 902. Use of CINC Initiative Fund for force protection.
Sec. 903. Revision to required frequency for provision of policy
guidance for contingency plans.
Sec. 904. Annual justification for Department of Defense advisory
committees.
Sec. 905. Airborne reconnaissance management.
Sec. 906. Termination of the Armed Services Patent Advisory Board.
Sec. 907. Coordination of Department of Defense criminal investigations
and
audits.
Subtitle B--Department of Defense Personnel Management
Sec. 911. Reduction in personnel assigned to management headquarters and
headquarters support activities.
Sec. 912. Defense acquisition workforce.
Subtitle C--Department of Defense Schools and Centers
Sec. 921. Professional military education schools.
Sec. 922. Center for Hemispheric Defense Studies.
Sec. 923. Correction to reference to George C. Marshall European Center
for
Security Studies.
Subtitle D--Department of Defense Intelligence-Related Matters
Sec. 931. Transfer of certain military department programs from TIARA
budget
aggregation.
Sec. 932. Report on coordination of access of commanders and deployed
units to
intelligence collected and analyzed by the intelligence
community.
Sec. 933. Protection of imagery, imagery intelligence, and geospatial
information and data.
Sec. 934. POW/MIA intelligence analysis.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Authority for obligation of unauthorized fiscal year 1997
defense appropriations.
Sec. 1004. Authorization of prior emergency supplemental appropriations
for fiscal year 1997.
Sec. 1005. Increase in fiscal year 1996 transfer authority.
Sec. 1006. Revision of authority for Fisher House trust funds.
Sec. 1007. Flexibility in financing closure of certain outstanding
contracts for which a small final payment is due.
Sec. 1008. Biennial financial management improvement plan.
Sec. 1009. Estimates and requests for procurement and military
construction for the reserve components.
Sec. 1010. Sense of Congress regarding funding for reserve component
modernization not requested in President's budget.
Sec. 1011. Management of working-capital funds.
Sec. 1012. Authority of Secretary of Defense to settle claims relating
to pay,
allowances, and other benefits.
Sec. 1013. Payment of claims by members for loss of personal property
due to
flooding in Red River Basin.
Sec. 1014. Advances for payment of public services.
Sec. 1015. United States Man and the Biosphere Program limitation.
Subtitle B--Naval Vessels and Shipyards
Sec. 1021. Procedures for sale of vessels stricken from the Naval Vessel
Register.
[[Page 111 STAT. 1638]]
Sec. 1022. Authority to enter into a long-term charter for a vessel in
support of the Surveillance Towed-Array Sensor (SURTASS)
program.
Sec. 1023. Transfer of two specified obsolete tugboats of the Army.
Sec. 1024. Congressional review period with respect to transfer of ex-
U.S.S. Hornet (CV-12) and ex-U.S.S. Midway (CV-41).
Sec. 1025. Transfers of naval vessels to certain foreign countries.
Sec. 1026. Reports relating to export of vessels that may contain
polychlorinated biphenyls.
Sec. 1027. Conversion of defense capability preservation authority to
Navy shipbuilding capability preservation authority.
Subtitle C--Counter-Drug Activities
Sec. 1031. Use of National Guard for State drug interdiction and
counter-drug
activities.
Sec. 1032. Authority to provide additional support for counter-drug
activities of
Mexico.
Sec. 1033. Authority to provide additional support for counter-drug
activities of Peru and Colombia.
Sec. 1034. Annual report on development and deployment of narcotics
detection technologies.
Subtitle D--Miscellaneous Report Requirements and Repeals
Sec. 1041. Repeal of miscellaneous reporting requirements.
Sec. 1042. Study of transfer of modular airborne fire fighting system.
Sec. 1043. Overseas infrastructure requirements.
Sec. 1044. Additional matters for annual report on activities of the
General
Accounting Office.
Sec. 1045. Eye safety at small arms firing ranges.
Sec. 1046. Reports on Department of Defense procedures for investigating
military aviation accidents and for notifying and assisting
families of victims.
Subtitle E--Matters Relating to Terrorism
Sec. 1051. Oversight of counterterrorism and antiterrorism activities;
report.
Sec. 1052. Provision of adequate troop protection equipment for Armed
Forces
personnel engaged in peace operations; report on
antiterrorism activities and protection of personnel.
Subtitle F--Matters Relating to Defense Property
Sec. 1061. Lease of nonexcess personal property of military departments.
Sec. 1062. Lease of nonexcess property of Defense Agencies.
Sec. 1063. Donation of excess chapel property to churches damaged or
destroyed by arson or other acts of terrorism.
Sec. 1064. Authority of the Secretary of Defense concerning disposal of
assets under cooperative agreements on air defense in Central
Europe.
Sec. 1065. Sale of excess, obsolete, or unserviceable ammunition and
ammunition components.
Sec. 1066. Transfer of B-17 aircraft to museum.
Sec. 1067. Report on disposal of excess and surplus materials.
Subtitle G--Other Matters
Sec. 1071. Authority for special agents of the Defense Criminal
Investigative
Service to execute warrants and make arrests.
Sec. 1072. Study of investigative practices of military criminal
investigative organizations relating to sex crimes.
Sec. 1073. Technical and clerical amendments.
Sec. 1074. Sustainment and operation of the Global Positioning System.
Sec. 1075. Protection of safety-related information voluntarily provided
by air
carriers.
Sec. 1076. National Guard Challenge Program to create opportunities for
civilian youth.
Sec. 1077. Disqualification from certain burial-related benefits for
persons
convicted of capital crimes.
Sec. 1078. Restrictions on the use of human subjects for testing of
chemical or
biological agents.
Sec. 1079. Treatment of military flight operations.
Sec. 1080. Naturalization of certain foreign nationals who serve
honorably in the Armed Forces during a period of conflict.
Sec. 1081. Applicability of certain pay authorities to members of
specified independent study organizations.
Sec. 1082. Display of POW/MIA flag.
[[Page 111 STAT. 1639]]
Sec. 1083. Program to commemorate 50th anniversary of the Korean
conflict.
Sec. 1084. Commendation of members of the Armed Forces and Government
civilian personnel who served during the Cold War;
certificate of recognition.
Sec. 1085. Sense of Congress on granting of statutory Federal charters.
Sec. 1086. Sense of Congress regarding military voting rights.
Sec. 1087. Designation of Bob Hope as an honorary veteran of the Armed
Forces of the United States.
Sec. 1088. Five-year extension of aviation insurance program.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Sec. 1101. Use of prohibited constraints to manage Department of Defense
personnel.
Sec. 1102. Veterans' preference status for certain veterans who served
on active duty during the Persian Gulf War.
Sec. 1103. Repeal of deadline for placement consideration of
involuntarily
separated military reserve technicians.
Sec. 1104. Rate of pay of Department of Defense overseas teachers upon
transfer to General Schedule position.
Sec. 1105. Garnishment and involuntary allotment.
Sec. 1106. Extension and revision of voluntary separation incentive pay
authority.
Sec. 1107. Use of approved fire-safe accommodations by Government
employees on official business.
Sec. 1108. Navy higher education pilot program regarding administration
of
business relationships between Government and private sector.
Sec. 1109. Authority for Marine Corps University to employ civilian
faculty
members.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
Subtitle A--United States Armed Forces in Bosnia and Herzegovina
Sec. 1201. Findings.
Sec. 1202. Sense of Congress.
Sec. 1203. Withdrawal of United States ground forces from Republic of
Bosnia and Herzegovina.
Sec. 1204. Secretary of Defense reports on tasks carried out by United
States forces.
Sec. 1205. Presidential report on situation in Republic of Bosnia and
Herzegovina.
Sec. 1206. Definitions.
Subtitle B--Export Controls on High Performance Computers
Sec. 1211. Export approvals for high performance computers.
Sec. 1212. Report on exports of high performance computers.
Sec. 1213. Post-shipment verification of export of high performance
computers.
Sec. 1214. GAO study on certain computers; end user information
assistance.
Sec. 1215. Congressional committees.
Subtitle C--Other Matters
Sec. 1221. Defense burdensharing.
Sec. 1222. Temporary use of general purpose vehicles and nonlethal
military equipment under acquisition and cross servicing
agreements.
Sec. 1223. Sense of Congress and reports regarding financial costs of
enlargement of the North Atlantic Treaty Organization.
Sec. 1224. Sense of Congress regarding enlargement of the North Atlantic
Treaty Organization.
Sec. 1225. Sense of the Congress relating to level of United States
military personnel in the East Asia and Pacific region.
Sec. 1226. Report on future military capabilities and strategy of the
People's
Republic of China.
Sec. 1227. Sense of Congress on need for Russian openness on the
Yamantau Mountain project.
Sec. 1228. Assessment of the Cuban threat to United States national
security.
Sec. 1229. Report on Helsinki Joint statement.
Sec. 1230. Commendation of Mexico on free and fair elections.
Sec. 1231. Sense of Congress regarding Cambodia.
Sec. 1232. Congratulating Governor Christopher Patten of Hong Kong.
TITLE XIII--ARMS CONTROL AND RELATED MATTERS
Sec. 1301. Presidential report concerning detargeting of Russian
strategic missiles.
Sec. 1302. Limitation on retirement or dismantlement of strategic
nuclear delivery systems.
Sec. 1303. Assistance for facilities subject to inspection under the
Chemical
Weapons Convention.
[[Page 111 STAT. 1640]]
Sec. 1304. Transfers of authorizations for high-priority
counterproliferation
programs.
Sec. 1305. Advice to the President and Congress regarding the safety,
security, and reliability of United States nuclear weapons
stockpile.
Sec. 1306. Reconstitution of commission to assess the ballistic missile
threat to the United States.
Sec. 1307. Sense of Congress regarding the relationship between United
States
obligations under the Chemical Weapons Convention and
environmental laws.
Sec. 1308. Extension of counterproliferation authorities for support of
United
Nations Special Commission on Iraq.
Sec. 1309. Annual report on moratorium on use by Armed Forces of
antipersonnel landmines.
TITLE XIV--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
UNION
Sec. 1401. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1402. Funding allocations.
Sec. 1403. Prohibition on use of funds for specified purposes.
Sec. 1404. Limitation on use of funds for projects related to START II
Treaty until submission of certification.
Sec. 1405. Limitation on use of funds for chemical weapons destruction
facility.
Sec. 1406. Limitation on use of funds for destruction of chemical
weapons.
Sec. 1407. Limitation on use of funds for storage facility for Russian
fissile
material.
Sec. 1408. Limitation on use of funds for weapons storage security.
Sec. 1409. Report on issues regarding payment of taxes, duties, and
other
assessments on assistance provided to Russia under
Cooperative Threat Reduction programs.
Sec. 1410. Availability of funds.
TITLE XV--FEDERAL CHARTER FOR THE AIR FORCE SERGEANTS ASSOCIATION
Sec. 1501. Recognition and grant of Federal charter.
Sec. 1502. Powers.
Sec. 1503. Purposes.
Sec. 1504. Service of process.
Sec. 1505. Membership.
Sec. 1506. Board of directors.
Sec. 1507. Officers.
Sec. 1508. Restrictions.
Sec. 1509. Liability.
Sec. 1510. Maintenance and inspection of books and records.
Sec. 1511. Audit of financial transactions.
Sec. 1512. Annual report.
Sec. 1513. Reservation of right to alter, amend, or repeal charter.
Sec. 1514. Tax-exempt status required as condition of charter.
Sec. 1515. Termination.
Sec. 1516. Definition of State.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Correction in authorized uses of funds, 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 Naval
Station, Pascagoula, Mississippi, for which funds have been
appropriated.
[[Page 111 STAT. 1641]]
Sec. 2206. Increase in authorization for military construction projects
at Naval
Station Roosevelt Roads, Puerto Rico.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Authorization of military construction project at McConnell
Air Force Base, Kansas, for which funds have been
appropriated.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Military housing planning and design.
Sec. 2403. Improvements to military family housing units.
Sec. 2404. Energy conservation projects.
Sec. 2405. Authorization of appropriations, Defense Agencies.
Sec. 2406. Clarification of authority relating to fiscal year 1997
project at Naval
Station, Pearl Harbor, Hawaii.
Sec. 2407. Correction in authorized uses of funds, McClellan Air Force
Base,
California.
Sec. 2408. Modification of authority to carry out certain fiscal year
1995 projects.
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 military construction projects for which
funds have been appropriated.
Sec. 2603. Army Reserve construction project, Camp Williams, Utah.
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 authorizations of certain fiscal year 1993
projects.
Sec. 2705. Extension of authorizations of certain fiscal year 1992
projects.
Sec. 2706. Extension of availability of funds for construction of
relocatable over-the-horizon radar, Naval Station Roosevelt
Roads, Puerto Rico.
Sec. 2707. Effective date.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Use of mobility enhancement funds for unspecified minor
construction.
Sec. 2802. Limitation on use of operation and maintenance funds for
facility repair projects.
Sec. 2803. Leasing of military family housing, United States Southern
Command, Miami, Florida.
Sec. 2804. Use of financial incentives provided as part of energy
savings and water conservation activities.
Sec. 2805. Congressional notification requirements regarding use of
Department of Defense housing funds for investments in
nongovernmental entities.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Increase in ceiling for minor land acquisition projects.
Sec. 2812. Permanent authority regarding conveyance of utility systems.
Sec. 2813. Administrative expenses for certain real property
transactions.
Sec. 2814. Screening of real property to be conveyed by Department of
Defense.
Sec. 2815. Disposition of proceeds from sale of Air Force Plant 78,
Brigham City, Utah.
Sec. 2816. Fire protection and hazardous materials protection at Fort
Meade,
Maryland.
Subtitle C--Defense Base Closure and Realignment
Sec. 2821. Consideration of military installations as sites for new
Federal facilities.
[[Page 111 STAT. 1642]]
Sec. 2822. Adjustment and diversification assistance to enhance
performance of
military family support services by private sector sources.
Sec. 2823. Security, fire protection, and other services at property
formerly associated with Red River Army Depot, Texas.
Sec. 2824. Report on closure and realignment of military installations.
Sec. 2825. Sense of Senate regarding utilization of savings derived from
base
closure process.
Sec. 2826. Prohibition against certain conveyances of property at Naval
Station, Long Beach, California.
Subtitle D--Land Conveyances
Part I--Army Conveyances
Sec. 2831. Land conveyance, Army Reserve Center, Greensboro, Alabama.
Sec. 2832. Land conveyance, James T. Coker Army Reserve Center, Durant,
Oklahoma.
Sec. 2833. Land conveyance, Gibson Army Reserve Center, Chicago,
Illinois.
Sec. 2834. Land conveyance, Fort A. P. Hill, Virginia.
Sec. 2835. Land conveyances, Fort Dix, New Jersey.
Sec. 2836. Land conveyances, Fort Bragg, North Carolina.
Sec. 2837. Land conveyance, Hawthorne Army Ammunition Depot, Mineral
County, Nevada.
Sec. 2838. Expansion of land conveyance authority, Indiana Army
Ammunition Plant, Charlestown, Indiana.
Sec. 2839. Modification of land conveyance, Lompoc, California.
Sec. 2840. Modification of land conveyance, Rocky Mountain Arsenal,
Colorado.
Sec. 2841. Correction of land conveyance authority, Army Reserve Center,
Anderson, South Carolina.
Part II--Navy Conveyances
Sec. 2851. Land conveyance, Topsham Annex, Naval Air Station, Brunswick,
Maine.
Sec. 2852. Land conveyance, Naval Weapons Industrial Reserve Plant No.
464,
Oyster Bay, New York.
Sec. 2853. Correction of lease authority, Naval Air Station, Meridian,
Mississippi.
Part III--Air Force Conveyances
Sec. 2861. Land transfer, Eglin Air Force Base, Florida.
Sec. 2862. Land conveyance, March Air Force Base, California.
Sec. 2863. Land conveyance, Ellsworth Air Force Base, South Dakota.
Sec. 2864. Land conveyance, Hancock Field, Syracuse, New York.
Sec. 2865. Land conveyance, Havre Air Force Station, Montana, and Havre
Training Site, Montana.
Sec. 2866. Land conveyance, Charleston Family Housing Complex, Bangor,
Maine.
Sec. 2867. Study of land exchange options, Shaw Air Force Base, South
Carolina.
Subtitle E--Other Matters
Sec. 2871. Repeal of requirement to operate Naval Academy dairy farm.
Sec. 2872. Long-term lease of property, Naples, Italy.
Sec. 2873. Designation of military family housing at Lackland Air Force
Base, Texas, in honor of Frank Tejeda, a former Member of the
House of
Representatives.
Sec. 2874. Fiber-optics based telecommunications linkage of military
installations.
TITLE XXIX--SIKES ACT IMPROVEMENT
Sec. 2901. Short title.
Sec. 2902. Definition of Sikes Act for purposes of amendments.
Sec. 2903. Codification of short title of Act.
Sec. 2904. Preparation of integrated natural resources management plans.
Sec. 2905. Review for preparation of integrated natural resources
management plans.
Sec. 2906. Transfer of wildlife conservation fees from closed military
installations.
Sec. 2907. Annual reviews and reports.
Sec. 2908. Cooperative agreements.
Sec. 2909. Federal enforcement.
Sec. 2910. Natural resources management services.
Sec. 2911. Definitions.
Sec. 2912. Repeal of superseded provision.
Sec. 2913. Technical amendments.
Sec. 2914. Authorizations of appropriations.
[[Page 111 STAT. 1643]]
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 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.
Sec. 3129. Transfers of defense environmental management funds.
Subtitle C--Program Authorizations, Restrictions, and Limitations
Sec. 3131. Memorandum of understanding for use of national laboratories
for
ballistic missile defense programs.
Sec. 3132. Defense environmental management privatization projects.
Sec. 3133. International cooperative stockpile stewardship.
Sec. 3134. Modernization of enduring nuclear weapons complex.
Sec. 3135. Tritium production.
Sec. 3136. Processing, treatment, and disposition of spent nuclear fuel
rods and other legacy nuclear materials at the Savannah River
Site.
Sec. 3137. Limitations on use of funds for laboratory directed research
and development purposes.
Sec. 3138. Pilot program relating to use of proceeds of disposal or
utilization of
certain Department of Energy assets.
Sec. 3139. Modification and extension of authority relating to
appointment of
certain scientific, engineering, and technical personnel.
Sec. 3140. Limitation on use of funds for subcritical nuclear weapons
tests.
Sec. 3141. Limitation on use of certain funds until future use plans are
submitted.
Subtitle D--Other Matters
Sec. 3151. Plan for stewardship, management, and certification of
warheads in the nuclear weapons stockpile.
Sec. 3152. Repeal of obsolete reporting requirements.
Sec. 3153. Study and funding relating to implementation of workforce
restructuring plans.
Sec. 3154. Report and plan for external oversight of national
laboratories.
Sec. 3155. University-based research collaboration program.
Sec. 3156. Stockpile stewardship program.
Sec. 3157. Reports on advanced supercomputer sales to certain foreign
nations.
Sec. 3158. Transfers of real property at certain Department of Energy
facilities.
Sec. 3159. Requirement to delegate certain authorities to site manager
of Hanford Reservation.
Sec. 3160. Submittal of biennial waste management reports.
Sec. 3161. Department of Energy Security Management Board.
Sec. 3162. Submittal of annual report on status of security functions at
nuclear weapons facilities.
Sec. 3163. Modification of authority on Commission on Maintaining United
States Nuclear Weapons Expertise.
Sec. 3164. Land transfer, Bandelier National Monument.
Sec. 3165. Final settlement of Department of Energy community assistance
obligations with respect to Los Alamos National Laboratory,
New Mexico.
Sec. 3166. Sense of Congress regarding the Y-12 Plant in Oak Ridge,
Tennessee.
Sec. 3167. Support for public education in the vicinity of Los Alamos
National
Laboratory, New Mexico.
Sec. 3168. Improvements to Greenville Road, Livermore, California.
[[Page 111 STAT. 1644]]
Sec. 3169. Report on alternative system for availability of funds.
Sec. 3170. Report on remediation under the Formerly Utilized Sites
Remedial
Action Program.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Report on external regulation of defense nuclear facilities.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Definitions.
Sec. 3302. Authorized uses of stockpile funds.
Sec. 3303. Disposal of beryllium copper master alloy in National Defense
Stockpile.
Sec. 3304. Disposal of titanium sponge in National Defense Stockpile.
Sec. 3305. Disposal of cobalt in National Defense Stockpile.
Sec. 3306. Required procedures for disposal of strategic and critical
materials.
Sec. 3307. Return of surplus platinum from the Department of the
Treasury.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
Sec. 3402. Price requirement on sale of certain petroleum during fiscal
year 1998.
Sec. 3403. Repeal of requirement to assign Navy officers to Office of
Naval
Petroleum and Oil Shale Reserves.
Sec. 3404. Transfer of jurisdiction, Naval Oil Shale Reserves Numbered 1
and 3.
TITLE XXXV--PANAMA CANAL COMMISSION
Subtitle A--Authorization of Expenditures From Revolving Fund
Sec. 3501. Short title.
Sec. 3502. Authorization of expenditures.
Sec. 3503. Purchase of vehicles.
Sec. 3504. Expenditures only in accordance with treaties.
Subtitle B--Facilitation of Panama Canal Transition
Sec. 3511. Short title; references.
Sec. 3512. Definitions relating to canal transition.
Part I--Transition Matters Relating to Commission Officers and Employees
Sec. 3521. Authority for the Administrator of the Commission to accept
appointment as the Administrator of the Panama Canal
Authority.
Sec. 3522. Post-Canal transfer personnel authorities.
Sec. 3523. Enhanced authority of Commission to establish compensation of
Commission officers and employees.
Sec. 3524. Travel, transportation, and subsistence expenses for
Commission personnel no longer subject to Federal travel
regulation.
Sec. 3525. Enhanced recruitment and retention authorities.
Sec. 3526. Transition separation incentive payments.
Sec. 3527. Labor-management relations.
Sec. 3528. Availability of Panama Canal Revolving Fund for severance pay
for
certain employees separated by Panama Canal Authority after
Canal Transfer Date.
Part II--Transition Matters Relating to Operation and Administration of
Canal
Sec. 3541. Establishment of procurement system and Board of Contract
Appeals.
Sec. 3542. Transactions with the Panama Canal Authority.
Sec. 3543. Time limitations on filing of claims for damages.
Sec. 3544. Tolls for small vessels.
Sec. 3545. Date of actuarial evaluation of FECA liability.
Sec. 3546. Appointment of notaries public.
Sec. 3547. Commercial services.
Sec. 3548. Transfer from President to Commission of certain regulatory
functions
relating to employment classification appeals.
Sec. 3549. Enhanced printing authority.
Sec. 3550. Technical and conforming amendments.
TITLE XXXVI--MARITIME ADMINISTRATION
Sec. 3601. Authorization of appropriations for fiscal year 1998.
Sec. 3602. Repeal of obsolete annual report requirement concerning
relative cost of shipbuilding in the various coastal
districts of the United States.
Sec. 3603. Provisions relating to maritime security fleet program.
[[Page 111 STAT. 1645]]
Sec. 3604. Authority to utilize replacement vessels and capacity.
Sec. 3605. Authority to convey National Defense Reserve Fleet vessel.
Sec. 3606. Determination of gross tonnage for purposes of tank vessel
double hull requirements.
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.
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 specified Army programs.
Sec. 113. M113 vehicle modifications.
Subtitle C--Navy Programs
Sec. 121. New Attack Submarine program.
Sec. 122. CVN-77 nuclear aircraft carrier program.
Sec. 123. Exclusion from cost limitation for Seawolf submarine program.
Subtitle D--Air Force Programs
Sec. 131. Authorization for B-2 bomber program.
Sec. 132. ALR radar warning receivers.
Sec. 133. Analysis of requirements for replacement of engines on
military aircraft derived from Boeing 707 aircraft.
Subtitle E--Other Matters
Sec. 141. Pilot program on sales of manufactured articles and services
of certain Army industrial facilities without regard to
availability from domestic sources.
Sec. 142. NATO Joint Surveillance/Target Attack Radar System.
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, $1,316,233,000.
(2) For missiles, $742,639,000.
[[Page 111 STAT. 1646]]
(3) For weapons and tracked combat vehicles, $1,297,641,000.
(4) For ammunition, $1,011,193,000.
(5) For other procurement, $2,566,208,000.
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, $6,437,330,000.
(2) For weapons, including missiles and torpedoes,
$1,089,443,000.
(3) For shipbuilding and conversion, $8,195,269,000.
(4) For other procurement, $2,970,867,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 1998 for procurement for the Marine Corps in the amount
of $460,081,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby authorized
to be appropriated for procurement of ammunition for the Navy and the
Marine Corps in the amount of $364,744,000.
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, $6,425,749,000.
(2) For missiles, $2,376,301,000.
(3) For ammunition, $398,534,000.
(4) For other procurement, $6,543,580,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 1998
for Defense-wide procurement in the amount of $2,057,150,000.
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, $70,000,000.
(2) For the Air National Guard, $303,000,000.
(3) For the Army Reserve, $75,000,000.
(4) For the Naval Reserve, $80,000,000.
(5) For the Air Force Reserve, $50,000,000.
(6) For the Marine Corps Reserve, $65,000,000.
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 hereby authorized to be appropriated for fiscal year 1998
the amount of $600,700,000 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.
[[Page 111 STAT. 1647]]
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 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 80 percent of the total of the
amounts authorized to be appropriated pursuant to section 101(1),
105(1), and 105(3) for modifications or upgrades of helicopters may be
obligated before the date that is 30 days after the date on which 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
include 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) Relationship to Future-Years Defense Program.--The Secretary of
the Army shall design the plan under subsection (a) so that the plan
could be implemented within the funding levels expected to be available
for Army aircraft programs in the next future-years defense program to
be submitted to Congress pursuant to section 221(a) of title 10, United
States Code. The Secretary shall include in the plan a certification
that the program of the Army prepared for inclusion in the future-years
defense program submitted to Congress in 1998 pursuant to section 221(a)
of title 10, United States Code, included full funding for
implementation of the plan.
[[Page 111 STAT. 1648]]
SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR SPECIFIED ARMY PROGRAMS.
(a) 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 procurement of the AH-64D
Longbow Apache fire control radar.
(b) Medium Tactical Vehicles.--Beginning with the fiscal year 1998
program year, the Secretary of the Army may, in accordance with section
2306b of title 10, United States Code, enter into a multiyear
procurement contract for procurement of vehicles of the Family of Medium
Tactical Vehicles. The contract may be for a term of four years and may
include an option to extend the contract for one additional year.
SEC. 113. M113 VEHICLE MODIFICATIONS.
Of the amount made available for the Army pursuant to section
101(3), $35,244,000 shall be available only for the procurement and
installation of A3 upgrade kits for the M113 vehicle.
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
[[Page 111 STAT. 1649]]
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. CVN-77 NUCLEAR AIRCRAFT CARRIER PROGRAM.
(a) Authorization of Ship.--The Secretary of the Navy is authorized
to procure the aircraft carrier to be designated CVN-77, subject to the
availability of appropriations for that purpose.
(b) Amount Authorized From SCN Account.--Of the amount authorized to
be appropriated by section 102(a)(3) for fiscal year 1998, $50,000,000
is available for the advance procurement and advance construction of
components (including nuclear components) for the CVN-77 aircraft
carrier program. The Secretary of the Navy may enter into a contract or
contracts with the shipbuilder and other entities for the advance
procurement and advance construction of those components.
(c) Other Funds.--Of the funds authorized to be appropriated under
this Act for programs, projects, and activities of the military
departments and Defense Agencies, other than the CVN-77 aircraft carrier
program, up to $295,000,000 may be made available, as the Secretary of
Defense may direct, for the CVN-77 aircraft carrier program. Authority
to make transfers under this subsection is in addition to the transfer
authority provided in section 1001.
(d) Management of Funds.--The Secretary of the Navy shall obligate
and expend the funds available for advance procurement and advance
construction of components for the CVN-77 aircraft carrier program for
fiscal year 1998 in a manner that is designed
[[Page 111 STAT. 1650]]
to result in such cost savings as may be required in order to meet the
cost limitation specified in subsection (f).
(e) Adjustments to Future-Years Defense Program.--The Secretary of
Defense shall make such plans for the CVN-77 aircraft carrier program as
are necessary to attain for the program the cost savings that are
contemplated for the procurement of the CVN-77 aircraft carrier in the
March 1997 procurement plan.
(f) Limitation on Total Cost of Procurement.--(1) The Secretary of
the Navy shall structure the program for the procurement of the CVN-77
aircraft carrier, and shall manage that program, so that the total cost
of the procurement of the CVN-77 aircraft carrier does not exceed
$4,600,000,000 (such amount being the estimated cost for the procurement
of the CVN-77 aircraft carrier in the March 1997 procurement plan).
(2) The Secretary of the Navy may adjust the amount set forth in
paragraph (1) for the CVN-77 aircraft carrier program by the following:
(A) The amounts of outfitting costs and post-delivery costs
incurred for the program.
(B) The amounts of increases or decreases in costs
attributable to economic inflation after September 30, 1997.
(C) The amounts of increases or decreases in costs
attributable to compliance with changes in Federal, State, or
local laws enacted after September 30, 1997.
(D) The amounts of increases or decreases in costs of the
program that are attributable to new technology built into the
CVN-77 aircraft carrier, as compared to the technology built
into the baseline design of the CVN-76 aircraft carrier.
(E) The amounts of increases or decreases in costs resulting
from changes the Secretary proposes in the funding plan (as
contemplated in the March 1997 procurement plan) on which the
projected savings are based.
(3) The Secretary of the <<NOTE: Notice.>> Navy shall annually
submit to Congress, at the same time as the budget is submitted under
section 1105(a) of title 31, United States Code, written notice of any
change in the amount set forth in paragraph (1) during the preceding
fiscal year that the Secretary has determined to be associated with a
cost referred to in paragraph (2).
(g) March 1997 Procurement Plan Defined.--In this section, the term
``March 1997 procurement plan'' means the procurement plan for the CVN-
77 aircraft carrier that was submitted to the Navy and Congress by the
shipbuilder in March 1997.
SEC. 123. EXCLUSION FROM COST LIMITATION FOR SEAWOLF SUBMARINE PROGRAM.
(a) Authority To Exclude Amounts Appropriated for Canceled
Vessels.--(1) The Secretary of the Navy may exclude from the application
of the cost limitation for the Seawolf submarine program such amounts,
not in excess of $272,400,000, as were appropriated for fiscal years
1990, 1991, and 1992 for procurement of Seawolf-class submarines that
have been canceled.
(2) For the purposes of this subsection, the term ``cost limitation
for the Seawolf submarine program'' means the limitation in section
133(a) of the National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106; 110 Stat. 211).
[[Page 111 STAT. 1651]]
(b) Determination and Report by Inspector General.--(1) Not later
than March 30, 1998, the Inspector General of the Department 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
containing the Inspector General's determination as to whether any
further exclusion from, adjustment to exclusion from, or increase in the
dollar amount of the cost limitation referred to in subsection (a) will
be required.
(2) The Inspector General shall include in the report the
following:
(A) A thorough and comprehensive accounting for the amount
of $745,400,000 identified by the Secretary of the Navy as
having been obligated or expended for the detailed design for
Seawolf-class submarines that have been canceled and for the
procurement of nuclear components and construction spare parts
for those canceled submarines, including a statement of the
current disposition of items specifically purchased using those
funds.
(B) Cost growth, if any, in the cost of construction of the
SSN-21, SSN-22, and SSN-23 Seawolf-class submarines that has not
been reported to Congress before the date of the report of the
Inspector General.
(C) The current cost estimate of the Secretary of the Navy
for completion of the SSN-21, SSN-22, and SSN-23 Seawolf-class
submarines.
(3) The Inspector General shall include in the report such
supporting information and analyses as the Inspector General considers
appropriate for aiding in understanding the determination and findings
of the Inspector General.
Subtitle D--Air Force Programs
SEC. 131. AUTHORIZATION FOR B-2 BOMBER PROGRAM.
(a) Funding Availability.--Of the funds made available for
procurement of aircraft for the Air Force for fiscal year 1998, the
amount of $331,000,000 is available for long-lead activities related to
the procurement of additional B-2 bomber aircraft. However, if the
President determines that no additional B-2 bombers should be procured
during fiscal year 1998 and certifies that decision to Congress, the
funding authorized in the preceding sentence shall be made available to
modify and repair the existing fleet of B-2 bomber aircraft.
(b) Secretary of Defense To Preserve Options of President.--The
Secretary of Defense shall ensure that all appropriate actions are taken
to preserve the options of the President until the panel to review long-
range airpower established by section 8131 of the Department of Defense
Appropriations Act, 1998 (Public Law 105-56; 111 Stat. 1249), submits
its report.
SEC. 132. ALR RADAR WARNING RECEIVERS.
(a) Cost and Operation Effectiveness Analysis.--The Secretary of the
Air Force shall conduct a cost and operation effectiveness analysis of
upgrading the ALR69 radar warning receiver as compared with the further
acquisition of the ALR56M radar warning receiver.
[[Page 111 STAT. 1652]]
(b) Submission to Congress.--The Secretary shall submit the cost and
operation effectiveness analysis to the congressional defense committees
not later than April 2, 1998.
SEC. 133. ANALYSIS OF REQUIREMENTS FOR REPLACEMENT OF ENGINES ON
MILITARY AIRCRAFT DERIVED FROM BOEING 707 AIRCRAFT.
(a) Analysis Required.--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 an analysis, to be carried out
by the Under Secretary of Defense for Acquisition and Technology, of the
requirements of the Department of Defense for replacing engines on the
aircraft of the Department of Defense that are derived from the Boeing
707 aircraft and the costs of meeting those 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 as of October
1, 1997, and the number of such aircraft that are projected to
be in the inventory of the Department as of October 1, 2002, as
of October 1, 2007, and as of October 1, 2012.
(2) For each type of such aircraft, the estimated cost of
operating the aircraft for each fiscal year beginning with
fiscal year 1998 and ending with fiscal year 2014, 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) Various plans for replacement of engines that the Under
Secretary considers best on the basis of costs and benefits.
(c) Submission Deadline.--The analysis under subsection (a) shall be
submitted not later than March 1, 1998.
Subtitle E--Other Matters
SEC. 141. PILOT <<NOTE: 10 USC 4543 note.>> PROGRAM ON SALES OF
MANUFACTURED ARTICLES AND SERVICES OF CERTAIN ARMY
INDUSTRIAL FACILITIES WITHOUT REGARD TO AVAILABILITY FROM
DOMESTIC SOURCES.
(a) Pilot Program Required.--During fiscal years 1998 and 1999, the
Secretary of the Army shall carry out a pilot program to test the
efficacy and appropriateness of selling manufactured articles and
services of Army industrial facilities under section 4543 of title 10,
United States Code, without regard to the availability of the articles
and services from United States commercial sources. In carrying out the
pilot program, the Secretary may use articles manufactured at, and
services provided by, not more than three Army industrial facilities.
(b) Temporary Waiver of Requirement for Determination of
Unavailability From Domestic Source.--Under the pilot program, the
Secretary of the Army is not required under section 4543(a)(5) of title
10, United States Code, to determine whether an article or service is
available from a commercial source located in the United States in the
case of any of the following sales
[[Page 111 STAT. 1653]]
for which a solicitation of offers is issued during fiscal year 1998 or
1999:
(1) A sale of articles to be incorporated into a weapon
system being procured by the Department of Defense.
(2) A sale of services to be used in the manufacture of a
weapon system being procured by the Department of Defense.
(c) Review by Inspector <<NOTE: Reports.>> General.--The Inspector
General of the Department of Defense shall review the experience under
the pilot program under this section and, not later than July 1, 1999,
submit to Congress a report on the results of the review. The report
shall contain the following:
(1) The Inspector General's views regarding the extent to
which the waiver under subsection (b) enhances the opportunity
for United States manufacturers, assemblers, developers, and
other concerns to enter into or participate in contracts and
teaming arrangements with Army industrial facilities under
weapon system programs of the Department of Defense.
(2) The Inspector General's views regarding the extent to
which the waiver under subsection (b) enhances the opportunity
for Army industrial facilities referred to in section 4543(a) of
title 10, United States Code, to enter into or participate in
contracts and teaming arrangements with United States
manufacturers, assemblers, developers, and other concerns under
weapon system programs of the Department of Defense.
(3) The Inspector General's views regarding the effect of
the waiver under subsection (b) on the ability of small
businesses to compete for the sale of manufactured articles or
services in the United States in competitions to enter into or
participate in contracts and teaming arrangements under weapon
system programs of the Department of Defense.
(4) Specific examples under the pilot program that support
the Inspector General's views.
(5) Any other information that the Inspector General
considers pertinent regarding the effects of the waiver of
section 4543(a)(5) of title 10, United States Code, under the
pilot program on opportunities for United States manufacturers,
assemblers, developers, or other concerns, and for Army
industrial facilities, to enter into or participate in contracts
and teaming arrangements under weapon system programs of the
Department of Defense.
(6) Any recommendations that the Inspector General considers
appropriate regarding continuation or modification of the policy
set forth in section 4543(a)(5) of title 10, United States Code.
SEC. 142. NATO JOINT SURVEILLANCE/TARGET ATTACK RADAR SYSTEM.
(a) Funding.--Amounts authorized to be appropriated under this title
and title II are available for a NATO alliance ground surveillance
capability that is based on the Joint Surveillance/Target Attack Radar
System of the United States, as follows:
(1) Of the amount authorized to be appropriated under
section 101(5), $26,153,000.
(2) Of the amount authorized to be appropriated under
section 103(1), $10,000,000.
(3) Of the amount authorized to be appropriated under
section 201(1), $13,500,000.
[[Page 111 STAT. 1654]]
(4) Of the amount authorized to be appropriated under
section 201(3), $26,061,000.
(b) Authority.--(1) Subject to paragraph (2), the Secretary of
Defense may utilize authority under section 2350b of title 10, United
States Code, for contracting for the purposes of Phase I of a NATO
Alliance Ground Surveillance capability that is based on the Joint
Surveillance/Target Attack Radar System of the United States,
notwithstanding the condition in such section that the authority be
utilized for carrying out contracts or obligations incurred under
section 27(d) of the Arms Export Control Act (22 U.S.C. 2767(d)).
(2) The authority under paragraph (1) applies during the period that
the conclusion of a cooperative project agreement for a NATO Alliance
Ground Surveillance capability under section 27(d) of the Arms Export
Control Act is pending, as determined by the Secretary of Defense.
(c) Modification of Air Force Aircraft.--Amounts available pursuant
to paragraphs (2) and (4) of subsection (a) may be used to provide for
modifying two Air Force Joint Surveillance/Target Attack Radar System
production aircraft to have a NATO Alliance Ground Surveillance
capability that is based on the Joint Surveillance/Target Attack Radar
System of the United States.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.
Sec. 203. Dual-use technology program.
Sec. 204. Reduction in amount for Federally Funded Research and
Development Centers.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Manufacturing technology program.
Sec. 212. Report on operational field assessments program.
Sec. 213. Joint Strike Fighter program.
Sec. 214. Kinetic energy tactical anti-satellite technology program.
Sec. 215. Micro-satellite technology development program.
Sec. 216. High altitude endurance unmanned vehicle program.
Sec. 217. F-22 aircraft program.
Subtitle C--Ballistic Missile Defense Programs
Sec. 231. National Missile Defense Program.
Sec. 232. Budgetary treatment of amounts for procurement for ballistic
missile
defense programs.
Sec. 233. Cooperative Ballistic Missile Defense program.
Sec. 234. Annual report on threat posed to the United States by weapons
of mass destruction, ballistic missiles, and cruise missiles.
Sec. 235. Director of Ballistic Missile Defense Organization.
Sec. 236. Repeal of required deployment dates for core theater missile
defense
programs.
Subtitle D--Other Matters
Sec. 241. Restructuring of National Oceanographic Partnership Program
organizations.
Sec. 242. Maintenance and repair of real property at Air Force
installations.
Sec. 243. Expansion of eligibility for the Defense Experimental Program
to Stimulate Competitive Research.
Sec. 244. Bioassay testing of veterans exposed to ionizing radiation
during military service.
Sec. 245. Sense of Congress regarding Comanche program.
[[Page 111 STAT. 1655]]
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, $4,633,495,000.
(2) For the Navy, $7,774,877,000.
(3) For the Air Force, $14,338,934,000.
(4) For Defense-wide activities, $9,831,646,000, of which--
(A) $258,183,000 is authorized for the activities of
the Director, Test and Evaluation; and
(B) $27,384,000 is authorized for the Director of
Operational Test and Evaluation.
SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH.
(a) Fiscal Year 1998.--Of the amounts authorized to be appropriated
by section 201, $3,935,390,000 shall be available for basic research and
applied research projects.
(b) Basic Research and Applied Research Defined.--For purposes of
this section, the term ``basic research and applied research'' means
work funded in program elements for defense research and development
under Department of Defense category 6.1 or 6.2.
SEC. 203. DUAL-USE <<NOTE: 10 USC 2511 note.>> SCIENCE AND TECHNOLOGY
PROGRAM.
(a) Funding 1998.--Of the amounts authorized to be appropriated by
section 201, $75,000,000 is authorized for dual-use projects.
(b) 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 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.
(D) For fiscal year 2001, 15 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
(B) notifies Congress of the determination and the reasons
for the determination.
(c) 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
projects under this subsection. The designated official shall report
directly to the Under Secretary of Defense for Acquisition and
Technology.
[[Page 111 STAT. 1656]]
(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 projects 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.
(d) 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. In the case of a
dual-use project initiated after the date of the enactment of this Act,
the Secretary may consider in-kind contributions by non-Federal
participants only to the extent such contributions constitute 50 percent
or less of the share of the project costs by such participants.
(e) 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.
(f) Report.--(1) Not later than March 1 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 (b) 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.
[[Page 111 STAT. 1657]]
(E) Any recommended legislation to facilitate achievement of
objectives under this section.
(g) Commercial Operations and Support Savings Initiative.--(1) The
Secretary of Defense shall establish a Commercial Operations and Support
Savings Initiative (in this subsection referred to as the
``Initiative'') to develop commercial products and processes that the
military departments can incorporate into operational military systems
to reduce costs of operations and support.
(2) Of the amounts authorized to be appropriated by section 201,
$50,000,000 is authorized for the Initiative.
(3) Projects and participants in the Initiative shall be selected
through the use of competitive procedures.
(4) The budget submitted to Congress by the President for fiscal
year 1999 and each fiscal year thereafter pursuant to section 1105(a) of
title 31, United States Code, shall set forth separately the funding
request for the Initiative.
(h) 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.
(i) 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. 204. REDUCTION IN AMOUNT FOR FEDERALLY FUNDED RESEARCH AND
DEVELOPMENT CENTERS.
The total of the amounts authorized to be appropriated in section
201 that are available for Federally Funded Research and Development
Centers (other than amounts for capital equipment investment) is hereby
reduced by $42,000,000.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. MANUFACTURING TECHNOLOGY PROGRAM.
(a) Participation of Manufacturers.--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.''.
(b) Five-Year Plan.--Section 2525 of such title is amended by adding
at the end the following new subsection:
``(e) Five-Year Plan.--(1) The Secretary of Defense shall prepare a
five-year plan for the program which establishes--
``(A) the overall manufacturing technology goals,
milestones, priorities, and investment strategy for the program;
and
[[Page 111 STAT. 1658]]
``(B) for each of the five fiscal years covered by the plan,
the objectives of, and funding for the program by, each military
department and each Defense Agency participating in the program.
``(2) The plan shall include an assessment of the effectiveness of
the program.
``(3) The plan shall be updated annually and shall be included in
the budget justification documents submitted in support of the budget of
the Department of Defense for a fiscal year (as included in the budget
of the President submitted to Congress under section 1105 of title
31).''.
(c) Deadline for <<NOTE: 10 USC 2525 note.>> First Plan.--The
Secretary of Defense shall prepare the first five-year plan required
under section 2525(e) of such title, as added by subsection (b), within
60 days after the date of the enactment of this Act.
SEC. 212. REPORT ON OPERATIONAL FIELD ASSESSMENTS PROGRAM.
(a) Finding.--Congress recognizes the potential value that the
Department of Defense Operational Field Assessments program, which is
managed by the Director of Operational Test and
Evaluation, provides to the commanders of the Unified Combatant Commands
with respect to assessment of the effectiveness of near-term operational
concepts and critical operational issues in quick-response operational
tests and evaluations.
(b) Report.--Not later than March 30, 1998, the Secretary of Defense
shall submit to the congressional defense committees a report on the
Operational Field Assessments program.
(c) Content of Report.--The report shall contain the
following:
(1) A review of the Operational Field Assessments program
which describes the goals and objectives of the program,
assessments by the program conducted as of the date of the
submission of the report, and the results of those assessments.
(2) A description of the current management and support
structure of the program within the Department of Defense,
including a description of how program responsibilities are
assigned within the Office of the Secretary of Defense and a
description of the roles of the Joint Staff, the commanders of
the Unified Combatant Commands, and the military departments.
(3) An analysis of and recommendations regarding the
management structure required within the Office of the Secretary
of Defense to ensure that the program is responsive to the
mission needs of the commanders of the Unified Combatant
Commands.
(4) The funding plan for the program.
(5) A description of future plans for the program and
funding requirements for those plans.
(6) Recommendations regarding additional statutory authority
that may be required for the program.
SEC. 213. 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:
[[Page 111 STAT. 1659]]
(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.
(4) A certification that the Joint Strike Fighter Program
contains sufficient funding to carry out an alternate engine
development program that includes flight qualification of an
alternate engine in a joint strike fighter airframe.
(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. 214. KINETIC ENERGY TACTICAL ANTI-SATELLITE TECHNOLOGY PROGRAM.
Of the funds authorized to be appropriated under section 201(4),
$37,500,000 shall be available for the kinetic energy tactical anti-
satellite technology program.
SEC. 215. MICRO-SATELLITE TECHNOLOGY DEVELOPMENT PROGRAM.
(a) Establishment of Micro-Satellite Technology Development
Program.--The Secretary of Defense shall restructure the Clementine 2
micro-satellite development program into a micro-satellite technology
development program that supports a range of space mission areas.
(b) Report.--Not later than February 15, 1998, the Secretary of
Defense shall submit to the congressional defense committees a report
describing the structure and objectives of the micro-satellite
technology development program established under subsection (a) and how
the program can benefit existing or future space systems or
architectures.
SEC. 216. HIGH ALTITUDE ENDURANCE UNMANNED VEHICLE
PROGRAM.
(a) Limitation on Total Cost of Advanced Concept Technology
Demonstration.--The total amount obligated or expended
[[Page 111 STAT. 1660]]
for advanced concept technology demonstration under the High Altitude
Endurance Unmanned Vehicle Program for fiscal year 1998 through fiscal
year 2003 may not exceed $476,826,000.
(b) Limitation on Procurement.--The Secretary of Defense may not
procure any high altitude endurance unmanned vehicles, other than the
currently planned vehicles, until the completion of the testing
identified in phase II of the test and demonstration plan for the
advanced concept technology demonstration for the vehicles.
(c) Limitation on Proceeding.--The High Altitude Endurance Unmanned
Vehicle Program may not proceed beyond advanced concept technology
demonstration until the Secretary of Defense--
(1) provides to Congress a firm unit cost (referred to in
this section as the ``fly away cost'') for each of the currently
planned vehicles; and
(2) certifies to Congress the military suitability and the
worth of each such vehicle.
(d) GAO Review.--(1) The Comptroller General shall review the High
Altitude Endurance Unmanned Vehicle Program for purposes of determining
whether the average fly away cost for each vehicle is within the cost
goal under the program of $10,000,000.
(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 determination under
paragraph (1).
(e) Currently Planned Vehicles.--In this section, the term
``currently planned vehicles'' means the four Dark Star air vehicles and
the five Global Hawk air vehicles that have been approved for
procurement by the Secretary of Defense as of the date of the enactment
of this Act.
SEC. 217. F-22 AIRCRAFT PROGRAM.
(a) Limitation on Total Cost of Engineering and Manufacturing
Development.--The total amount obligated or expended for engineering and
manufacturing development under the F-22 aircraft program may not exceed
$18,688,000,000.
(b) Limitation on Total Cost of Production.--The total amount
obligated or expended for the F-22 production program may not exceed
$43,400,000,000.
(c) Adjustment of Limitation Amounts.--The Secretary of the Air
Force shall adjust the amounts of the limitations set forth in
subsections (a) and (b) by the following amounts:
(1) The amounts of increases or decreases in costs
attributable to economic inflation after September 30, 1997.
(2) The amounts of increases or decreases in costs
attributable to compliance with changes in Federal, State, or
local laws enacted after September 30, 1997.
(d) <<NOTE: Reports.>> Annual GAO Review.--(1) Not later than March
15 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:
[[Page 111 STAT. 1661]]
(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,
including the performance, cost, and schedule goals.
(B) The status of modifications expected to have a
significant effect on cost or performance of F-22 aircraft.
(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) is 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 March 15, 1998. No report is required under
this subsection after engineering and manufacturing development under
the program has been completed.
(e) Requirement To Support Annual GAO Review.--The Secretary of
Defense and the prime contractors under the F-22 aircraft program shall
provide the Comptroller General with such information on the program as
the Comptroller General considers necessary to carry out the
responsibilities under subsection (d).
(f) 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 (d); and
(2) a certification regarding whether the Comptroller
General has had access to sufficient information to make
informed judgments on the matters covered by the report.
Subtitle C--Ballistic Missile Defense Programs
SEC. 231. NATIONAL <<NOTE: 10 USC 2431 note.>> 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.
[[Page 111 STAT. 1662]]
(3) Space-based sensors.
(4) Battle management, command, control, and communications
(BM/C<SUP>3</SUP>).
(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. 232. BUDGETARY TREATMENT OF AMOUNTS FOR PROCUREMENT FOR BALLISTIC
MISSILE DEFENSE PROGRAMS.
(a) Requirement for Inclusion in Budget of BMDO.--(1) Chapter 9 of
title 10, United States Code, is amended by inserting after section 222
the following new section:
``Sec. 224. Ballistic missile defense programs: display of amounts for
procurement
``(a) Requirement.--Any amount in the budget submitted to Congress
under section 1105 of title 31 for any fiscal year for procurement for a
Department of Defense missile defense program described in subsection
(b) shall be set forth under the account of the Department of Defense
for Defense-wide procurement and, within that account, under the
subaccount (or other budget activity level) for the Ballistic Missile
Defense Organization.
[[Page 111 STAT. 1663]]
``(b) Covered Programs.--Subsection (a) applies to the
following missile defense programs of the Department of Defense:
``(1) The National Missile Defense Program.
``(2) Any system that is part of the core theater missile
defense program.
``(3) Any other ballistic missile defense program that
enters production after the date of the enactment of this
section and for which research, development, test, and
evaluation was carried out by the Ballistic Missile Defense
Organization.
``(c) Core Theater Ballistic Missile Defense Program.--For purposes
of this section, the core theater missile defense program consists of
the systems specified in section 234 of the Ballistic Missile Defense
Act of 1995 (10 U.S.C. 2431 note).''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 222 the
following new item:
``224. Ballistic missile defense programs: display of amounts for
procurement.''.
(b) Fiscal Year 1998 Funds.--(1) The Secretary of Defense shall
transfer to appropriations available to the Ballistic Missile Defense
Organization for procurement for fiscal year 1998 any amounts that are
appropriated for procurement for that fiscal year for any of the Armed
Forces by reason of the transference of certain programs 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.
(2) Any transfer pursuant to paragraph (1) shall not be counted for
purposes of section 1001.
SEC. 233. COOPERATIVE <<NOTE: 10 USC 221 note.>> BALLISTIC MISSILE
DEFENSE PROGRAM.
(a) Requirement for New Program Element.--The Secretary of Defense
shall establish a program element for the Ballistic Missile Defense
Organization, to be referred to as the ``Cooperative Ballistic Missile
Defense Program'', to support technical and analytical cooperative
efforts between the United States and other nations that contribute to
United States ballistic missile defense capabilities. Except as provided
in subsection (b), all international cooperative ballistic missile
defense programs of the Department of Defense shall be budgeted and
administered through that program element.
(b) Authority for Exceptions.--The Secretary of Defense may exclude
from the program element established pursuant to subsection (a) any
international cooperative ballistic missile defense program of the
Department of Defense that after the date of the enactment of this Act
is designated by the Secretary of Defense (pursuant to applicable
Department of Defense acquisition regulations and policy) to be managed
as a separate acquisition program.
(c) Relationship to Other Program Elements.--The program element
established pursuant to subsection (a) is in addition to the program
elements for activities of the Ballistic Missile Defense Organization
required under section 251 of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 233; 10 U.S.C. 221
note).
[[Page 111 STAT. 1664]]
SEC. 234. ANNUAL <<NOTE: 50 USC 2367.>> REPORT ON THREAT POSED TO THE
UNITED STATES BY WEAPONS OF MASS DESTRUCTION, BALLISTIC
MISSILES, AND CRUISE MISSILES.
(a) Annual Report.--The Secretary of Defense shall submit to
Congress by January 30 of each year a report on the threats posed to the
United States and allies of the United States--
(1) by weapons of mass destruction, ballistic missiles, and
cruise missiles; and
(2) by the proliferation of weapons of mass destruction,
ballistic missiles, and cruise missiles.
(b) Consultation.--Each report submitted under subsection (a) shall
be prepared in consultation with the Director of Central Intelligence.
(c) Matters To Be Included.--Each report submitted under subsection
(a) shall include the following:
(1) Identification of each foreign country and non-State
organization that possesses weapons of mass destruction,
ballistic missiles, or cruise missiles, and a description of
such weapons and missiles with respect to each such foreign
country and non-State organization.
(2) A description of the means by which any foreign country
and non-State organization that has achieved capability with
respect to weapons of mass destruction, ballistic missiles, or
cruise missiles has achieved that capability, including a
description of the international network of foreign countries
and private entities that provide assistance to foreign
countries and non-State organizations in achieving that
capability.
(3) An examination of the doctrines that guide the use of
weapons of mass destruction in each foreign country that
possesses such weapons.
(4) An examination of the existence and implementation of
the control mechanisms that exist with respect to nuclear
weapons in each foreign country that possesses such weapons.
(5) Identification of each foreign country and non-State
organization that seeks to acquire or develop (indigenously or
with foreign assistance) weapons of mass destruction, ballistic
missiles, or cruise missiles, and a description of such weapons
and missiles with respect to each such foreign country and non-
State organization.
(6) An assessment of various possible timelines for the
achievement by foreign countries and non-State organizations of
capability with respect to weapons of mass destruction,
ballistic missiles, and cruise missiles, taking into account the
probability of whether the Russian Federation and the People's
Republic of China will comply with the Missile Technology
Control Regime, the potential availability of assistance from
foreign technical specialists, and the potential for independent
sales by foreign private entities without authorization from
their national governments.
(7) For each foreign country or non-State organization that
has not achieved the capability to target the United States or
its territories with weapons of mass destruction, ballistic
missiles, or cruise missiles as of the date of the enactment of
this Act, an estimate of how far in advance the United States is
likely to be warned before such foreign country or non-State
organization achieves that capability.
[[Page 111 STAT. 1665]]
(8) For each foreign country or non-State organization that
has not achieved the capability to target members of the United
States Armed Forces deployed abroad with weapons of mass
destruction, ballistic missiles, or cruise missiles as of the
date of the enactment of this Act, an estimate of how far in
advance the United States is likely to be warned before such
foreign country or non-State organization achieves that
capability.
(d) Classification.--Each report under subsection (a) shall be
submitted in classified and unclassified form.
SEC. 235. DIRECTOR OF BALLISTIC MISSILE DEFENSE ORGANIZATION.
(a) In General.--Subchapter II of chapter 8 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 203. Director of Ballistic Missile Defense Organization
``If an officer of the armed forces on active duty is appointed to
the position of Director of the Ballistic Missile Defense Organization,
the position shall be treated as having been designated by the President
as a position of importance and responsibility for purposes of section
601 of this title and shall carry the grade of lieutenant general or
general or, in the case of an officer of the Navy, vice admiral or
admiral.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:
``203. Director of Ballistic Missile Defense Organization.''.
SEC. 236. REPEAL OF REQUIRED DEPLOYMENT DATES FOR CORE THEATER MISSILE
DEFENSE PROGRAMS.
Section 234(a) of the Ballistic Missile Defense Act of 1995
(subtitle C of title II of Public Law 104-106; 110 Stat. 229; 10 U.S.C.
2431 note) is amended--
(1) in the matter preceding paragraph (1), by striking out
``, to be carried out so as to achieve the specified
capabilities'';
(2) in paragraph (1), by striking out ``, with a first unit
equipped (FUE) during fiscal year 1998'';
(3) in paragraph (2), by striking out ``Navy Lower Tier
(Area) system'' and all that follows through ``fiscal year
1999'' and inserting in lieu thereof ``Navy Area Defense
system'';
(4) in paragraph (3), by striking out ``, with a'' and all
that follows through ``fiscal year 2000''; and
(5) in paragraph (4), by striking out ``Navy Upper Tier''
and all that follows through ``fiscal year 2001'' and inserting
in lieu thereof ``Navy Theater Wide system''.
Subtitle D--Other Matters
SEC. 241. 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;
[[Page 111 STAT. 1666]]
(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) The text of section 7903 of
such title is amended to read as follows:
``(a) Establishment.--The Council shall establish an Ocean Research
Advisory Panel consisting of not less than 10 and not more than 18
members appointed by the chairman, including the following:
``(1) One member who will represent the National Academy of
Sciences.
``(2) One member who will represent the National Academy of
Engineering.
``(3) One member who will represent the Institute of
Medicine.
``(4) Members selected from among individuals who will
represent the views of ocean industries, State governments,
academia, and such other views as the chairman considers
appropriate.
``(5) Members selected from among individuals eminent in the
fields of marine science or marine policy, or related fields.
``(b) Responsibilities.--The Council shall assign the following
responsibilities to the Advisory Panel:
``(1) To advise the Council on policies and procedures to
implement the National Oceanographic Partnership Program.
``(2) To advise the Council on selection of partnership
projects and allocation of funds for partnership projects for
implementation under the program.
``(3) To advise the Council on matters relating to national
oceanographic data requirements.
``(4) Any additional responsibilities that the Council
considers appropriate.
``(c) Funding.--The Secretary of the Navy annually shall make funds
available to support the activities of the Advisory Panel.''.
(2) Section 282(c) of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 <<NOTE: 10 USC 7903
note.>> 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 <<NOTE: 10 USC 7902 note.>> subsection
(b); and
(2) by redesignating <<NOTE: 10 USC 7903 note, 7902
note.>> subsections (c), (d), (e), and (f) as subsections (b),
(c), (d), and (e), respectively.
(d) Effective Date.--The <<NOTE: 10 USC 7902 note.>> amendments
made by subsections (a) and (b) shall be effective as of September 23,
1996, as if included in section 282 of Public Law 104-201.
SEC. 242. MAINTENANCE AND REPAIR OF REAL PROPERTY AT AIR FORCE
INSTALLATIONS.
(a) In General.--Chapter 949 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 9782. Maintenance and repair of real property
``(a) Allocation of Funds.--The Secretary of the Air Force shall
allocate funds authorized to be appropriated by a provision described in
subsection (c) and a provision described in subsection
[[Page 111 STAT. 1667]]
(d) for maintenance and repair of real property at military
installations of the Department of the Air Force without regard to
whether the installation is supported with funds authorized by a
provision described in subsection (c) or (d).
``(b) Mixing of Funds Prohibited on Individual Projects.--The
Secretary of the Air Force may not combine funds authorized to be
appropriated by a provision described in subsection (c) and funds
authorized to be appropriated by a provision described in subsection (d)
for an individual project for maintenance and repair of real property at
a military installation of the Department of the Air Force.
``(c) Research, Development, Test, and Evaluation Funds.--The
provision described in this subsection is a provision of a national
defense authorization Act that authorizes funds to be appropriated for a
fiscal year to the Air Force for research, development, test, and
evaluation.
``(d) Operation and Maintenance Funds.--The provision described in
this subsection is a provision of a national defense authorization Act
that authorizes funds to be appropriated for a fiscal year to the Air
Force for operation and maintenance.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``9782. Maintenance and repair of real property.''.
SEC. 243. EXPANSION OF ELIGIBILITY FOR THE DEFENSE EXPERIMENTAL PROGRAM
TO STIMULATE COMPETITIVE RESEARCH.
Section 257 of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103-337; U.S.C. 2358 note) <<NOTE: 10 USC 2358
note.>> is amended by adding at the end the following new subsection:
``(f) State Defined.--In this section, the term `State' means a
State of the United States, the District of Columbia, the Commonwealth
of Puerto Rico, Guam, the Virgin Islands, American Samoa, and the
Commonwealth of the Northern Mariana Islands.''.
SEC. 244. BIOASSAY TESTING OF VETERANS EXPOSED TO IONIZING RADIATION
DURING MILITARY SERVICE.
(a) Nuclear Test Personnel Program.--Of the amount provided in
section 201(4), $300,000 shall be available for testing described in
subsection (b) in support of the Nuclear Test Personnel Program
conducted by the Defense Special Weapons Agency.
(b) Covered Testing.--Subsection <<NOTE: Applicability.>> (a)
applies to the third phase of bioassay testing of individuals who are
radiation-exposed veterans (as defined in section 1112(c)(3)(A) of title
38, United States Code) who participated in radiation-risk activities
(as defined in section 1112(c)(3)(B) of such title).
SEC. 245. SENSE OF CONGRESS REGARDING COMANCHE PROGRAM.
It is the sense of Congress that the Department of Defense should--
(1) evaluate technology transfer and acquisition initiatives
within the Army Comanche program that have the potential to
increase the efficiency or reduce the risk of the Comanche
program; and
(2) include adequate funding for those initiatives that the
Department deems to be meritorious in the future-years defense
[[Page 111 STAT. 1668]]
program (as submitted to Congress under section 221 of title 10,
United States Code).
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Fisher House Trust Funds.
Sec. 305. Transfer from National Defense Stockpile Transaction Fund.
Sec. 306. Refurbishment of M1-A1 tanks.
Sec. 307. Operation of prepositioned fleet, National Training Center,
Fort Irwin, California.
Sec. 308. Refurbishment and installation of air search radar.
Sec. 309. Contracted training flight services.
Sec. 310. Procurement technical assistance programs.
Sec. 311. Operation of Fort Chaffee, Arkansas.
Subtitle B--Military Readiness Issues
Sec. 321. Monthly reports on allocation of funds within operation and
maintenance budget subactivities.
Sec. 322. Expansion of scope of quarterly readiness reports.
Sec. 323. Semiannual reports on transfers from high-priority readiness
appropriations.
Sec. 324. Annual report on aircraft inventory.
Sec. 325. Administrative actions adversely affecting military training
or other
readiness activities.
Sec. 326. Common measurement of operations tempo and personnel tempo.
Sec. 327. Inclusion of Air Force depot maintenance as operation and
maintenance budget line items.
Sec. 328. Prohibition of implementation of tiered readiness system.
Sec. 329. Report on military readiness requirements of the Armed Forces.
Sec. 330. Assessment of cyclical readiness posture of the Armed Forces.
Sec. 331. Report on military exercises conducted under certain training
exercises programs.
Sec. 332. Report on overseas deployments.
Subtitle C--Environmental Provisions
Sec. 341. Revision of membership terms for Strategic Environmental
Research and Development Program Scientific Advisory Board.
Sec. 342. Amendments to authority to enter into agreements with other
agencies in support of environmental technology
certification.
Sec. 343. Modifications of authority to store and dispose of nondefense
toxic and hazardous materials.
Sec. 344. Annual report on payments and activities in response to fines
and
penalties assessed under environmental laws.
Sec. 345. Annual report on environmental activities of the Department of
Defense overseas.
Sec. 346. Review of existing environmental consequences of the presence
of the Armed Forces in Bermuda.
Sec. 347. Sense of Congress on deployment of United States Armed Forces
abroad for environmental preservation activities.
Sec. 348. Recovery and sharing of costs of environmental restoration at
Department of Defense sites.
Sec. 349. Partnerships for investment in innovative environmental
technologies.
Sec. 350. Procurement of recycled copier paper.
Sec. 351. Pilot program for the sale of air pollution emission reduction
incentives.
Subtitle D--Depot-Level Activities
Sec. 355. Definition of depot-level maintenance and repair.
Sec. 356. Core logistics capabilities of Department of Defense.
Sec. 357. Increase in percentage of depot-level maintenance and repair
that may be contracted for performance by non-Government
personnel.
Sec. 358. Annual report on depot-level maintenance and repair.
Sec. 359. Requirement for use of competitive procedures in contracting
for performance of depot-level maintenance and repair
workloads formerly
performed at closed or realigned military installations.
[[Page 111 STAT. 1669]]
Sec. 360. Clarification of prohibition on management of depot employees
by
constraints on personnel levels.
Sec. 361. Centers of Industrial and Technical Excellence.
Sec. 362. Extension of authority for aviation depots and naval shipyards
to engage in defense-related production and services.
Sec. 363. Repeal of a conditional repeal of certain depot-level
maintenance and
repair laws and a related reporting requirement.
Sec. 364. Personnel reductions, Army depots participating in Army
Workload and Performance System.
Sec. 365. Report on allocation of core logistics activities among
Department of
Defense facilities and private sector facilities.
Sec. 366. Review of use of temporary duty assignments for ship repair
and maintenance.
Sec. 367. Sense of Congress regarding realignment of performance of
ground
communication-electronic workload.
Subtitle E--Commissaries and Nonappropriated Fund Instrumentalities
Sec. 371. Reorganization of laws regarding commissaries and exchanges
and other morale, welfare, and recreation activities.
Sec. 372. Merchandise and pricing requirements for commissary stores.
Sec. 373. Limitation on noncompetitive procurement of brand-name
commercial items for resale in commissary stores.
Sec. 374. Treatment of revenues derived from commissary store
activities.
Sec. 375. Maintenance, repair, and renovation of Armed Forces Recreation
Center, Europe.
Sec. 376. Plan for use of public and private partnerships to benefit
morale, welfare, and recreation activities.
Subtitle F--Other Matters
Sec. 381. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and Department of
Defense civilian employees.
Sec. 382. Center for Excellence in Disaster Management and Humanitarian
Assistance.
Sec. 383. Applicability of Federal printing requirements to Defense
Automated Printing Service.
Sec. 384. Study and notification requirements for conversion of
commercial and
industrial type functions to contractor performance.
Sec. 385. Collection and retention of cost information data on converted
services and functions.
Sec. 386. Financial assistance to support additional duties assigned to
Army
National Guard.
Sec. 387. Competitive procurement of printing and duplication services.
Sec. 388. Continuation and expansion of demonstration program to
identify overpayments made to vendors.
Sec. 389. Development of standard forms regarding performance work
statement and request for proposal for conversion of certain
operational functions of military installations.
Sec. 390. Base operations support for military installations on Guam.
Sec. 391. Warranty claims recovery pilot program.
Sec. 392. Program to investigate fraud, waste, and abuse within
Department of
Defense.
Sec. 393. Multitechnology automated reader card demonstration program.
Sec. 394. Reduction in overhead costs of Inventory Control Points.
Sec. 395. Inventory management.
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, $17,174,589,000.
(2) For the Navy, $21,947,656,000.
(3) For the Marine Corps, $2,424,645,000.
[[Page 111 STAT. 1670]]
(4) For the Air Force, $19,172,985,000.
(5) For Defense-wide activities, $10,242,607,000.
(6) For the Army Reserve, $1,207,981,000.
(7) For the Naval Reserve, $846,711,000.
(8) For the Marine Corps Reserve, $116,366,000.
(9) For the Air Force Reserve, $1,631,200,000.
(10) For the Army National Guard, $2,311,432,000.
(11) For the Air National Guard, $2,999,782,000.
(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, $375,337,000.
(15) For Environmental Restoration, Navy, $275,500,000.
(16) For Environmental Restoration, Air Force, $376,900,000.
(17) For Environmental Restoration, Defense-wide,
$26,900,000.
(18) For Environmental Restoration, Formerly Used Defense
Sites, $202,300,000.
(19) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $47,130,000.
(20) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $666,882,000.
(21) For the Kaho'olawe Island Conveyance, Remediation, and
Environmental Restoration Trust Fund, $10,000,000.
(22) For Medical Programs, Defense, $9,957,782,000.
(23) For Cooperative Threat Reduction programs,
$382,200,000.
(24) For Overseas Contingency Operations Transfer Fund,
$1,253,900,000.
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 Funds, $971,952,000.
(2) For the National Defense Sealift Fund, $1,059,948,000.
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. 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 of Fisher houses described in section 2221(d) of title 10,
United States Code, as follows:
(1) From the Fisher House Trust Fund, Department of the
Army, $250,000 for Fisher houses that are located in proximity
to medical treatment facilities of the Army.
(2) From 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.
[[Page 111 STAT. 1671]]
SEC. 305. 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. 306. REFURBISHMENT OF M1-A1 TANKS.
Of the amount authorized to be appropriated pursuant to section
301(1) for operation and maintenance for the Army, $35,000,000 shall be
available only for refurbishment of M1-A1 tanks under the AIM-XXI
program if the Secretary of Defense determines that the cost
effectiveness of the pilot AIM-XXI program is validated through user
trials conducted at the National Training Center, Fort Irwin,
California.
SEC. 307. OPERATION OF PREPOSITIONED FLEET, NATIONAL TRAINING CENTER,
FORT IRWIN, CALIFORNIA.
Of the amount authorized to be appropriated pursuant to section
301(1) for operation and maintenance for the Army, $60,200,000 shall be
available only to pay costs associated with the operation of the
prepositioned fleet of equipment during training rotations at the
National Training Center, Fort Irwin, California.
SEC. 308. REFURBISHMENT AND INSTALLATION OF AIR SEARCH RADAR.
Of the amount authorized to be appropriated pursuant to section
301(2) for operation and maintenance for the Navy, $6,000,000 may be
available for the refurbishment and installation of the AN/SPS-48E air
search radar for the Ship Self Defense System at the Integrated Ship
Defense Systems Engineering Center, Naval Surface Warfare Center,
Wallops Islands, Virginia.
SEC. 309. CONTRACTED TRAINING FLIGHT SERVICES.
Of the amount authorized to be appropriated pursuant to section
301(4) for operation and maintenance for the Air Force, $12,000,000 may
be used for contracted training flight services.
SEC. 310. 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
[[Page 111 STAT. 1672]]
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. 311. OPERATION OF FORT CHAFFEE, ARKANSAS.
Of the amount authorized to be appropriated pursuant to section
301(10) for operation and maintenance for the Army National Guard,
$6,854,000 may be available for the operation of Fort Chaffee, Arkansas.
Subtitle B--Military Readiness Issues
SEC. 321. MONTHLY REPORTS ON ALLOCATION OF FUNDS WITHIN OPERATION AND
MAINTENANCE BUDGET SUBACTIVITIES.
(a) In General.--(1) Chapter 9 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 228. Monthly reports on allocation of funds within operation and
maintenance budget subactivities
``(a) Monthly Report.--The Secretary of Defense shall submit to
Congress a monthly report on the allocation of appropriations to O&M
budget activities and to the subactivities of those budget activities.
Each such report shall be submitted not later than 60 days after the end
of the month to which the report pertains.
``(b) Matters To Be Included.--Each such report shall set forth the
following for each subactivity of the O&M budget activities:
``(1) The amount of budget authority appropriated for that
subactivity in the most recent regular Department of Defense
Appropriations Act.
``(2) The amount of budget authority actually made available
for that subactivity, taking into consideration supplemental
appropriations, rescissions, and other adjustments required by
law or made pursuant to law.
``(3) The amount programmed to be expended from such
subactivity.
``(c) Identification of Certain Fluctuations.--(1) If, in the report
under this section for a month of a fiscal year after the first month of
that fiscal year, an amount shown under subsection (b) for a subactivity
is different by more than $15,000,000 from the corresponding amount for
that subactivity in the report for the first month of that fiscal year,
the Secretary shall include in the report notice of that difference.
``(2) If, in the report under this section for a month of a fiscal
year after a month for which the report under this section includes a
notice under paragraph (1), an amount shown under subsection (b) for a
subactivity is different by more than $15,000,000 from the corresponding
amount for that subactivity in the most recent report that includes a
notice under paragraph (1) or this
[[Page 111 STAT. 1673]]
paragraph, the Secretary shall include in the report notice of that
difference.
``(d) Report on Fluctuations.--If a report under this section
includes a notice under subsection (c), the Secretary shall include in
the report with each such notice the following:
``(1) The reasons for the reallocations of funds resulting
in the inclusion of that notice in the report.
``(2) Each budget subactivity involved in those
reallocations.
``(3) The effect of those reallocations on the operation and
maintenance activities funded through the subactivity with
respect to which the notice is included in the report.
``(e) O&M Budget Activity Defined.--For purposes of this section,
the term `O&M budget activity' means a budget activity within an
operation and maintenance appropriation of the Department of Defense for
a fiscal year.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``228. Monthly reports on allocation of funds within operation and
maintenance budget subactivities.''.
(b) Effective Date.--The <<NOTE: 10 USC 228 note.>> first report
under section 228 of title 10, United States Code, as added by
subsection (a), shall be for the month of December 1997.
SEC. 322. EXPANSION OF SCOPE OF QUARTERLY READINESS REPORTS.
(a) Expanded Reports Required.--(1) Section 482 of title 10, United
States Code, is amended to read as follows:
``Sec. 482. Quarterly reports: personnel and unit readiness
``(a) Quarterly Reports Required.--Not later than 30 days after the
end of each calendar-year quarter, the Secretary of Defense shall submit
to Congress a report regarding military readiness. The report for a
quarter shall contain the information required by subsections (b), (d),
and (e).
``(b) Readiness Problems and Remedial Actions.--Each report shall
specifically describe--
``(1) each readiness problem and deficiency identified using
the assessments considered under subsection (c);
``(2) planned remedial actions; and
``(3) the key indicators and other relevant information
related to each identified problem and deficiency.
``(c) Consideration of Readiness Assessments.--The information
required under subsection (b) to be included in the report for a quarter
shall be based on readiness assessments that are provided during that
quarter--
``(1) to any council, committee, or other body of the
Department of Defense--
``(A) that has responsibility for readiness
oversight; and
``(B) whose membership includes at least one
civilian officer in the Office of the Secretary of
Defense at the level of Assistant Secretary of Defense
or higher;
``(2) by senior civilian and military officers of the
military departments and the commanders of the unified and
specified commands; and
``(3) as part of any regularly established process of
periodic readiness reviews for the Department of Defense as a
whole.
[[Page 111 STAT. 1674]]
``(d) Comprehensive Readiness Indicators for Active Components.--
Each report shall also include information regarding each of the active
components of the armed forces (and an evaluation of such information)
with respect to each of the following readiness indicators:
``(1) Personnel strength.--
``(A) Personnel status, including the extent to
which members of the armed forces are serving in
positions outside of their military occupational
specialty, serving in grades other than the grades for
which they are qualified, or both.
``(B) Historical data and projected trends in
personnel strength and status.
``(2) Personnel turbulence.--
``(A) Recruit quality.
``(B) Borrowed manpower.
``(C) Personnel stability.
``(3) Other personnel matters.--
``(A) Personnel morale.
``(B) Recruiting status.
``(4) Training.--
``(A) Training unit readiness and proficiency.
``(B) Operations tempo.
``(C) Training funding.
``(D) Training commitments and deployments.
``(5) Logistics--equipment fill.--
``(A) Deployed equipment.
``(B) Equipment availability.
``(C) Equipment that is not mission capable.
``(D) Age of equipment.
``(E) Condition of nonpacing items.
``(6) Logistics--equipment maintenance.--
``(A) Maintenance backlog.
``(7) Logistics--supply.--
``(A) Availability of ordnance and spares.
``(B) Status of prepositioned equipment.
``(e) Unit Readiness Indicators.--Each report shall also include
information regarding the readiness of each active component unit of the
armed forces at the battalion, squadron, or an equivalent level (or a
higher level) that received a readiness rating of C-3 (or below) for any
month of the calendar-year quarter covered by the report. With respect
to each such unit, the report shall separately provide the following
information:
``(1) The unit designation and level of organization.
``(2) The overall readiness rating for the unit for the
quarter and each month of the quarter.
``(3) The resource area or areas (personnel, equipment and
supplies on hand, equipment condition, or training) that
adversely affected the unit's readiness rating for the quarter.
``(4) The reasons why the unit received a readiness rating
of C-3 (or below).
``(f) Classification of Reports.--A report under this section shall
be submitted in unclassified form. To the extent the Secretary of
Defense determines necessary, the report may also be submitted in
classified form.''.
[[Page 111 STAT. 1675]]
(2) The item relating to section 482 in the table of sections at the
beginning of chapter 23 of such title is amended to read as follows:
``482. Quarterly reports: personnel and unit readiness.''.
(b) Implementation <<NOTE: 10 USC 482 note.>> Plan To Examine
Readiness Indicators.--Not later than January 15, 1998, the Secretary of
Defense shall submit to the congressional defense committees a plan--
(1) specifying the manner in which the Secretary will
implement the additional reporting requirement of subsection (d)
of section 482 of title 10, United States Code, as added by this
section; and
(2) specifying the criteria proposed to be used to evaluate
the readiness indicators identified in such subsection (d).
(c) Limitation Pending Receipt of Implementation Plan.--Of the
amount available for fiscal year 1998 for operation and support
activities of the Office of the Secretary of Defense, 10 percent may not
be obligated until after the date on which the implementation plan
required by subsection (b) is submitted.
(d) Transition <<NOTE: 10 USC 482 note.>> To Complete Report.--
Until the report under section 482 of title 10, United States Code, as
amended by subsection (a), for the third quarter of 1998 is submitted,
the Secretary of Defense may omit the information required by subsection
(d) of such section if the Secretary determines that it is impracticable
to comply with such subsection with regard to the preceding reports.
SEC. 323. SEMIANNUAL REPORTS ON TRANSFERS FROM HIGH-
PRIORITY READINESS APPROPRIATIONS.
(a) Reports Required.--Chapter 23 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 483. Reports on transfers from high-priority readiness
appropriations
``(a) Annual Reports.--Not later than the date on which the
President submits the budget for a fiscal year to Congress pursuant to
section 1105 of title 31, the Secretary of Defense shall submit to the
Committee on Armed Services and the Committee on Appropriations of the
Senate and the Committee on National Security and the Committee on
Appropriations of the House of Representatives a report on transfers
during the preceding fiscal year from funds available for each covered
budget activity.
``(b) Midyear Reports.--Not later than June 1 of each fiscal year,
the Secretary of Defense shall submit to the congressional committees
specified in subsection (a) a report on transfers, during the first six
months of that fiscal year, from funds available for each covered budget
activity.
``(c) Matters To Be Included.--In each report under subsection (a)
or (b), the Secretary of Defense shall include for each covered budget
activity the following:
``(1) A statement, for the period covered by the report,
of--
``(A) the total amount of transfers into funds
available for that activity;
``(B) the total amount of transfers from funds
available for that activity; and
``(C) the net amount of transfers into, or out of,
funds available for that activity.
[[Page 111 STAT. 1676]]
``(2) A detailed explanation of the transfers into, and out
of, funds available for that activity during the period covered
by the report.
``(d) Covered Budget Activity Defined.--In this section, the term
`covered budget activity' means each of the following:
``(1) The budget activity groups (known as `subactivities')
within the Operating Forces budget activity of the annual
Operation and Maintenance, Army, appropriation that are
designated as follows:
``(A) All subactivities under the category of Land
Forces.
``(B) Land Forces Depot Maintenance.
``(C) Base Support.
``(D) Maintenance of Real Property.
``(2) The Air Operations budget activity groups (known as
`subactivities') within the Operating Forces budget activity of
the annual Operation and Maintenance, Navy, appropriation that
are designated as follows:
``(A) Mission and Other Flight Operations.
``(B) Fleet Air Training.
``(C) Aircraft Depot Maintenance.
``(D) Base Support.
``(E) Maintenance of Real Property.
``(3) The Ship Operations budget activity groups (known as
`subactivities') within the Operating Forces budget activity of
the annual Operation and Maintenance, Navy, appropriation that
are designated as follows:
``(A) Mission and Other Ship Operations.
``(B) Ship Operational Support and Training.
``(C) Ship Depot Maintenance.
``(D) Base Support.
``(E) Maintenance of Real Property.
``(4) The Expeditionary Forces budget activity groups (known
as `subactivities') within the Operating Forces budget activity
of the annual Operation and Maintenance, Marine Corps,
appropriation that are designated as follows:
``(A) Operational Forces.
``(B) Depot Maintenance.
``(C) Base Support.
``(D) Maintenance of Real Property.
``(5) The Air Operations and Combat Related Operations
budget activity groups (known as `subactivities') within the
Operating Forces budget activity of the annual Operation and
Maintenance, Air Force, appropriation that are designated as
follows:
``(A) Primary Combat Forces.
``(B) Primary Combat Weapons.
``(C) Air Operations Training.
``(D) Depot Maintenance.
``(E) Base Support.
``(F) Maintenance of Real Property.
``(6) The Mobility Operations budget activity group (known
as a `subactivity') within the Mobilization budget activity of
the annual Operation and Maintenance, Air Force, appropriation
that is designated as Airlift Operations.
[[Page 111 STAT. 1677]]
``(e) Termination.--The requirements specified in subsections (a)
and (b) shall terminate upon the submission of the annual report under
subsection (a) covering fiscal year 2000.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``483. Reports on transfers from high-priority readiness
appropriations.''.
SEC. 324. ANNUAL REPORT ON AIRCRAFT INVENTORY.
(a) Annual Report Required.--(1) Chapter 23 of title 10, United
States Code, is amended by inserting after section 483, as added by
section 323, the following new section:
``Sec. 484. Annual report on aircraft inventory
``(a) Annual Report.--The Under Secretary of Defense (Comptroller)
shall submit to Congress each year a report on the aircraft in the
inventory of the Department of Defense. The Under Secretary shall submit
the report when the President submits the budget to Congress under
section 1105(a) of title 31.
``(b) Content.--The report shall set forth, in accordance with
subsection (c), the following information:
``(1) The total number of aircraft in the inventory.
``(2) The total number of the aircraft in the inventory that
are active, stated in the following categories (with appropriate
subcategories for mission aircraft, training aircraft, dedicated
test aircraft, and other aircraft):
``(A) Primary aircraft.
``(B) Backup aircraft.
``(C) Attrition and reconstitution reserve aircraft.
``(3) The total number of the aircraft in the inventory that
are inactive, stated in the following categories:
``(A) Bailment aircraft.
``(B) Drone aircraft.
``(C) Aircraft for sale or other transfer to foreign
governments.
``(D) Leased or loaned aircraft.
``(E) Aircraft for maintenance training.
``(F) Aircraft for reclamation.
``(G) Aircraft in storage.
``(4) The aircraft inventory requirements approved by the
Joint Chiefs of Staff.
``(c) Display of Information.--The report shall specify the
information required by subsection (b) separately for the active
component of each armed force and for each reserve component of each
armed force and, within the information set forth for each such
component, shall specify the information separately for each type,
model, and series of aircraft provided for in the future-years defense
program submitted to Congress.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 483, as added by
section 323, the following new item:
``484. Report on aircraft inventory.''.
(b) Special <<NOTE: 10 USC 484 note.>> Submission Date for First
Report.--The Under Secretary of Defense (Comptroller) shall submit the
first report required under section 484 of title 10, United States Code
(as added by subsection (a)), not later than January 30, 1998.
[[Page 111 STAT. 1678]]
(c) Modification of Budget <<NOTE: 10 USC 221 note.>> Data
Exhibits.--The Under Secretary of Defense (Comptroller) shall ensure
that aircraft budget data exhibits of the Department of Defense that are
submitted to Congress display total numbers of active aircraft where
numbers of primary aircraft or primary authorized aircraft are displayed
in those exhibits.
SEC. 325. 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 new section:
``Sec. 2014. Administrative actions adversely affecting military
training or other readiness activities
``(a) Congressional Notification.--Whenever an official of an
Executive agency takes or proposes to take an administrative action
that, as determined by the Secretary of Defense in consultation with the
Chairman of the Joint Chiefs of Staff, affects training or any other
readiness activity in a manner that has or would have a significant
adverse effect on the military readiness of any of the armed forces or a
critical component thereof, the Secretary shall submit a written
notification of the action and each significant adverse effect to the
head of the Executive agency taking or proposing to take the
administrative action. At the same time, the Secretary shall transmit a
copy of the notification to the President, the Committee on Armed
Services of the Senate, and the Committee on National Security of the
House of Representatives.
``(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 possible after the Secretary becomes aware of the action or
proposed action.
``(2) The Secretary shall <<NOTE: Regulations.>> prescribe policies
and procedures to ensure that the Secretary receives information on an
administrative action or proposed administrative action described in
subsection (a) promptly after Department of Defense personnel receive
notice of such an action or proposed action.
``(c) Consultation Between Secretary and Head of Executive Agency.--
Upon notification with respect to an administrative action or proposed
administrative action under subsection (a), the head of the Executive
agency concerned shall--
``(1) respond promptly to the Secretary; and
``(2) consistent with the urgency of the training or
readiness activity involved and the provisions of law under
which the administrative action or proposed administrative
action is being taken, seek to reach an agreement with the
Secretary on immediate actions to attain the objective of the
administrative action or proposed administrative action in a
manner which eliminates or mitigates the adverse effects of the
administrative action or proposed administrative action upon the
training or readiness activity.
``(d) Moratorium.--(1) Subject to paragraph (2), upon notification
with respect to an administrative action or proposed administrative
action under subsection (a), the administrative action or proposed
administrative action shall cease to be effective with respect to the
Department of Defense until the earlier of--
[[Page 111 STAT. 1679]]
``(A) the end of the five-day period beginning on the date
of the notification; or
``(B) the date of an agreement between the head of the
Executive agency concerned and the Secretary as a result of the
consultations under subsection (c).
``(2) Paragraph (1) shall not apply with respect to an
administrative action or proposed administrative action if the head of
the Executive agency concerned determines that the delay in enforcement
of the administrative action or proposed administrative action will pose
an actual threat of an imminent and substantial endangerment to public
health or the environment.
``(e) Effect of Lack of Agreement.--(1) If the head of an Executive
agency and the Secretary do not enter into an agreement under subsection
(c)(2), the Secretary shall submit a written notification to the
President who shall take final action on the matter.
``(2) Not later than 30 days after the date on which the President
takes final action on a matter under paragraph (1), the President shall
submit to the committees referred to in subsection (a) a notification of
the action.
``(f) Limitation on Delegation of Authority.--The head of an
Executive agency may not delegate any responsibility under this section.
``(g) Definition.--In this section, the term `Executive agency' has
the meaning given such term in section 105 of title 5, except that the
term does not include the General Accounting Office.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2014. Administrative actions adversely affecting military training or
other readiness activities.''.
SEC. 326. COMMON <<NOTE: 10 USC 153 note.>> MEASUREMENT OF OPERATIONS
TEMPO AND PERSONNEL TEMPO.
(a) Means for Measurement.--The Chairman of the Joint Chiefs of
Staff shall, to the maximum extent practicable, develop (1) a common
means of measuring the operations tempo (OPTEMPO) of each of the Armed
Forces, and (2) a common means of measuring the personnel tempo
(PERSTEMPO) of each of the Armed Forces. The Chairman shall consult with
the other members of the Joint Chiefs of Staff in developing those
common means of measurement.
(b) PERSTEMPO Measurement.--The measurement of personnel tempo
developed by the Chairman shall include a means of identifying the rate
of deployment for individual members of the Armed Forces in addition to
the rate of deployment for units.
SEC. 327. INCLUSION <<NOTE: 10 USC 221 note.>> OF AIR FORCE DEPOT
MAINTENANCE AS OPERATION AND MAINTENANCE BUDGET LINE ITEMS.
For fiscal year 1999 and each fiscal year thereafter, Air Force
depot-level maintenance of materiel shall be displayed as one or more
separate line items under each subactivity within the authorization
request for operation and maintenance, Air Force, in the proposed budget
for that fiscal year submitted to Congress pursuant to section 1105 of
title 31, United States Code.
[[Page 111 STAT. 1680]]
SEC. 328. PROHIBITION OF IMPLEMENTATION OF TIERED READINESS SYSTEM.
(a) Prohibition.--The Secretary of a military department may not
implement, or be required to implement, a new readiness system for units
of the Armed Forces (as outlined in sections 329 and 330), under which a
military unit would be categorized into one of several categories (known
as ``tiers'') according to the likelihood that the unit will be required
to respond to a military conflict and the time in which the unit will be
required to respond, if that system would have the effect of changing
the methods used as of October 1, 1996, by the Armed Forces under the
jurisdiction of that Secretary for determining the priorities for
allocating to such military units funding, personnel, equipment,
equipment maintenance, and training resources, and the associated levels
of readiness of those units that result from those priorities.
(b) Report to Congress Requesting Waiver.--If the Secretary of
Defense determines, following the review required by sections 329 and
330 (or any similar review), that implementation for one or more of the
Armed Forces of a tiered readiness system that is prohibited by
subsection (a) would be in the national security interests of the United
States, the Secretary shall submit to Congress a report setting forth
that determination, together with the rationale for that determination,
and a request for the enactment of legislation to allow implementation
of such a system.
(c) Rule of Construction.--Nothing in subsection (a) is intended to
preclude the Secretary of Defense from taking necessary actions to
maintain the combat preparedness of the active and reserve components of
the Armed Forces.
SEC. 329. 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). 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 within 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.
[[Page 111 STAT. 1681]]
(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.
[[Page 111 STAT. 1682]]
SEC. 330. ASSESSMENT OF CYCLICAL READINESS POSTURE OF THE ARMED FORCES.
(a) Requirement.--(1) Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to Congress
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.
[[Page 111 STAT. 1683]]
(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 six months) and with only one force at a given
state of readiness at any one time.
(F) That, during the period of state of high readiness of a
force, any operations or activities (including leave and
education and training of personnel) that detract from the near-
term wartime readiness of the force are temporary and their
effects on such state of readiness minimized.
(G) That units are assigned overseas during the period of
state of high readiness of the force to which the units are
assigned primarily on a temporary duty basis.
(H) That, during the period of high readiness of a force,
the operational war plans for the force incorporate the
divisions (or division equivalents) of the Army Reserve or Army
National Guard assigned to the force in a manner such that one
such division (or division equivalent) is, on a rotating basis
for such divisions (or division equivalents) during the period,
maintained in a high state of readiness and dedicated as the
first reserve combat division to be transferred overseas in the
event of a major theater war.
(c) Report Elements.--The report under this section shall include
the following elements for the readiness posture described in subsection
(b)(2):
(1) An estimate of the range of cost savings achievable over
the long term as a result of implementing the readiness posture,
including--
(A) the savings achievable from reduced training
levels and readiness levels during periods in which a
force referred to in subsection (b)(3)(A) is in a state
of low readiness; and
(B) the savings achievable from reductions in costs
of infrastructure overseas as a result of reduced
permanent change of station rotations.
(2) An assessment of the potential risks associated with a
lower readiness status for units assigned to a force in a state
of low readiness under the readiness posture, including the
risks associated with the delayed availability of such units
overseas in the event of two nearly simultaneous major theater
wars.
(3) An assessment of the potential risks associated with
requiring the forces under the readiness posture to fight a
major war in any theater worldwide.
(4) An assessment of the modifications of the current force
structure of the Armed Forces that are necessary to achieve the
range of cost savings estimated under paragraph (1), including
the extent of the diminishment, if any, of the military
capabilities of the Armed Forces as a result of the
modifications.
(5) An assessment whether or not the risks of diminished
military capability associated with implementation of the
readiness posture exceed the risks of diminished military
capability associated with the modifications of the current
force structure necessary to achieve cost savings equivalent to
the best case for cost savings resulting from the implementation
of the readiness posture.
[[Page 111 STAT. 1684]]
(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. 331. REPORT ON MILITARY EXERCISES CONDUCTED UNDER
CERTAIN TRAINING EXERCISES PROGRAMS.
(a) Report.--Not later than February 16, 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 military exercises conducted by the Department of Defense
during fiscal years 1995, 1996, and 1997 and the military exercises
planned to be conducted during fiscal years 1998, 1999, and 2000, under
the following training exercises programs:
(1) The program known as the ``CJCS Exercise Program''.
(2) The program known as the ``Partnership for Peace
program''.
(3) The Cooperative Threat Reduction programs.
(b) Information on Exercises Conducted or To Be Conducted.--The
report under subsection (a) shall include the following information for
each exercise included in the report, which shall be set forth by fiscal
year and shown within the fiscal year by the sponsoring command:
(1) Name of the exercise.
(2) Type, description, duration, and objectives of the
exercise.
(3) Participating units, including the number of personnel
participating in each unit.
(4) For each participating unit, the percentage of the tasks
on that unit's specification of tasks (known as a mission
essential task list) or a comparable specification (in the case
of any of the Armed Forces not maintaining a mission essential
task list designation) that were performed or are scheduled to
be performed as part of the exercise.
(5) The cost of the exercise paid or to be paid out of funds
available to the Chairman of the Joint Chiefs of Staff and the
cost to each of the Armed Forces participating in the exercise,
with a description of the categories of activities for which
those costs are incurred in each such case.
(6) In the case of each planned exercise, the priority of
the exercise in relation to all other exercises planned by the
sponsoring command to be conducted during that fiscal year.
(7) In the case of an exercise conducted or to be conducted
in a foreign country or with military personnel of a foreign
country, the military forces of the foreign country that
participated or will participate in the exercise.
(c) Assessment.--The report under subsection (a) shall include--
[[Page 111 STAT. 1685]]
(1) an assessment of the ability of each of the Armed Forces
to meet requirements of the training exercises programs
specified in subsection (a);
(2) an assessment of the training value of each exercise
covered in the report to each unit of the Armed Forces
participating in the exercise, including for each such unit an
assessment of the value of the percentage under subsection
(b)(4) as an indicator of the training value of the exercise for
that unit;
(3) options to minimize the negative effects on operational
and personnel tempo resulting from the training exercises
programs; and
(4) in the case of exercises to be conducted in a foreign
country or with military personnel of a foreign country--
(A) an assessment of the training value of each
exercise covered in the report to the foreign countries
involved and the extent to which the exercise enhances
the readiness capabilities of all military forces
involved in the exercise (both United States and
foreign); and
(B) an assessment of the benefits to be derived
through enhanced military-to-military relationships
between the United States and foreign countries.
(d) Funding Limitation Pending Receipt of Report.--Of the funds
available for fiscal year 1998 for the conduct of the CJCS Exercise
Program, not more than 90 percent may be expended before the date on
which the report required under subsection (a) is submitted.
SEC. 332. REPORT ON OVERSEAS DEPLOYMENTS.
(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 deployments overseas of members of the Armed Forces (other than
the Coast Guard). The report shall describe the deployments as of June
30, 1996, and as of June 30, 1997.
(b) Elements.--The report shall include the following, shown as of
each date specified in subsection (a) and shown for the Armed Forces in
the aggregate and separately for each of the Armed Forces:
(1) The number of military personnel deployed overseas
pursuant to a permanent duty assignment, shown in the aggregate
and by country or ocean to which deployed.
(2) The number of military personnel deployed overseas
pursuant to a temporary duty assignment, including--
(A) the number engaged in training with units of a
single military department;
(B) the number engaged in United States military
joint exercises; and
(C) the number engaged in training with allied
units.
(3) The number of military personnel deployed overseas who
were engaged in contingency operations (including peacekeeping
or humanitarian assistance missions) or other activities (other
than those personnel covered by paragraphs (1) and (2)).
[[Page 111 STAT. 1686]]
Subtitle C--Environmental Provisions
SEC. 341. REVISION OF MEMBERSHIP TERMS FOR STRATEGIC ENVIRONMENTAL
RESEARCH AND DEVELOPMENT
PROGRAM SCIENTIFIC ADVISORY BOARD.
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
and not more than four''.
SEC. 342. AMENDMENTS TO AUTHORITY TO ENTER INTO AGREEMENTS WITH OTHER
AGENCIES IN SUPPORT OF ENVIRONMENTAL TECHNOLOGY
CERTIFICATION.
(a) Authority To Enter Into Agreements With Indian Tribes.--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--
(1) in subsection (a), by inserting ``, or with an Indian
tribe,'' after ``with an agency of a State or local
government'';
(2) by redesignating subsection (e) as subsection (f); and
(3) by inserting after subsection (d) the following new
subsection:
``(e) Definition.--In this section, the term `Indian tribe' has the
meaning given that term by section 101(36) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9601(36)).''.
(b) Elimination of Certain Limitation on Authority.--Subsection
(b)(1) of such section is amended by striking out ``in carrying out its
environmental restoration activities''.
(c) Additional Report Information.--Subsection (d) of such section
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 and Indian
tribes under such 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 such agreements.''.
(d) Guidelines <<NOTE: 10 USC 2702 note.>> 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
cooperative agreements entered into under such section 327.
(e) Effective Date.--The <<NOTE: 10 USC 2702 note.>> amendments
made by this section shall take effect 30 days after the date on which
the report required by subsection (d) is submitted to Congress.
SEC. 343. MODIFICATIONS OF AUTHORITY TO STORE AND DISPOSE OF NONDEFENSE
TOXIC AND HAZARDOUS MATERIALS.
(a) Storage of Materials Owned by Members and Dependents.--
Subsection (a)(1) of section 2692 of title 10, United States Code, is
amended by striking out ``by the Department of Defense.'' and inserting
in lieu thereof the following: ``either by the Department of Defense or
by a member of the armed forces (or a dependent of the member) assigned
to or provided military housing on the installation.''.
[[Page 111 STAT. 1687]]
(b) Additional Authority.--Subsection (b) of such section is
amended--
(1) by redesignating paragraphs (1) through (9) as
paragraphs (2) through (10), respectively; and
(2) by inserting before paragraph (2) (as so redesignated)
the following new paragraph (1):
``(1) the storage, treatment, or disposal of materials that
will be or have been used in connection with an activity of the
Department of Defense or in connection with a service to be
performed on an installation of the Department for the benefit
of the Department;''.
(c) Storage and Disposal of Explosives To Assist Law Enforcement
Agencies.--Subsection (b) of such section is
amended in paragraph (3) (as redesignated by subsection (b))--
(1) by striking out ``Federal law enforcement'' and
inserting in lieu thereof ``Federal, State, or local law
enforcement''; and
(2) by striking out ``Federal agency'' and inserting in lieu
thereof ``Federal, State, or local agency''.
(d) Storage of Material in Connection With Authorized and Compatible
Use of a Defense Facility.--Subsection (b) of such section is amended in
paragraph (9) (as redesignated by subsection (b))--
(1) by striking out ``by a private person in connection with
the authorized and compatible use by that person of an
industrial-type'' and inserting in lieu thereof ``in connection
with the authorized and compatible use of a''; and
(2) by striking out ``; and'' at the end and inserting in
lieu thereof the following: ``, including the use of such a
facility for testing materiel or training personnel;''.
(e) Treatment and Disposal of Material in Connection With Authorized
and Compatible Use of a Defense Facility.--Subsection (b) of such
section is amended in paragraph (10) (as redesignated by subsection
(b))--
(1) by striking out ``by a private person in connection with
the authorized and compatible commercial use by that person of
an industrial-type'' and inserting in lieu thereof ``in
connection with the authorized and compatible use of a'';
(2) by striking out ``with that person'' and inserting in
lieu thereof ``or agreement with the prospective user'';
(3) by striking out ``for that person's'' in subparagraph
(B) and inserting in lieu thereof ``for the prospective
user's''; and
(4) by striking out the period at the end and inserting in
lieu thereof ``; and''.
(f) Storage of Material in Connection With Space Launch
Facilities.--Subsection (b) of such section is further amended by adding
at the end the following new paragraph:
``(11) the storage of any material that is not owned by the
Department of Defense if the Secretary of the military
department concerned determines that the material is required or
generated in connection with the use of a space launch facility
located on an installation of the Department of Defense or on
other land controlled by the United States.''.
(g) Technical Amendments.--(1) Subsection (a)(1) of such section is
further amended by striking out ``storage'' and inserting in lieu
thereof ``storage, treatment,''.
(2) The heading for such section is amended to read as follows:
[[Page 111 STAT. 1688]]
``Sec. 2692. Storage, treatment, and disposal of nondefense toxic and
hazardous materials''.
(3) The item relating to such section in the table of sections at
the beginning of chapter 159 of such title is amended to read as
follows:
``2692. Storage, treatment, and disposal of nondefense toxic and
hazardous materials.''.
(h) Savings Clause.--Nothing <<NOTE: 10 USC 2692 note.>> in the
amendments made by this section is intended to modify environmental laws
or laws relating to the siting of facilities.
SEC. 344. 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, setting forth each
Federal environmental statute under which a fine or penalty was
imposed or assessed during the fiscal year, and, 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 for environmental
projects to be carried out by the Department of Defense
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--
``(I) $100,000 or less; and
``(II) more than $100,000.''.
(b) Report in Fiscal <<NOTE: 10 USC 2706 note.>> 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. 345. 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 a statement of the funding
levels during such fiscal year for each of the following categories:
``(A) Compliance by the Department of Defense with
requirements under a treaty, law, contract, or other agreement
for environmental restoration or compliance activities.
[[Page 111 STAT. 1689]]
``(B) Performance by the Department of Defense of other
environmental restoration and compliance activities overseas.
``(C) Performance by the Department of Defense of any other
overseas activities related to the environment, including
conferences, meetings, and studies for pilot programs, and
travel related to such activities.''.
SEC. 346. REVIEW OF EXISTING ENVIRONMENTAL CONSEQUENCES OF THE PRESENCE
OF THE ARMED FORCES IN BERMUDA.
Not later <<NOTE: Reports.>> than 120 days after the date of
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on any remaining environmental
effects of the presence of the Armed Forces of the United States in
Bermuda.
SEC. 347. SENSE OF CONGRESS ON DEPLOYMENT OF UNITED STATES ARMED FORCES
ABROAD FOR ENVIRONMENTAL PRESERVATION ACTIVITIES.
(a) Sense of Congress.--It is the sense of Congress that members of
the Army, Navy, Air Force, and Marine Corps should not be deployed
outside the United States to provide assistance to another nation in
connection with environmental preservation activities in that nation,
unless the Secretary of Defense determines that such activities are
necessary for national security purposes.
(b) Scope of Section.--For purposes of this section, environmental
preservation activities do not include any of the following:
(1) Activities undertaken for humanitarian purposes,
disaster relief activities, peacekeeping activities, or
operational training activities.
(2) Environmental compliance and restoration activities
associated with military installations and deployments outside
the United States.
SEC. 348. RECOVERY <<NOTE: 10 USC 2701 note.>> AND SHARING OF COSTS OF
ENVIRONMENTAL RESTORATION AT DEPARTMENT OF DEFENSE SITES.
(a) Regulations.--Not later than March 1, 1998, the Secretary of
Defense shall prescribe regulations containing the guidelines and
requirements described in subsections (b) and (c).
(b) Guidelines.--(1) The regulations prescribed under subsection (a)
shall contain uniform guidelines for the military departments and
defense agencies concerning the cost-recovery and cost-sharing
activities of those departments and agencies.
(2) The Secretary shall take appropriate actions to ensure the
implementation of the guidelines.
(c) Requirements.--The regulations prescribed under subsection (a)
shall contain requirements for the Secretaries of the military
departments and the heads of defense agencies to--
(1) obtain all data that is relevant for purposes of cost-
recovery and cost-sharing activities; and
(2) identify any negligence or other misconduct that may
preclude indemnification or reimbursement by the Department of
Defense for the costs of environmental restoration at a
Department site or justify the recovery or sharing of costs
associated with such restoration.
(d) Definition.--In this section, the term ``cost-recovery and cost-
sharing activities'' means activities concerning--
[[Page 111 STAT. 1690]]
(1) the recovery of the costs of environmental restoration
at Department of Defense 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. 349. PARTNERSHIPS <<NOTE: 10 USC 2702 note.>> FOR INVESTMENT IN
INNOVATIVE ENVIRONMENTAL TECHNOLOGIES.
(a) Authority.--Subject to subsection (b), the Secretary of Defense
may enter into a partnership with one or more private entities to
demonstrate and validate innovative environmental technologies.
(b) Limitations.--The Secretary of Defense may enter into a
partnership with respect to an environmental technology under subsection
(a) only if--
(1) any private entities participating in the partnership
are selected through the use of competitive procedures;
(2) the partnership provides for parties other than the
Department of Defense to provide at least 50 percent of the
funding required (not including in-kind contributions or
preexisting investments); and
(3) the Secretary determines that--
(A) the technology has clear potential to be of
significant value to the Department of Defense in its
environmental remediation activities at a substantial
number of Department of Defense sites; and
(B) the technology would not be developed without
the commitment of Department of Defense funds.
(c) Evaluation Guidelines.--Before entering into a partnership with
respect to an environmental technology under subsection (a), the
Secretary of Defense shall give consideration to the
following:
(1) The potential for the technology to be used by the
Department of Defense for environmental remediation.
(2) The technical feasibility and maturity of the
technology.
(3) The adequacy of financial and management plans to
demonstrate and validate the technology.
(4) The costs and benefits to the Department of Defense of
developing and using the technology.
(5) The potential for commercialization of the technology.
(6) The proposed arrangements for sharing the costs of the
partnership through the use of resources outside the Department
of Defense.
(d) Funding.--Under a partnership entered into under subsection (a),
the Secretary of Defense may provide funds to the partner or partners
from appropriations available to the Department of Defense for
environmental activities, for a period of up to five years.
(e) Report.--In the annual report required under section 2706(a) of
title 10, United States Code, the Secretary of Defense shall include the
following information with respect to partnerships entered into under
this section:
(1) The number of such partnerships.
(2) A description of the nature of the technology involved
in each such partnership.
(3) A list of all partners in such partnerships.
[[Page 111 STAT. 1691]]
(f) Coordination.--The Secretary of Defense shall ensure that the
Department of Defense coordinates with the Administrator of the
Environmental Protection Agency in any verification sponsored by the
Department of technologies demonstrated and validated by a partnership
entered into under this section.
(g) Procedures.--The Secretary of Defense shall develop appropriate
procedures to ensure that all Department of Defense funds committed to a
partnership entered into under this section are expended for the purpose
authorized in the partnership agreement. The Secretary may not enter
into a partnership under this section until 30 days after the date on
which a copy of such procedures is provided to the Committee on Armed
Services of the Senate and the Committee on National Security of the
House of Representatives.
(h) Termination of Authority.--The authority to enter into
agreements under subsection (a) shall terminate three years after the
date of the enactment of this Act.
SEC. 350. PROCUREMENT OF RECYCLED COPIER PAPER.
(a) Procurement Requirements.--Chapter 140 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2378. Procurement of copier paper containing specified
percentages of post-consumer recycled content
``(a) Procurement Requirement.--(1) Except as provided in
subsections (b) and (c), a department or agency of the Department of
Defense may not procure copying machine paper after the applicable date
specified in paragraph (2) unless the percentage of post-consumer
recycled content of the paper meets the percentage then in effect under
such paragraph.
``(2) The percentage of post-consumer recycled content of paper
required under paragraph (1) is as follows:
``(A) 20 percent as of January 1, 1998.
``(B) 30 percent as of January 1, 1999.
``(C) 50 percent as of January 1, 2004.
``(b) Exceptions.--A department or agency of the Department of
Defense is not required to procure copying machine paper containing a
percentage of post-consumer recycled content that meets the applicable
requirement in subsection (a) if the Secretary concerned determines that
one or more of the following circumstances apply with respect to that
procurement:
``(1) The cost of procuring copying machine paper satisfying
the applicable requirement significantly exceeds the cost of
procuring copying machine paper containing a percentage of post-
consumer recycled content that does not meet such requirement.
The Secretary concerned shall establish the cost differential to
be applied under this paragraph.
``(2) Copying machine paper containing a percentage of post-
consumer recycled content meeting such requirement is not
reasonably available within a reasonable period of time.
``(3) Copying machine paper containing a percentage of post-
consumer recycled content meeting such requirement does not meet
performance standards of the department or agency for copying
machine paper.
``(c) Effect of Inability To Meet Goal in 2004.--(1) In the case of
the requirement that will take effect on January 1, 2004,
[[Page 111 STAT. 1692]]
pursuant to subsection (a)(2)(C), the requirement shall not take effect
with respect to a military department or Defense Agency if the Secretary
of Defense determines that the department or agency will be unable to
meet such requirement by that date.
``(2) The Secretary shall <<NOTE: Notice.>> submit to Congress
written notice of any determination made under paragraph (1) and the
reasons for the determination. The Secretary shall submit such notice,
if at all, not later than January 1, 2003.
``(d) Secretary Concerned Defined.--In this section, the term
`Secretary concerned' means the Secretary of each military department
and the Secretary of Defense with respect to the Defense Agencies.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2378. Procurement of copier paper containing specified percentages of
post-consumer recycled content.''.
SEC. 351. PILOT <<NOTE: 10 USC 2701 note.>> 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 the date of the enactment of this Act and ending two years
after such date.
(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
[[Page 111 STAT. 1693]]
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.).
Subtitle D--Depot-Level Activities
SEC. 355. 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 (except as provided in subsection (b))
material maintenance or repair requiring the overhaul, upgrading, 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 (1) all aspects of
software maintenance classified by the Department of Defense as of July
1, 1995, as depot-level maintenance and repair, and (2) interim
contractor support or contractor logistics support (or any similar
contractor support), to the extent that such support is for the
performance of services described in the preceding sentence.
``(b) Exceptions.--(1) The term does not include the procurement of
major modifications or upgrades of weapon systems that are designed to
improve program performance or the nuclear refueling of an aircraft
carrier. A major upgrade program covered by this exception could
continue to be performed by private or public sector activities.
[[Page 111 STAT. 1694]]
``(2) The term also does not include the procurement of parts for
safety modifications. However, the term does include the installation of
parts for that purpose.''.
(b) Conforming Amendment.--Section 2469 of title 10, United States
Code, is amended in subsections (a) and (b), by striking out ``or
repair'' and inserting in lieu thereof ``and repair''.
(c) Clerical Amendments.--(1) The table of sections at the beginning
of chapter 146 of title 10, United States Code, is amended by inserting
before the item relating to section 2461 the following new item:
``2460. Definition of depot-level maintenance and repair.''.
(2) The tables of chapters at the beginning of subtitle A, and at
the beginning of part IV of subtitle A, of such title are amended by
striking out the item relating to chapter 146 and inserting in lieu
thereof the following new item:
``146. Contracting for Performance of Civilian Commercial or
Industrial Type Functions........................................2460''.
SEC. 356. CORE LOGISTICS CAPABILITIES OF DEPARTMENT OF DEFENSE.
(a) In General.--Section 2464 of title 10, United States Code, is
amended to read as follows:
``Sec. 2464. Core logistics capabilities
``(a) Necessity for Core Logistics Capabilities.--(1) It is
essential for the national defense that the Department of Defense
maintain a core logistics capability that is Government-owned and
Government-operated (including Government personnel and Government-owned
and Government-operated equipment and facilities) to ensure a ready and
controlled source of technical competence and resources necessary to
ensure effective and timely response to a mobilization, national defense
contingency situations, and other emergency requirements.
``(2) The Secretary of Defense shall identify the core logistics
capabilities described in paragraph (1) and the workload required to
maintain those capabilities.
``(3) The core logistics capabilities identified under paragraphs
(1) and (2) shall include those capabilities that are necessary to
maintain and repair the weapon systems and other military equipment
(including mission-essential weapon systems or materiel not later than
four years after achieving initial operational capability, but excluding
systems and equipment under special access programs, nuclear aircraft
carriers, and commercial items described in paragraph (5)) that are
identified by the Secretary, in consultation with the Chairman of the
Joint Chiefs of Staff, as necessary to enable the armed forces to
fulfill the strategic and contingency plans prepared by the Chairman of
the Joint Chiefs of Staff under section 153(a) of this title.
``(4) The Secretary of Defense shall require the performance of core
logistics workloads necessary to maintain the core logistics
capabilities 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 sufficient
workload to ensure cost efficiency and technical competence in peacetime
while preserving the surge capacity and reconstitution
[[Page 111 STAT. 1695]]
capabilities necessary to support fully the strategic and contingency
plans referred to in paragraph (3).
``(5) The commercial items covered by paragraph (3) are commercial
items that have been sold or leased in substantial quantities to the
general public and are purchased without modification in the same form
that they are sold in the commercial marketplace, or with minor
modifications to meet Federal Government requirements.
``(b) Limitation on Contracting.--(1) Except as provided in
paragraph (2), performance of workload needed to maintain a logistics
capability identified by the Secretary under subsection (a)(2) may not
be contracted for performance by non-Government personnel under the
procedures and requirements of Office of Management and Budget Circular
A-76 or any successor administrative regulation or policy (hereinafter
in this section referred to as OMB Circular A-76).
``(2) The Secretary of Defense may waive paragraph (1) in the case
of any such logistics capability and provide that performance of the
workload needed to maintain that capability shall be considered for
conversion to contractor performance in accordance with OMB Circular A-
76. Any such waiver shall be made under regulations prescribed by the
Secretary and shall be based on a determination by the Secretary that
Government performance of the workload is no longer required for
national defense reasons. Such regulations shall include criteria for
determining whether Government performance of any such workload is no
longer required for national defense reasons.
``(3)(A) A waiver under paragraph (2) may not take effect until the
expiration of the first period of 30 days of continuous session of
Congress that begins on or after the date on which the Secretary submits
a report on the waiver to the Committee on Armed Services and the
Committee on Appropriations of the Senate and the Committee on National
Security and the Committee on Appropriations of the House of
Representatives.
``(B) For the purposes of subparagraph (A)--
``(i) continuity of session is broken only by an adjournment
of Congress sine die; and
``(ii) the days on which either House is not in session
because of an adjournment of more than three days to a day
certain are excluded in the computation of any period of time in
which Congress is in continuous session.''.
(b) Clerical Amendment.--The item relating to such section at the
beginning of chapter 146 of such title is amended to read as follows:
``2464. Core logistics capabilities.''.
SEC. 357. INCREASE IN PERCENTAGE OF DEPOT-LEVEL MAINTENANCE AND REPAIR
THAT MAY BE CONTRACTED FOR PERFORMANCE BY NON-GOVERNMENT
PERSONNEL.
Section 2466(a) of title 10, United States Code, is amended by
striking out ``40 percent'' and inserting in lieu thereof ``50
percent''.
SEC. 358. 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:
[[Page 111 STAT. 1696]]
``(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, the percentage of the funds
referred to in subsection (a) that were expended during the preceding
fiscal year for performance of depot-level maintenance and repair
workloads by the public and private sectors as required by section 2466
of this title.
``(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 Congress the Comptroller General'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. 359. REQUIREMENT FOR USE OF COMPETITIVE PROCEDURES IN CONTRACTING
FOR PERFORMANCE OF DEPOT-LEVEL MAINTENANCE AND REPAIR
WORKLOADS FORMERLY PERFORMED AT CLOSED OR REALIGNED MILITARY
INSTALLATIONS.
(a) Application To Certain Workloads.--(1) Chapter 146 of title 10,
United States Code, is amended by inserting after section 2469 the
following new section:
``Sec. 2469a. Use of competitive procedures in contracting for
performance of depot-level maintenance and
repair workloads formerly performed at certain
military installations
``(a) Definitions.--In this section:
``(1) The term `closed or realigned military installation'
means a military installation 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).
``(2) The term `military installation' includes a former
military installation that was a military installation when it
was approved in 1995 for closure or realignment under the
Defense Base Closure and Realignment Act of 1990 and that has
been closed or realigned under the Act.
``(3) The terms `realignment' and `realigned' mean a
decision under the Defense Base Closure and Realignment Act of
1990 that results in both a reduction and relocation of
functions and civilian personnel positions.
``(b) Covered Depot-Level Maintenance and Repair Workloads.--Except
as provided in subsection (c), this section applies with respect to any
depot-level maintenance and repair workload that--
``(1) was performed as of January 1, 1997, at a military
installation that was approved in 1995 for closure or
realignment under the Defense Base Closure and Realignment Act
of 1990 and that has been closed or realigned under the Act; and
``(2) is proposed to be converted from performance by
Department of Defense personnel to performance by a private
sector source.
``(c) Exceptions.--This section shall not apply with respect to--
[[Page 111 STAT. 1697]]
``(1) a depot-level maintenance and repair workload that is
to be consolidated to another military installation (other than
a closed or realigned military installation) as a result of a
base closure or realignment action or a decision made by the
Secretary concerned or the Defense Depot Maintenance Council;
``(2) a workload necessary to maintain a core logistics
capability identified under section 2464 of this title; or
``(3) any contract originally entered into before the date
of the enactment of the National Defense Authorization Act for
Fiscal Year 1998.
``(d) Conditions and Solicitation.--A solicitation of offers for the
performance of any depot-level maintenance and repair workload described
in subsection (b) may be issued, and a contract may be awarded pursuant
to such a solicitation, only if the following conditions are met with
respect to the contract and the solicitation specifically states the
conditions:
``(1) The source selection process used in the case of the
solicitation and contract permits the consideration of offers
submitted by private sector sources and offers submitted by
public sector sources.
``(2) The source selection process used in the case of the
solicitation and contract requires that, in the comparison of
offers, there be taken into account--
``(A) the fair market value (or if fair market value
cannot be determined, the estimated book value) of any
land, plant, or equipment from a military installation
that is proposed by a private offeror to be used to meet
a specific workload (whether these assets are provided
to the offeror by a local redevelopment authority or by
any other source approved by an official of the
Department of Defense); and
``(B) the total estimated direct and indirect costs
that will be incurred by the Department of Defense and
the total estimated direct and indirect savings
(including overhead) that will be derived by the
Department of Defense.
``(3) The cost standards used to determine the depreciation
of facilities and equipment shall, to the maximum extent
practicable, provide identical treatment to all public and
private sector offerors.
``(4) Any offeror, whether public or private, may offer to
perform the workload at any location or locations selected by
the offeror and to team with any other public or private entity
to perform that workload at one or more locations, including a
Center of Industrial and Technical Excellence designated under
section 2474 of this title.
``(5) No offeror may be given any preferential consideration
for, or in any way be limited to, performing the workload in-
place or at any other single location.
``(e) Contracts for Multiple Workloads.--(1) A solicitation may be
issued for a single contract for the performance of multiple depot-level
maintenance and repair workloads described in subsection (b) only if--
``(A) the Secretary of Defense determines in writing that
the individual workloads cannot as logically and economically
[[Page 111 STAT. 1698]]
be performed without combination by sources that are potentially
qualified to submit an offer and to be awarded a contract to
perform those individual workloads;
``(B) the Secretary submits <<NOTE: Reports.>> to Congress
a report setting forth the determination together with the
reasons for the determination; and
``(C) the solicitation of offers for the contract is issued
more than 60 days after the date on which the Secretary submits
the report.
``(2) The Comptroller General shall review each report submitted
under paragraph (1)(B) and, not later than 30 days after the report is
submitted to Congress, shall submit to Congress the Comptroller
General's views regarding the determination of the Secretary that is set
forth in the report, together with any other findings that the
Comptroller General considers appropriate.
``(f) Competitive Procedures Required.--Section 2304(c)(7) of this
title shall not be used as the basis for an exception to the requirement
to use competitive procedures for any contract for a depot-level
maintenance and repair workload described in subsection (b).
``(g) Reviews of Competitive Procedures.--If a solicitation of
offers for a contract for, or award of, any depot-level maintenance and
repair workload described in subsection (b) is issued, the Comptroller
General shall--
``(1) within 45 days after the issuance of the solicitation,
review the solicitation and report to Congress on whether the
solicitation--
``(A) provides substantially equal opportunity for
public and private offerors to compete for the contract
without regard to the location at which the workload is
to be performed; and
``(B) is in compliance with the requirements of this
section and all applicable provisions of law and
regulations; and
``(2) within 45 days after any contract or award resulting
from the solicitation is entered into or made, review the
contract or award, including the contracting or award process,
and report to Congress on whether--
``(A) the procedures used to conduct the
competition--
``(i) provided substantially equal opportunity
for public and private offerors to compete for the
contract without regard to the location at which
the workload is to be performed; and
``(ii) were in compliance with the
requirements of this section and all applicable
provisions of law and regulations;
``(B) appropriate consideration was given to factors
other than cost in the selection of the source for
performance of the workload; and
``(C) the contract or award resulted in the lowest
total cost to the Department of Defense for performance
of the workload.
``(h) Resolution of Workload Award Objections.--Any public or
private entity may, pursuant to procedures established by the Secretary,
object to a solicitation of offers under this section for the
performance of any depot-level maintenance and repair workload, or the
award or proposed award of any workload pursuant
[[Page 111 STAT. 1699]]
to such a solicitation. The Secretary may designate a qualified
individual or entity to review the objection; however, the Secretary
shall not designate the Source Selection Authority or any individual
from the same military department as the Source Selection Authority to
review the objection. The Secretary shall take appropriate action to
address any defect in the solicitation or award in the event that the
objection is sustained.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2469 the
following new item:
``2469a. Use of competitive procedures in contracting for performance of
depot-level maintenance and repair workloads formerly
performed at certain military installations.''.
(b) Limitation <<NOTE: 10 USC 2469a note.>> Relating to Timing of
Solicitation.--The first solicitation of offers from private sector
sources for the performance of a depot-level maintenance and repair
workload described in subsection (b) of section 2469a of title 10,
United States Code, as added by subsection (a), may be issued pursuant
to such section only after the date that is 30 days after the latest of
the following:
(1) The date on which the Secretary of Defense publishes and
submits to Congress a plan or Department of Defense directive
that sets forth the specific procedures for the conduct of
competitions among private and public sector entities for such
depot-level maintenance and repair workloads.
(2) The date on which the Secretary of Defense submits to
Congress the report on allocation of workloads required under
subsection (c).
(3) The date on which the Comptroller General is required to
submit the report to Congress under subsection (d).
(c) Report of <<NOTE: 10 USC 2469a note.>> Allocation of
Workload.--Before any solicitation of offers for the performance by a
private sector source of a depot-level maintenance and repair workload
at a closed or realigned installation described in subsection (b) of
section 2469a of title 10, United States Code, as added by subsection
(a), is to be issued, the Secretary of Defense shall submit to Congress
a report describing the allocation proposed by the Secretary of all
workloads that were performed at that closed or realigned military
installation (as defined in subsection (a) of such section) as of July
1, 1995, including--
(1) the workloads that are considered to be core logistics
functions under section 2464 of such title;
(2) the workloads that are proposed to be transferred to a
military installation other than a closed or realigned military
installation;
(3) the workloads that are proposed to be included in the
public-private competitions carried out under section 2469a of
such title, and, if any of such workloads are to be combined for
purposes of such a competition, the reasons for combining the
workloads, together with a description of how the workloads are
to be combined;
(4) any workload that has been determined within the
Department of Defense as no longer being necessary;
(5) the proposed schedule for implementing the allocations
covered by the report; and
(6) the anticipated capacity utilization of the military
installations and former military installations to which
workloads are to be transferred, based on the maximum potential
[[Page 111 STAT. 1700]]
capacity certified to the 1995 Defense Base Closure and
Realignment Commission, after the transfers are completed (not
taking into account any workloads that may be transferred as a
result of a public-private competition carried out under section
2469a of such title, as described in paragraph (3)).
(d) Review Regarding Award for C-5 Aircraft Workload.--(1) The
Comptroller General shall conduct a review of the award for the
performance of the C-5 aircraft workload that was made to Warner Robins
Air Logistics Center. As part of the review, the Comptroller General
shall--
(A) determine whether the procedures used to conduct the
competition--
(i) provided substantially equal opportunity for
public and private offerors to compete for the award
without regard to the location at which the workload is
to be performed; and
(ii) are in compliance with the requirements of all
applicable provisions of law and the Federal Acquisition
Regulation; and
(B) determine whether that award results in the lowest total
cost to the Department of Defense for performance of the
workload.
(2) Not later <<NOTE: Reports.>> than 60 days after the date of the
enactment of this Act, the Comptroller General shall submit to Congress
a report containing the results of the review.
SEC. 360. 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. 361. 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 approved 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
[[Page 111 STAT. 1701]]
in their core competencies throughout the Department of Defense and in
the national technology and industrial base (as defined in section
2500(1) of this title).
``(3) The Secretary of a military department may conduct a pilot
program, consistent with applicable requirements of law, to test any
practices referred to in paragraph (2) that the Secretary determines
could improve the efficiency and effectiveness of depot-level
operations, improve the support provided by depot-level activities for
the armed forces user of the services of such activities, and enhance
readiness by reducing the time that it takes to repair equipment.
``(b) Public-Private Partnerships.--The Secretary of Defense shall
enable Centers of Industrial and Technical Excellence to enter into
public-private cooperative arrangements for the performance of depot-
level maintenance and repair at such Centers and shall encourage the use
of such arrangements to maximize the utilization of the capacity at such
Centers. A public-private cooperative arrangement under this subsection
shall be known as a `public-private partnership'.
``(c) Crediting of Amounts for Performance.--Amounts received by a
Center for work performed under a public-private partnership shall be
credited to the appropriation or fund, including a working-capital fund,
that incurs the cost of performing the work.
``(d) 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) Lease of Excess Depot-Level Equipment and Facilities.--(1)
Section 2471(c) of such title is amended to read as follows:
``(c) Conformance With Authority Under Section 2667.--The provisions
of subsection (d) of section 2667 of this title shall apply to this
section in the same manner as such provisions are applicable under that
section.''.
(2) Section 2667(d)(2) of such title is amended by inserting ``or
working capital fund'' before ``from which''.
(c) Reporting Requirement.--Not later <<NOTE: 10 USC 2474 note.>>
than March 1, 1999, the Secretary of Defense shall submit to Congress a
report on the policies established by the Secretary pursuant to section
2474 of title 10, United States Code, to implement the requirements of
such section. The report shall include--
(1) the details of any public-private partnerships entered
into as of that date under subsection (b) of such section;
(2) the details of any leases entered into as of that date
under section 2471 of such title with authorized entities for
dual-use (military and nonmilitary) purposes; and
(3) the effect that the partnerships and leases had on
capacity utilization, depot rate structures, and readiness.
[[Page 111 STAT. 1702]]
SEC. 362. EXTENSION OF AUTHORITY FOR AVIATION DEPOTS AND NAVAL SHIPYARDS
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,
1999''.
SEC. 363. 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 <<NOTE: 10 USC 2466, 2469.>> striking out subsections (f)
and (g).
SEC. 364. PERSONNEL REDUCTIONS, ARMY DEPOTS PARTICIPATING IN ARMY
WORKLOAD AND PERFORMANCE SYSTEM.
(a) Limitation.--Except as necessary to implement BRAC 1995
decisions at Red River Army Depot, Texas, and Letterkenny Army Depot,
Pennsylvania, the Secretary of the Army may not initiate a reduction in
force of civilian employees at the five Army depots participating in the
demonstration and testing of the Army Workload and Performance System
until after the date on which the Secretary submits to Congress a report
certifying that the Army Workload and Performance System is fully
operational.
(b) BRAC 1995 Decisions Defined.--The term ``BRAC 1995 decisions''
means the decisions to close or realign certain military installations
resulting from the recommendations approved in 1995 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).
SEC. 365. 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 Chairman of 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
[[Page 111 STAT. 1703]]
or skills to perform the depot-level maintenance and
repair workloads--
(i) in the quantity necessary, or as rapidly
as the Secretary considers necessary, to enable
the armed forces to fulfill the national military
strategy; or
(ii) without a significant disruption or delay
in the maintenance and repair of equipment;
(D) the need for performance of workloads is too
infrequent, cyclical, or variable to sustain a reliable
base of private sector sources having the workforce
levels or skills to perform the workloads;
(E) the market conditions or workloads are
insufficient to ensure that the price of private sector
performance of the workloads can be controlled through
competition or other means;
(F) private sector sources are not adequately
responsive to the requirements of the Department for
rapid, cost-effective, and flexible response to surge
requirements or other contingency situations, including
changes in the mix or priority of previously scheduled
workloads and reassignment of employees to different
workloads without the requirement for additional
contractual negotiations;
(G) private sector sources are less willing to
assume responsibility for performing the workload as a
result of the possibility of direct military or
terrorist attack; or
(H) private sector sources cannot maintain
continuity of workforce expertise as a result of high
rates of employee turnover.
(2) The systems or equipment identified under subsection (a)
that must be maintained and repaired in Government-owned
facilities, whether Government-operated or contractor-operated,
as a result of the Secretary's determination that--
(A) the work involves facilities, technologies, or
equipment that are unique and sufficiently valuable that
the facilities, technologies, or equipment must be
maintained in the public sector in the national
interest;
(B) the private sector sources having the capability
to perform the workloads have insufficient facilities,
technology, or equipment to perform the depot-level
maintenance and repair workloads--
(i) in the quantity necessary, or as rapidly
as the Secretary considers necessary, to enable
the armed forces to fulfill the national military
strategy; or
(ii) without a significant disruption or delay
in the maintenance and repair of equipment; or
(C) the need for performance of workloads is too
infrequent, cyclical, or variable to sustain a reliable
base of private sector sources having the facilities,
technology, or equipment to perform the workloads.
(3) The systems or equipment identified under subsection (a)
that may be maintained and repaired in private sector
facilities.
(4) The approximate percentage of the total maintenance and
repair workload of the Department of Defense necessary for the
systems and equipment identified under subsection (a) that would
be performed at Department of Defense facilities,
[[Page 111 STAT. 1704]]
and at private sector facilities, as a result of the
determinations made for purposes of paragraphs (1), (2), and
(3).
SEC. 366. 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) Comptroller General Review and Report.--(1) The Comptroller
General 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. 367. SENSE OF CONGRESS REGARDING REALIGNMENT OF PERFORMANCE OF
GROUND COMMUNICATION-ELECTRONIC WORKLOAD.
It is the sense of Congress that the transfer of the ground
communication-electronic workload to Tobyhanna Army Depot, Pennsylvania,
in the realignment of the performance of such function should be carried
out in adherence to the schedule prescribed for that transfer by the
Defense Depot Maintenance Council on March 13, 1997, as follows:
(1) Transfer of 20 percent of the workload in fiscal year
1998.
(2) Transfer of 40 percent of the workload in fiscal year
1999.
(3) Transfer of 40 percent of the workload in fiscal year
2000.
[[Page 111 STAT. 1705]]
Subtitle E--Commissaries and Nonappropriated Fund Instrumentalities
SEC. 371. REORGANIZATION OF LAWS REGARDING COMMISSARIES AND EXCHANGES
AND OTHER MORALE, WELFARE, AND RECREATION ACTIVITIES.
(a) Description of Chapter.--(1) The heading of chapter 147 of title
10, United States Code, is amended to read as follows:
``CHAPTER 147--COMMISSARIES AND EXCHANGES AND OTHER MORALE, WELFARE, AND
RECREATION ACTIVITIES''.
(2) The tables of chapters at the beginning of subtitle A, and at
the beginning of part IV of subtitle A, of such title are amended by
striking out the item relating to chapter 147 and inserting in lieu
thereof the following new item:
``147. Commissaries and Exchanges and Other Morale, Welfare, and
Recreation Activities............................................2481''.
(b) Transfer and Redesignation of Unrelated Provisions.--(1) Section
2481 of title 10, United States Code, is transferred to chapter 159 of
such title, inserted after section 2685, and redesignated as section
2686.
(2) Sections 2483 and 2490 of such title are transferred to the end
of subchapter III of chapter 169 of such title and redesignated as
sections 2867 and 2868, respectively.
(3) Section 2491 of such title is redesignated as section 2500.
(c) Clerical Amendments.--(1) The table of sections at the beginning
of chapter 147 of title 10, United States Code, is amended by striking
out the items relating to sections 2481, 2483, and 2490.
(2) The table of sections at the beginning of chapter 159 of such
title is amended by inserting after the item relating to section 2685
the following new item:
``2686. Utilities and services: sale; expansion and extension of systems
and facilities.''.
(3) The table of sections at the beginning of subchapter III of
chapter 169 of such title is amended by adding at the end the following
new items:
``2867. Sale of electricity from alternate energy and cogeneration
production facilities.
``2868. Utility services: furnishing for certain buildings.''.
(4) The table of sections at the beginning of subchapter I of
chapter 148 of such title is amended by striking out the item relating
to section 2491 and inserting in lieu thereof the following new item:
``2500. Definitions.''.
(5) The tables of chapters at the beginning of subtitle A, and at
the beginning of part IV of subtitle A, of such title are amended by
striking out the item relating to chapter 148 and inserting in lieu
thereof the following new item:
``148. National Defense Technology and Industrial Base, Defense
Reinvestment, and Defense Conversion.............................2500''.
[[Page 111 STAT. 1706]]
(d) Conforming Amendments.--(1) Section 2534(d) of title 10, United
States Code, is amended by striking out ``section 2491(1)'' both places
it appears and inserting in lieu thereof ``section 2500(1)''.
(2) Section 2865(b)(2) of such title is amended by striking out
``section 2483(b)(2)'' and inserting in lieu thereof ``section
2867(b)(2)''.
SEC. 372. MERCHANDISE AND PRICING REQUIREMENTS FOR COMMISSARY STORES.
(a) Authorized Commissary Merchandise Categories.--Subsection (b) of
section 2486 of title 10, United States Code, is
amended--
(1) by striking out the matter preceding paragraph (1) and
inserting in lieu thereof the following: ``(b) Authorized
Commissary Merchandise Categories.--Merchandise sold in, at, or
by commissary stores may include items only in the following
categories:''; and
(2) by striking out paragraph (11) and inserting in lieu
thereof the following new paragraph:
``(11) Such other <<NOTE: Reports.>> merchandise categories
as the Secretary of Defense may prescribe, except that the
Secretary shall submit to Congress, not later than March 1 of
each year, a report describing--
``(A) any addition of, or change in, a merchandise
category proposed to be made under this paragraph during
the one-year period beginning on that date; and
``(B) those additions and changes in merchandise
categories actually made during the preceding one-year
period.''.
(b) Codification of Uniform Sales Price Surcharge or Adjustment.--
Subsection (c) of such section is amended--
(1) by inserting ``Uniform Sales Price Surcharge or
Adjustment.--'' after ``(c)'';
(2) by striking out ``in commissary stores.'' and inserting
in lieu thereof ``in, at, or by commissary stores.''; and
(3) by adding at the end the following new sentence:
``Effective on the date of the enactment of the National Defense
Authorization Act for Fiscal Year 1998, the uniform percentage
shall be equal to five percent and may not be changed except by
a law enacted after such date.''.
(c) Establishment of Sales Price; Congressional Notification.--
Subsection (d) of such section is amended to read as follows:
``(d) Sales Price Establishment.--(1) The Secretary of Defense shall
establish the sales price of each item of merchandise sold in, at, or by
commissary stores at the level that will recoup the actual product cost
of the item (consistent with this section and sections 2484 and 2685 of
this title).
``(2) Any change in the pricing policies for merchandise sold in,
at, or by commissary stores shall not take effect until the Secretary of
Defense submits written notice of the proposed change to Congress and a
period of 90 days of continuous session of Congress expires following
the date on which notice was received. For purposes of this paragraph,
the continuity of a session of Congress is broken only by an adjournment
of the Congress sine die, and the days on which either House is not in
session because of an adjournment or recess of more than three days to a
day certain are excluded in a computation of such 90-day period.''.
[[Page 111 STAT. 1707]]
(d) Special Rules for Certain Merchandise.--Such section is further
amended by adding at the end the following new subsection:
``(f) Special Rules for Certain Merchandise.--(1) Notwithstanding
the general requirement that merchandise sold in, at, or by commissary
stores be commissary store inventory, the Secretary of Defense may
authorize the sale of items in the merchandise categories specified in
paragraph (2) as noncommissary store inventory. Subsections (c) and (d)
shall not apply to the pricing of such merchandise items.
``(2) The merchandise categories referred to in paragraph (1) are as
follows:
``(A) Magazines and other periodicals.
``(B) Tobacco products.''.
(e) Clerical and Conforming Amendments.--Such section is further
amended--
(1) in subsection (a), by inserting ``In General.--'' after
``(a)''; and
(2) in subsection (e)--
(A) by inserting ``Special Rule for Brand-Name
Commercial Items.--'' after ``(e)''; and
(B) by striking out ``in commissary stores'' both
places it appears and inserting in lieu thereof ``in,
at, or by commissary stores''.
<<NOTE: 10 USC 2486 note.>> (f) Report on Merchandise Categories.--
Not later than 30 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to Congress a report specifying the
merchandise categories authorized for sale sold in, at, or by commissary
stores pursuant to regulations prescribed under subsection (b)(11) of
section 2486 of title 10, United States Code, as in effect before such
date.
SEC. 373. LIMITATION ON NONCOMPETITIVE PROCUREMENT OF BRAND-NAME
COMMERCIAL ITEMS FOR RESALE IN COMMISSARY STORES.
Section 2486(e) of title 10, United States Code, as amended by
section 372(e)(2), is further amended by adding at the end the following
new sentence: ``In determining whether a brand name commercial item is
regularly sold outside of commissary stores, the Secretary shall
consider only sales of the item on a regional or national basis by
commercial grocery or other retail operations consisting of multiple
stores.''.
SEC. 374. TREATMENT OF REVENUES DERIVED FROM COMMISSARY STORE
ACTIVITIES.
(a) Treatment of Revenues.--Section 2685 of title 10, United States
Code, is amended by adding at the end the following new subsection:
``(e) Other Sources of Funds for Construction and Improvements.--
Revenues received by the Secretary of Defense from the following sources
or activities of commissary store facilities shall be available for the
purposes set forth in subsections (b), (c), and (d):
``(1) Sale of recyclable materials.
``(2) Sale of excess and surplus property.
``(3) License fees.
``(4) Royalties.
[[Page 111 STAT. 1708]]
``(5) Fees paid by sources of products in order to obtain
favorable display of the products for resale, known as business
related management fees.''.
(b) Clerical Amendments.--Such section is further amended--
(1) in subsection (a), by inserting ``Adjustment or
Surcharge Authorized.--'' after ``(a)'';
(2) in subsection (b), by inserting ``Use for Construction
and Improvement of Facilities.--'' after ``(b)'';
(3) in subsection (c), by inserting ``Advance Obliga-
tion.--'' after ``(c)''; and
(4) in subsection (d), by inserting ``Cooperation With
Nonappropriated Fund Instrumentalities.--'' after ``(d)''.
SEC. 375. MAINTENANCE, REPAIR, AND RENOVATION OF ARMED FORCES RECREATION
CENTER, EUROPE.
Section 2247(b) of title 10, United States Code, is amended by
striking out ``real property maintenance, and'' and inserting in lieu
thereof ``the maintenance, repair, or renovation of real property, and
the''.
SEC. 376. PLAN FOR USE OF PUBLIC AND PRIVATE PARTNERSHIPS TO BENEFIT
MORALE, WELFARE, AND RECREATION ACTIVITIES.
(a) Plan Required.--The Secretary of Defense shall prepare a plan
containing a proposal regarding the advisability and feasibility of
permitting nonappropriated fund instrumentalities of the Department of
Defense to enter into leases, licensing agreements, concession
agreements, and other contracts with private persons and State or local
governments to facilitate the provision of facilities, goods, or
services to authorized patrons of nonappropriated fund instrumentalities
and to generate revenues for the Department of Defense to be used solely
for the benefit of nonappropriated fund instrumentalities.
(b) Recommendations for Scope of Plan.--In developing the proposal
under subsection (a), the Secretary shall include recommendations
regarding the following:
(1) The proposed criteria to be used to select goods or
services suitable for provision to patrons of nonappropriated
fund instrumentalities through a lease or other contractual
arrangement.
(2) The proposed mechanism to be used to assess the likely
impact of such a lease or other contractual arrangement on
private businesses in the locality that provide the same goods
or services proposed to be provided under such a lease or other
contractual arrangement.
(3) The feasibility and desirability of authorizing persons
who are not authorized patrons of nonappropriated fund
instrumentalities to receive goods and services provided through
such a lease or other contractual arrangement.
(4) The proposed mechanism to be used to ensure that such a
lease or contract will not be inconsistent with and will not
adversely affect the mission of the Department of Defense or the
nonappropriated fund instrumentality involved.
(c) Submission of Plan.--Not later than March 1, 1998, the Secretary
shall submit to Congress the plan required under subsection (a).
[[Page 111 STAT. 1709]]
Subtitle F--Other Matters
SEC. 381. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENEFIT
DEPENDENTS OF MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF
DEFENSE CIVILIAN EMPLOYEES.
(a) Continuation of Department of Defense Program for Fiscal Year
1998.--Of the amount authorized to be appropriated pursuant to section
301(5) for operation and maintenance for Defense-wide activities--
(1) $30,000,000 shall be available for providing educational
agencies assistance (as defined in subsection (d)(1)) to local
educational agencies; and
(2) $5,000,000 shall be available for making educational
agencies payments (as defined in subsection (d)(2)) to local
educational agencies.
(b) Notification.--Not later than June 30, 1998, the Secretary of
Defense shall--
(1) notify each local educational agency that is eligible
for educational agencies assistance for fiscal year 1998 of that
agency's eligibility for such assistance and the amount of such
assistance for which that agency is eligible; and
(2) notify each local educational agency that is eligible
for an educational agencies payment for fiscal year 1998 of that
agency's eligibility for such payment and the amount of the
payment for which that agency is eligible.
(c) Disbursement of Funds.--The Secretary of Defense shall disburse
funds made available under paragraphs (1) and (2) of subsection (a) not
later than 30 days after the date on which notification to the eligible
local educational agencies is provided pursuant to subsection (b).
(d) Definitions.--In this section:
(1) The term ``educational agencies assistance'' means
assistance authorized under section 386(b) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 20 U.S.C. 7703 note).
(2) The term ``educational agencies payments'' means
payments authorized under section 386(d) of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 20
U.S.C. 7703 note).
(3) The term ``local educational agency'' has the meaning
given that term in section 8013(9) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
(e) Technical Correction Relating to Original Assistance
Authority.--Section 386(c)(1) of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 20 U.S.C. 7703 note) is
amended--
(1) by striking out ``section 8003(a)'' and inserting in
lieu thereof ``section 8003(a)(1)''; and
(2) by striking out ``(20 U.S.C. 7703(a))'' and inserting in
lieu thereof ``(20 U.S.C. 7703(a)(1))''.
SEC. 382. CENTER FOR EXCELLENCE IN DISASTER MANAGEMENT AND HUMANITARIAN
ASSISTANCE.
(a) Establishment and Operation of Center.--(1) Chapter 7 of title
10, United States Code, is amended by adding at the end the following
new section:
[[Page 111 STAT. 1710]]
``Sec. 182. 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 (in
this section referred to as the `Center').
``(b) Missions.--(1) The Center shall be used 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
coordination between the Department of Defense and other agencies.
``(2) The Center shall be used to make available high-quality
disaster management and humanitarian assistance in response to
disasters.
``(3) The Center shall be used 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 the 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) The Center shall develop a repository of disaster risk
indicators for the Asia-Pacific region.
``(5) The Center shall perform such other missions as the Secretary
of Defense may specify.
``(c) Joint Operation With Educational Institution Authorized.--The
Secretary of Defense 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 Donations.--(1) Except as provided in paragraph
(2), the Secretary of Defense may accept, on behalf of the Center,
donations to be used to defray the costs of the Center or to enhance the
operation of the Center. Such donations may be accepted 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) The Secretary may not accept a donation under paragraph (1) if
the acceptance of the donation would compromise or appear to
compromise--
``(A) the ability of the Department of Defense, any employee
of the Department, or members of the armed forces, to carry out
any responsibility or duty of the Department in a fair and
objective manner; or
``(B) the integrity of any program of the Department of
Defense or of any person involved in such a program.
[[Page 111 STAT. 1711]]
``(3) The Secretary shall prescribe written guidance setting forth
the criteria to be used in determining whether or not the acceptance of
a foreign donation would have a result described in paragraph (2).
``(4) Funds accepted by the Secretary under paragraph (1) as a
donation on behalf of the Center 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.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``182. Center for Excellence in Disaster Management and Humanitarian
Assistance.''.
(b) Funding for Fiscal Year 1998.--Of the funds authorized to be
appropriated pursuant to section 301(5) for operation and maintenance
for Defense-wide activities, $5,000,000 shall be available for the
operation of the Center for Excellence in Disaster Management and
Humanitarian Assistance established under section 182 of title 10,
United States Code, as added by subsection (a).
SEC. 383. APPLICABILITY OF FEDERAL PRINTING REQUIREMENTS TO DEFENSE
AUTOMATED PRINTING SERVICE.
(a) In General.--Subchapter I of chapter 8 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 195. Defense Automated Printing Service: applicability of Federal
printing requirements
``The Defense Automated Printing Service shall comply fully with the
requirements of section 501 of title 44 relating to the production and
procurement of printing, binding, and blank-book work.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:
``195. Defense Automated Printing Service: applicability of Federal
printing requirements.''.
SEC. 384. STUDY AND NOTIFICATION REQUIREMENTS FOR CONVERSION OF
COMMERCIAL AND INDUSTRIAL TYPE FUNCTIONS TO CONTRACTOR
PERFORMANCE.
(a) Additional Notification Requirement.--Subsection (a)(1) of
section 2461 of title 10, United States Code, is amended by inserting
before the semicolon the following: ``and the anticipated length and
cost of the study''.
(b) Notification of Conversion Decision.--Subsection (b) of such
section is amended by adding at the end the following new sentence:
``The notification shall include the timetable for completing conversion
of the function to contractor performance.''.
(c) Waiver for Small Functions.--Subsection (d) of such section is
amended by striking out ``45 or fewer'' and inserting in lieu thereof
``20 or fewer''.
[[Page 111 STAT. 1712]]
SEC. 385. COLLECTION AND RETENTION OF COST INFORMATION DATA ON CONVERTED
SERVICES AND FUNCTIONS.
(a) Collection and Retention Required.--Section 2463 of title 10,
United States Code, is amended to read as follows:
``Sec. 2463. Collection and retention of cost information data on
converted services and functions
``(a) Requirements in Connection With Conversion to Contractor
Performance.--With respect to each contract converting the performance
of a service or function of the Department of Defense to contractor
performance (and any extension of such a contract), the Secretary of
Defense shall collect, during the term of the contract or extension, but
not to exceed five years, cost information data regarding performance of
the service or function by private contractor employees.
``(b) Requirements in Connection With Return to Employee
Performance.--Whenever the performance of a commercial or industrial
type activity of the Department of Defense that is being performed by 50
or more employees of a private contractor is changed to performance by
civilian employees of the Department of Defense, the Secretary of
Defense shall collect, for a five-year period, cost information data
comparing--
``(1) the estimated costs of continued performance of such
activity by private contractor employees; and
``(2) the costs of performance of such activity by civilian
employees of the Department of Defense.
``(c) Retention of Information.--With regard to the conversion to or
from contractor performance of a particular service or function of the
Department of Defense, the Secretary of Defense shall provide for the
retention of information collected under this section for at least a 10-
year period beginning at the end of the final year in which the
information is collected.''.
(b) Clerical Amendment.--The item relating to such section in the
table of sections at the beginning of chapter 146 of title 10, United
States Code, is amended to read as follows:
``2463. Collection and retention of cost information data on converted
services and functions.''.
SEC. 386. 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 new section:
``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
of the Army under paragraphs (6), (10), and (11) of section 3013(b) of
title 10.
[[Page 111 STAT. 1713]]
``(c) Disbursement Through National Guard Bureau.--The Secretary of
the Army 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 new item:
``113. Federal financial assistance for support of additional duties
assigned to the Army National Guard.''.
SEC. 387. COMPETITIVE PROCUREMENT OF PRINTING AND DUPLICATION SERVICES.
(a) Extension of Requirement To Use Private-Sector Sources.--
Subsection (a) of section 351 of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 266) is amended--
(1) by striking out ``and 1997'' and inserting in lieu
thereof ``through 1998''; and
(2) by striking out ``Defense Printing Service'' and
inserting in lieu thereof ``Defense Automated Printing
Service''.
(b) Surcharge for Services.--Such section is further amended by
adding at the end the following new subsection:
``(d) Conditions on Imposition of Surcharge.--(1) Any surcharge
imposed by the Defense Automated Printing Service on printing and
duplication services for the Department of Defense shall be based on
direct services provided by the Defense Automated Printing Service and
reflect the costs incurred by the Defense Automated Printing Service, as
described in its annual budget.
``(2) The Defense Automated Printing Service may not impose a
surcharge on any printing and duplication service for the Department of
Defense that is procured from a source outside of the Department.''.
<<NOTE: 10 USC 195 note.>> (c) Authority To Procure Services From
Government Printing Office.--Consistent with section 501 of title 44,
United States Code, the Secretary of a military department or head of a
Defense Agency may contract directly with the Government Printing Office
for printing and duplication services otherwise available through the
Defense Automated Printing Service.
SEC. 388. CONTINUATION AND EXPANSION OF DEMONSTRATION PROGRAM TO
IDENTIFY OVERPAYMENTS MADE TO VENDORS.
(a) Scope of Program.--Section 354 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat.
268; 10 U.S.C. 2461 note) is amended--
(1) in subsection (a), by striking out the second sentence;
and
(2) in subsection (b)(1), by striking out ``of the Defense
Logistics Agency that relate to (at least) fiscal years 1993,
1994, and 1995'' and inserting in lieu thereof ``relating to
fiscal years after fiscal year 1993 of the working-capital funds
and industrial, commercial, and support type activities managed
through the Defense Business Operations Fund, except the Defense
Logistics Agency to the extent such records have already been
audited''.
[[Page 111 STAT. 1714]]
(b) Collection Method; Contractor Payments.--Such section is further
amended by striking out subsections (d) and (e) and inserting in lieu
thereof the following new subsections:
``(d) Collection Method.--(1) In the case of an overpayment to a
vendor identified under the demonstration program, the Secretary shall
consider the use of the procedures specified in section 32.611 of the
Federal Acquisition Regulation, regarding a setoff against existing
invoices for payment to the vendor, as the first method by which the
Department seeks to recover the amount of the overpayment (and any
applicable interest and penalties) from the vendor.
``(2) The Secretary of Defense shall be solely responsible for
notifying a vendor of an overpayment made to the vendor and identified
under the demonstration program and for recovering the amount of the
overpayment (and any applicable interest and penalties) from the vendor.
``(e) Fees for Contractor.--The Secretary shall pay to the
contractor under the contract entered into under the demonstration
program an amount not to exceed 25 percent of the total amount recovered
by the Department (through the collection of overpayments and the use of
setoffs) solely on the basis of information obtained as a result of the
audits performed by the contractor under the program. When an
overpayment is recovered through the use of a setoff, amounts for the
required payment to the contractor shall be derived from funds available
to the working-capital fund or industrial, commercial, or support type
activity for which the overpayment is recovered.''.
<<NOTE: 10 USC 2461 note.>> (c) GAO Review.--Not later than December
31, 1998, the Comptroller General shall submit to Congress a report
containing the results of a review by the Comptroller General of the
demonstration program conducted under section 354 of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 10
U.S.C. 2461 note). In the review, the Comptroller General shall--
(1) assess the success of the methods used in the
demonstration program to identify overpayments made to vendors;
(2) consider the types of overpayments identified and the
feasibility of avoiding such overpayments through contract
adjustments;
(3) determine the total amount of overpayments recovered
under the demonstration program; and
(4) develop recommendations for improving the process by
which overpayments are recovered by the Department of Defense.
<<NOTE: 10 USC 2461 note.>> SEC. 389. DEVELOPMENT OF STANDARD FORMS
REGARDING PERFORMANCE WORK STATEMENT AND REQUEST FOR
PROPOSAL FOR CONVERSION OF CERTAIN OPERATIONAL FUNCTIONS OF
MILITARY INSTALLATIONS.
(a) Standardization of Requirements.--The Secretary of Defense is
authorized and encouraged to develop standard forms (to be known as a
``standard performance work statement'' and a ``standard request for
proposal'') for use in the consideration for conversion to contractor
performance of commercial services and functions at military
installations. A separate standard form shall be developed for each
service and function.
(b) Relationship to OMB Requirements.--A standard performance work
statement or a standard request for proposal
[[Page 111 STAT. 1715]]
developed under subsection (a) must fulfill the basic requirements of
the performance work statement or request for proposal otherwise
required under the procedures and requirements of Office of Management
and Budget Circular A-76 (or any successor administrative regulation or
policy) in effect at the time the standard form will be used.
(c) Priority Development of Certain Forms.--In developing standard
performance work statements and standard requests for proposal, the
Secretary shall give first priority to those commercial services and
functions that the Secretary determines have been successfully converted
to contractor performance on a repeated basis.
(d) Incentive for Use.--Beginning not later than October 1, 1998, if
a standard performance work statement or a standard request for proposal
is developed under subsection (a) for a particular service and function,
the standard form may be used in lieu of the performance work statement
or request for proposal otherwise required under the procedures and
requirements of Office of Management and Budget Circular A-76 in
connection with the consideration for conversion to contractor
performance of that service or function at a military installation.
(e) Exclusion of Multifunction Conversion.--If a commercial service
or function for which a standard form is developed under subsection (a)
is combined with another service or function (for which such a form has
not yet been developed) for purposes of considering the services and
functions at the military installation for conversion to contractor
performance, a standard performance work statement or a standard request
for a proposal developed under subsection (a) may not be used in the
conversion process in lieu of the procedures and requirements of Office
of Management and Budget Circular A-76.
(f) Effect on Other Laws.--Nothing in this section shall be
construed to supersede any other requirements or limitations,
specifically contained in chapter 146 of title 10, United States Code,
on the conversion to contractor performance of activities performed by
civilian employees of the Department of Defense.
(g) GAO Report.--Not later than June 1, 1999, the Secretary of
Defense shall submit to Congress a report reviewing the implementation
of this section.
(h) Military Installation Defined.--For purposes of this section,
the term ``military installation'' means a base, camp, post, station,
yard, center, homeport facility for any ship, or other activity under
the jurisdiction of the Department of Defense, including any leased
facility.
SEC. 390. BASE OPERATIONS SUPPORT FOR MILITARY INSTALLATIONS ON GUAM.
(a) Contractor Use of Nonimmigrant Aliens.--Each contract for base
operations support to be performed on Guam shall contain a condition
that work under the contract may not be performed by any alien who is
issued a visa or otherwise provided nonimmigrant status under section
101(a)(15)(H)(ii) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)).
(b) Application of Section.--This section shall apply to contracts
entered into, amended, or otherwise modified on or after the date of the
enactment of this Act.
[[Page 111 STAT. 1716]]
<<NOTE: 10 USC 2304 note.>> SEC. 391. 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 the 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 the 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 the 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 on
September 30, 1999, and contracts entered into under this section shall
terminate not later than that date.
(g) Reporting Requirements.--(1) 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:
(A) The number of contracts entered into under the program.
(B) The extent to which the services provided under the
contracts resulted in financial benefits for the Federal
Government.
(C) 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.
[[Page 111 STAT. 1717]]
(2) Not later than March 1, 2000, the Comptroller General shall
submit to Congress a report containing the results of a review by the
Comptroller General of the pilot program. In the review, the Comptroller
General shall--
(A) assess the success of the methods used in the
demonstration program to identify and recover Department of
Defense claims under aircraft engine warranties;
(B) determine the total amount recovered by the Department
of Defense under the pilot program;
(C) evaluate the report prepared by the Secretary under
paragraph (1); and
(D) develop recommendations for improving the process by
which warranty claims are recovered by the Department of
Defense.
<<NOTE: 10 USC 113 note.>> SEC. 392. PROGRAM TO INVESTIGATE FRAUD,
WASTE, AND ABUSE WITHIN DEPARTMENT OF DEFENSE.
The Secretary of Defense shall maintain a specific coordinated
program for the investigation of evidence of fraud, waste, and abuse
within the Department of Defense, particularly fraud, waste, and abuse
regarding finance and accounting matters.
SEC. 393. MULTITECHNOLOGY AUTOMATED READER CARD DEMONSTRATION PROGRAM.
(a) Program Required.--The Secretary of the Navy shall carry out a
program to demonstrate expanded use of multitechnology automated reader
cards throughout the Navy and the Marine Corps. The demonstration
program shall include demonstration of the use of the so-called
``smartship'' technology of the ship-to-shore work load/off load program
of the Navy.
(b) Period of Program.--The Secretary shall carry out the
demonstration program for two years beginning not later than January 1,
1998.
(c) Report.--Not later than 90 days after termination of the
demonstration program, the Secretary shall submit to Congress a report
on the results of the program.
(d) Funding.--Of the amount authorized to be appropriated pursuant
to section 301(2) for operation and maintenance for the Navy,
$36,000,000 shall be available for the demonstration program under this
section, of which $6,300,000 shall be available for demonstration of the
use of the so-called ``smartship'' technology of the ship-to-shore work
load/off load program of the Navy.
SEC. 394. REDUCTION IN OVERHEAD COSTS OF INVENTORY CONTROL POINTS.
(a) Report and Plan Required.--Not later than March 1, 1998, the
Secretary of Defense shall submit to Congress a report containing a plan
to reduce overhead costs of the supply management activities of the
Defense Logistics Agency and the military departments (known as
Inventory Control Points) so that the overhead costs for each fiscal
year after fiscal year 2000 do not exceed eight percent of net sales at
standard price by Inventory Control Points during that year.
(b) Additional Report Requirement.--In addition to the plan, the
report shall include the following:
(1) An identification of inherently governmental, core and
noncore functions in Inventory Control Points and Distribution
Depots.
[[Page 111 STAT. 1718]]
(2) A description of efforts, other than prime vendor and
virtual prime vendor, underway or proposed to improve the
efficiency, incentives, and accountability in Department of
Defense supply, inventory and warehousing services and rates.
(3) An identification and description of the benchmarks
established in the warehousing, distribution, and supply
functions of the Department and the relationship of the
benchmarks to performance measurement methods used in the
private sector.
(4) A description of the outcome-oriented performance
measures that are currently being used to evaluate Inventory
Control Points and Distribution Depots.
(5) A specification of any legislative, regulatory, or
operational impediments to achieving the requirement in
subsection (a) and implementing best business practices in the
warehousing, distribution, and supply functions of the
Department.
(c) Definitions.--For purposes of this section:
(1) The term ``overhead costs'' means the total expenses of
the Inventory Control Points, excluding--
(A) annual materiel costs; and
(B) military and civilian personnel related costs,
defined as personnel compensation and benefits under the
March 1996 Department of Defense Financial Management
Regulations, Volume 2A, Chapter 1, Budget Account Title
File (Object Classification Name/Code), object
classifications 200, 211, 220, 221, 222, and 301.
(2) The term ``net sales at standard price'' has the meaning
given that term in the March 1996 Department of Defense
Financial Management Regulations, Volume 2B, Chapter 9, and
displayed in ``Exhibit Fund--14 Revenue and Expenses'' for the
supply management business areas.
<<NOTE: 10 USC 2458 note.>> SEC. 395. INVENTORY MANAGEMENT.
(a) Development and Submission of Schedule.--Not later than 180 days
after the date of the enactment of this Act, the Director of the Defense
Logistics Agency shall develop and submit to Congress a schedule for
implementing within the agency, for the supplies and equipment described
in subsection (b), inventory practices identified by the Director as
being the best commercial inventory practices for the acquisition and
distribution of 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 the date of
the enactment of this Act.
(b) Covered Supplies and Equipment.--Subsection (a) shall apply to
the following types of supplies and equipment for the Department of
Defense:
(1) Medical and pharmaceutical.
(2) Subsistence.
(3) Clothing and textiles.
(4) Commercially available electronics.
(5) Construction.
(6) Industrial.
(7) Automotive.
(8) Fuel.
(9) Facilities maintenance.
[[Page 111 STAT. 1719]]
(c) Definition.--For purposes of this section, the term ``best
commercial inventory practice'' includes a so-called prime vendor
arrangement and any other practice that the Director determines will
enable the Defense Logistics Agency to reduce inventory levels and
holding costs while improving the responsiveness of the supply system to
user needs.
(d) Report on Expansion of Covered Supplies and Equipment.--Not
later than March 1, 1998, the Comptroller General shall submit to
Congress a report evaluating the feasibility of expanding the list of
covered supplies and equipment under subsection (b) to include
repairable items.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Permanent end strength levels to support two major regional
contingencies.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Subtitle C--Authorization of Appropriations
Sec. 421. Authorization of appropriations for military personnel.
Subtitle A--Active Forces
<<NOTE: 10 USC 115 note.>> 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, 495,000.
(2) The Navy, 390,802.
(3) The Marine Corps, 174,000.
(4) The Air Force, 371,577.
SEC. 402. PERMANENT END STRENGTH LEVELS TO SUPPORT TWO MAJOR REGIONAL
CONTINGENCIES.
(a) Change in Permanent End Strengths.--Subsection (b) of section
691 of title 10, United States Code, is amended--
(1) in paragraph (2), by striking out ``395,000'' and
inserting in lieu thereof ``390,802''; and
(2) in paragraph (4), by striking out ``381,000'' and
inserting in lieu thereof ``371,577''.
(b) Increased Flexibility for the Army.--Subsection (e) of such
section is amended by inserting ``or, in the case of the Army, by not
more than 1.5 percent'' before the period at the end.
Subtitle B--Reserve Forces
SEC. 411. END <<NOTE: 10 USC 12001 note.>> STRENGTHS FOR SELECTED
RESERVE.
(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September 30,
1998, as follows:
[[Page 111 STAT. 1720]]
(1) The Army National Guard of the United States, 361,516.
(2) The Army Reserve, 208,000.
(3) The Naval Reserve, 94,294.
(4) The Marine Corps Reserve, 42,000.
(5) The Air National Guard of the United States, 108,002.
(6) The Air Force Reserve, 73,447.
(7) The Coast Guard Reserve, 8,000.
(b) Adjustments.--The end strengths prescribed by subsection (a) for
the Selected Reserve of any reserve component shall be proportionately
reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of the
fiscal year, and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or for
unsatisfactory participation in training) without their consent
at the end of the fiscal year.
Whenever such units or such individual members are released from active
duty during any fiscal year, the end strength prescribed for such fiscal
year for the Selected Reserve of such reserve component shall be
proportionately increased by the total authorized strengths of such
units and by the total number of such individual members.
SEC. 412. <<NOTE: 10 USC 12001 note.>> END STRENGTHS FOR RESERVES ON
ACTIVE DUTY IN SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30, 1998,
the following number of Reserves to be serving on full-time active duty
or full-time duty, in the case of members of the National Guard, for the
purpose of organizing, administering, recruiting, instructing, or
training the reserve components:
(1) The Army National Guard of the United States, 22,310.
(2) The Army Reserve, 11,500.
(3) The Naval Reserve, 16,136.
(4) The Marine Corps Reserve, 2,559.
(5) The Air National Guard of the United States, 10,671.
(6) The Air Force Reserve, 867.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
(a) Authorization for <<NOTE: 10 USC 115 note.>> Fiscal Year
1998.--The minimum number of military technicians (dual status) as of
the last day of fiscal year 1998 for the reserve components of the Army
and the Air Force (notwithstanding section 129 of title 10, United
States Code) shall be the following:
(1) For the Army Reserve, 5,503.
(2) For the Army National Guard of the United States,
23,125.
(3) For the Air Force Reserve, 9,802.
(4) For the Air National Guard of the United States, 22,853.
(b) Requests for Future Fiscal Years.--Section 115(g) of title 10,
United States Code, is amended by adding at the end the following new
sentence: ``In each budget submitted by the President to Congress under
section 1105 of title 31, the end strength requested for military
technicians (dual status) for each
[[Page 111 STAT. 1721]]
reserve component of the Army and Air Force shall be specifically set
forth.''.
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
$69,470,505,000. 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--Officer Personnel Policy
Sec. 501. Limitation on number of general and flag officers who may
serve in
positions outside their own service.
Sec. 502. Exclusion of certain retired officers from limitation on
period of recall to active duty.
Sec. 503. Clarification of officers eligible for consideration by
promotion boards.
Sec. 504. Authority to defer mandatory retirement for age of officers
serving as chaplains.
Sec. 505. Increase in number of officers allowed to be frocked to grades
of colonel and Navy captain.
Sec. 506. Increased years of commissioned service for mandatory
retirement of
regular generals and admirals in grades above major general
and rear admiral.
Sec. 507. Uniform policy for requirement of exemplary conduct by
commanding
officers and others in authority.
Sec. 508. Report on the command selection process for District Engineers
of the Army Corps of Engineers.
Subtitle B--Reserve Component Matters
Sec. 511. Individual Ready Reserve activation authority.
Sec. 512. Termination of Mobilization Income Insurance Program.
Sec. 513. Correction of inequities in medical and dental care and death
and disability benefits for reserve members who incur or
aggravate an illness in the line of duty.
Sec. 514. Authority to permit non-unit assigned officers to be
considered by vacancy promotion board to general officer
grades.
Sec. 515. Prohibition on use of Air Force Reserve AGR personnel for Air
Force base security functions.
Sec. 516. Involuntary separation of reserve officers in an inactive
status.
Sec. 517. Federal status of service by National Guard members as honor
guards at funerals of veterans.
Subtitle C--Military Technicians
Sec. 521. Authority to retain on the reserve active-status list until
age 60 military technicians in the grade of brigadier
general.
Sec. 522. Military technicians (dual status).
Sec. 523. Non-dual status military technicians.
Sec. 524. Report on feasibility and desirability of conversion of AGR
personnel to military technicians (dual status).
Subtitle D--Measures To Improve Recruit Quality and Reduce Recruit
Attrition
Sec. 531. Reform of military recruiting systems.
Sec. 532. Improvements in medical prescreening of applicants for
military service.
Sec. 533. Improvements in physical fitness of recruits.
[[Page 111 STAT. 1722]]
Subtitle E--Military Education and Training
Part I--Officer Education Programs
Sec. 541. Requirement for candidates for admission to United States
Naval
Academy to take oath of allegiance.
Sec. 542. Service academy foreign exchange program.
Sec. 543. Reimbursement of expenses incurred for instruction at service
academies of persons from foreign countries.
Sec. 544. Continuation of support to senior military colleges.
Sec. 545. Report on making United States nationals eligible for
participation in Senior Reserve Officers' Training Corps.
Sec. 546. Coordination of establishment and maintenance of Junior
Reserve
Officers' Training Corps units to maximize enrollment and
enhance
efficiency.
Part II--Other Education Matters
Sec. 551. United States Naval Postgraduate School.
Sec. 552. Community College of the Air Force.
Sec. 553. Preservation of entitlement to educational assistance of
members of the Selected Reserve serving on active duty in
support of a contingency
operation.
Part III--Training of Army Drill Sergeants
Sec. 556. Reform of Army drill sergeant selection and training process.
Sec. 557. Training in human relations matters for Army drill sergeant
trainees.
Subtitle F--Commission on Military Training and Gender-Related Issues
Sec. 561. Establishment and composition of Commission.
Sec. 562. Duties.
Sec. 563. Administrative matters.
Sec. 564. Termination of Commission.
Sec. 565. Funding.
Sec. 566. Subsequent consideration by Congress.
Subtitle G--Military Decorations and Awards
Sec. 571. Purple Heart to be awarded only to members of the Armed
Forces.
Sec. 572. Eligibility for Armed Forces Expeditionary Medal for
participation in
Operation Joint Endeavor or Operation Joint Guard.
Sec. 573. Waiver of time limitations for award of certain decorations to
specified persons.
Sec. 574. Clarification of eligibility of members of Ready Reserve for
award of
service medal for heroism.
Sec. 575. One-year extension of period for receipt of recommendations
for decorations and awards for certain military intelligence
personnel.
Sec. 576. Eligibility of certain World War II military organizations for
award of unit decorations.
Sec. 577. Retroactivity of Medal of Honor special pension.
Subtitle H--Military Justice Matters
Sec. 581. Establishment of sentence of confinement for life without
eligibility for parole.
Sec. 582. Limitation on appeal of denial of parole for offenders serving
life
sentence.
Subtitle I--Other Matters
Sec. 591. Sexual harassment investigations and reports.
Sec. 592. Sense of the Senate regarding study of matters relating to
gender equity in the Armed Forces.
Sec. 593. Authority for personnel to participate in management of
certain non-
Federal entities.
Sec. 594. Treatment of participation of members in Department of Defense
civil military programs.
Sec. 595. Comptroller General study of Department of Defense civil
military
programs.
Sec. 596. Establishment of public affairs specialty in the Army.
Sec. 597. Grade of defense attache in France.
Sec. 598. Report on crew requirements of WC-130J aircraft.
Sec. 599. Improvement of missing persons authorities applicable to
Department of Defense.
[[Page 111 STAT. 1723]]
Subtitle A--Officer Personnel Policy
SEC. 501. LIMITATION ON NUMBER OF GENERAL AND FLAG OFFICERS WHO MAY
SERVE IN POSITIONS OUTSIDE THEIR OWN SERVICE.
(a) In General.--Chapter 41 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 721. General and flag officers: limitation on appointments,
assignments, details, and duties outside an
officer's own service
``(a) Limitation.--An officer described in subsection (b) may not be
appointed, assigned, or detailed for a period in excess of 180 days to a
position external to that officer's armed force if, immediately
following such appointment, assignment, or detail, the number of
officers described in subsection (b) serving in positions external to
such officers' armed force would be in excess of 26.5 percent of the
total number of the officers described in subsection (b).
``(b) Covered Officers.--The officers covered by subsection (a), and
to be counted for the purposes of the limitation in that subsection, are
the following:
``(1) Any general or flag officer counted for purposes of
section 526(a) of this title.
``(2) Any general or flag officer serving in a joint duty
assignment position designated by the Chairman of the Joint
Chiefs of Staff under section 526(b) of this title.
``(3) Any colonel or Navy captain counted for purposes of
section 777(d)(1) of this title.
``(c) External Positions.--For purposes of this section, the
following positions shall be considered to be external to an officer's
armed force:
``(1) Any position (including a position in joint education)
that is a joint duty assignment for purposes of chapter 38 of
this title.
``(2) Any position in the Office of the Secretary of
Defense, a Defense Agency, or a Department of Defense Field
Activity.
``(3) Any position in the Joint Chiefs of Staff, the Joint
Staff, or the headquarters of a combatant command (as defined in
chapter 6 of this title).
``(4) Any position in the National Guard Bureau.
``(5) Any position outside the Department of Defense,
including any position in the headquarters of the North Atlantic
Treaty Organization or any other international military command,
any combined or multinational command, or military mission.
``(d) Treatment of Officers Holding Multiple Positions.--(1) If an
officer described in subsection (b) simultaneously holds both a position
external to that officer's armed force and another position not external
to that officer's armed force, the Secretary of Defense shall determine
whether that officer shall be counted for the purposes of this section.
``(2) The Secretary of <<NOTE: Reports.>> Defense shall submit to
Congress an annual report on the number of officers to whom paragraph
(1) was applicable during the year covered by the report. The report
[[Page 111 STAT. 1724]]
shall set forth the determination made by the Secretary under that
paragraph in each such case.
``(e) Assignments, Etc., for Periods in Excess of 180 Days.--For
purposes of this section, the appointment, assignment, or detail of an
officer to a position shall be considered to be for a period in excess
of 180 days unless the appointment, assignment, or detail specifies that
it is made for a period of 180 days or less.
``(f) Waiver <<NOTE: President.>> During Period of War or National
Emergency.--The President may suspend the operation of this section
during any period of war or of national emergency declared by Congress
or the President.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``721. General and flag officers: limitation on appointments,
assignments, details, and duties outside an officer's own
service.''.
SEC. 502. EXCLUSION OF CERTAIN RETIRED OFFICERS FROM LIMITATION ON
PERIOD OF RECALL TO ACTIVE DUTY.
Section 688(e) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' before ``A member''; and
(2) by adding at the end the following:
``(2) Paragraph (1) does not apply to the following officers:
``(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 active duty to which ordered.
``(C) An officer assigned to duty with the American Battle
Monuments Commission for the period of active duty to which
ordered.''.
SEC. 503. CLARIFICATION OF OFFICERS ELIGIBLE FOR CONSIDERATION BY
PROMOTION BOARDS.
(a) Officers on the Active-Duty List.--Section 619(d) of title 10,
United States Code, is amended--
(1) by striking out ``grade--'' in the matter preceding
paragraph (1) and inserting in lieu thereof ``grade any of the
following officers:'';
(2) in paragraph (1)--
(A) by striking out ``an officer'' and inserting in
lieu thereof ``An officer''; and
(B) by striking out ``; or'' at the end and
inserting in lieu thereof a period;
(3) by redesignating paragraph (2) as paragraph (3) and in
that paragraph striking out ``an officer'' and inserting in lieu
thereof ``An officer''; and
(4) by inserting after paragraph (1) the following new
paragraph (2):
``(2) An officer who is recommended for promotion to that
grade in the report of an earlier selection board convened under
that section, in the case of such a report that has not yet been
approved by the President.''.
(b) Officers on the Reserve Active-Status List.--Section 14301(c) of
such title is amended--
[[Page 111 STAT. 1725]]
(1) by striking out ``grade--'' in the matter preceding
paragraph (1) and inserting in lieu thereof ``grade any of the
following officers:'';
(2) by striking out ``an officer'' in each of paragraphs
(1), (2), and (3) and inserting in lieu thereof ``An officer'';
(3) by striking out the semicolon at the end of paragraph
(1) and inserting in lieu thereof a period;
(4) by striking out ``; or'' at the end of paragraph (2) and
inserting in lieu thereof a period;
(5) by redesignating paragraphs (2) and (3), as so amended,
as paragraphs (3) and (4), respectively, and in each such
paragraph striking out ``the next higher grade'' and inserting
in lieu thereof ``that grade''; and
(6) by inserting after paragraph (1) the following new
paragraph (2):
``(2) An officer who is recommended for promotion to that
grade in the report of an earlier selection board convened under
a provision referred to in paragraph (1), in the case of such a
report that has not yet been approved by the President.''.
(c) Clarifying Amendments.--Paragraphs (3) and (4) of section
14301(c) of such title, as redesignated and amended by subsection (b),
are each amended by inserting before the period at the end the
following: ``, if that nomination is pending before the Senate''.
(d) Effective Date.--The <<NOTE: 10 USC 619 note.>> amendments made
by this section shall take effect on the date of the enactment of this
Act and shall apply with respect to selection boards that are convened
under section 611(a), 14101(a), or 14502 of title 10, United States
Code, on or after that date.
SEC. 504. AUTHORITY TO DEFER MANDATORY RETIREMENT FOR AGE OF OFFICERS
SERVING AS CHAPLAINS.
(a) Authority for Deferral of Retirement for Chaplains.--Subsection
(c) of section 1251 of title 10, United States Code, is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The Secretary concerned may defer the retirement under
subsection (a) of an officer who is appointed or designated as a
chaplain if the Secretary determines that such deferral is in the best
interest of the military department concerned.''.
(b) Authority for Deferral of Retirement for Chief and Deputy Chief
of Chaplains.--Such section is further amended by adding at the end the
following new subsection:
``(d) The Secretary concerned may defer the retirement under
subsection (a) of an officer who is the Chief of Chaplains or Deputy
Chief of Chaplains of that officer's armed force. Such a deferment may
not extend beyond the first day of the month following the month in
which the officer becomes 68 years of age.''.
(c) Qualification for Service as Navy Chief of Chaplains or Deputy
Chief of Chaplains.--(1) Section 5142(b) of such title is amended by
striking out ``, who are not on the retired list,''.
(2) Section 5142a of such title is amended by striking ``, who is
not on the retired list,''.
[[Page 111 STAT. 1726]]
SEC. 505. INCREASE IN NUMBER OF OFFICERS ALLOWED TO BE FROCKED TO GRADES
OF COLONEL AND NAVY CAPTAIN.
Section 777(d)(2) of title 10, United States Code, is amended by
inserting after ``1 percent'' the following: ``, or, for the grades of
colonel and Navy captain, 2 percent,''.
SEC. 506. INCREASED YEARS OF COMMISSIONED SERVICE FOR MANDATORY
RETIREMENT OF REGULAR GENERALS AND ADMIRALS IN GRADES ABOVE
MAJOR GENERAL AND REAR ADMIRAL.
(a) Years of Service.--Section 636 of title 10, United States Code,
is amended--
(1) by striking out ``Except as provided'' and inserting in
lieu thereof ``(a) Major Generals and Rear Admirals Serving in
Grade.--Except as provided in subsection (b) or (c) and''; and
(2) by adding at the end the following:
``(b) Lieutenant Generals and Vice Admirals.--In the administration
of subsection (a) in the case of an officer who is serving in the grade
of lieutenant general or vice admiral, the number of years of active
commissioned service applicable to the officer is 38 years.
``(c) Generals and Admirals.--In the administration of subsection
(a) in the case of an officer who is serving in the grade of general or
admiral, the number of years of active commissioned service applicable
to the officer is 40 years.''.
(b) Section Heading.--The heading of such section is amended to read
as follows:
``Sec. 636. Retirement for years of service: regular officers in grades
above brigadier general and rear admiral (lower
half)''.
(c) Clerical Amendment.--The item relating to such section in the
table of sections at the beginning of subchapter III of chapter 36 of
such title is amended to read as follows:
``636. Retirement for years of service: regular officers in grades above
brigadier general and rear admiral (lower half).''.
SEC. 507. UNIFORM POLICY FOR REQUIREMENT OF EXEMPLARY CONDUCT BY
COMMANDING OFFICERS AND OTHERS IN AUTHORITY.
(a) Army.--(1) Chapter 345 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 3583. Requirement of exemplary conduct
``All commanding officers and others in authority in the Army are
required--
``(1) to show in themselves a good example of virtue, honor,
patriotism, and subordination;
``(2) to be vigilant in inspecting the conduct of all
persons who are placed under their command;
``(3) 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
``(4) to take all necessary and proper measures, under the
laws, regulations, and customs of the Army, to promote and
[[Page 111 STAT. 1727]]
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 new item:
``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 new section:
``Sec. 8583. Requirement of exemplary conduct
``All commanding officers and others in authority in the Air Force
are required--
``(1) to show in themselves a good example of virtue, honor,
patriotism, and subordination;
``(2) to be vigilant in inspecting the conduct of all
persons who are placed under their command;
``(3) 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
``(4) 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 new item:
``8583. Requirement of exemplary conduct.''.
SEC. 508. REPORT ON THE COMMAND SELECTION PROCESS FOR DISTRICT ENGINEERS
OF THE ARMY CORPS OF ENGINEERS.
Not later than March 31, 1998, the Secretary of the Army shall
submit to Congress a report on the command selection process for
officers serving as District Engineers of the Corps of Engineers. The
report shall include the following:
(1) An identification of each major Corps of Engineers
project that--
(A) is being carried out by each District Engineer
as of the date of the report; or
(B) is being planned by each District Engineer to be
carried out during the five-year period beginning on the
date of the report.
(2) The expected start and completion dates, during that
period, for each major phase of each project identified under
paragraph (1).
(3) The expected dates for changes in the District Engineer
in each Corps of Engineers District during that period.
(4) A plan for optimizing the timing of changes in the
District Engineer in each such District so that there is minimal
disruption to major phases of major Corps of Engineers projects.
(5) A review of the effect on the Corps of Engineers, and on
the mission of each District of the Corps of Engineers, of
allowing major command tours of District Engineers to be of two-
to-four years in duration, with the selection of the exact
timing of the change of command to be at the discretion of the
Chief of Engineers, who shall act with the goal of optimizing
[[Page 111 STAT. 1728]]
the timing of each change so that it has minimal disruption on
the mission of the District Engineer.
Subtitle B--Reserve Component Matters
SEC. 511. INDIVIDUAL READY RESERVE ACTIVATION AUTHORITY.
(a) IRR Members Subject to Order to Active Duty Other Than During
War or National Emergency.--Section 10144 of title 10, United States
Code, is amended--
(1) by inserting ``(a)'' before ``Within the Ready
Reserve''; and
(2) by adding at the end the following new subsection:
``(b)(1) Within the Individual Ready Reserve of each reserve
component there is a category of members, as designated by the Secretary
concerned, who are subject to being ordered to active duty involuntarily
in accordance with section 12304 of this title. A member may not be
placed in that mobilization category unless--
``(A) the member volunteers for that category; and
``(B) the member is selected for that category by the
Secretary concerned, based upon the needs of the service and the
grade and military skills of that member.
``(2) A member of the Individual Ready Reserve may not be carried in
such mobilization category of members after the end of the 24-month
period beginning on the date of the separation of the member from active
service.
``(3) The Secretary shall designate the grades and military skills
or specialities of members to be eligible for placement in such
mobilization category.
``(4) A member in such mobilization category shall be eligible for
benefits (other than pay and training) as are normally available to
members of the Selected Reserve, as determined by the Secretary of
Defense.''.
(b) Criteria for Ordering to Active Duty.--Subsection (a) of section
12304 of title 10, United States Code, is amended by inserting after
``of this title),'' the following: ``or any member in the Individual
Ready Reserve mobilization category and designated as essential under
regulations prescribed by the Secretary concerned,''.
(c) Maximum Number.--Subsection (c) of such section is
amended--
(1) by inserting ``and the Individual Ready Reserve'' after
``Selected Reserve''; and
(2) by inserting ``, of whom not more than 30,000 may be
members of the Individual Ready Reserve'' before the period at
the end.
(d) Conforming Amendments.--Such section is further
amended--
(1) in subsection (f), by inserting ``or Individual Ready
Reserve'' after ``Selected Reserve'';
(2) in subsection (g), by inserting ``, or any member of the
Individual Ready Reserve,'' after ``to serve as a unit''; and
(3) by adding at the end the following new subsection:
``(i) For purposes of this section, the term `Individual Ready
Reserve mobilization category' means, in the case of any reserve
component, the category of the Individual Ready Reserve described in
section 10144(b) of this title.''.
[[Page 111 STAT. 1729]]
(e) Clerical Amendments.--(1) The heading of such section is amended
to read as follows:
``Sec. 12304. Selected Reserve and certain Individual Ready Reserve
members; order to active duty other than during
war or national emergency''.
(2) The item relating to section 12304 in the table of sections at
the beginning of chapter 1209 of such title is amended to read as
follows:
``12304. Selected Reserve and certain Individual Ready Reserve members;
order to active duty other than during war or national
emergency.''.
SEC. 512. TERMINATION OF MOBILIZATION INCOME INSURANCE PROGRAM.
(a) In General.--Chapter 1214 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 12533. Termination of program
``(a) In General.--The Secretary shall terminate the insurance
program in accordance with this section.
``(b) Termination of New Enrollments.--The Secretary may not enroll
a member of the Ready Reserve for coverage under the insurance program
after the date of the enactment of this section.
``(c) Termination of Coverage.--(1) The enrollment under the
insurance program of insured members other than insured members
described in paragraph (2) is terminated as of the date of the enactment
of this section. The enrollment of an insured member described in
paragraph (2) is terminated as of the date of the termination of the
period of covered service of that member described in that paragraph.
``(2) An insured member described in this paragraph is an insured
member who on the date of the enactment of this section is serving on
covered service for a period of service, or has been issued an order
directing the performance of covered service, that satisfies or would
satisfy the entitlement-to-benefits provisions of this chapter.
``(d) Termination of Payment of Benefits.--The Secretary may not
make any benefit payment under the insurance program after the date of
the enactment of this section other than to an insured member who on
that date (1) is serving on an order to covered service, (2) has been
issued an order directing performance of covered service, or (3) has
served on covered service before that date for which benefits under the
program have not been paid to the member.
``(e) Termination of Insurance Fund.--The Secretary shall close the
Fund not later than 60 days after the date on which the last benefit
payment from the Fund is made. Any amount remaining in the Fund when
closed shall be covered into the Treasury as miscellaneous receipts.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``12533. Termination of program.''.
[[Page 111 STAT. 1730]]
SEC. 513. CORRECTION OF INEQUITIES IN MEDICAL AND DENTAL CARE AND DEATH
AND DISABILITY BENEFITS FOR RESERVE MEMBERS WHO INCUR OR
AGGRAVATE AN ILLNESS IN THE LINE OF DUTY.
(a) Medical and Dental Care for Members.--Section 1074a of title 10,
United States Code, is amended--
(1) in subsection (a)(3), by inserting ``while remaining
overnight immediately before the commencement of inactive-duty
training, or'' after ``in the line of duty''; and
(2) by adding at the end the following new subsection:
``(e) A member of a uniformed service described in paragraph (1)(A)
or (2)(A) of subsection (a) whose orders are modified or extended, while
the member is being treated for (or recovering from) the injury,
illness, or disease incurred or aggravated in the line of duty, so as to
result in active duty for a period of more than 30 days shall be
entitled, while the member remains on active duty, to medical and dental
care on the same basis and to the same extent as members covered by
section 1074(a) of this title.''.
(b) Medical and Dental Care for Dependents.--Section 1076(a) of such
title is amended by striking out paragraph (2) and inserting in lieu
thereof the following new paragraph:
``(2) A dependent referred to in paragraph (1) is a dependent of a
member of a uniformed service described in one of the following
subparagraphs:
``(A) A member who is on active duty for a period of more
than 30 days or died while on that duty.
``(B) A member who died from an injury, illness, or disease
incurred or aggravated--
``(i) while the member was on active duty under a
call or order to active duty of 30 days or less, on
active duty for training, or on inactive-duty training;
or
``(ii) while the member was traveling to or from the
place at which the member was to perform, or had
performed, such active duty, active duty for training,
or inactive-duty training.
``(C) A member who died from an injury, illness, or disease
incurred or aggravated in the line of duty while the member
remained overnight immediately before the commencement of
inactive-duty training, or while the member remained overnight
between successive periods of inactive-duty training, at or in
the vicinity of the site of the inactive-duty training, if the
site was outside reasonable commuting distance from the member's
residence.
``(D) A member who incurred or aggravated an injury,
illness, or disease in the line of duty while serving on active
duty for a period of 30 days or less (or while traveling to or
from the place of such duty) and the member's orders are
modified or extended, while the member is being treated for (or
recovering from) the injury, illness, or disease, so as to
result in active duty for a period of more than 30 days.
However, this subparagraph entitles the dependent to medical and
dental care only while the member remains on active duty.''.
(c) Eligibility for Disability Retirement or Separation.--(1)
Section 1204(2) of such title is amended to read as follows:
``(2) the disability--
[[Page 111 STAT. 1731]]
``(A) was incurred before September 24, 1996, as the
proximate result of--
``(i) performing active duty or inactive-duty
training;
``(ii) traveling directly to or from the place
at which such duty is performed; or
``(iii) an injury, illness, or disease
incurred or aggravated while remaining overnight,
immediately before the commencement of inactive-
duty training, or while remaining overnight
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; or
``(B) is a result of an injury, illness, or disease
incurred or aggravated in line of duty after September
23, 1996--
``(i) while performing active duty or
inactive-duty training;
``(ii) while traveling directly to or from the
place at which such duty is performed; or
``(iii) while remaining overnight, immediately
before the commencement of inactive-duty training,
or while remaining overnight 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 such title 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):
``(2) the disability is a result of an injury, illness, or
disease incurred or aggravated in line of duty while--
``(A) performing active duty or inactive-duty
training;
``(B) 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 while
remaining overnight between successive periods of
inactive-duty training, at or in the vicinity of the
site of the inactive-duty training, if the site is
outside reasonable commuting distance of the member's
residence;''.
(d) 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--
[[Page 111 STAT. 1732]]
(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.''.
(e) Recovery, Care, and Disposition of Remains.--Section
1481(a)(2)(D) of such title is amended by inserting ``remaining
overnight immediately before the commencement of inactive-duty training,
or'' after ``(D)''.
(f) Entitlement to Basic Pay.--Section 204 of title 37, United
States Code, is amended by inserting ``while remaining overnight
immediately before the commencement of inactive-duty training, or'' in
subsections (g)(1)(D) and (h)(1)(D) after ``in line of duty''.
(g) Compensation for Inactive-Duty Training.--Section 206(a)(3)(C)
of title 37, United States Code, is amended by inserting ``while
remaining overnight immediately before the commencement of inactive-duty
training, or'' after ``in line of duty''.
SEC. 514. AUTHORITY TO PERMIT NON-UNIT ASSIGNED OFFICERS TO BE
CONSIDERED BY VACANCY PROMOTION BOARD TO GENERAL OFFICER
GRADES.
(a) Convening of Selection Boards.--Section 14101(a)(2) of title 10,
United States Code, is amended by striking out ``(except in the case of
a board convened to consider officers as provided in section 14301(e) of
this title)''.
(b) Eligibility for Consideration of Certain Army Officers.--Section
14301 of such title is amended--
(1) by striking out subsection (e); and
(2) by redesignating subsections (f) and (g) as subsections
(e) and (f), respectively.
(c) General Officer Promotions.--Section 14308 of such title is
amended--
(1) in subsection (e)(2), by inserting ``a grade below
colonel in'' after ``(2) an officer in''; and
(2) in subsection (g)--
(A) by inserting ``or the Air Force'' in the first
sentence after ``of the Army'' the first place it
appears;
(B) by striking out ``in that grade'' in the first
sentence and all that follows through ``Secretary of the
Army'' and inserting in lieu thereof ``in the Army
Reserve or the Air Force Reserve, as the case may be, in
that grade''; and
(C) by striking out the second sentence.
(d) Vacancy Promotions.--Section 14315(b)(1) of such title is
amended by striking out ``duties'' in clause (A) and all that follows
through ``as a unit,'' and inserting in lieu thereof ``duties of a
general officer of the next higher reserve grade in the Army Reserve,''.
SEC. 515. PROHIBITION ON USE OF AIR FORCE RESERVE AGR PERSONNEL FOR AIR
FORCE BASE SECURITY FUNCTIONS.
(a) In General.--Chapter 1215 of title 10, United States Code, is
amended by striking out
[[Page 111 STAT. 1733]]
``[No present sections]''
and inserting in lieu thereof the following:
``Sec.
12551. Prohibition of use of Air Force Reserve AGR personnel for Air
Force base security functions.
``Sec. 12551. Prohibition of use of Air Force Reserve AGR personnel for
Air Force base security functions
``(a) Limitation.--The Secretary of the Air Force may not use
members of the Air Force Reserve who are AGR personnel for the
performance of force protection, base security, or security police
functions at an Air Force facility in the United States.
``(b) AGR Personnel Defined.--In this section, the term `AGR
personnel' means members of the Air Force Reserve who are on active duty
(other than for training) in connection with organizing, administering,
recruiting, instructing, or training the Air Force Reserve.''.
(b) Clerical Amendment.--The items relating to chapter 1215 in the
tables of chapters at the beginning of subtitle E, and at the beginning
of part II of subtitle E, are amended to read as follows:
``1215. Miscellaneous Prohibitions and Penalties................12551''.
SEC. 516. INVOLUNTARY SEPARATION OF RESERVE OFFICERS IN AN INACTIVE
STATUS.
(a) Authority for Involuntary Separation of Certain Inactive Status
Officers.--Section 12683(b) of title 10, United States Code, is
amended--
(1) in the matter preceding paragraph (1), by striking out
``apply--'' and inserting in lieu thereof ``apply to any of the
following:''; and
(2) by adding at the end the following new paragraph:
``(4) A separation of an officer who is in an inactive
status in the Standby Reserve and who is not qualified for
transfer to the Retired Reserve or is qualified for transfer to
the Retired Reserve and does not apply for such a transfer.''.
(b) Stylistic Amendments.--Such section is further
amended--
(1) in paragraphs (1), (2), and (3), by striking out ``to
a'' and inserting in lieu thereof ``A'';
(2) by striking out the semicolon at the end of paragraph
(1) and inserting in lieu thereof a period; and
(3) by striking out ``; and'' at the end of paragraph (2)
and inserting in lieu thereof a period.
SEC. 517. 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, is
amended by adding after section 113, as added by section 386(a), the
following new section:
``Sec. 114. Honor guard functions at funerals for veterans
``(a) Subject to such regulations and 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
[[Page 111 STAT. 1734]]
concerned as a Federal function for which appropriated funds may be
used. Any such performance of honor guard functions at such a funeral
may not be considered to be a period of drill or training otherwise
required.
``(b) This section does not authorize additional appropriations for
any fiscal year. Any expense of the National Guard that is incurred by
reason of this section shall be paid from appropriations otherwise
available for the National Guard.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding after the item relating to section
113, as added by section 386(b), the following new item:
``114. Honor guard functions at funerals for veterans.''.
Subtitle C--Military Technicians
SEC. 521. AUTHORITY TO RETAIN ON THE RESERVE ACTIVE-STATUS LIST UNTIL
AGE 60 MILITARY TECHNICIANS IN THE GRADE OF BRIGADIER
GENERAL.
(a) Retention.--Section 14702(a) of title 10, United States Code, is
amended--
(1) by striking out ``section 14506 or 14507'' and inserting
in lieu thereof ``section 14506, 14507, or 14508''; and
(2) by striking out ``or colonel'' and inserting in lieu
thereof ``colonel, or brigadier general''.
(b) Technical Amendment.--Section 14508(c) of such title is amended
by striking out ``not later than the date on which the officer becomes
60 years of age'' and inserting in lieu thereof ``not later than the
last day of the month in which the officer becomes 60 years of age''.
SEC. 522. MILITARY TECHNICIANS (DUAL STATUS).
(a) Definition.--Subsection (a) of section 10216 of title 10, United
States Code, is amended to read as follows:
``(a) In General.--(1) For purposes of this section and any other
provision of law, a military technician (dual status) is a Federal
civilian employee who--
``(A) is employed under section 3101 of title 5 or section
709 of title 32;
``(B) is required as a condition of that employment to
maintain membership in the Selected Reserve; and
``(C) is assigned to a position as a technician in the
administration and training of the Selected Reserve or in the
maintenance and repair of supplies or equipment issued to the
Selected Reserve or the armed forces.
``(2) Military technicians (dual status) shall be authorized and
accounted for as a separate category of civilian employees.''.
(b) Unit Membership and Dual Status Requirement.--Such section is
further amended by striking out subsection (d) and inserting in lieu
thereof the following:
``(d) Unit Membership Requirement.--(1) Unless specifically exempted
by law, each individual who is hired as a military technician (dual
status) after December 1, 1995, shall be required as a condition of that
employment to maintain membership in--
``(A) the unit of the Selected Reserve by which the
individual is employed as a military technician; or
[[Page 111 STAT. 1735]]
``(B) a unit of the Selected Reserve that the individual is
employed as a military technician to support.
``(2) Paragraph (1) does not apply to a military technician (dual
status) who is employed by the Army Reserve in an area other than Army
Reserve troop program units.
``(e) Dual Status Requirement.--(1) Funds appropriated for the
Department of Defense may not (except as provided in paragraph (2)) be
used for compensation as a military technician of any individual hired
as a military technician after February 10, 1996, who is no longer a
member of the Selected Reserve.
``(2) The Secretary concerned may pay compensation described in
paragraph (1) to an individual described in that paragraph who is no
longer a member of the Selected Reserve for a period not to exceed six
months following the individual's loss of membership in the Selected
Reserve if the Secretary determines that such loss of membership was not
due to the failure of that individual to meet military standards.''.
(c) National Guard Dual Status Requirement.--Section 709(b) of title
32, United States Code, is amended by striking out ``Except as
prescribed by the Secretary concerned, a technician'' and inserting in
lieu thereof ``A technician''.
(d) Plan for Clarification of Statutory Authority of Military
Technicians.--(1) The Secretary of Defense shall submit to Congress, as
part of the budget justification materials submitted in support of the
budget for the Department of Defense for fiscal year 1999, a legislative
proposal to provide statutory authority and clarification under title 5,
United States Code--
(A) for the hiring, management, promotion, separation, and
retirement of military technicians who are employed in support
of units of the Army Reserve or Air Force Reserve; and
(B) for the transition to the competitive service of an
individual who is hired as a military technician in support of a
unit of the Army Reserve or Air Force Reserve and who (as
determined by the Secretary concerned) fails to maintain
membership in the Selected Reserve through no fault of the
individual.
(2) The legislative proposal under paragraph (1) shall be developed
in consultation with the Director of the Office of Personnel Management.
(e) Conforming Repeal.--Section 8016 of Public Law 104-61 (109 Stat.
654; 10 U.S.C. 10101 note) is repealed.
(f) Cross-Reference Corrections.--Section 10216(c)(1) of title 10,
United States Code, is amended by striking out ``subsection (a)(1)'' in
subparagraphs (A), (B), (C), and (D) and inserting in lieu thereof
``subsection (b)(1)''.
(g) Conforming Amendments to Section 10216.--Section 10216 of title
10, United States Code, is further amended as follows:
(1) The heading of subsection (b) is amended by inserting
``(Dual Status)'' after ``Military Technicians''.
(2) Subsection (b)(1) is amended--
(A) by inserting ``(dual status)'' after ``for
military technicians'';
(B) by striking out ``dual status military
technicians'' and inserting in lieu thereof ``military
technicians (dual status)''; and
(C) by inserting ``(dual status)'' after ``military
technicians'' in subparagraph (C).
[[Page 111 STAT. 1736]]
(3) Subsection (b)(2) is amended by inserting ``(dual
status)'' after ``military technicians'' both places it appears.
(4) Subsection (b)(3) is amended by inserting ``(dual
status)'' after ``Military technician''.
(5) Subsection (c) is amended--
(A) in the matter preceding paragraph (1)(A), by
inserting ``(dual status)'' after ``military
technicians'';
(B) in paragraph (1), by striking out ``dual-status
technicians'' in subparagraphs (A), (B), (C), and (D)
and inserting in lieu thereof ``military technicians
(dual status)'';
(C) in paragraph (2)(A), by inserting ``(dual
status)'' after ``military technician''; and
(D) in paragraph (2)(B), by striking out
``delineate--'' and all that follows through ``or other
reasons'' in clause (ii) and inserting in lieu thereof
``delineate the specific force structure reductions''.
(h) Clerical Amendments.--(1) The heading of section 10216 of such
title is amended to read as follows:
``Sec. 10216. Military technicians (dual status)''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 1007 of such title is amended to read as
follows:
``10216. Military technicians (dual status).''.
(i) Other Conforming Amendments.--(1) Section 115(g) of such title
is amended by inserting ``(dual status)'' in the first sentence after
``military technicians'' and in the second sentence after ``military
technician''.
(2) Section 115a(h) of such title is amended--
(A) by inserting ``(displayed in the aggregate and
separately for military technicians (dual status) and non-dual
status military technicians)'' in the matter preceding paragraph
(1) after ``of the following''; and
(B) by striking out paragraph (3).
SEC. 523. NON-DUAL STATUS MILITARY TECHNICIANS.
(a) In General.--(1) Chapter 1007 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 10217. Non-dual status military technicians
``(a) Definition.--For the purposes of this section and any other
provision of law, a non-dual status military technician is a civilian
employee of the Department of Defense serving in a military technician
position who--
``(1) was hired as a military technician before the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 1998 under any of the authorities specified in
subsection (c); and
``(2) as of the date of the enactment of that Act is not a
member of the Selected Reserve or after such date ceased to be a
member of the Selected Reserve.
``(b) Employment Authorities.--The authorities referred to in
subsection (a) are the following:
``(1) Section 10216 of this title.
``(2) Section 709 of title 32.
``(3) The requirements referred to in section 8401 of
title 5.
[[Page 111 STAT. 1737]]
``(4) Section 8016 of the Department of Defense
Appropriations Act, 1996 (Public Law 104-61; 109 Stat. 654), and
any comparable provision of law enacted on an annual basis in
the Department of Defense Appropriations Acts for fiscal years
1984 through 1995.
``(5) Any memorandum of agreement between the Department of
Defense and the Office of Personnel Management providing for the
hiring of military technicians.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``10217. Non-dual status military technicians.''.
(b) Limitation.--The number of civilian employees of a military
department who are non-dual status military technicians as of September
30, 1998, may not exceed the following:
(1) For the Army Reserve, 1,500.
(2) For the Army National Guard of the United States, 2,400.
(3) For the Air Force Reserve, 0.
(4) For the Air National Guard of the United States, 450.
(c) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to Congress
a report containing the number of military technician positions that are
held by non-dual status military technicians as of September 30, 1997,
shown separately for each of the following:
(1) The Army Reserve.
(2) The Army National Guard of the United States.
(3) The Air Force Reserve.
(4) The Air National Guard of the United States.
(d) <<NOTE: 10 USC 10217 note.>> Plan for Full Utilization of
Military Technicians (Dual Status).--(1) Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense shall
submit to Congress a plan for ensuring that, on and after September 30,
2007, all military technician positions are held only by military
technicians (dual status).
(2) The plan shall provide for achieving, by September 30, 2002, a
50 percent reduction, by conversion of positions or otherwise, in the
number of non-dual status military technicians that are holding military
technicians positions, as compared with the number of non-dual status
technicians that held military technician positions as of September 30,
1997, as specified in the report under subsection (c).
(3) Among the alternative actions to be considered in developing the
plan, the Secretary shall consider the feasibility and cost of each of
the following:
(A) Eliminating or consolidating technician functions and
positions.
(B) Contracting with private sector sources for the
performance of functions performed by military technicians.
(C) Converting non-dual status military technician positions
to military technician (dual status) positions or to positions
in the competitive service or, in the case of positions of the
Army National Guard of the United States or the Air National
Guard of the United States, to positions of State employment.
(D) Use of incentives to facilitate attainment of the
objectives specified for the plan in paragraphs (1) and (2).
[[Page 111 STAT. 1738]]
(4) The Secretary shall submit with the plan any recommendations for
legislation that the Secretary considers necessary to carry out the
plan.
(e) Definitions for Categories of Military Technicians.--In this
section:
(1) The term ``non-dual status military technician'' has the
meaning given that term in section 10217 of title 10, United
States Code, as added by subsection (a).
(2) The term ``military technician (dual status)'' has the
meaning given the term in section 10216(a) of such title.
SEC. 524. REPORT ON FEASIBILITY AND DESIRABILITY OF CONVERSION OF AGR
PERSONNEL TO MILITARY TECHNICIANS (DUAL STATUS).
(a) Report Required.--Not later than January 1, 1998, the Secretary
of Defense shall submit to Congress a report on the feasibility and
desirability of conversion of AGR personnel to military technicians
(dual status). The report shall--
(1) identify advantages and disadvantages of such a
conversion;
(2) identify possible savings if such a conversion were to
be carried out; and
(3) set forth the recommendation of the Secretary as to
whether such a conversion should be made.
(b) AGR Personnel Defined.--For purposes of subsection (a), the term
``AGR personnel'' means members of the Army or Air Force reserve
components who are on active duty (other than for training) in
connection with organizing, administering, recruiting, instructing, or
training their respective reserve components.
Subtitle D <<NOTE: 10 USC 503 note.>> --Measures To Improve Recruit
Quality and Reduce Recruit Attrition
SEC. 531. REFORM OF MILITARY RECRUITING SYSTEMS.
(a) In General.--The Secretary of Defense shall carry out reforms in
the recruiting systems of the Army, Navy, Air Force, and Marine Corps in
order to improve the quality of new recruits and to reduce attrition
among recruits.
(b) Specific Reforms.--As part of the reforms in military recruiting
systems to be undertaken under subsection (a), the Secretary shall take
the following steps:
(1) Improve the system of pre-enlistment waivers and
separation codes used for recruits by (A) revising and updating
those waivers and codes to allow more accurate and useful data
collection about those separations, and (B) prescribing
regulations to ensure that those waivers and codes are
interpreted in a uniform manner by the military services.
(2) Develop a reliable database for (A) analyzing (at both
the Department of Defense and service-level) data on reasons for
attrition of new recruits, and (B) undertaking Department of
Defense or service-specific measures (or both) to control and
manage such attrition.
(3) Require that the Secretary of each military department
(A) adopt or strengthen incentives for recruiters to thoroughly
prescreen potential candidates for recruitment, and (B) link
[[Page 111 STAT. 1739]]
incentives for recruiters, in part, to the ability of a
recruiter to screen out unqualified candidates before
enlistment.
(4) Require that the Secretary of each military department
include as a measurement of recruiter performance the percentage
of persons enlisted by a recruiter who complete initial combat
training or basic training.
(5) Assess trends in the number and use of waivers over the
1991-1997 period that were issued to permit applicants to enlist
with medical or other conditions that would otherwise be
disqualifying.
(6) Require the Secretary of each military department to
implement policies and procedures (A) to ensure the prompt
separation of recruits who are unable to successfully complete
basic training, and (B) to remove those recruits from the
training environment while separation proceedings are pending.
(c) Report.--Not later than March 31, 1998, the Secretary shall
submit to Congress a report of the trends assessed under subsection
(b)(5). The information on those trends provided in the report shall be
shown by armed force and by category of waiver. The report shall include
recommendations of the Secretary for changing, revising, or limiting the
use of waivers referred to in that subsection.
SEC. 532. IMPROVEMENTS IN MEDICAL PRESCREENING OF APPLICANTS FOR
MILITARY SERVICE.
(a) In General.--The Secretary of Defense shall improve the medical
prescreening of applicants for entrance into the Army, Navy, Air Force,
or Marine Corps.
(b) Specific Steps.--As part of those improvements, the Secretary
shall take the following steps:
(1) Require that each applicant for service in the Army,
Navy, Air Force, or Marine Corps (A) provide to the Secretary
the name of the applicant's medical insurer and the names of
past medical providers, and (B) sign a release allowing the
Secretary to request and obtain medical records of the
applicant.
(2) Require that the forms and procedures for medical
prescreening of applicants that are used by recruiters and by
Military Entrance Processing Commands be revised so as to ensure
that medical questions are specific, unambiguous, and tied
directly to the types of medical separations most common for
recruits during basic training and follow-on training.
(3) Add medical screening tests to the examinations of
recruits carried out by Military Entrance Processing Stations,
provide more thorough medical examinations to selected groups of
applicants, or both, to the extent that the Secretary determines
that to do so could be cost effective in reducing attrition at
basic training.
(4) Provide for an annual quality control assessment of the
effectiveness of the Military Entrance Processing Commands in
identifying medical conditions in recruits that existed before
enlistment in the Armed Forces, each such assessment to be
performed by an agency or contractor other than the Military
Entrance Processing Commands.
[[Page 111 STAT. 1740]]
SEC. 533. IMPROVEMENTS IN PHYSICAL FITNESS OF RECRUITS.
(a) In General.--The Secretary of Defense shall take steps to
improve the physical fitness of recruits before they enter basic
training.
(b) Specific Steps.--As part of those improvements, the Secretary
shall take the following steps:
(1) Direct the Secretary of each military department to
implement programs under which new recruits who are in the
Delayed Entry Program are encouraged to participate in physical
fitness activities before reporting to basic training.
(2) Develop a range of incentives for new recruits to
participate in physical fitness programs, as well as for those
recruits who improve their level of fitness while in the Delayed
Entry Program, which may include access to Department of Defense
military fitness facilities, and access to military medical
facilities in the case of a recruit who is injured while
participating in physical activities with recruiters or other
military personnel.
(3) Evaluate whether partnerships between recruiters and
reserve components, or other innovative arrangements, could
provide a pool of qualified personnel to assist in the conduct
of physical training programs for new recruits in the Delayed
Entry Program.
Subtitle E--Military Education and Training
PART I--OFFICER EDUCATION PROGRAMS
SEC. 541. REQUIREMENT FOR CANDIDATES FOR ADMISSION TO UNITED STATES
NAVAL ACADEMY TO TAKE OATH OF ALLEGIANCE.
(a) Requirement.--Section 6958 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(d) To be admitted to the Naval Academy, an appointee must take
and subscribe to an oath prescribed by the Secretary of the Navy. If a
candidate for admission refuses to take and subscribe to the prescribed
oath, the candidate's appointment is terminated.''.
(b) Exception for Midshipmen From Foreign Countries.--Section 6957
of such title is amended by adding at the end the following new
subsection:
``(d) A person receiving instruction under this section is not
subject to section 6958(d) of this title.''.
SEC. 542. SERVICE ACADEMY FOREIGN EXCHANGE 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) Exchange Program Authorized.--The Secretary of the Army may
permit a student enrolled at a military academy of a foreign country to
receive instruction at the Academy in exchange for a cadet receiving
instruction at that foreign military academy pursuant to an exchange
agreement entered into between the Secretary and appropriate officials
of the foreign country. Students receiving instruction at the Academy
under the exchange program
[[Page 111 STAT. 1741]]
shall be in addition to persons receiving instruction at the Academy
under section 4344 of this title.
``(b) Limitations on Number and Duration of Exchanges.--An exchange
agreement under this section between the Secretary and a foreign country
shall provide for the exchange of students on a one-for-one basis each
fiscal year. Not more than 10 cadets and a comparable number of students
from all foreign military academies participating in the exchange
program may be exchanged during any fiscal year. The duration of an
exchange may not exceed the equivalent of one academic semester at the
Academy.
``(c) Costs and Expenses.--(1) A student from a military academy of
a foreign country is not entitled to the pay, allowances, and emoluments
of a cadet by reason of attendance at the Academy under the exchange
program, and the Department of Defense may not incur any cost of
international travel required for transportation of such a student to
and from the sponsoring foreign country.
``(2) The Secretary may provide a student from a foreign country
under the exchange program, during the period of the exchange, with
subsistence, transportation within the continental United States,
clothing, health care, and other services to the same extent that the
foreign country provides comparable support and services to the
exchanged cadet in that foreign country.
``(3) The Academy shall bear all costs of the exchange program from
funds appropriated for the Academy. Expenditures in support of the
exchange program may not exceed $50,000 during any fiscal year.
``(d) Application of Other Laws.--Subsections (c) and (d) of section
4344 of this title shall apply with respect to a student enrolled at a
military academy of a foreign country while attending the Academy under
the exchange program.
``(e) Regulations.--The Secretary shall prescribe regulations to
implement this section. Such regulations may include qualification
criteria and methods of selection for students of foreign military
academies 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) 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) Exchange Program Authorized.--The Secretary of the Navy may
permit a student enrolled at a military academy of a foreign country to
receive instruction at the Naval Academy in exchange for a midshipman
receiving instruction at that foreign military academy pursuant to an
exchange agreement entered into between the Secretary and appropriate
officials of the foreign country. Students receiving instruction at the
Academy under the exchange program shall be in addition to persons
receiving instruction at the Academy under section 6957 of this title.
``(b) Limitations on Number and Duration of Exchanges.--An exchange
agreement under this section between the Secretary and a foreign country
shall provide for the exchange of students
[[Page 111 STAT. 1742]]
on a one-for-one basis each fiscal year. Not more than 10 midshipmen and
a comparable number of students from all foreign military academies
participating in the exchange program may be exchanged during any fiscal
year. The duration of an exchange may not exceed the equivalent of one
academic semester at the Naval Academy.
``(c) Costs and Expenses.--(1) A student from a military academy of
a foreign country is not entitled to the pay, allowances, and emoluments
of a midshipman by reason of attendance at the Naval Academy under the
exchange program, and the Department of Defense may not incur any cost
of international travel required for transportation of such a student to
and from the sponsoring foreign country.
``(2) The Secretary may provide a student from a foreign country
under the exchange program, during the period of the exchange, with
subsistence, transportation within the continental United States,
clothing, health care, and other services to the same extent that the
foreign country provides comparable support and services to the
exchanged midshipman in that foreign country.
``(3) The Naval Academy shall bear all costs of the exchange program
from funds appropriated for the Academy. Expenditures in support of the
exchange program may not exceed $50,000 during any fiscal year.
``(d) Application of Other Laws.--Subsections (c) and (d) of section
6957 of this title shall apply with respect to a student enrolled at a
military academy of a foreign country while attending the Naval Academy
under the exchange program.
``(e) Regulations.--The Secretary shall prescribe regulations to
implement this section. Such regulations may include qualification
criteria and methods of selection for students of foreign military
academies 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) 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) Exchange Program Authorized.--The Secretary of the Air Force
may permit a student enrolled at a military academy of a foreign country
to receive instruction at the Air Force Academy in exchange for an Air
Force cadet receiving instruction at that foreign military academy
pursuant to an exchange agreement entered into between the Secretary and
appropriate officials of the foreign country. Students receiving
instruction at the Academy under the exchange program shall be in
addition to persons receiving instruction at the Academy under section
9344 of this title.
``(b) Limitations on Number and Duration of Exchanges.--An exchange
agreement under this section between the Secretary and a foreign country
shall provide for the exchange of students on a one-for-one basis each
fiscal year. Not more than 10 Air Force cadets and a comparable number
of students from all foreign military academies participating in the
exchange program may be exchanged during any fiscal year. The duration
of an exchange
[[Page 111 STAT. 1743]]
may not exceed the equivalent of one academic semester at the Air Force
Academy.
``(c) Costs and Expenses.--(1) A student from a military academy of
a foreign country is not entitled to the pay, allowances, and emoluments
of an Air Force cadet by reason of attendance at the Air Force Academy
under the exchange program, and the Department of Defense may not incur
any cost of international travel required for transportation of such a
student to and from the sponsoring foreign country.
``(2) The Secretary may provide a student from a foreign country
under the exchange program, during the period of the exchange, with
subsistence, transportation within the continental United States,
clothing, health care, and other services to the same extent that the
foreign country provides comparable support and services to the
exchanged Air Force cadet in that foreign country.
``(3) The Air Force Academy shall bear all costs of the exchange
program from funds appropriated for the Academy. Expenditures in support
of the exchange program may not exceed $50,000 during any fiscal year.
``(d) Application of Other Laws.--Subsections (c) and (d) of section
9344 of this title shall apply with respect to a student enrolled at a
military academy of a foreign country while attending the Air Force
Academy under the exchange program.
``(e) Regulations.--The Secretary shall prescribe regulations to
implement this section. Such regulations may include qualification
criteria and methods of selection for students of foreign military
academies 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.''.
(d) Repeal of Obsolete Limitation.--Section 9353(a) of such title is
amended by striking out ``After the date of the accrediting of the
Academy, the'' and inserting in lieu thereof ``The''.
SEC. 543. REIMBURSEMENT OF EXPENSES INCURRED FOR INSTRUCTION AT SERVICE
ACADEMIES OF PERSONS FROM FOREIGN COUNTRIES.
(a) United States Military Academy.--Section 4344(b) of title 10,
United States Code, is amended--
(1) in paragraph (2), by striking out the period at the end
and inserting in lieu thereof the following: ``, except that the
reimbursement rates may not be less than the cost to the United
States of providing such instruction, including pay, allowances,
and emoluments, to a cadet appointed from the United States.'';
and
(2) by adding at the end the following new paragraph:
``(3) The amount of reimbursement waived under paragraph (2) may not
exceed 35 percent of the per-person reimbursement amount otherwise
required to be paid by a foreign country under such paragraph, except in
the case of not more than five persons receiving instruction at the
Academy under this section at any one time.''.
(b) Naval Academy.--Section 6957(b) of such title is
amended--
(1) in paragraph (2), by striking out the period at the end
and inserting in lieu thereof the following: ``, except that
[[Page 111 STAT. 1744]]
the reimbursement rates may not be less than the cost to the
United States of providing such instruction, including pay,
allowances, and emoluments, to a midshipman appointed from the
United States.''; and
(2) by adding at the end the following new paragraph:
``(3) The amount of reimbursement waived under paragraph (2) may not
exceed 35 percent of the per-person reimbursement amount otherwise
required to be paid by a foreign country under such paragraph, except in
the case of not more than five persons receiving instruction at the
Naval Academy under this section at any one time.''.
(c) Air Force Academy.--Section 9344(b) of such title is amended--
(1) in paragraph (2), by striking out the period at the end
and inserting in lieu thereof the following: ``, except that the
reimbursement rates may not be less than the cost to the United
States of providing such instruction, including pay, allowances,
and emoluments, to a cadet appointed from the United States.'';
and
(2) by adding at the end the following new paragraph:
``(3) The amount of reimbursement waived under paragraph (2) may not
exceed 35 percent of the per-person reimbursement amount otherwise
required to be paid by a foreign country under such paragraph, except in
the case of not more than five persons receiving instruction at the Air
Force Academy under this section at any one time.''.
(d) <<NOTE: 10 USC 4344 note.>> Effective Date.--The amendments
made by this section apply with respect to students from a foreign
country entering the United States Military Academy, the United States
Naval Academy, or the United States Air Force Academy on or after May 1,
1998.
SEC. 544. CONTINUATION OF SUPPORT TO SENIOR MILITARY
COLLEGES.
(a) <<NOTE: 10 USC 2111a note.>> Definition of Senior Military
Colleges.--For purposes of this section, the term ``senior military
colleges'' means the
following:
(1) Texas A&M University.
(2) Norwich University.
(3) The Virginia Military Institute.
(4) The Citadel.
(5) Virginia Polytechnic Institute and State University.
(6) North Georgia College and State University.
(b) <<NOTE: 10 USC 2111a note.>> Findings.--Congress finds the
following:
(1) The senior military colleges consistently have provided
substantial numbers of highly qualified, long-serving leaders to
the Armed Forces.
(2) The quality of the military leaders produced by the
senior military colleges is, in part, the result of the rigorous
military environment imposed on students attending the senior
military colleges by the colleges, as well as the result of the
long-standing close support relationship between the Corps of
Cadets at each college and the Reserve Officer Training Corps
personnel at the colleges who serve as effective leadership role
models and mentors.
(3) In recognition of the quality of the young leaders
produced by the senior military colleges, the Department of
[[Page 111 STAT. 1745]]
Defense and the military services have traditionally maintained
special relationships with the colleges, including the policy to
grant active duty service in the Army to graduates of the
colleges who desire such service and who are recommended for
such service by their ROTC professors of military science.
(4) Each of the senior military colleges has demonstrated an
ability to adapt its systems and operations to changing
conditions in, and requirements of, the Armed Forces without
compromising the quality of leaders produced and without
interruption of the close relationship between the colleges and
the Department of Defense.
(c) <<NOTE: 10 USC 2111a note.>> Sense of Congress.--In light of
the findings in subsection (b), it is the sense of Congress that--
(1) the proposed initiative of the Secretary of the Army to
end the commitment to active duty service for all graduates of
senior military colleges who desire such service and who are
recommended for such service by their ROTC professors of
military science is short-sighted and contrary to the long-term
interests of the Army;
(2) as they have in the past, the senior military colleges
can and will continue to accommodate to changing military
requirements to ensure that future graduates entering military
service continue to be officers of superb quality who are
quickly assimilated by the Armed Forces and fully prepared to
make significant contributions to the Armed Forces through
extended military careers; and
(3) decisions of the Secretary of Defense or the Secretary
of a military department that fundamentally and unilaterally
change the long-standing relationship of the Armed Forces with
the senior military colleges are not in the best interests of
the Department of Defense or the Armed Forces and are patently
unfair to students who made decisions to enroll in the senior
military colleges on the basis of existing Department and Armed
Forces policy.
(d) Continuation of Support for Senior Military
Colleges.--Section 2111a of title 10, United States Code, is
amended--
(1) by redesignating subsection (d) as subsection (f); and
(2) by inserting after subsection (c) the following new
subsections:
``(d) Termination or Reduction of Program Prohibited.--The Secretary
of Defense and the Secretaries of the military departments may not take
or authorize any action to terminate or reduce a unit of the Senior
Reserve Officers' Training Corps at a senior military college unless the
termination or reduction is specifically requested by the college.
``(e) Assignment to Active Duty.--(1) The Secretary of the Army
shall ensure that a graduate of a senior military college who desires to
serve as a commissioned officer on active duty upon graduation from the
college, who is medically and physically qualified for active duty, and
who is recommended for such duty by the professor of military science at
the college, shall be assigned to active duty. This paragraph shall
apply to a member of the program at a senior military college who
graduates from the college after March 31, 1997.
``(2) Nothing in this section shall be construed to prohibit the
Secretary of the Army from requiring a member of the program
[[Page 111 STAT. 1746]]
who graduates from a senior military college to serve on active duty.''.
(e) Technical Corrections.--Subsection (f) of such section, as
redesignated by subsection (d)(1), is amended--
(1) in paragraph (2), by striking out ``College'' and
inserting in lieu thereof ``University''; and
(2) in paragraph (6), by inserting before the period the
following: ``and State University''.
(f) Clerical Amendments.--(1) The heading of such section is amended
to read as follows:
``Sec. 2111a. Support for senior military colleges''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 103 of title 10, United States Code, is amended
to read as follows:
``2111a. Support for senior military colleges.''.
SEC. 545. REPORT ON MAKING UNITED STATES NATIONALS ELIGIBLE FOR
PARTICIPATION IN SENIOR RESERVE OFFICERS' TRAINING CORPS.
(a) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the Committee on
National Security of the House of Representatives and the Committee on
Armed Services of the Senate a report on the utility of permitting
United States nationals to participate in the Senior Reserve Officers'
Training Corps program.
(b) Required Information.--The Secretary shall include in the report
the following information:
(1) A brief history of the prior admission of United States
nationals to the Senior Reserve Officers' Training Corps,
including the success rate of these cadets and midshipmen and
how that rate compared to the average success rate of cadets and
midshipmen during that same period.
(2) The advantages of permitting United States nationals to
participate in the Senior Reserve Officers' Training Corps
program.
(3) The disadvantages of permitting United States nationals
to participate in the Senior Reserve Officers' Training Corps
program.
(4) The incremental cost of including United States
nationals in the Senior Reserve Officers' Training Corps.
(5) Methods of minimizing the risk that United States
nationals admitted to the Senior Reserve Officers' Training
Corps would be later disqualified because of ineligibility for
United States citizenship.
(6) The recommendations of the Secretary on whether United
States nationals should be eligible to participate in the Senior
Reserve Officers' Training Corps program, and if so, a
legislative proposal which would, if enacted, achieve that
result.
SEC. 546. COORDINATION OF ESTABLISHMENT AND MAINTENANCE OF JUNIOR
RESERVE OFFICERS' TRAINING CORPS UNITS TO MAXIMIZE
ENROLLMENT AND ENHANCE EFFICIENCY.
(a) Requirement.--Chapter 102 of title 10, United States Code, is
amended by adding at the end the following new section:
[[Page 111 STAT. 1747]]
``Sec. 2032. Responsibility of the Secretaries of the military
departments to maximize enrollment and enhance
efficiency
``(a) Coordination.--The Secretary of each military department, in
establishing, maintaining, transferring, and terminating Junior Reserve
Officers' Training Corps units under section 2031 of this title, shall
do so in a coordinated manner that is designed to maximize enrollment in
the Corps and to enhance administrative efficiency in the management of
the Corps.
``(b) Consideration of New School Openings and Consolidations.--In
carrying out subsection (a), the Secretary of a military department
shall take into consideration--
``(1) openings of new schools;
``(2) consolidations of schools; and
``(3) the desirability of continuing the opportunity for
participation in the Corps by participants whose continued
participation would otherwise be adversely affected by new
school openings and consolidations of schools.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2032. Responsibility of the Secretaries of the military departments to
maximize
enrollment and enhance efficiency.''.
PART II--OTHER EDUCATION MATTERS
SEC. 551. UNITED STATES NAVAL POSTGRADUATE SCHOOL.
(a) Authority To Admit Enlisted Members as Students.--Section 7045
of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``(1)'' after ``(a)''; and
(B) by adding at the end the following new
paragraph:
``(2) The Secretary may permit an enlisted member of the armed
forces who is assigned to the Naval Postgraduate School or to a nearby
command to receive instruction at the Naval Postgraduate School.
Admission of enlisted members for instruction under this paragraph shall
be on a space-available basis.'';
(2) in subsection (b)--
(A) by striking out ``the students'' and inserting
in lieu thereof ``officers''; and
(B) by adding at the end the following new sentence:
``In the case of an enlisted member permitted to receive
instruction at the Postgraduate School, the Secretary of
the Navy shall charge that member only for such costs
and fees as the Secretary considers appropriate (taking
into consideration the admission of enlisted members on
a space-available basis).''; and
(3) in subsection (c)--
(A) by striking out ``officers'' both places it
appears and inserting in lieu thereof ``members''; and
(B) by striking out ``same regulations'' and
inserting in lieu thereof ``such regulations, as
determined appropriate by the Secretary of the Navy,''.
(b) Clerical Amendments.--(1) The heading of section 7045 of such
title is amended to read as follows:
[[Page 111 STAT. 1748]]
``Sec. 7045. Officers of the other armed forces; enlisted members:
admission''.
(2) The item relating to section 7045 in the table of sections at
the beginning of chapter 605 of such title is amended to read as
follows:
``7045. Officers of the other armed forces; enlisted members:
admission.''.
(c) Amendment To Reflect Revised Civil Service Grade Structure.--
Section 7043(b) of such title is amended by striking out ``grade GS-18
of the General Schedule under section 5332 of title 5'' and inserting in
lieu thereof ``level IV of the Executive Schedule''.
SEC. 552. COMMUNITY COLLEGE OF THE AIR FORCE.
(a) Expansion of Members Eligible for Program To Include Instructors
at Air Force Training Schools.--Section 9315 of title 10, United States
Code, is amended--
(1) in subsection (a)(1), by striking out ``enlisted members
of the Air Force'' and inserting in lieu thereof ``enlisted
members described in subsection (b)'';
(2) by striking out ``(b) Subject to subsection (c),'' and
inserting in lieu thereof ``(c)(1) Subject to paragraph (2),'';
(3) by redesignating subsection (c) as paragraph (2) and in
that paragraph redesignating clauses (1) and (2) as clauses (A)
and (B), respectively; 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 under subsection (a)(1):
``(1) Enlisted members of the Air Force.
``(2) Enlisted members of the armed forces other than the
Air Force who are serving as instructors at Air Force training
schools.''.
(b) Clerical Amendments.--Such section is further amended--
(1) in subsection (a), by inserting ``Establishment and
Mission.--'' after ``(a)''; and
(2) in subsection (c), as redesignated by subsection (a)(2),
by inserting ``Conferral of Degrees.--'' after ``(c)''.
(c) <<NOTE: 10 USC 9315 note.>> Effective Date.--Subsection (b) of
section 9315 of such title, as added by subsection (a)(4), applies with
respect to enrollments in the Community College of the Air Force after
March 31, 1996.
SEC. 553. 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
[[Page 111 STAT. 1749]]
(4) by striking out ``(B) For the purposes'' and all that
follows through ``title 38.''.
PART III--TRAINING OF ARMY DRILL SERGEANTS
SEC. 556. <<NOTE: 10 USC 4318 note.>> REFORM OF ARMY DRILL SERGEANT
SELECTION AND TRAINING PROCESS.
(a) In General.--The Secretary of the Army shall reform the process
for selection and training of drill sergeants for the Army.
(b) Measures To Be Taken.--As part of such reform, the Secretary
shall undertake the following measures (unless, in the case of any such
measure, the Secretary determines that that measure would not result in
improved effectiveness and efficiency in the drill sergeant selection
and training process):
(1) Review the overall process used by the Department of the
Army for selection of drill sergeants to determine--
(A) whether that process is providing drill sergeant
candidates in sufficient quantity and quality to meet
the needs of the training system; and
(B) whether duty as a drill sergeant is a career-
enhancing assignment (or is seen by potential drill
sergeant candidates as a career-enhancing assignment)
and what steps could be taken to ensure that such duty
is in fact a career-enhancing assignment.
(2) Incorporate into the selection process for all drill
sergeants the views and recommendations of the officers and
senior noncommissioned officers in the chain of command of each
candidate for selection (particularly those of senior
noncommissioned officers) regarding the candidate's suitability
and qualifications to be a drill sergeant.
(3) Establish a requirement for psychological screening for
each drill sergeant candidate.
(4) Reform the psychological screening process for drill
sergeant candidates to improve the quality, depth, and rigor of
that screening process.
(5) Revise the evaluation system for drill sergeants in
training to provide for a so-called ``whole person'' assessment
that gives insight into the qualifications and suitability of a
drill sergeant candidate beyond the candidate's ability to
accomplish required performance tasks.
(6) Revise the Army military personnel records system so
that, under conditions and circumstances to be specified in
regulations prescribed by the Secretary, a drill sergeant
trainee who fails to complete the training to be a drill
sergeant and is denied graduation will not have the fact of that
failure recorded in those personnel records.
(7) Provide each drill sergeant in training with the
opportunity, before or during that training, to work with new
recruits in initial entry training and to be evaluated on that
opportunity.
(c) Report.--Not later than March 31, 1998, the Secretary shall
submit to the Committee on National Security of the House of
Representatives and the Committee on Armed Services of the Senate a
report of the reforms adopted pursuant to this section or, in the case
of any measure specified in any of paragraphs (1) through (7) of
subsection (b) that was not adopted, the rationale why that measure was
not adopted.
[[Page 111 STAT. 1750]]
SEC. 557. TRAINING IN HUMAN RELATIONS MATTERS FOR ARMY DRILL SERGEANT
TRAINEES.
(a) In General.--(1) Chapter 401 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 4318. Drill sergeant trainees: human relations training
``(a) Human Relations Training Required.--The Secretary of the Army
shall include as part of the training program for drill sergeants a
course in human relations. The course shall be a minimum of two days in
duration.
``(b) Resources.--In developing a human relations course under this
section, the Secretary shall use the capabilities and expertise of the
Defense Equal Opportunity Management Institute (DEOMI).''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``4318. Drill sergeant trainees: human relations training.''.
(b) <<NOTE: 10 USC 4318 note.>> Effective Date.--Section 4318 of
title 10, United States Code, as added by subsection (a), shall apply
with respect drill sergeant trainee classes that begin after the end of
the 90-day period beginning on the date of the enactment of this Act.
Subtitle F--Commission <<NOTE: 10 USC 113 note.>> on Military Training
and Gender-Related Issues
SEC. 561. ESTABLISHMENT AND COMPOSITION OF COMMISSION.
(a) Establishment.--There is established a Commission on Military
Training and Gender-Related Issues to review requirements and
restrictions regarding cross-gender relationships of members of the
Armed Forces, to review the basic training programs of the Army, Navy,
Air Force, and Marine Corps, and to make recommendations on improvements
to those programs, requirements, and restrictions.
(b) Composition.--(1) The commission shall be composed of 10
members, appointed as follows:
(A) Five members shall be appointed jointly by the chairman
and ranking minority party member of the Committee on National
Security of the House of Representatives.
(B) Five members shall be appointed jointly by the chairman
and ranking minority party member of the Committee on Armed
Services of the Senate.
(2) The members of the commission shall choose one of the members to
serve as chairman.
(3) All members of the commission shall be appointed not later than
45 days after the date of the enactment of this Act.
(c) Qualifications.--Members of the commission shall be appointed
from among private United States citizens with knowledge and expertise
in one or more of the following:
(1) Training of military personnel.
(2) Social and cultural matters affecting entrance into the
Armed Forces and affecting military service, military training,
and military readiness, such knowledge and expertise to have
been gained through recognized research, policy making and
practical experience, as demonstrated by retired military
personnel, members of the reserve components of the Armed
[[Page 111 STAT. 1751]]
Forces, representatives from educational organizations, and
leaders from civilian industry and other Government agencies.
(3) Factors that define appropriate military job
qualifications, including physical, mental, and educational
factors.
(4) Combat or other theater of war operations.
(5) Organizational matters.
(6) Legal matters.
(7) Management.
(8) Gender integration matters.
(d) Appointments.--(1) Members of the commission shall be appointed
for the life of the commission.
(2) A vacancy in the membership shall not affect the commission's
powers, but shall be filled in the same manner as the original
appointment.
SEC. 562. DUTIES.
(a) Functions Relating to Requirements and Restrictions Regarding
Cross-Gender Relationships.--The commission shall consider issues
relating to personal relationships of members of the Armed Forces as
follows:
(1) 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.
(2) 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, rank, or gender of the individuals involved.
(3) Assess the reports of the independent panel, the
Department of Defense task force, and the review of existing
guidance on fraternization and adultery that have been required
by the Secretary of Defense.
(b) Functions Relating to Gender-Integrated and Gender-Segregated
Basic Training.--(1) The commission shall review the parts of the
initial entry training programs of the Army, Navy, Air Force, and Marine
Corps that constitute the basic training of new recruits (in this
subtitle referred to as ``basic training''). The review shall include a
review of the basic training policies and practices of each of those
services with regard to gender-integrated and gender-segregated basic
training and, for each of the services, the effectiveness of gender-
integrated and gender-segregated basic training.
(2) As part of the review under paragraph (1), the commission shall
(with respect to each of the services) take the following
measures:
(A) Determine how each service defines gender-integration
and gender-segregation in the context of basic training.
(B) Determine the historical rationales for the
establishment and disestablishment of gender-integrated or
gender-segregated basic training.
(C) Examine, with respect to each service, the current
rationale for the use of gender-integrated or gender-segregated
basic training and the rationale that was current as of the time
the service made a decision to integrate, or to segregate, basic
training by gender (or as of the time of the most recent
decision to continue to use a gender-integrated format or a
[[Page 111 STAT. 1752]]
gender-segregated format for basic training), and, as part of
the examination, evaluate whether at the time of that decision,
the Secretary of the military department with jurisdiction over
that service had substantive reason to believe, or has since
developed data to support, that gender-integrated basic
training, or gender-segregated basic training, improves the
readiness or performance of operational units.
(D) Assess whether the concept of ``training as you will
fight'' is a valid rationale for gender-integrated basic
training or whether the training requirements and objectives for
basic training are sufficiently different from those of
operational units so that such concept, when balanced against
other factors relating to basic training, might not be a
sufficient rationale for gender-integrated basic training.
(E) Identify the requirements unique to each service that
could affect a decision by the Secretary concerned to adopt a
gender-integrated or gender-segregated format for basic training
and assess whether the format in use by each service has been
successful in meeting those requirements.
(F) Assess, with respect to each service, the degree to
which different standards have been established, or if not
established are in fact being implemented, for males and females
in basic training for matters such as physical fitness, physical
performance (such as confidence and obstacle courses), military
skills (such as marksmanship and hand-grenade qualifications),
and nonphysical tasks required of individuals and, to the degree
that differing standards exist or are in fact being implemented,
assess the effect of the use of those differing standards.
(G) Identify the goals that each service has set forth in
regard to readiness, in light of the gender-integrated or
gender-segregated format that such service has adopted for basic
training, and whether that format contributes to the readiness
of operational units.
(H) Assess the degree to which performance standards in
basic training are based on military readiness.
(I) Evaluate the policies of each of the services regarding
the assignment of adequate numbers of female drill instructors
in gender-integrated training units who can serve as role models
and mentors for female trainees.
(J) Review Department of Defense and military department
efforts to objectively measure or evaluate the effectiveness of
gender-integrated basic training, as compared to gender-
segregated basic training, particularly with regard to the
adequacy and scope of the efforts and with regard to the
relevancy of findings to operational unit requirements, and
determine whether the Department of Defense and the military
departments are capable of measuring or evaluating the
effectiveness of that training format objectively.
(K) Compare the pattern of attrition in gender-integrated
basic training units with the pattern of attrition in gender-
segregated basic training units and assess the relevancy of the
findings of such comparison.
(L) Compare the level of readiness and morale of gender-
integrated basic training units with the level of readiness and
morale of gender-segregated units, and assess the relevancy of
the findings of such comparison and the implications, for
readiness, of any differences found.
[[Page 111 STAT. 1753]]
(M) Compare the experiences, policies, and practices of the
armed forces of other industrialized nations regarding gender-
integrated training with those of the Army, Navy, Air Force, and
Marine Corps.
(N) Review, and take into consideration, the current
practices, relevant studies, and private sector training
concepts pertaining to gender-integrated training.
(O) Assess the feasibility and implications of conducting
basic training (or equivalent training) at the company level and
below through separate units for male and female recruits,
including the costs and other resource commitments required to
implement and conduct basic training in such a manner and the
implications for readiness and unit cohesion.
(P) Assess the feasibility and implications of requiring
drill instructors for basic training units to be of the same sex
as the recruits in those units if the basic training were to be
conducted as described in subparagraph (O).
(c) Functions Relating to Basic Training Programs
Generally.--The commission shall review the course objectives,
structure, and length of the basic training programs of the Army, Navy,
Air Force, and Marine Corps. The commission shall also review the
relationship between those basic training objectives and the advanced
training provided in the initial entry training programs of each of
those services. As part of that review, the commission shall (with
respect to each of those services) take the following measures:
(1) Determine the current end-state objectives established
for graduates of basic training, particularly in regard to--
(A) physical conditioning;
(B) technical and physical skills proficiency;
(C) knowledge;
(D) military socialization, including the
inculcation of service values and attitudes; and
(E) basic combat operational requirements.
(2) Assess whether those current end-state objectives, and
basic training itself, should be modified (in structure, length,
focus, program of instruction, training methods or otherwise)
based, in part, on the following:
(A) An assessment of the perspectives of operational
units on the quality and qualifications of the initial
entry training graduates being assigned to those units,
considering in particular whether the basic training
system produces graduates who arrive in operational
units with an appropriate level of skills, physical
conditioning, and degree of military socialization to
meet unit requirements and needs.
(B) An assessment of the demographics, backgrounds,
attitudes, experience, and physical fitness of new
recruits entering basic training, considering in
particular the question of whether, given the entry
level demographics, education, and background of new
recruits, the basic training systems and objectives are
most efficiently and effectively structured and
conducted to produce graduates who meet service needs.
(C) An assessment of the perspectives of personnel
who conduct basic training with regard to measures
required to improve basic training.
[[Page 111 STAT. 1754]]
(3) Assess the extent to which the initial entry training
programs of each of the services continue, after the basic
training phases of the programs, effectively to reinforce and
advance the military socialization (including the inculcation of
service values and attitudes), the physical conditioning, and
the attainment and improvement of knowledge and proficiency in
fundamental military skills that are begun in basic training.
(d) Recommendations.--The commission shall prepare--
(1) with respect to each of the Army, Navy, Air Force, and
Marine Corps, an evaluation of gender-integrated and gender-
segregated basic training programs, based upon the review under
subsection (b);
(2) recommendations for such changes to the current system
of basic training as the commission considers warranted; and
(3) recommendations for such changes to laws, regulations,
policies, directives, and practices referred to in subsection
(a)(1) as the commission considers warranted.
(e) Reports.--(1) Not later than April 15, 1998, the commission
shall submit to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives a report
setting forth a strategic plan for the work of the commission and the
activities and initial findings of the commission.
(2) Not later than September 16, 1998, the commission shall submit a
final report to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives. The
final report shall set forth the activities, findings, and
recommendations of the commission, including any recommendations for
congressional action and administrative action that the commission
considers appropriate. The report shall specifically set forth the views
of the Secretaries of the military departments regarding the matters
described in subparagraphs (O) and (P) of subsection (b)(2).
SEC. 563. ADMINISTRATIVE MATTERS.
(a) Meetings.--(1) The commission shall hold its first meeting not
later than 30 days after the date on which all members have been
appointed.
(2) The commission shall meet upon the call of the chairman.
(3) A majority of the members of the commission shall constitute a
quorum, but a lesser number may hold meetings.
(b) 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.
(c) Powers.--(1) 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) 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) 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.
[[Page 111 STAT. 1755]]
(d) Pay and Expenses of Commission Members.--(1) Each member of the
commission who is not an employee of the Government shall be paid 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) 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) 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)(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.
(e) Staff and Administrative Support.--(1) 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
maximum rate of pay for grade GS-15 under the General Schedule.
(2) 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.
(3) 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.
(4) The Secretary of Defense shall furnish to the commission such
administrative and support services as may be requested by the chairman
of the commission.
SEC. 564. TERMINATION OF COMMISSION.
The commission shall terminate 60 days after the date on which it
submits the final report under section 562(e)(2).
[[Page 111 STAT. 1756]]
SEC. 565. FUNDING.
(a) 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.
(b) 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. 566. SUBSEQUENT CONSIDERATION BY CONGRESS.
After receipt of each report of the commission under section 562(e),
Congress shall consider the report and, based upon the results of the
review (and such other matters as Congress considers appropriate),
consider whether to require by law that the Secretaries of the military
departments conduct basic training on a gender-segregated or gender-
integrated basis.
Subtitle G--Military Decorations and Awards
SEC. 571. PURPLE HEART TO BE AWARDED ONLY TO MEMBERS OF THE ARMED
FORCES.
(a) In General.--(1) Chapter 57 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1131. Purple Heart: limitation to members of the armed forces
``The decoration known as the Purple Heart (authorized to be awarded
pursuant to Executive Order 11016) may only be awarded to a person who
is a member of the armed forces at the time the person is killed or
wounded under circumstances otherwise qualifying that person for award
of the Purple Heart.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``1131. Purple Heart: limitation to members of the armed forces.''.
(b) <<NOTE: 10 USC 1131 note.>> Effective Date.--Section 1131 of
title 10, United States Code, as added by subsection (a), shall apply
with respect to persons who are killed or wounded after the end of the
180-day period beginning on the date of the enactment of this Act.
SEC. 572. <<NOTE: 10 USC 1130 note.>> ELIGIBILITY FOR ARMED FORCES
EXPEDITIONARY MEDAL FOR PARTICIPATION IN OPERATION JOINT
ENDEAVOR OR OPERATION JOINT GUARD.
(a) Inclusion of Operations.--For the purpose of determining the
eligibility of members and former members of the Armed Forces for the
Armed Forces Expeditionary Medal, the Secretary of Defense shall
designate participation in Operation Joint Endeavor or Operation Joint
Guard in the Republic of Bosnia and Herzegovina, and in such other areas
in the region as the Secretary considers appropriate, as service in an
area that meets the general requirements for the award of that medal.
(b) Individual Determination.--The Secretary of the military
department concerned shall determine whether individual members
[[Page 111 STAT. 1757]]
or former members of the Armed Forces who participated in Operation
Joint Endeavor or Operation Joint Guard meet the individual service
requirements for award of the Armed Forces Expeditionary Medal as
established in applicable regulations. A member or former member shall
be considered to have participated in Operation Joint Endeavor or
Operation Joint Guard if the member--
(1) was deployed in the Republic of Bosnia and Herzegovina,
or in such other area in the region as the Secretary of Defense
considers appropriate, in direct support of one or both of the
operations;
(2) served on board a United States naval vessel operating
in the Adriatic Sea in direct support of one or both of the
operations; or
(3) operated in airspace above the Republic of Bosnia and
Herzegovina, or in such other area in the region as the
Secretary of Defense considers appropriate, while the operations
were in effect.
(c) Operations Defined.--For purposes of this section:
(1) The term ``Operation Joint Endeavor'' means operations
of the United States Armed Forces conducted in the Republic of
Bosnia and Herzegovina during the period beginning on November
20, 1995, and ending on December 20, 1996, to assist in
implementing the General Framework Agreement and Associated
Annexes, initialed on November 21, 1995, in Dayton, Ohio.
(2) The term ``Operation Joint Guard'' means operations of
the United States Armed Forces conducted in the Republic of
Bosnia and Herzegovina as a successor to Operation Joint
Endeavor during the period beginning on December 20, 1996, and
ending on such date as the Secretary of Defense may designate.
SEC. 573. 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.
(3) To Robert Norman of Reno, Nevada, for service during
World War II.
(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)
[[Page 111 STAT. 1758]]
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. 574. 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. 575. 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
``during the period beginning on February 10, 1996, and ending on
February 9, 1998''.
SEC. 576. <<NOTE: 10 USC 1130 note.>> 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 (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.
[[Page 111 STAT. 1759]]
(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 two years after the date of the
enactment of this Act.
SEC. 577. RETROACTIVITY OF MEDAL OF HONOR SPECIAL PENSION.
(a) Entitlement.--In the case of Vernon J. Baker, Edward A. Carter,
Junior, and Charles L. Thomas, who were awarded the Medal of Honor
pursuant to section 561 of Public Law 104-201 (110 Stat. 2529) and whose
names have been entered and recorded on the Army, Navy, Air Force, and
Coast Guard Medal of Honor Roll, the entitlement of those persons to the
special pension provided under section 1562 of title 38, United States
Code (and antecedent provisions of law), shall be effective as follows:
(1) In the case of Vernon J. Baker, for months that begin
after April 1945.
(2) In the case of Edward A. Carter, Junior, for months that
begin after March 1945.
(3) In the case of Charles L. Thomas, for months that begin
after December 1944.
(b) Amount.--The amount of the special pension payable under
subsection (a) for a month beginning before the date of the enactment of
this Act shall be the amount of the special pension provided by law for
that month for persons entered and recorded on the Army, Navy, Air
Force, and Coast Guard Medal of Honor Roll (or an antecedent Medal of
Honor Roll required by law).
(c) Payment to Next of Kin.--In the case of a person referred to in
subsection (a) who died before receiving full payment of the pension
pursuant to this section, the Secretary of Veterans Affairs shall pay
the total amount of the accrued pension, upon receipt of application for
payment within one year after the date of the enactment of this Act, to
the deceased person's spouse or, if there is no surviving spouse, then
to the deceased person's children, per stirpes, in equal shares.
Subtitle H--Military Justice Matters
SEC. 581. ESTABLISHMENT OF SENTENCE OF CONFINEMENT FOR LIFE WITHOUT
ELIGIBILITY FOR PAROLE.
(a) Establishment of Sentence.--(1) Chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice), is amended by
inserting after section 856 (article 56) the following new section
(article):
``Sec. 856a. Art. 56a. Sentence of confinement for life without
eligibility for parole
``(a) For any offense for which a sentence of confinement for life
may be adjudged, a court-martial may adjudge a sentence of confinement
for life without eligibility for parole.
``(b) An accused who is sentenced to confinement for life without
eligibility for parole shall be confined for the remainder of the
accused's life unless--
``(1) the sentence is set aside or otherwise modified as a
result of--
[[Page 111 STAT. 1760]]
``(A) action taken by the convening authority, the
Secretary concerned, or another person authorized to act
under section 860 of this title (article 60); or
``(B) any other action taken during post-trial
procedure and review under any other provision of
subchapter IX;
``(2) the sentence is set aside or otherwise modified as a
result of action taken by a Court of Criminal Appeals, the Court
of Appeals for the Armed Forces, or the Supreme Court; or
``(3) the accused is pardoned.''.
(2) The table of sections at the beginning of subchapter VIII of
such chapter is amended by inserting after the item relating to section
856 (article 56) the following new item:
``856a. 56a. Sentence of confinement for life without eligibility for
parole.''.
(b) <<NOTE: 10 USC 856a note.>> Effective Date.--Section 856a of
title 10, United States Code (article 56a of the Uniform Code of
Military Justice), as added by subsection (a), shall be applicable only
with respect to an offense committed after the date of the enactment of
this Act.
SEC. 582. LIMITATION ON APPEAL OF DENIAL OF PAROLE FOR OFFENDERS SERVING
LIFE SENTENCE.
(a) Exclusive Authority To Grant Parole on Appeal of Denial.--
Section 952 of title 10, United States Code, is amended--
(1) by inserting ``(a)'' before ``The Secretary''; and
(2) by adding at the end the following new subsection:
``(b) In a case in which parole for an offender serving a sentence
of confinement for life is denied, only the President or the Secretary
concerned may grant the offender parole on appeal of that denial. The
authority to grant parole on appeal in such a case may not be
delegated.''.
(b) <<NOTE: 10 USC 952 note.>> Effective Date.--Subsection (b) of
section 952 of title 10, United States Code (as added by subsection
(a)), shall apply only with respect to any decision to deny parole made
after the date of the enactment of this Act.
Subtitle I--Other Matters
SEC. 591. SEXUAL HARASSMENT INVESTIGATIONS AND REPORTS.
(a) Investigations.--(1) Part II of subtitle A of title 10, United
States Code, is amended by inserting after chapter 79 the following new
chapter:
``CHAPTER 80--MISCELLANEOUS INVESTIGATION REQUIREMENTS AND OTHER DUTIES
``Sec.
``1561. Complaints of sexual harassment: investigation by commanding
officers.
``Sec. 1561. Complaints of sexual harassment: investigation by
commanding officers
``(a) Action on Complaints Alleging Sexual Harassment.--A commanding
officer or officer in charge of a unit, vessel, facility, or area of the
Army, Navy, Air Force, or Marine Corps 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
[[Page 111 STAT. 1761]]
Department of Defense shall carry out an investigation of the matter in
accordance with this section.
``(b) Commencement of Investigation.--To the extent practicable, a
commanding officer or officer in charge receiving such a complaint
shall, within 72 hours after receipt of the complaint--
``(1) 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;
``(2) commence, or cause the commencement of, an
investigation of the complaint; and
``(3) advise the complainant of the commencement of the
investigation.
``(c) Duration of Investigation.--To the extent practicable, a
commanding officer or officer in charge receiving such a complaint shall
ensure that the investigation of the complaint is completed not later
than 14 days after the date on which the investigation is commenced.
``(d) Report on Investigation.--To the extent practicable, a
commanding officer or officer in charge receiving such a complaint
shall--
``(1) 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
subsection (b)(1) within 20 days after the date on which the
investigation is commenced; or
``(2) submit a report on the progress made in completing the
investigation to the next superior officer referred to in
subsection (b)(1) within 20 days after the date on which 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.
``(e) Sexual Harassment Defined.--In this section, the term `sexual
harassment' means any of the following:
``(1) Conduct (constituting a form of sex discrimination)
that--
``(A) involves unwelcome sexual advances, requests
for sexual favors, and deliberate or repeated offensive
comments or gestures 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
[[Page 111 STAT. 1762]]
the armed forces or a civilian employee of the Department of
Defense.
``(3) Any deliberate or repeated unwelcome verbal comment or
gesture of a sexual nature in the workplace by any member of the
armed forces or civilian employee of the Department of
Defense.''.
(2) The tables of chapters at the beginning of subtitle A, and at
the beginning of part II of subtitle A, of such title are amended by
inserting after the item relating to chapter 79 the following new item:
``80. Miscellaneous Investigation Requirements and Other Duties..1561''.
(b) <<NOTE: 10 USC 1561 note.>> Reports.--(1) Not later than
January 1 of each of 1998 and 1999, each officer receiving a complaint
forwarded in accordance with section 1561(b) of title 10, United States
Code, as added by subsection (a), during the preceding year shall submit
to the Secretary of the military department concerned a report on all
such complaints and the investigations of such complaints (including the
results of the investigations, in cases of investigations completed
during such preceding year).
(2)(A) Not later than March 1 of each of 1998 and 1999, each
Secretary receiving a report under paragraph (1) for a year shall submit
to the Secretary of Defense a report on all such reports so received.
(B) Not later than 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.
SEC. 592. SENSE OF THE SENATE REGARDING STUDY OF MATTERS RELATING TO
GENDER EQUITY IN THE ARMED FORCES.
(a) Findings.--The Senate 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 the Senate.--It is the sense of the Senate 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 the Senate a report on the study not later
than one year after the date of the enactment of this Act.
SEC. 593. AUTHORITY FOR PERSONNEL TO PARTICIPATE IN MANAGEMENT OF
CERTAIN NON-FEDERAL ENTITIES.
(a) Military Personnel.--(1) Chapter 53 of title 10, United States
Code, is amended by inserting after section 1032 the following new
section:
``Sec. 1033. Participation in management of specified non-Federal
entities: authorized activities
``(a) Authorization.--The Secretary concerned may authorize a member
of the armed forces under the Secretary's jurisdiction
[[Page 111 STAT. 1763]]
to serve without compensation as a director, officer, or trustee, or to
otherwise participate, in the management of an entity designated under
subsection (b). Any such authorization shall be made on a case-by-case
basis, for a particular member to participate in a specific capacity
with a specific designated entity. Such authorization may be made only
for the purpose of providing oversight and advice to, and coordination
with, the designated entity, and participation of the member in the
activities of the designated entity may not extend to participation in
the day-to-day operations of the entity.
``(b) Designated Entities.--(1) The Secretary of Defense, and the
Secretary of Transportation in the case of the Coast Guard when it is
not operating as a service in the Navy, shall designate those entities
for which authorization under subsection (a) may be provided. The list
of entities so designated may not be revised more frequently than
semiannually. In making such designations, the Secretary shall designate
each military welfare society and may designate any other entity
described in paragraph (3). No other entities may be designated.
``(2) In this section, the term `military welfare society' means the
following:
``(A) Army Emergency Relief.
``(B) Air Force Aid Society, Inc.
``(C) Navy-Marine Corps Relief Society.
``(D) Coast Guard Mutual Assistance.
``(3) An entity described in this paragraph is an entity that is not
operated for profit and is any of the following:
``(A) An entity that regulates and supports the athletic
programs of the service academies (including athletic
conferences).
``(B) An entity that regulates international athletic
competitions.
``(C) An entity that accredits service academies and other
schools of the armed forces (including regional accrediting
agencies).
``(D) An entity that (i) regulates the performance,
standards, and policies of military health care (including
health care associations and professional societies), and (ii)
has designated the position or capacity in that entity in which
a member of the armed forces may serve if authorized under
subsection (a).
``(c) Publication of Designated Entities and of Authorized
Persons.--A designation <<NOTE: Federal Register, publication.>> of an
entity under subsection (b), and an authorization under subsection (a)
of a member of the armed forces to participate in the management of such
an entity, shall be published in the Federal Register.
``(d) Regulations.--The Secretary of Defense, and the Secretary of
Transportation in the case of the Coast Guard when it is not operating
as a service in the Navy, shall prescribe regulations to carry out this
section.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1032 the
following new item:
``1033. Participation in management of specified non-Federal entities:
authorized activities.''.
(b) Civilian Personnel.--(1) Chapter 81 of such title is
amended by inserting after section 1588 the following new section:
[[Page 111 STAT. 1764]]
``Sec. 1589. Participation in management of specified non-Federal
entities: authorized activities
``(a) Authorization.--(1) The Secretary concerned may authorize an
employee described in paragraph (2) to serve without compensation as a
director, officer, or trustee, or to otherwise participate, in the
management of an entity designated under subsection (b). Any such
authorization shall be made on a case-by-case basis, for a particular
employee to participate in a specific capacity with a specific
designated entity. Such authorization may be made only for the purpose
of providing oversight and advice to, and coordination with, the
designated entity, and participation of the employee in the activities
of the designated entity may not extend to participation in the day-to-
day operations of the entity.
``(2) Paragraph (1) applies to any employee of the Department of
Defense or, in the case of the Coast Guard when not operating as a
service in the Navy, of the Department of Transportation. For purposes
of this section, the term `employee' includes a civilian officer.
``(b) Designated Entities.--The Secretary of Defense, and the
Secretary of Transportation in the case of the Coast Guard when it is
not operating as a service in the Navy, shall designate those entities
for which authorization under subsection (a) may be provided. The list
of entities so designated may not be revised more frequently than
semiannually. In making such designations, the Secretary shall designate
each military welfare society named in paragraph (2) of section 1033(b)
of this title and may designate any other entity described in paragraph
(3) of such section. No other entities may be designated.
``(c) Publication of Designated Entities and of Authorized
Persons.--A designation of <<NOTE: Federal Register, publication.>> an
entity under subsection (b), and an authorization under subsection (a)
of an employee to participate in the management of such an entity, shall
be published in the Federal Register.
``(d) Civilians Outside the Military Departments.--In this section,
the term `Secretary concerned' includes the Secretary of Defense with
respect to employees of the Department of Defense who are not employees
of a military department.
``(e) Regulations.--The Secretary of Defense, and the Secretary of
Transportation in the case of the Coast Guard when it is not operating
as a service in the Navy, shall prescribe regulations to carry out this
section.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1588 the
following new item:
``1589. Participation in management of specified non-Federal entities:
authorized activities.''.
SEC. 594. TREATMENT OF PARTICIPATION OF MEMBERS IN DEPARTMENT OF DEFENSE
CIVIL MILITARY PROGRAMS.
Section 2012 of title 10, United States Code, is amended--
(1) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively; and
(2) by inserting after subsection (f) the following new
subsection:
``(g) Treatment of Member's Participation in Provision of Support or
Services.--(1) The Secretary of a military department may not require or
request a member of the armed forces to submit
[[Page 111 STAT. 1765]]
for consideration by a selection board (including a promotion board,
command selection board, or any other kind of selection board) evidence
of the member's participation in the provision of support and services
to non-Department of Defense organizations and activities under this
section or the member's involvement in, or support of, other community
relations and public affairs activities of the armed forces.
``(2) Paragraph (1) does not prevent a selection board from
considering material submitted voluntarily by a member of the armed
forces which provides evidence of the participation of that member or
another member in activities described in that paragraph.''.
SEC. 595. COMPTROLLER GENERAL STUDY OF DEPARTMENT OF DEFENSE CIVIL
MILITARY PROGRAMS.
(a) Study Required.--The Comptroller General shall conduct a study
to evaluate the following:
(1) The nature, extent, and cost to the Department of
Defense of the support and services being provided by units and
members of the Armed Forces to non-Department of Defense
organizations and activities under the authority of section 2012
of title 10, United States Code.
(2) The degree to which the Armed Forces are in compliance
with the requirements of such section in the provision of such
support and services, especially the requirements that the
assistance meet specific requirements relative to military
training and that the assistance provided be incidental to
military training.
(3) The degree to which the regulations and procedures for
implementing such section, as required by subsection (f) of such
section, are consistent with the requirements of such section.
(4) The effectiveness of the Secretary of Defense and the
Secretaries of the military departments in conducting oversight
of the implementation of such section, and the provision of such
support and services under such section, to ensure compliance
with the requirements of such section.
(b) Submission of Report.--Not later than March 31, 1998, the
Comptroller General shall submit to Congress a report containing the
results of the study required by subsection (a).
SEC. 596. ESTABLISHMENT OF PUBLIC AFFAIRS SPECIALTY IN THE ARMY.
(a) New Specialty.--Chapter 307 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 3083. Public Affairs Specialty
``There is a career field in the Army known as the Public Affairs
Specialty. Members of the Army with the Public Affairs Specialty are--
``(1) the Chief of Public Affairs;
``(2) commissioned officers of the Army in the grade of
major or above who are selected and specifically educated,
trained, and experienced to perform as professional public
affairs officers for the remainder of their careers; and
``(3) other members of the Army assigned to public affairs
positions by the Secretary of the Army.''.
[[Page 111 STAT. 1766]]
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``3083. Public Affairs Specialty.''.
SEC. 597. GRADE OF DEFENSE ATTACHE IN FRANCE.
(a) In General.--Chapter 41 of title 10, United States Code, is
amended by inserting after section 713 the following new section:
``Sec. 714. Defense attache in France: required grade
``An officer may not be selected for assignment to the position of
defense attache to the United States embassy in France unless the
officer holds (or is on a promotion list for promotion to) the grade of
brigadier general or, in the case of the Navy, rear admiral (lower
half).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
713 the following new item:
``714. Defense attache in France: required grade.''.
SEC. 598. REPORT ON CREW REQUIREMENTS OF WC-130J AIRCRAFT.
(a) Study.--The Secretary of the Air Force shall conduct a study of
the crew requirements for WC-130J aircraft to be procured for assignment
to the aerial weather reconnaissance mission involving the eyewall
penetration of tropical cyclones. The study shall include study of the
anticipated operation of WC-130J aircraft in weather reconnaissance
missions configured to carry five crewmembers, including a navigator. In
carrying out the study, the Secretary shall provide for participation by
members of the Armed Forces currently assigned to units engaged in
weather reconnaissance operations.
(b) Report.--The Secretary shall submit to Congress a report on the
results of the study. The Secretary shall include in the report the
views of members of the Armed Forces currently assigned to units engaged
in weather reconnaissance operations who participated in the study. If
as a result of the study the Secretary determines that there are
crewmembers assigned to weather reconnaissance duties in excess of the
crew requirements that will be applicable for WC-130J aircraft, the
Secretary shall include in the report a plan for retraining or
reassignment of those crewmembers. The study shall be submitted not
later than September 30, 1998.
SEC. 599. IMPROVEMENT OF MISSING PERSONS AUTHORITIES APPLICABLE TO
DEPARTMENT OF DEFENSE.
(a) Applicability to Department of Defense Civilian Employees and
Contractor Employees.--(1) Section 1501 of title 10, United States Code,
is amended--
(A) by striking out subsection (c) and inserting in lieu
thereof the following:
``(c) Covered Persons.--(1) Section 1502 of this title applies in
the case of any member of the armed forces on active duty--
``(A) who becomes involuntarily absent as a result of a
hostile action or under circumstances suggesting that the
involuntary absence is a result of a hostile action; and
``(B) whose status is undetermined or who is unaccounted
for.
[[Page 111 STAT. 1767]]
``(2) Section 1502 of this title applies in the case of any other
person who is a citizen of the United States and a civilian officer or
employee of the Department of Defense or (subject to paragraph (3)) an
employee of a contractor of the Department of Defense--
``(A) who serves in direct support of, or accompanies, the
armed forces in the field under orders and becomes involuntarily
absent as a result of a hostile action or under circumstances
suggesting that the involuntary absence is a result of a hostile
action; and
``(B) whose status is undetermined or who is unaccounted
for.
``(3) The Secretary of Defense shall determine, with regard to a
pending or ongoing military operation, the specific employees, or groups
of employees, of contractors of the Department of Defense to be
considered to be covered by this subsection.''; and
(B) by adding at the end the following new subsection:
``(f) Secretary Concerned.--In this chapter, the term `Secretary
concerned' includes, in the case of a civilian officer or employee of
the Department of Defense or an employee of a contractor of the
Department of Defense, the Secretary of the military department or head
of the element of the Department of Defense employing the officer or
employee or contracting with the contractor, as the case may be.''.
(2) Section 1503(c) of such title is amended--
(A) in paragraph (1), by striking out ``one military
officer'' and inserting in lieu thereof ``one individual
described in paragraph (2)'';
(B) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(C) by inserting after paragraph (1) the following new
paragraph (2):
``(2) An individual referred to in paragraph (1) is the following:
``(A) A military officer, in the case of an inquiry with
respect to a member of the armed forces.
``(B) A civilian, in the case of an inquiry with respect to
a civilian employee of the Department of Defense or of a
contractor of the Department of Defense.''.
(3) Section 1504(d) of such title is amended--
(A) in paragraph (1), by striking out ``who are'' and all
that follows in that paragraph and inserting in lieu thereof
``as follows:
``(A) In the case of a board that will inquire into the
whereabouts and status of one or more members of the armed
forces (and no civilians described in subparagraph (B)), the
board shall be composed of officers having the grade of major or
lieutenant commander or above.
``(B) In the case of a board that will inquire into the
whereabouts and status of one or more civilian employees of the
Department of Defense or contractors of the Department of
Defense (and no members of the armed forces), the board shall be
composed of--
``(i) not less than three employees of the
Department of Defense whose rate of annual pay is equal
to or greater than the rate of annual pay payable for
grade GS-13 of the General Schedule under section 5332
of title 5; and
[[Page 111 STAT. 1768]]
``(ii) such members of the armed forces as the
Secretary considers advisable.
``(C) In the case of a board that will inquire into the
whereabouts and status of both one or more members of the armed
forces and one or more civilians described in subparagraph (B)--
``(i) the board shall include at least one officer
described in subparagraph (A) and at least one employee
of the Department of Defense described in subparagraph
(B)(i); and
``(ii) the ratio of such officers to such employees
on the board shall be roughly proportional to the ratio
of the number of members of the armed forces who are
subjects of the board's inquiry to the number of
civilians who are subjects of the board's inquiry.'';
and
(B) in paragraph (4), by striking out ``section 1503(c)(3)''
and inserting in lieu thereof ``section 1503(c)(4)''.
(4) Paragraph (1) of section 1513 of such title is amended to read
as follows:
``(1) The term `missing person' means--
``(A) a member of the armed forces on active duty
who is in a missing status; or
``(B) a civilian employee of the Department of
Defense or an employee of a contractor of the Department
of Defense who serves in direct support of, or
accompanies, the armed forces in the field under orders
and who is in a missing status.
Such term includes an unaccounted for person described in
section 1509(b) of this title, under the circumstances specified
in the last sentence of section 1509(a) of this title.''.
(b) Transmission to Theater Component Commander of Advisory Copy of
Missing Person Report.--(1) Section 1502 of such title is amended--
(A) by redesignating subsection (b) as subsection (c); and
(B) by inserting after subsection (a) the following new
subsection (b):
``(b) Transmission of Advisory Copy to Theater Component
Commander.--When transmitting a report under subsection (a)(2)
recommending that a person be placed in a missing status, the commander
transmitting that report shall transmit an advisory copy of the report
to the theater component commander with jurisdiction over the missing
person.''.
(2) Section 1513 of such title is amended by adding at the end the
following new paragraph:
``(8) The term `theater component commander' means, with
respect to any of the combatant commands, an officer of any of
the armed forces who (A) is commander of all forces of that
armed force assigned to that combatant command, and (B) is
directly subordinate to the commander of the combatant
command.''.
(c) Information To Accompany Recommendation of Status of Death.--
Section 1507(b) of such title is amended by adding at the end the
following new paragraphs:
``(3) A description of the location of the body, if
recovered.
``(4) If the body has been recovered and is not identifiable
through visual means, a certification by a forensic pathologist
[[Page 111 STAT. 1769]]
that the body recovered is that of the missing person. In
determining whether to make such a certification, the forensic
pathologist shall consider, as determined necessary by the
Secretary of the military department concerned, additional
evidence and information provided by appropriate specialists in
forensic medicine or other appropriate medical sciences.''.
(d) Missing Person's Counsel.--(1) Sections 1503(f)(1) and
1504(f)(1) of such title are amended by adding at the end the following:
``The identity of counsel appointed under this paragraph for a missing
person shall be made known to the missing person's primary next of kin
and any other previously designated person of the person.''.
(2) Section 1503(f)(4) of such title is amended by adding at the end
the following: ``The primary next of kin of a missing person and any
other previously designated person of the missing person shall have the
right to submit information to the missing person's counsel relative to
the disappearance or status of the missing person.''.
(e) Scope of Preenactment Review.--(1) Section 1509 of such title is
amended by striking out subsection (a) and inserting in lieu thereof the
following:
``(a) Review of Status.--(1) If new information (as defined in
paragraph (2)) is found or received that may be related to one or more
unaccounted for persons described in subsection (b) (whether or not such
information specifically relates (or may specifically relate) to any
particular such unaccounted for person), that information shall be
provided to the Secretary of Defense. Upon receipt of such information,
the Secretary shall ensure that the information is treated under
paragraphs (2) and (3) of section 1505(c) of this title and under
section 1505(d) of this title in the same manner as information received
under paragraph (1) of section 1505(c) of this title. For purposes of
the applicability of other provisions of this chapter in such a case,
each such unaccounted for person to whom the new information may be
related shall be considered to be a missing person.
``(2) For purposes of this subsection, new information is
information that is credible and that--
``(A) is found or received after the date of the enactment
of the National Defense Authorization Act for Fiscal Year 1998
by a United States intelligence agency, by a Department of
Defense agency, or by a person specified in section 1504(g) of
this title; or
``(B) is identified after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 1998 in
records of the United States as information that could be
relevant to the case of one or more unaccounted for persons
described in subsection (b).''.
(2) Such section is further amended by adding at the end the
following new subsection:
``(d) Establishment of Personnel Files for Korean Conflict Cases.--
The Secretary of Defense shall ensure that a personnel file is
established for each unaccounted for person who is described in
subsection (b)(1) if the Secretary possesses information relevant to
that person's status. In the case of a person described in subsection
(b)(1) for whom a personnel file does not exist, the Secretary shall
create a personnel file for such person upon receipt of new information
as provided in subsection (a). Each such file
[[Page 111 STAT. 1770]]
shall be handled in accordance with, and subject to the provisions of,
section 1506 of this title in the same manner as applies to the file of
a missing person.''.
(f) Withholding of Classified Information.--Section 1506(b) of such
title is amended--
(1) by inserting ``(1)'' before ``The Secretary'';
(2) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively; and
(3) by adding at the end the following:
``(2) If classified information withheld under this subsection
refers to one or more unnamed missing persons, the Secretary shall
ensure that notice of that withheld information, and notice of the date
of the most recent review of the classification of that withheld
information, is made reasonably accessible to the primary next of kin,
members of the immediate family, and the previously designated
person.''.
(g) Withholding of Privileged Information.--Section 1506(d) of such
title is amended--
(1) in paragraph (2)--
(A) by inserting ``or about unnamed missing
persons'' in the first sentence after ``the debriefing
report'';
(B) by striking out ``the missing person'' in the
second sentence and inserting in lieu thereof ``each
missing person named in the debriefing report''; and
(C) by adding at the end the following new sentence:
``Any information contained in the extract of the
debriefing report that pertains to unnamed missing
persons shall be made reasonably accessible to the
primary next of kin, members of the immediate family,
and the previously designated person.''; and
(2) in paragraph (3), by inserting ``, or part of a
debriefing report,'' after ``a debriefing report''.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 1998.
Sec. 602. Reform of basic allowance for subsistence.
Sec. 603. Consolidation of basic allowance for quarters, variable
housing allowance, and overseas housing allowances.
Sec. 604. Revision of authority to adjust compensation necessitated by
reform of subsistence and housing allowances.
Sec. 605. Protection of total compensation of members while performing
certain duty.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonuses and special pay
authorities for
reserve forces.
Sec. 612. One-year extension of certain bonuses and special pay
authorities for nurse officer candidates, registered nurses,
and nurse anesthetists.
Sec. 613. One-year extension of authorities relating to payment of other
bonuses and special pays.
Sec. 614. Increase in minimum monthly rate of hazardous duty incentive
pay for certain members.
Sec. 615. Increase in aviation career incentive pay.
Sec. 616. Modification of aviation officer retention bonus.
Sec. 617. Availability of multiyear retention bonus for dental officers.
Sec. 618. Increase in variable and additional special pays for certain
dental officers.
Sec. 619. Availability of special pay for duty at designated hardship
duty locations.
[[Page 111 STAT. 1771]]
Sec. 620. Definition of sea duty for purposes of career sea pay.
Sec. 621. Modification of Selected Reserve reenlistment bonus.
Sec. 622. Modification of Selected Reserve enlistment bonus for former
enlisted members.
Sec. 623. Expansion of reserve affiliation bonus to include Coast Guard
Reserve.
Sec. 624. Increase in special pay and bonuses for nuclear-qualified
officers.
Sec. 625. Provision of bonuses in lieu of special pay for enlisted
members extending tours of duty at designated locations
overseas.
Sec. 626. Increase in amount of family separation allowance.
Sec. 627. Deadline for payment of Ready Reserve muster duty allowance.
Subtitle C--Travel and Transportation Allowances
Sec. 631. Travel and transportation allowances for dependents before
approval of member's court-martial sentence.
Sec. 632. Dislocation allowance.
Subtitle D--Retired Pay, Survivor Benefits, and Related Matters
Sec. 641. One-year opportunity to discontinue participation in Survivor
Benefit Plan.
Sec. 642. Time in which change in survivor benefit coverage from former
spouse to spouse may be made.
Sec. 643. Review of Federal former spouse protection laws.
Sec. 644. Annuities for certain military surviving spouses.
Sec. 645. Administration of benefits for so-called minimum income
widows.
Subtitle E--Other Matters
Sec. 651. Loan repayment program for commissioned officers in certain
health
professions.
Sec. 652. Conformance of NOAA commissioned officers separation pay to
separation pay for members of other uniformed services.
Sec. 653. Eligibility of Public Health Service officers and NOAA
commissioned corps officers for reimbursement of adoption
expenses.
Sec. 654. Payment of back quarters and subsistence allowances to World
War II veterans who served as guerrilla fighters in the
Philippines.
Sec. 655. Subsistence of members of the Armed Forces above the poverty
level.
Subtitle A--Pay and Allowances
SEC. 601. <<NOTE: 37 USC 1009.>> INCREASE IN BASIC PAY FOR FISCAL YEAR
1998.
(a) Waiver of Section 1009 Adjustment.--The adjustment, to become
effective during fiscal year 1998, required by section 1009 of title 37,
United States Code (as amended by section 604), in the rate of monthly
basic pay authorized members of the uniformed services by section 203(a)
of such title shall not be made.
(b) Increase in Basic Pay.--Effective <<NOTE: Effective date.>> on
January 1, 1998, the rates of basic pay of members of the uniformed
services are increased by 2.8 percent.
SEC. 602. REFORM OF BASIC ALLOWANCE FOR SUBSISTENCE.
(a) Entitlement to Allowance.--Section 402 of title 37, United
States Code, is amended to read as follows:
``Sec. 402. Basic allowance for subsistence
``(a) Entitlement to Allowance.--(1) Except as provided in paragraph
(2) or otherwise provided by law, each member of a uniformed service who
is entitled to basic pay is entitled to a basic allowance for
subsistence as set forth in this section.
``(2) An enlisted member is not entitled to the basic allowance for
subsistence during basic training.
``(b) Rates of Allowance Based on Food Costs.--(1) The monthly rate
of basic allowance for subsistence to be in effect for an enlisted
member for a year (beginning on January 1 of that year) shall be the
amount that is halfway between the following
[[Page 111 STAT. 1772]]
amounts, which 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 to be in
effect for an officer for a year (beginning on January 1 of that 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) Advance Payment.--The allowance to an enlisted member may be
paid in advance for a period of not more than three months.
``(d) Special Rule for Members Authorized to Mess Separately.--(1)
In areas prescribed by the Secretary of Defense, and the Secretary of
Transportation with respect to the Coast Guard when it is not operating
as a service in the Navy, an enlisted member described in paragraph (2)
is entitled to not more than the pro rata allowance established under
subsection (b)(1) for each meal the member buys from a source other than
a messing facility of the United States.
``(2) An enlisted member referred to in paragraph (1) is a member
who is granted permission to mess separately and whose duties require
the member to buy at least one meal from a source other than a messing
facility of the United States.
``(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.
``(f) Regulations.--(1) The Secretary of Defense shall prescribe
regulations for the administration of this section. Before prescribing
the regulations, the Secretary shall consult with each Secretary
concerned.
``(2) The regulations shall include the specific rates of basic
allowance for subsistence required by subsection (b).''.
(b) Conforming Amendments.--(1) 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.
(2) Section 6081(a) of title 10, United States Code, is amended by
striking out ``Except'' and all that follows through ``subsistence,
each'' and inserting in lieu thereof ``Each''.
(c) <<NOTE: 37 USC 402 note.>> Transitional Authority To Provide
Basic Allowance for Subsistence.--
(1) Transitional authority.--Notwithstanding section 402 of
title 37, United States Code, as amended by subsection (a),
during the period beginning on January 1, 1998, and ending on
the date determined under paragraph (2)--
(A) the basic allowance for subsistence shall not be
paid under such section 402;
[[Page 111 STAT. 1773]]
(B) a member of the uniformed services is entitled
to the basic allowance for subsistence only as provided
in subsection (d);
(C) an enlisted member of the uniformed services may
be paid a partial basic allowance for subsistence as
provided in subsection (e); and
(D) the rates of the basic allowance for subsistence
are those rates determined under subsection (f).
(2) Termination of transitional authority.--The transitional
authority provided under paragraph (1) shall terminate 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 (f)(2), is equal to or is exceeded
by the amount that, except for paragraph (1)(A), 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 amended by subsection (a).
(d) <<NOTE: 37 USC 402 note.>> Transitional Entitlement to
Allowance.--
(1) Enlisted members.--
(A) Types of entitlement.--An enlisted member is
entitled to the basic allowance for subsistence, on a
daily basis, of under one or more of the following
circumstances:
(i) When rations in kind are not available.
(ii) When permission to mess separately is
granted.
(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 the member's
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.
(e) <<NOTE: 37 USC 402 note.>> Transitional Authority for Partial
Allowance.--
[[Page 111 STAT. 1774]]
(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 calculated
on a daily basis and paid on a monthly basis.
(f) <<NOTE: 37 USC 402 note.>> Transitional Rates.--
(1) Allowance for officers.--The monthly rate of basic
allowance for subsistence for a year (beginning on January 1 of
that year) that is payable to officers of the uniformed services
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) Allowance for enlisted member with permission to mess
separately.--The monthly rate of basic allowance for subsistence
for a year (beginning on January 1 of that year) that is payable
to an enlisted member of the uniformed services entitled to the
allowance under subsection (d)(1) shall be 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.
(3) Partial allowance for other enlisted members.--The
monthly rate of any partial basic allowance for subsistence for
a year (beginning on January 1 of that year) payable to an
enlisted member of the uniformed services eligible for the
allowance under the regulations prescribed under subsection
(e)(1) shall be the amount equal to the lesser of the following:
(A) The sum of--
(i) the partial basic allowance for
subsistence in effect for the preceding year; and
(ii) the amount equal to the difference, if
any, between--
(I) the monthly equivalent of the
rate of basic allowance for subsistence
that was in effect for the preceding
year for members of the uniformed
services above grade E-1 (when
permission to mess separately is
granted), increased by the same
percentage by which the rates of basic
pay for members of the uniformed
services is increased for the current
year; and
(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
members of the uniformed services above
grade E-1 (when permission to mess
separately is granted),
with the amount so determined under this clause
multiplied by the number of members estimated to
be entitled to receive basic allowance for
subsistence
[[Page 111 STAT. 1775]]
under subsection (d) for the current year and then
divided by the number of members estimated to be
eligible for the partial allowance under the
regulations prescribed under subsection (e)(1) for
that year.
(B) The amount equal to the difference between--
(i) the amount that, except for subsection
(c)(1)(A), 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; and
(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.
(g) <<NOTE: 37 USC 402 note.>> Effective Date.--This section and
the amendments made by this section shall take effect on January 1,
1998.
SEC. 603. CONSOLIDATION OF BASIC ALLOWANCE FOR QUARTERS, VARIABLE
HOUSING ALLOWANCE, AND OVERSEAS HOUSING ALLOWANCES.
(a) Consolidation of Allowances.--Section 403 of title 37, United
States Code, is amended to read as follows:
``Sec. 403. Basic allowance for housing
``(a) General Entitlement.--(1) Except as otherwise provided by law,
a member of a uniformed service who is entitled to basic pay is entitled
to a basic allowance for housing at the monthly rates prescribed under
this section or another provision of law with regard to the applicable
component of the basic allowance for housing. The amount of the basic
allowance for housing for a member will vary according to the pay grade
in which the member is assigned or distributed for basic pay purposes,
the dependency status of the member, and the geographic location of the
member. The basic allowance for housing may be paid in advance.
``(2) A member of a uniformed service with dependents is not
entitled to a basic allowance for housing as a member with dependents
unless the member makes a certification to the Secretary concerned
indicating the status of each dependent of the member. The certification
shall be made in accordance with regulations prescribed by the Secretary
of Defense.
``(b) Basic Allowance for Housing Inside the United States.--(1) The
Secretary of Defense shall determine the costs of adequate housing in a
military housing area in the United States for all members of the
uniformed services entitled to a basic allowance for housing in that
area. The Secretary shall base the determination upon the costs of
adequate housing for civilians with comparable income levels in the same
area.
``(2) Subject to paragraph (3), the monthly amount of a basic
allowance for housing for an area of the United States for a member of a
uniformed service is equal to the difference between--
``(A) the monthly cost of adequate housing in that area, as
determined by the Secretary of Defense, for members of the
uniformed services serving in the same pay grade and with the
same dependency status as the member; and
``(B) 15 percent of the national average monthly cost of
adequate housing in the United States, as determined by the
Secretary, for members of the uniformed services serving in
[[Page 111 STAT. 1776]]
the same pay grade and with the same dependency status as the
member.
``(3) The rates of basic allowance for housing shall be reduced as
necessary to comply with this paragraph. The total amount that may be
paid for a fiscal year for the basic allowance for housing under this
subsection is the product of--
``(A) the total amount authorized to be paid for such
allowance for the preceding fiscal year (as adjusted under
paragraph (5)); and
``(B) a fraction--
``(i) the numerator of which is the index of the
national average monthly cost of housing for June of the
preceding fiscal year; and
``(ii) the denominator of which is the index of the
national average monthly cost of housing for June of the
fiscal year before the preceding fiscal year.
``(4) An adjustment in the rates of the basic allowance for housing
under this subsection as a result of the Secretary's redetermination of
housing costs in an area shall take effect on the same date as the
effective date of the next increase in basic pay under section 1009 of
this title or other provision of law.
``(5) In making a determination under paragraph (3) for a fiscal
year, the amount authorized to be paid for the preceding fiscal year for
the basic allowance for housing shall be adjusted to reflect changes
during the year for which the determination is made in the number, grade
distribution, geographic distribution in the United States, and
dependency status of members of the uniformed services entitled to the
allowance from the number of such members during the preceding fiscal
year.
``(6) So long as a member of a uniformed service retains
uninterrupted eligibility to receive a basic allowance for housing
within an area of the United States, the monthly amount of the allowance
for the member may not be reduced as a result of changes in housing
costs in the area, changes in the national average monthly cost of
housing, or the promotion of the member.
``(7) In the case of a member without dependents who is assigned to
duty inside the United States, the location or the circumstances of
which make it necessary that the member be reassigned under the
conditions of low-cost or no-cost permanent change of station or
permanent change of assignment, the member may be treated as if the
member were not reassigned if the Secretary concerned determines that it
would be inequitable to base the member's entitlement to, and amount of,
a basic allowance for housing on the cost of housing in the area to
which the member is reassigned.
``(c) Basic Allowance for Housing Outside the United States.--(1)
The Secretary of Defense may prescribe an overseas basic allowance for
housing for a member of a uniformed service who is on duty outside of
the United States. The Secretary shall establish the basic allowance for
housing under this subsection on the basis of housing costs in the
overseas area in which the member is assigned.
``(2) So long as a member of a uniformed service retains
uninterrupted eligibility to receive a basic allowance for housing in an
overseas area and the actual monthly cost of housing for the member is
not reduced, the monthly amount of the allowance in an area outside the
United States may not be reduced as a result
[[Page 111 STAT. 1777]]
of changes in housing costs in the area or the promotion of the member.
The monthly amount of the allowance may be adjusted to reflect changes
in currency rates.
``(d) Basic Allowance for Housing When Dependents Are Unable To
Accompany Member.--(1) A member of a uniformed service with dependents
who is on permanent duty at a location described in paragraph (2) is
entitled to a family separation basic allowance for housing under this
subsection at a monthly rate equal to the rate of the basic allowance
for housing established under subsection (b) or the overseas basic
allowance for housing established under subsection (c), whichever
applies to that location, for members in the same grade at that location
without dependents.
``(2) A permanent duty location referred to in paragraph (1) is a
location--
``(A) to which the movement of the member's dependents is
not authorized at the expense of the United States under section
406 of this title, and the member's dependents do not reside at
or near the location; and
``(B) at which quarters of the United States are not
available for assignment to the member.
``(3) In the case of a member with dependents who is assigned to
duty at a location or under circumstances that, as determined by the
Secretary concerned, require the member's dependents to reside at a
different location, the member shall receive a basic allowance for
housing, as provided in subsection (a) or (b), as if the member were
assigned to duty in the area in which the dependents reside, regardless
of whether the member resides in quarters of the United States or is
also entitled to a family separation basic allowance for housing by
reason of paragraph (1).
``(4) The family separation basic allowance for housing under this
subsection shall be in addition to any other allowance or per diem that
the member is otherwise entitled to receive under this title. A member
may receive a basic allowance for housing under both paragraphs (1) and
(3).
``(e) Effect of Assignment to Quarters.--(1) Except as otherwise
provided by law, a member of a uniformed service who is assigned to
quarters of the United States or a housing facility under the
jurisdiction of a uniformed service appropriate to the grade, rank, or
rating of the member and adequate for the member and dependents of the
member, if with dependents, is not entitled to a basic allowance for
housing.
``(2) A member without dependents who is in a pay grade above pay
grade E-6 and who is assigned to quarters in the United States or a
housing facility under the jurisdiction of a uniformed service,
appropriate to the grade or rank of the member and adequate for the
member, may elect not to occupy those quarters and instead to receive
the basic allowance for housing prescribed for the member's pay grade by
this section.
``(3) A member without dependents who is in pay grade E-6 and who is
assigned to quarters of the United States that do not meet the minimum
adequacy standards established by the Secretary of Defense for members
in such pay grade, or to a housing facility under the jurisdiction of a
uniformed service that does not meet such standards, may elect not to
occupy such quarters or facility and instead to receive the basic
allowance for housing prescribed for the member's pay grade under this
section.
[[Page 111 STAT. 1778]]
``(4) The Secretary concerned may deny the right to make an election
under paragraph (2) or (3) if the Secretary determines that the exercise
of such an election would adversely affect a training mission, military
discipline, or military readiness.
``(5) A member with dependents who is assigned to quarters of the
United States or a housing facility under the jurisdiction of a
uniformed service may be paid the basic allowance for housing if,
because of orders of competent authority, the dependents are prevented
from occupying those quarters.
``(f) Ineligibility During Initial Field Duty or Sea Duty.--(1) A
member of a uniformed service without dependents who makes a permanent
change of station for assignment to a unit conducting field operations
is not entitled to a basic allowance for housing while on that initial
field duty unless the commanding officer of the member certifies that
the member was necessarily required to procure quarters at the member's
expense.
``(2)(A) Except as provided in subparagraphs (B) and (C), a member
of a uniformed service without dependents who is in a pay grade below
pay grade E-6 is not entitled to a basic allowance for housing while the
member is on sea duty.
``(B) Under regulations presc <<NOTE: Regulations.>> ribed by the
Secretary concerned, the Secretary may authorize the payment of a basic
allowance for housing to a member of a uniformed service without
dependents who is serving in pay grade E-5 and is assigned to sea duty.
In prescribing regulations under this subparagraph, the Secretary
concerned shall consider the availability of quarters for members
serving in pay grade E-5.
``(C) Notwithstanding section 421 of this title, two members of the
uniformed services in a pay grade below pay grade E-6 who are married to
each other, have no other dependents, and are simultaneously assigned to
sea duty are jointly entitled to one basic allowance for housing during
the period of such simultaneous sea duty. The amount of the allowance
shall be based on the without dependents rate for the pay grade of the
senior member of the couple. However, this subparagraph shall not apply
to a couple if one or both of the members are entitled to a basic
allowance for housing under subparagraph (B).
``(3) The Secretary of Defense, and the Secretary of Transportation
with respect to the Coast Guard when it is not operating as a service in
the Department of the Navy, shall prescribe regulation defining the
terms `field duty' and `sea duty' for purposes of this section.
``(g) Reserve Members.--(1) A member of a reserve component without
dependents who is called or ordered to active duty in support of a
contingency operation, or a retired member without dependents who is
ordered to active duty under section 688(a) of title 10 in support of a
contingency operation, may not be denied a basic allowance for housing
if, because of that call or order, the member is unable to continue to
occupy a residence--
``(A) which is maintained as the primary residence of the
member at the time of the call or order; and
``(B) which is owned by the member or for which the member
is responsible for rental payments.
``(2) Paragraph (1) shall not apply if the member is authorized
transportation of household goods under section 406 of this title as
part of the call or order to active duty described in such paragraph.
[[Page 111 STAT. 1779]]
``(3) The Secretary of Defense shall establish a rate of basic
allowance for housing to be paid to a member of a reserve component
while the member serves on active duty under a call or order to active
duty specifying a period of less than 140 days, unless the call or order
to active duty is in support of a contingency operation.
``(h) Rental of Public Quarters.--Notwithstanding any other law
(including those restricting the occupancy of housing facilities under
the jurisdiction of a department or agency of the United States by
members, and their dependents, of the armed forces above specified
grades, or by members, and their dependents, of the National Oceanic and
Atmospheric Administration and the Public Health Service), a member of a
uniformed service, and the dependents of the member, may be accepted as
tenants in, and may occupy on a rental basis, any of those housing
facilities, other than public quarters constructed or designated for
assignment to an occupancy without charge by such a member and the
dependents of the member, if any. Such a member may not, because of
occupancy under this subsection, be deprived of any money allowance to
which the member is otherwise entitled for the rental of quarters.
``(i) Temporary Housing Allowance While in Travel or Leave Status.--
A member of a uniformed service who is in a pay grade E-4 (4 or more
years of service) or above is entitled to a temporary basic allowance
for housing (at a rate determined by the Secretary of Defense) 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.
``(j) Aviation Cadets.--The eligibility of an aviation cadet of the
Navy, Air Force, Marine Corps, or Coast Guard for a basic allowance for
housing shall be determined as if the aviation cadet were a member of
the uniformed services in pay grade E-4.
``(k) <<NOTE: Regulations.>> Administration.--(1) The Secretary of
Defense shall prescribe regulations for the administration of this
section.
``(2) The Secretary concerned may make such determinations as may be
necessary to administer this section, including determinations of
dependency and relationship. When warranted by the circumstances, the
Secretary concerned may reconsider and change or modify any such
determination. The authority of the Secretary concerned under this
subsection may be delegated. Any determination made under this section
with regard to a member of the uniformed services is final and is not
subject to review by any accounting officer of the United States or a
court, unless there is fraud or gross negligence.
``(3) Parking facilities (including utility connections) provided
members of the uniformed services for house trailers and mobile homes
not owned by the Government shall not be considered to be quarters for
the purposes of this section or any other provision of law. Any fees
established by the Government for the use of such a facility shall be
established in an amount sufficient to cover the cost of maintenance,
services, and utilities and to amortize the cost of construction of the
facility over the 25-year period beginning with the completion of such
construction.
``(l) Temporary Continuation of Allowance for Dependents of Members
Dying on Active Duty.--(1) The Secretary of Defense, or the Secretary of
Transportation in the case of the Coast Guard when not operating as a
service in the Navy, may
[[Page 111 STAT. 1780]]
allow the dependents of a member of the armed forces who dies on active
duty and whose dependents are occupying family housing provided by the
Department of Defense, or by the Department of Transportation in the
case of the Coast Guard, other than on a rental basis on the date of the
member's death to continue to occupy such housing without charge for a
period of 180 days.
``(2) The Secretary concerned may pay a basic allowance for housing
(at 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) to the dependents of a member of the uniformed
services who dies while on active duty and whose dependents--
``(A) are not occupying a housing facility under the
jurisdiction of a uniformed service on the date of the member's
death;
``(B) are occupying such housing on a rental basis on such
date; or
``(C) vacate such housing sooner than 180 days after the
date of the member's death.
``(3) <<NOTE: Termination date.>> The payment of the allowance
under paragraph (2) shall terminate 180 days after the date of the
member's death.
``(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 assigned to sea duty, and elects not to
occupy assigned quarters for unaccompanied personnel, unless the
member is in a pay grade above E-4.
``(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, 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 (n).
``(3) The basic allowance for housing differential to which a member
is entitled under paragraph (2) is the amount equal to the difference
between--
``(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 this section (as in effect on
that date); and
``(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 this section (as in effect on
that date).
``(4) Whenever the rates of basic pay for members of the uniformed
services are increased, the monthly amount of the basic allowance for
housing differential computed under paragraph (3) shall be increased by
the average percentage increase in the rates of basic pay. The effective
date of the increase shall be the same date as the effective date of the
increase in the rates of basic pay.
[[Page 111 STAT. 1781]]
``(5) In the case of two members, who have one or more common
dependents (and no others), who are not married to each other, and one
of whom pays child support to the other, the amount of the basic
allowance for housing paid to each member under this section shall be
reduced in accordance with regulations prescribed by the Secretary of
Defense. The total amount of the basic allowances for housing paid to
the two members may not exceed the sum of the amounts of the allowance
to which each member would be otherwise entitled under this section.
``(n) Partial Allowance for Members Without Dependents.--(1) A
member of a uniformed service without dependents who is not entitled to
receive a basic allowance for housing under subsection (b), (c), or (d)
is entitled to a partial basic allowance for housing at a rate
determined by the Secretary of Defense under paragraph (2).
``(2) The rate of the partial basic allowance for housing is the
partial rate of the 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).''.
(b) <<NOTE: 37 USC 403 note.>> Transition to Basic Allowance for
Housing.--The Secretary of Defense shall develop and implement a plan to
incrementally manage the rate of growth of the various components of the
basic allowance for housing authorized by section 403 of title 37,
United States Code (as amended by subsection (a)), during a transition
period of not more than six years. During the transition period, the
Secretary may continue to use the authorities provided under sections
403, 403a, 405(b), and 427(a) of title 37, United States Code (as in
effect on the day before the date of the enactment of this Act), but
subject to such modifications as the Secretary considers necessary, to
provide allowances for members of the uniformed services.
(c) Repeal of Superseded Authorities.--(1) Section 403a of title 37,
United States Code, is repealed.
(2) Section 405 of such title is amended--
(A) by striking out subsection (b); and
(B) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
(3) Section 427 of such title is amended--
(A) by striking out subsection (a); and
(B) in subsection (b)--
(i) by striking out ``(b) Additional Separation
Allowance.--'' and inserting in lieu thereof ``(a)
Entitlement to Allowance.--'';
(ii) in paragraph (1)--
(I) by striking out ``, including subsection
(a),'' in the matter preceding the subparagraphs;
(II) by inserting ``or'' at the end of
subparagraph (B);
(III) by striking out ``; or'' at the end of
subparagraph (C) and inserting in lieu thereof a
period; and
(IV) by striking out subparagraph (D);
(iii) in paragraph (3)--
(I) by striking out ``(3) An allowance'' and
inserting in lieu thereof ``(b) Entitlement When
No Residence or Household Maintained for
Dependents.--An allowance''; and
[[Page 111 STAT. 1782]]
(II) by striking out ``this subsection'' and
inserting in lieu thereof ``subsection (a)'';
(iv) in paragraph (4)--
(I) by striking out ``(4) A member'' and
inserting in lieu thereof ``(c) Effect of Election
to Serve Unaccompanied Tour of Duty.--A member'';
and
(II) by striking out ``paragraph (1)(A) of
this subsection'' and inserting in lieu thereof
``subsection (a)(1)(A)''; and
(v) by striking out paragraph (5) and inserting in
lieu thereof the following new subsection:
``(d) Entitlement While Spouse Entitled to Basic Pay.--A member
married to another member of the uniformed services becomes entitled,
regardless of any other dependency status, to an allowance under
subsection (a) by virtue of duty prescribed in subparagraph (A), (B), or
(C) of paragraph (1) of such subsection if the members were residing
together immediately before being separated by reasons of execution of
military orders. Section 421 of this title does not apply to bar the
entitlement to an allowance under this section. However, not more than
one monthly allowance may be paid with respect to a married couple under
this section.''.
(4) 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
sections 403 and 403a and inserting in lieu thereof the following new
item:
``403. Basic allowance for housing.''.
(d) Conforming Amendments.--(1) Title 37, United States Code, is
amended--
(A) in section 101(25), by striking out ``basic allowance
for quarters (including any variable housing allowance or
station housing allowance)'' and inserting in lieu thereof
``basic allowance for housing'';
(B) in section 406(c), by striking out ``sections 404 and
405'' and inserting in lieu thereof ``sections 403(c), 404, and
405'';
(C) in section 420(c), by striking out ``quarters'' and
inserting in lieu thereof ``housing'';
(D) in section 551(3)(D), by striking out ``basic allowance
for quarters'' and inserting in lieu thereof ``basic allowance
for housing''; and
(E) in section 1014(a), by striking out ``basic allowance
for quarters'' and inserting in lieu thereof ``basic allowance
for housing''.
(2) Title 10, United States Code, is amended--
(A) in section 708(c)(1), by striking out ``basic allowance
for quarters or basic allowance for subsistence'' and inserting
in lieu thereof ``basic allowance for housing under section 403
of title 37, basic allowance for subsistence under section 402
of such title,'';
(B) in section 2830(a)--
(i) in paragraph (1), by striking out ``basic
allowance for quarters'' and inserting in lieu thereof
``basic allowance for housing under section 403 of title
37''; and
(ii) in paragraph (2), by striking out ``basic
allowance for quarters'' and inserting in lieu thereof
``basic allowance for housing'';
[[Page 111 STAT. 1783]]
(C) in section 2882(b)--
(i) in paragraph (1), by striking out ``section
403(b)'' and inserting in lieu thereof ``section 403'';
and
(ii) in paragraph (2), by striking out ``basic
allowance for quarters'' and all that follows through
the end of the paragraph and inserting in lieu thereof
``basic allowance for housing under section 403 of title
37.'';
(D) in section 7572(b)--
(i) in paragraph (1), by striking out ``the total
of--'' and all that follows through the end of the
paragraph and inserting in lieu thereof ``the basic
allowance for housing payable under section 403 of title
37 to a member of the same pay grade without dependents
for the period during which the member is deprived of
quarters on board ship.''; and
(ii) in paragraph (2), by striking out ``basic
allowance for quarters'' and inserting in lieu thereof
``basic allowance for housing''; and
(E) in section 7573, by striking out ``basic allowance for
quarters'' and inserting in lieu thereof ``basic allowance for
housing under section 403 of title 37''.
(3) Section 5561(6)(D) of title 5, United States Code, is amended by
striking out ``basic allowance for quarters'' and inserting in lieu
thereof ``basic allowance for housing''.
(4) Section 107(b) of title 32, United States Code, is amended by
striking out ``and quarters'' and inserting in lieu thereof ``and
housing''.
(5) Section 4(k)(10) of the Military Selective Service Act (50
U.S.C. App. 454(k)(10)) is amended by striking out ``as such terms'' and
all that follows through ``extended or amended'' and inserting in lieu
thereof ``shall be entitled to receive a dependency allowance equal to
the basic allowance for housing provided for persons in pay grade E-1
under section 403 of title 37, United States Code,''.
(e) <<NOTE: 5 USC 5561 note.>> Effective Date.--This section and
the amendments made by this section shall take effect on January 1,
1998.
SEC. 604. REVISION OF AUTHORITY TO ADJUST COMPENSATION NECESSITATED BY
REFORM OF SUBSISTENCE AND HOUSING ALLOWANCES.
(a) Removal of References to BAS and BAQ.--(1) Section 1009 of title
37, United States Code, is amended to read as follows:
``Sec. 1009. Adjustments of monthly basic pay <<NOTE: President.>>
``(a) Adjustment Required.--Whenever the General Schedule of
compensation for Federal classified employees, as contained in section
5332 of title 5, is adjusted upward as provided in section 5303 of such
title, 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
[[Page 111 STAT. 1784]]
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 both basic pay and locality 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 the authority of the President under subsection (d) with
respect to any anticipated increase in the monthly basic pay of members
of the uniformed services, the President shall advise Congress, at the
earliest practicable time prior to the effective date of such increase,
regarding the proposed allocation of such increase.
``(f) Quadrennial Assessment of Allocations.--The allocations of
increases made under this section shall be assessed in conjunction with
the quadrennial review of military compensation required by section
1008(b) of this title.''.
(2) 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) <<NOTE: 37 USC 109 note.>> Effective Date.--The amendments made
by subsection (a) shall take effect on January 1, 1998.
SEC. 605. PROTECTION OF TOTAL COMPENSATION OF MEMBERS WHILE PERFORMING
CERTAIN DUTY.
Section 1009 of title 37, United States Code, as amended by section
604, is further amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection:
``(f) Protection of Member's Total Compensation While Performing
Certain Duty.--(1) The total daily equivalent amount of the elements of
compensation described in paragraph (3), together with other pay and
allowances under this title, to be paid to a member of the uniformed
services who is temporarily assigned to duty away from the member's
permanent duty station or to duty under field conditions at the member's
permanent duty station shall not be less, for any day during the
assignment period, than the total amount, for the day immediately
preceding the date of
[[Page 111 STAT. 1785]]
the assignment, of the elements of compensation and other pay and
allowances of the member.
``(2) Paragraph (1) shall not apply with respect to an element of
compensation or other pay or allowance of a member during an assignment
described in such paragraph to the extent that the element of
compensation or other pay or allowance is reduced or terminated due to
circumstances unrelated to the assignment.
``(3) The elements of compensation referred to in this subsection
mean--
``(A) the monthly basic pay authorized members of the
uniformed services by section 203(a) of this title;
``(B) the basic allowance for subsistence authorized members
of the uniformed services by section 402 of this title; and
``(C) the basic allowance for housing authorized members of
the uniformed services by section 403 of this title.''.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY
AUTHORITIES FOR RESERVE FORCES.
(a) Special Pay for Health Professionals in Critically Short Wartime
Specialties.--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(f) of title 37,
United States Code, as redesignated by section 622, 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''.
[[Page 111 STAT. 1786]]
SEC. 612. 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. 613. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF OTHER
BONUSES AND SPECIAL PAYS.
(a) Aviation Officer Retention Bonus.--Section 301b(a) of title 37,
United States Code, is amended by striking out ``September 30, 1998,''
and inserting in lieu thereof ``September 30, 1999,''.
(b) 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''.
(c) Enlistment Bonuses for Members With 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''.
(d) 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''.
(e) 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''.
(f) 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. 614. INCREASE IN MINIMUM MONTHLY RATE OF HAZARDOUS DUTY INCENTIVE
PAY FOR CERTAIN MEMBERS.
(a) Aerial Flight Crewmembers.--The table in subsection (b) of
section 301 of title 37, United States Code, is amended--
(1) by striking out ``110'' each place it appears and
inserting in lieu thereof ``150''; and
(2) by striking out ``125'' each place it appears and
inserting in lieu thereof ``150''.
(b) Air Weapons Controller Aircrew.--The table in subsection
(c)(2)(A) of such section is amended--
(1) by striking out ``100'' in the first column of amounts
and inserting in lieu thereof ``150'';
(2) by striking out ``110'' in the last column of amounts
and inserting in lieu thereof ``150''; and
(3) by striking out ``125'' each place it appears and
inserting in lieu thereof ``150''.
[[Page 111 STAT. 1787]]
(c) Other Members.--Subsection (c)(1) of such section is amended--
(1) by striking out ``$110'' and inserting in lieu thereof
``$150''; and
(2) by striking out ``$165'' and inserting in lieu thereof
``$225''.
SEC. 615. INCREASE IN AVIATION CAREER INCENTIVE PAY.
(a) Amounts.--The table in subsection (b)(1) of section 301a 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 officrate......................................
``Over 22................................................. $585
``Over 23................................................. 495
``Over 24................................................. 385
``Over 25.................................................250''.
(b) Conforming Amendments.--Such subsection is further amended in
the matter after the table by striking out ``18 years'' both places it
appears and inserting in lieu thereof ``22 years''.
(c) <<NOTE: 37 USC 301a note.>> Effective Date and Applicability.--
The amendments made by subsection (a) shall take effect on January 1,
1999, and shall apply with respect to months beginning on or after that
date.
SEC. 616. MODIFICATION OF AVIATION OFFICER RETENTION BONUS.
(a) Increase in Bonus Amounts.--Subsection (c) of section 301b of
title 37, United States Code, 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''.
(b) Duration of Agreement.--Paragraph (2) of such subsection is
further amended by striking out ``one or two years'' and inserting in
lieu thereof ``one, two, or three years''.
(c) 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 ``; and'' at the end of subparagraph (B)
and inserting in lieu thereof a period; and
(3) by striking out subparagraph (C).
(d) Definition of Aviation Specialty.--Subsection (j)(2) of such
section is amended by inserting ``specific'' before ``community'' both
places it appears.
(e) <<NOTE: 37 USC 301b note.>> Effective Dates and Applicability.--
The amendments made by this section shall take effect as of October 1,
1996, and shall apply with respect to agreements accepted under section
301b of title 37, United States Code, on or after that date.
[[Page 111 STAT. 1788]]
SEC. 617. AVAILABILITY OF MULTIYEAR RETENTION BONUS FOR DENTAL OFFICERS.
(a) Availability of Retention Bonus.--Chapter 5 of title 37, United
States Code, is amended by inserting after section 301d the following
new section:
``Sec. 301e. Multiyear retention bonus: dental officers of the armed
forces
``(a) Bonus Authorized.--(1) A dental officer described in
subsection (b) who executes a written agreement to remain on active duty
for two, three, or four years after completion of any other active-duty
service commitment may, upon acceptance of the written agreement by the
Secretary of the military department concerned, be paid a retention
bonus as provided in this section.
``(2) The amount of a retention bonus under paragraph (1) may not
exceed $14,000 for each year covered by a four-year agreement. The
maximum yearly retention bonus for two-year and three-year agreements
shall be reduced to reflect the shorter service commitment.
``(b) <<NOTE: Applicability.>> Officers Automatically Eligible.--
Subsection (a) applies to an officer of the armed forces who--
``(1) is an officer of the Dental Corps of the Army or the
Navy or an officer of the Air Force designated as a dental
officer;
``(2) has a dental specialty in oral and maxillofacial
surgery;
``(3) is in a pay grade below pay grade O-7;
``(4) has at least eight years of creditable service
(computed as described in section 302b(g) of this title) or has
completed any active-duty service commitment incurred for dental
education and training; and
``(5) has completed initial residency training (or will
complete such training before September 30 of the fiscal year in
which the officer enters into an agreement under subsection
(a)).
``(c) Extension of Bonus to Other Dental Officers.--At the
discretion of the Secretary of the military department concerned, the
Secretary may enter into a written agreement described in subsection
(a)(1) with a dental officer who does not have the dental specialty
specified in subsection (b)(2), and pay a retention bonus to such an
officer as provided in this section, if the officer otherwise satisfies
the eligibility requirements specified in subsection (b). The
Secretaries shall exercise the authority provided in this section in a
manner consistent with regulations prescribed by the Secretary of
Defense.
``(d) Refunds.--(1) Refunds shall be required, on a pro rata basis,
of sums paid under this section if the officer who has received the
payment fails to complete the total period of active duty specified in
the agreement, as conditions and circumstances warrant.
``(2) An obligation to reimburse the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States.
``(3) A discharge in bankruptcy under title 11, United States Code,
that is entered less than five years after the termination of an
agreement under this section does not discharge the member signing such
agreement from a debt arising under such agreement
[[Page 111 STAT. 1789]]
or under paragraph (1). <<NOTE: Applicability.>> This paragraph applies
to any case commenced under title 11 after the date of the enactment of
the National Defense Authorization Act for Fiscal Year 1998.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
301d the following new item:
``301e. Multiyear retention bonus: dental officers of the armed
forces.''.
SEC. 618. INCREASE IN VARIABLE AND ADDITIONAL SPECIAL PAYS FOR CERTAIN
DENTAL OFFICERS.
(a) Variable Special Pay for Junior Officers.--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 new subparagraphs:
``(C) $7,000 per year, if the officer has at least six but
less than eight years of creditable service.
``(D) $12,000 per year, if the officer has at least eight
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, if the officer has 18 or more years
of creditable service.''.
(b) Variable Special Pay for Senior Officers.--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 by striking out subparagraphs (B), (C), and (D) and inserting in
lieu thereof the following new subparagraphs:
``(B) $6,000 per year, if the officer has at least three but
less than 10 years of creditable service.
``(C) $15,000 per year, if the officer has 10 or more years
of creditable service.''.
SEC. 619. AVAILABILITY OF SPECIAL PAY FOR DUTY AT DESIGNATED HARDSHIP
DUTY LOCATIONS.
(a) Special Pay Authorized.--Subsection (a) of section 305 of title
37, United States Code, is amended to read as follows:
``(a) Special Pay Authorized.--A member of a uniformed service who
is entitled to basic pay may be paid special pay under this section at a
monthly rate not to exceed $300 while the member is on duty at a
location in the United States or outside the United States designated by
the Secretary of Defense as a hardship duty location.''.
(b) Cross References and Regulations.--Such section is further
amended--
(1) in subsection (b)--
(A) by inserting ``Exception for Certain Members
Serving in Certain Locations.--'' after ``(b)''; and
(B) by striking out ``as foreign duty pay'' and
inserting in lieu thereof ``as hardship duty location
pay'';
(2) in subsection (c)--
(A) by inserting ``Exception for Members Receiving
Career Sea Pay.--'' after ``(c)''; and
[[Page 111 STAT. 1790]]
(B) by striking out ``special pay under this
section'' and inserting in lieu thereof ``hardship duty
location pay under subsection (a)''; and
(3) by adding at the end the following new subsection:
``(d) Regulations.--The Secretary of Defense shall prescribe
regulations for the provision of hardship duty location pay under
subsection (a), including the specific monthly rates at which the
special pay will be available.''.
(c) Clerical Amendments.--(1) The heading of such section is amended
to read as follows:
``Sec. 305. Special pay: hardship duty location pay''.
(2) The table of sections at the beginning of chapter 5 of title 37,
United States Code, is amended by striking out the item relating to
section 305 and inserting in lieu thereof the following new item:
``305. Special pay: hardship duty location pay.''.
(d) Conforming Amendment.--Section 907(d) of title 37, United States
Code, is amended by striking out ``duty at certain places'' and
inserting in lieu thereof ``duty at a hardship duty location''.
(e) <<NOTE: 37 USC 305 note.>> Transition.--Until such time as the
Secretary of Defense prescribes regulations regarding the provision of
hardship duty location pay under section 305 of title 37, United States
Code, as amended by this section, the Secretary may continue to use the
authority provided by such section 305, as in effect on the day before
the date of the enactment of this Act, to provide special pay to
enlisted members of the uniformed services on duty at certain places.
SEC. 620. DEFINITION OF SEA DUTY FOR PURPOSES OF CAREER SEA PAY.
Section 305a(d) of title 37, United States Code, is amended--
(1) in paragraph (1)(A), by striking out ``, ship-based
staff, or ship-based aviation unit'';
(2) in paragraph (1)(B), by striking out ``or ship-based
staff'';
(3) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(4) by inserting after paragraph (1) the following new
paragraph:
``(2) The Secretary concerned may designate duty performed by a
member while serving on a ship the primary mission of which is
accomplished either while under way or in port as `sea duty' for
purposes of this section, even though the duty is performed while the
member is permanently or temporarily assigned to a ship-based staff or
other unit not covered by paragraph (1).''.
SEC. 621. MODIFICATION OF SELECTED RESERVE REENLISTMENT BONUS.
(a) Eligible Members.--Subsection (a)(1) of section 308b of title
37, United States Code, is amended by striking out ``ten years'' and
inserting in lieu thereof ``14 years''.
(b) Bonus Amounts; Payment.--Subsection (b) of such section is
amended to read as follows:
``(b) Bonus Amounts; Payment.--(1) The amount of a bonus under this
section may not exceed--
[[Page 111 STAT. 1791]]
``(A) $5,000, in the case of a member who reenlists or
extends an enlistment for a period of six years;
``(B) $2,500, in the case of a member who, having never
received a bonus under this section, reenlists or extends an
enlistment for a period of three years; and
``(C) $2,000, in the case of a member who, having received a
bonus under this section for a previous three-year reenlistment
or extension of an enlistment, reenlists or extends the
enlistment for an additional period of three years.
``(2) 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.''.
(c) Special Eligibility Requirements; Number of Individual
Bonuses.--Subsection (c) of such section is amended to read as follows:
``(c) Condition on Eligibility; Limitation on Number of Bonuses.--
(1) To be eligible for a second bonus under this section in the amount
specified in subsection (b)(1)(C), a member must--
``(A) enter into the subsequent reenlistment or extension of
an enlistment for a period of three years not later than the
date on which the enlistment or extension for which the first
bonus was paid would expire; and
``(B) still satisfy the designated skill or unit
requirements required under subsection (a)(2).
``(2) A member may not be paid more than one six-year bonus or two
three-year bonuses under this section.''.
(d) Effect of Failure To Serve Satisfactorily.--Subsection (d) of
such section is amended to read as follows:
``(d) Repayment of Bonus.--A member who receives a bonus under this
section and who fails, during the period for which the bonus was paid,
to serve satisfactorily in the element of the Selected Reserve of the
Ready Reserve with respect to which the bonus was paid shall refund to
the United States an amount that bears the same ratio to the amount of
the bonus paid to the member as the period that the member failed to
serve satisfactorily bears to the total period for which the bonus was
paid.''.
(e) Clerical Amendments.--Such section is further amended--
(1) in subsection (a), by inserting ``Authority and
Eligibility Requirements.--'' after ``(a)'';
(2) in subsection (e), by inserting ``Regulations.--'' after
``(e)''; and
(3) in subsection (f), by inserting ``Termination of
Authority.--'' after ``(f)''.
SEC. 622. MODIFICATION OF SELECTED RESERVE ENLISTMENT BONUS FOR FORMER
ENLISTED MEMBERS.
(a) Eligible Persons.--Subsection (a)(2) of section 308i of title
37, United States Code, is amended--
(1) in subparagraph (A), by striking out ``10 years'' and
inserting in lieu thereof ``14 years'';
(2) in subparagraph (C), by striking out ``and'';
(3) by redesignating subparagraph (D) as subparagraph (E);
[[Page 111 STAT. 1792]]
(4) in subparagraph (E) (as so redesignated), by inserting
``(except under this section)'' after ``bonus''; and
(5) by inserting after subparagraph (C) the following new
subparagraph:
``(D) is projected to occupy a position as a member of the
Selected Reserve in a specialty in which--
``(i) the person successfully served while a member
on active duty; and
``(ii) the person attained a level of qualification
while a member on active duty commensurate with the
grade and years of service of the member; and''.
(b) Bonus Amounts; Payment.--Subsection (b) of such section is
amended to read as follows:
``(b) Bonus Amounts; Payment.--(1) The amount of a bonus under this
section may not exceed--
``(A) $5,000, in the case of a person who enlists for a
period of six years;
``(B) $2,500, in the case of a person who, having never
received a bonus under this section, enlists for a period of
three years; and
``(C) $2,000, in the case of a person who, having received a
bonus under this section for a previous three-year enlistment,
reenlists or extends the enlistment for an additional period of
three years.
``(2) 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.''.
(c) Special Eligibility Requirements; Number of Individual
Bonuses.--Subsection (c) of such section is amended to read as follows:
``(c) Condition on Eligibility; Limitation on Number of Bonuses.--
(1) To be eligible for a second bonus under this section in the amount
specified in subsection (b)(1)(C), a person must--
``(A) enter into a reenlistment or extension of an
enlistment for a period of three years not later than the date
on which the enlistment for which the first bonus was paid would
expire; and
``(B) still satisfy the eligibility requirements under
subsection (a).
``(2) A person may not be paid more than one six-year bonus or two
three-year bonuses under this section.''.
(d) Reorganization of Section.--Such section is further amended--
(1) by redesignating subsections (e), (f), and (g) as
paragraphs (2), (3), and (4), respectively, of subsection (d);
and
(2) by redesignating subsections (h) and (i) as subsections
(e) and (f), respectively.
(e) Conforming and Clerical Amendments.--Such section is further
amended--
(1) in subsection (a), by inserting ``Authority and
Eligibility Requirements.--'' after ``(a)'';
(2) in subsection (d)--
(A) by inserting ``Repayment of Bonus.--(1)'' after
``(d)'';
[[Page 111 STAT. 1793]]
(B) in paragraphs (2) and (4), as redesignated by
subsection (d)(1), by striking out ``subsection (d)''
and inserting in lieu thereof ``paragraph (1)''; and
(C) in paragraph (3), as redesignated by subsection
(d)(1)--
(i) by striking out ``subsection (h)'' and
inserting in lieu thereof ``subsection (e)''; and
(ii) by striking out ``subsection (d)'' and
inserting in lieu thereof ``paragraph (1)'';
(3) in subsection (e), as redesignated by subsection (d)(2),
by inserting ``Regulations.--'' after ``(e)''; and
(4) in subsection (f), as redesignated by subsection (d)(2),
by inserting ``Termination of Authority.--'' after ``(f)''.
SEC. 623. EXPANSION OF RESERVE AFFILIATION BONUS TO INCLUDE COAST GUARD
RESERVE.
Section 308e of title 37, United States Code, is amended--
(1) in subsection (a), by striking out ``Under regulations
prescribed by the Secretary of Defense, the Secretary of a
military department'' and inserting in lieu thereof ``The
Secretary concerned'';
(2) in subsection (b)(3), by striking out ``designated by
the Secretary of Defense for the purposes of this section'' and
inserting in lieu thereof ``designated for purposes of this
section in the regulations prescribed under subsection (f)'';
(3) in subsection (c)(3), by striking out ``regulations
prescribed by the Secretary of Defense'' and inserting in lieu
thereof ``the regulations prescribed under subsection (f)''; and
(4) by adding at the end the following new subsections:
``(f) <<NOTE: Regulations.>> This section shall be administered
under regulations prescribed by the Secretary of Defense for the armed
forces under the jurisdiction of the Secretary of Defense and by the
Secretary of Transportation for the Coast Guard when the Coast Guard is
not operating as a service in the Navy.
``(g) The authority in subsection (a) does not apply to the
Secretary of Commerce and the Secretary of Health and Human Services.''.
SEC. 624. INCREASE IN SPECIAL PAY AND BONUSES FOR NUCLEAR-QUALIFIED
OFFICERS.
(a) Special Pay for Officers Extending Period of Active Service.--
Section 312(a) 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.--Section 312b(a)(1) 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) <<NOTE: 37 USC 312 note.>> Effective Date.--(1) The amendments
made by this section shall take effect as of October 1, 1997.
(2) <<NOTE: Applicability.>> The amendments made by subsections (a)
and (b) shall apply with respect to agreements accepted under sections
312(a) and 312b(a), respectively, of title 37, United States Code, on or
after October 1, 1997.
[[Page 111 STAT. 1794]]
SEC. 625. PROVISION OF BONUSES IN LIEU OF SPECIAL PAY FOR ENLISTED
MEMBERS EXTENDING TOURS OF DUTY AT DESIGNATED LOCATIONS
OVERSEAS.
(a) Inclusion of Bonus Incentive.--(1) Section 314 of title 37,
United States Code, is amended to read as follows:
``Sec. 314. Special pay or bonus: qualified enlisted members extending
duty at designated locations overseas
``(a) <<NOTE: Applicability.>> Covered Members.--This section
applies with respect to an enlisted member of an armed force who--
``(1) is entitled to basic pay;
``(2) has a specialty that is designated by the Secretary
concerned for the purposes of this section;
``(3) has completed a tour of duty (as defined in accordance
with regulations prescribed by the Secretary concerned) at a
location outside the 48 contiguous States and the District of
Columbia that is designated by the Secretary concerned for the
purposes of this section; and
``(4) at the end of that tour of duty executes an agreement
to extend that tour for a period of not less than one year.
``(b) Special Pay or Bonus Authorized.--Upon the acceptance by the
Secretary concerned of the agreement providing for an extension of the
tour of duty of an enlisted member described in subsection (a), the
member is entitled, at the election of the Secretary concerned, to
either--
``(1) special pay in monthly installments in an amount
prescribed by the Secretary, but not to exceed $80 per month; or
``(2) an annual bonus in an amount prescribed by the
Secretary, but not to exceed $2,000 per year.
``(c) <<NOTE: Notification.>> Selection and Payment of Special Pay
or Bonus.--Not later than the date on which the Secretary concerned
accepts an agreement described in subsection (a)(4) providing for the
extension of a member's tour of duty, the Secretary concerned shall
notify the member regarding whether the member will receive special pay
or a bonus under this section. The payment rate for the special pay or
bonus shall be fixed at the time of the agreement and may not be changed
during the period of the extended tour of duty. The Secretary concerned
may pay a bonus under this section either in a lump sum or installments.
``(d) Repayment of Bonus.--(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.
[[Page 111 STAT. 1795]]
``(3) An obligation to repay the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States.
``(4) A discharge in bankruptcy under title 11 that is entered less
than five years after the termination of the agreement does not
discharge the member signing the agreement from a debt arising under the
agreement or under paragraph (1). <<NOTE: Applicability.>> This
paragraph applies to any case commenced under title 11 on or after the
date of the enactment of the National Defense Authorization Act for
Fiscal Year 1998.
``(e) Effect of Rest and Recuperative Absence.--A member who elects
to receive one of the benefits specified in section 705(b) of title 10
as part of the extension of a tour of duty is not entitled to the
special pay authorized by subsection (b)(1) for the period of the
extension of duty for which the benefit under such section is
provided.''.
(2) The item relating to section 314 in the table of sections at the
beginning of chapter 5 of such title is amended to read as follows:
``314. Special pay or bonus: qualified enlisted members extending duty
at designated locations overseas.''.
(b) <<NOTE: 37 USC 314 note.>> Application of Amendment.--Section
314 of title 37, United States Code, as amended by subsection (a), shall
apply with respect to an agreement to extend a tour of duty as provided
in such section executed on or after October 1, 1997.
SEC. 626. INCREASE IN AMOUNT OF FAMILY SEPARATION ALLOWANCE.
Section 427 of title 37, United States Code (as amended by section
603), is further amended in subsection (a)(1) by striking out ``$75''
and inserting in lieu thereof ``$100''.
SEC. 627. DEADLINE FOR PAYMENT OF READY RESERVE MUSTER DUTY ALLOWANCE.
Section 433(c) of title 37, United States Code, is amended--
(1) in the first sentence, by striking out ``and shall be''
and all that follows through ``is performed''; and
(2) by inserting after the first sentence the following new
sentence: ``The allowance may 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--Travel and Transportation Allowances
SEC. 631. TRAVEL AND TRANSPORTATION ALLOWANCES FOR DEPENDENTS BEFORE
APPROVAL OF MEMBER'S COURT-MARTIAL SENTENCE.
Section 406(h)(2)(C) of title 37, United States Code, is amended by
striking out the comma at the end of clause (iii) and all that follows
through ``title 10.'' and inserting in lieu thereof a period.
SEC. 632. DISLOCATION ALLOWANCE.
(a) In General.--Section 407 of title 37, United States Code, is
amended to read as follows:
[[Page 111 STAT. 1796]]
``Sec. 407. Travel and transportation allowances: dislocation allowance
``(a) <<NOTE: Regulations.>> Eligibility for Primary Dislocation
Allowance.--(1) Under regulations prescribed by the Secretary concerned,
a member of a uniformed service described in paragraph (2) is entitled
to a primary dislocation allowance at the rate determined under
subsection (c) for the member's pay grade and dependency status.
``(2) A member of the uniformed services referred to in paragraph
(1) is any of the following:
``(A) A member who makes a change of permanent station and
the member's dependents actually make an authorized move in
connection with the change, including a move by the dependents--
``(i) to join the member at the member's duty
station after an unaccompanied tour of duty when the
member's next tour of duty is an accompanied tour at the
same station; and
``(ii) to a location designated by the member after
an accompanied tour of duty when the member's next tour
of duty is an unaccompanied tour at the same duty
station.
``(B) A member whose dependents actually move pursuant to
section 405a(a), 406(e), 406(h), or 554 of this title.
``(C) A member whose dependents actually move from their
place of residence under circumstances described in section 406a
of this title.
``(D) A member who is without dependents and--
``(i) actually moves to a new permanent station
where the member is not assigned to quarters of the
United States; or
``(ii) actually moves from a place of residence
under circumstances described in section 406a of this
title.
``(E) A member who is ordered to move in connection with the
closure or realignment of a military installation and, as a
result, the member's dependents actually move or, in the case of
a member without dependents, the member actually moves.
``(3) If a primary dislocation allowance is paid under this
subsection to a member described in subparagraph (C) or (D)(ii) of
paragraph (2), the member is not entitled to another dislocation
allowance as a member described in subparagraph (A) or (E) of such
paragraph in connection with the same move.
``(b) Secondary Allowance Authorized Under Certain Circumstances.--
(1) Under <<NOTE: Regulations.>> regulations prescribed by the
Secretary concerned, whenever a member is entitled to a primary
dislocation allowance under subsection (a) as a member described in
paragraph (2)(C) or (2)(D)(ii) of such subsection, the member is also
entitled to a secondary dislocation allowance at the rate determined
under subsection (c) for the member's pay grade and dependency status
if, subsequent to the member or the member's dependents actually moving
from their place of residence under circumstances described in section
406a of this title, the member or member's dependents complete that move
to a new location and then actually move from that new location to
another location also under circumstances described in section 406a of
this title.
``(2) If a secondary dislocation allowance is paid under this
subsection, the member is not entitled to a dislocation allowance
[[Page 111 STAT. 1797]]
as a member described in paragraph (2)(A) or (2)(E) of subsection (a) in
connection with those moves.
``(c) Dislocation Allowance Rates.--(1) The amount of the
dislocation allowance to be paid under this section to a member shall be
based on the member's pay grade and dependency status at the time the
member becomes entitled to the allowance.
``(2) The initial rate for the dislocation allowance, for each pay
grade and dependency status, shall be equal to the rate in effect for
that pay grade and dependency status on December 31, 1997, as adjusted
by the average percentage increase in the rates of basic pay for
calendar year 1998. Effective on the same date that the monthly rates of
basic pay for members are increased for a subsequent calendar year, the
Secretary of Defense shall adjust the rates for the dislocation
allowance for that calendar year by the percentage equal to the average
percentage increase in the rates of basic pay for that calendar year.
``(d) Fiscal Year Limitation; Exceptions.--(1) A member is not
entitled to more than one dislocation allowance under this section
during a fiscal year unless--
``(A) the Secretary concerned finds that the exigencies of
the service require the member to make more than one change of
permanent station during the fiscal year;
``(B) the member is ordered to a service school as a change
of permanent station;
``(C) the member's dependents are covered by section
405a(a), 406(e), 406(h), or 554 of this title; or
``(D) <<NOTE: Applicability.>> subparagraph (C) or (D)(ii)
of subsection (a)(2) or subsection (b) apply with respect to the
member or the member's dependents.
``(2) This subsection does not apply in time of national emergency
or in time of war.
``(e) First or Last Duty.--A member is not entitled to payment of a
dislocation allowance under this section when the member is ordered from
the member's home to the member's first duty station or from the
member's last duty station to the member's home.
``(f) Rule of Construction.--For purposes of this section, a member
whose dependents may not make an authorized move in connection with a
change of permanent station is considered a member without dependents.
``(g) Advance Payment.--A dislocation allowance payable under this
section may be paid in advance.''.
(b) <<NOTE: 37 USC 407 note.>> Effective Date.--The amendment made
by subsection (a) shall take effect on January 1, 1998.
Subtitle D--Retired Pay, Survivor Benefits, and Related Matters
SEC. 641. 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 new section:
[[Page 111 STAT. 1798]]
``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 one-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) Concurrence required.--A married participant may not
(except as provided in paragraph (2)) make an election under
subsection (a) without the concurrence of the participant's
spouse.
``(2) Exceptions.--A participant may make such an election
without the concurrence of the participant's spouse by
establishing to the satisfaction of the Secretary concerned that
one of the conditions specified in section 1448(a)(3)(C) of this
title exists.
``(3) Form of concurrence.--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
applies 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 applies to an election under subsection (a).
``(e) Consequences of Discontinuation.--Section 1448(b)(1)(E) of
this title applies to an election under subsection (a).
``(f) Notice to Affected Beneficiaries.--The Secretary concerned
shall notify any former spouse or other natural person previously
designated under section 1448(b) of this title of an election to
discontinue participation under subsection (a).
``(g) Effective Date of Election.--An election under subsection (a)
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 new item:
``1448a. Election to discontinue participation: one-year opportunity
after second
anniversary of commencement of payment of retired pay.''.
(b) <<NOTE: 10 USC 1448a note.>> Transition Provision for Current
Participants.--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 that section under
subsection (c) if the second anniversary of the
[[Page 111 STAT. 1799]]
commencement of payment of retired pay to the participant precedes that
effective date.
(c) <<NOTE: 10 USC 1448a note.>> 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. 642. TIME IN WHICH CHANGE IN SURVIVOR BENEFIT COVERAGE FROM FORMER
SPOUSE TO SPOUSE MAY BE MADE.
(a) Extension of Time for Change.--Section 1450(f)(1)(C) of title
10, United States Code, is amended by adding at the end the following
new sentence: ``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
after the person providing the annuity remarries without regard to the
time limitation in section 1448(a)(5)(B) of this title.''.
(b) <<NOTE: 10 USC 1450 note.>> Applicability.--The amendment made
by subsection (a) shall apply with respect to marriages occurring
before, on, or after the date of the enactment of this Act.
SEC. 643. <<NOTE: 10 USC 1408 note.>> REVIEW OF FEDERAL FORMER SPOUSE
PROTECTION LAWS.
(a) Review Required.--The Secretary of Defense shall carry out a
comprehensive review (including a comparison) of--
(1) the protections, benefits, and treatment afforded under
Federal law to members and former members of the uniformed
services and former spouses of such persons; and
(2) the protections, benefits, and treatment afforded under
Federal law to employees and former employees of the Government
and former spouses of such persons.
(b) Military Personnel Matters To Be Reviewed.--In the case of
members and former members of the uniformed services and former spouses
of such persons, the review under subsection (a) shall include the
following:
(1) All provisions of law (principally those originally
enacted in the Uniformed Services Former Spouses' Protection Act
(title X of Public Law 97-252)) that--
(A) establish, provide for the enforcement of, or
otherwise protect interests of members and former
members of the uniformed services and former spouses of
such persons in retired or retainer pay of members and
former members; or
(B) provide other benefits for members and former
members of the uniformed services and former spouses of
such persons.
(2) The experience of the uniformed services in
administering those provisions of law, including the adequacy
and effectiveness of the legal assistance provided by the
Department of Defense in matters related to the Uniformed
Services Former Spouses' Protection Act.
(3) The experience of members and former members of the
uniformed services and former spouses of such persons in the
administration of those provisions of law.
(4) The experience of members and former members of the
uniformed services and former spouses of such persons in the
application of those provisions of law by State courts.
(5) The history of State statutes and State court
interpretations of the Uniformed Services Former Spouses'
Protection Act and other provisions of Federal law described in
paragraph
[[Page 111 STAT. 1800]]
(1)(A) and the extent to which those interpretations follow
those laws.
(c) Civilian Personnel Matters To Be Reviewed.--In the case of
former spouses of employees and former employees of the Government, the
review under subsection (a) shall include the following:
(1) All provisions of law that--
(A) establish, provide for the enforcement of, or
otherwise protect interests of employees and former
employees of the Government and former spouses of such
persons in annuities of employees and former employees
under Federal employees' retirement systems; or
(B) provide other benefits for employees and former
employees of the Government and former spouses of such
persons.
(2) The experience of the Office of Personnel Management and
other agencies of the Government in administering those
provisions of law.
(3) The experience of employees and former employees of the
Government and former spouses of such persons in the
administration of those provisions of law.
(4) The experience of employees and former employees of the
Government and former spouses of such persons in the application
of those provisions of law by State courts.
(d) Sampling Authorized.--The Secretary may use sampling in carrying
out the review under this section.
(e) Report.--Not later than September 30, 1999, the Secretary 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 results of the review under subsection (a). The report shall
include any recommendations for legislation that the Secretary considers
appropriate.
SEC. 644. <<NOTE: 10 USC 1448 note.>> 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.
[[Page 111 STAT. 1801]]
(3) Whenever after the date of the enactment of this Act retired or
retainer pay is increased under section 1401a(b)(2) of title 10, United
States Code, each annuity that is payable under this section shall be
increased at the same time and by the same total percent. The amount of
the increase shall be based on the amount of the monthly annuity payable
before any reduction under this section.
(c) Application Required.--No benefit shall be paid to any person
under this section unless an application for such benefit is filed with
the Secretary concerned by or on behalf of such person.
(d) Definitions.--For purposes of this section:
(1) The terms ``uniformed services'' and ``Secretary
concerned'' have the meanings given such terms in section 101 of
title 37, United States Code.
(2) The term ``surviving spouse'' has the meaning given the
terms ``widow'' and ``widower'' in paragraphs (3) and (4) of
section 1447 of title 10, United States Code.
(e) Prospective Applicability.--(1) Annuities under this section
shall be paid for months beginning after the month in which this Act is
enacted.
(2) No benefit shall accrue to any person by reason of the enactment
of this section for any period before the first month that begins after
the month in which this Act is enacted.
(f) Expiration of Authority.--The authority to pay annuities under
this section shall expire on September 30, 2001.
SEC. 645. ADMINISTRATION OF BENEFITS FOR SO-CALLED MINIMUM INCOME
WIDOWS.
(a) Payments To Be Made by Secretary of Veterans Affairs.--Section
653(d) of the National Defense Authorization Act, Fiscal Year 1989 (10
U.S.C. 1448 note) is amended--
(1) by inserting ``(1)'' before ``An annuity'' the first
place it appears; and
(2) by adding at the end the following new paragraph:
``(2) Payment of annuities under this section shall be made by the
Secretary of Veterans Affairs. In making such payments, the Secretary
shall combine the payment under this section with the payment of any
amount due the same person under section 4 of Public Law 92-425 (10
U.S.C. 1448 note), as provided in subsection (e)(1) of that section. The
Secretary concerned shall transfer amounts for payments under this
section to the Secretary of Veterans Affairs in the same manner as is
provided under subsection (e)(2) of section 4 of Public Law 92-425 for
payments under that section.''.
(b) Combination With Other Benefits.--Section 4(e)(1) of Public Law
92-425 (10 U.S.C. 1448 note) is amended--
(1) by inserting after the first sentence the following new
sentence: ``In making such payments, the Secretary shall combine
with the payment under this section payment of any amount due
the same person under section 653(d) of the National Defense
Authorization Act, Fiscal Year 1989 (10 U.S.C. 1448 note).'';
and
(2) by inserting ``(and, if applicable, under section 653(d)
of the National Defense Authorization Act, Fiscal Year 1989)''
after ``under this section''.
(c) <<NOTE: Applicability. 10 USC 1448 note.>> Effective Date.--The
amendments made by this section take effect on the first day of the
first month beginning after the date of the enactment of this Act and
shall apply with respect
[[Page 111 STAT. 1802]]
to payments of benefits for months beginning on or after that date,
except that the Secretary of Veterans Affairs may provide, if necessary
for administrative implementation, that such amendments shall apply
beginning with a later month, not later than the first month beginning
more than 180 days after the date of the enactment of this Act.
Subtitle E--Other Matters
SEC. 651. LOAN REPAYMENT PROGRAM FOR COMMISSIONED OFFICERS IN CERTAIN
HEALTH PROFESSIONS.
(a) In General.--Chapter 109 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2173. Education loan repayment program: commissioned officers in
specified health professions
``(a) Authority To Repay Education Loans.--For the purpose of
maintaining adequate numbers of commissioned officers of the armed
forces on active duty who are qualified in the various health
professions, the Secretary of a military department may repay, in the
case of a person described in subsection (b), a loan that--
``(1) was used by the person to finance education regarding
a health profession; and
``(2) was obtained from a governmental entity, private
financial institution, school, or other authorized entity.
``(b) Eligible Persons.--To be eligible to obtain a loan repayment
under this section, a person must--
``(1) satisfy one of the requirements specified in
subsection (c);
``(2) be fully qualified for, or hold, an appointment as a
commissioned officer in one of the health professions; and
``(3) sign a written agreement to serve on active duty, or,
if on active duty, to remain on active duty for a period in
addition to any other incurred active duty obligation.
``(c) Academic and Professional Requirements.--One of the following
academic requirements must be satisfied for purposes of determining the
eligibility of a person for a loan repayment under this section:
``(1) The person is fully qualified in a health care
profession that the Secretary of the military department
concerned has determined to be necessary to meet identified
skill shortages.
``(2) The person is enrolled as a full-time student in the
final year of a course of study at an accredited educational
institution leading to a degree in a health profession other
than medicine or osteopathic medicine.
``(3) The person is enrolled in the final year of an
approved graduate program leading to specialty qualification in
medicine, dentistry, osteopathic medicine, or other health
profession.
``(d) Certain Persons Ineligible.--Participants of the Armed Forces
Health Professions Scholarship and Financial Assistance program under
subchapter I of chapter 105 of this title and students of the Uniformed
Services University of the Health Sciences established under section
2112 of this title are not eligible for the repayment of an education
loan under this section.
``(e) Loan Repayments.--(1) Subject to the limits established by
paragraph (2), a loan repayment under this section may consist
[[Page 111 STAT. 1803]]
of payment of the principal, interest, and related expenses of a loan
obtained by a person described in subsection (b) for--
``(A) all educational expenses, comparable to all
educational expenses recognized under section 2127(a) of this
title for participants in the Armed Forces Health Professions
Scholarship and Financial Assistance program; and
``(B) reasonable living expenses, not to exceed expenses
comparable to the stipend paid under section 2121(d) of this
title for participants in the Armed Forces Health Professions
Scholarship and Financial Assistance program.
``(2) For each year of obligated service that a person agrees to
serve in an agreement described in subsection (b)(3), the Secretary of
the military department concerned may pay not more than $22,000 on
behalf of the person. <<NOTE: Effective date.>> This maximum amount
shall be increased annually by the Secretary of Defense effective
October 1 of each year by the percentage equal to the percent increase
in the average annual cost of educational expenses and stipend costs of
a single scholarship under the Armed Forces Health Professions
Scholarship and Financial Assistance program. The total amount that may
be repaid on behalf of any person may not exceed an amount determined on
the basis of a four-year active duty service obligation.
``(f)Active Duty Service Obligation.--(1) A person entering into an
agreement described in subsection (b)(3) incurs an active duty service
obligation. <<NOTE: Regulations.>> The length of this obligation shall
be determined under regulations prescribed by the Secretary of Defense,
but those regulations may not provide for a period of obligation of less
than one year for each maximum annual amount, or portion thereof, paid
on behalf of the person for qualified loans.
``(2) For persons on active duty before entering into the agreement,
the active duty service obligation shall be served consecutively to any
other obligation incurred under the agreement.
``(g) Effect of Failure To Complete Obligation.--A commissioned
officer who is relieved of the officer's active duty obligation under
this section before the completion of that obligation may be given, with
or without the consent of the officer, any alternative obligation
comparable to any of the alternative obligations authorized by section
2123(e) of this title for participants in the Armed Forces Health
Professions Scholarship and Financial Assistance program.
``(h) Regulations.--The Secretary of Defense shall prescribe
regulations to carry out this section, including standards for qualified
loans and authorized payees and other terms and conditions for the
making of loan repayments.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2173. Education loan repayment program: commissioned officers in
specified health professions.''.
SEC. 652. CONFORMANCE OF NOAA COMMISSIONED OFFICERS SEPARATION PAY TO
SEPARATION PAY FOR MEMBERS OF OTHER UNIFORMED SERVICES.
(a) Elimination of Limitations on Amount of Separation Pay.--Section
9 of the Coast and Geodetic Survey Commissioned Officers' Act of 1948
(33 U.S.C. 853h) is amended--
[[Page 111 STAT. 1804]]
(1) in subsection (b)(1), by striking out ``, or $30,000,
whichever is less'';
(2) in subsection (b)(2), by striking out ``, but in no
event more than $15,000''; and
(3) in subsection (d), by striking out ``(1)'', and by
striking out paragraph (2).
(b) Waiver of Recoupment of Amounts Withheld for Tax Purposes From
Certain Separation Pay.--Section 9(e)(2) of the Coast and Geodetic
Survey Commissioned Officers' Act of 1948 (33 U.S.C. 853h(e)(2)) is
amended in the first sentence by inserting before the period at the end
the following: ``, less the amount of Federal income tax withheld from
such pay (such withholding being at the flat withholding rate for
Federal income tax withholding, as in effect pursuant to regulations
prescribed under chapter 24 of the Internal Revenue Code of 1986)''.
(c) <<NOTE: 33 USC 853h note.>> Effective Date and Application.--The
amendments made by this section shall take effect as of October 1, 1997,
and shall apply to payments of separation pay that are made after
September 30, 1997.
SEC. 653. ELIGIBILITY OF PUBLIC HEALTH SERVICE OFFICERS AND NOAA
COMMISSIONED CORPS OFFICERS 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 new paragraph:
``(16) Section 1052, Reimbursement for adoption expenses.''.
(b) National Oceanic and Atmospheric Administration.--Section 3(a)
of the Act of August 10, 1956 (33 U.S.C. 857a(a)), is amended by adding
at the end the following new paragraph:
``(16) Section 1052, Reimbursement for adoption expenses.''.
(c) <<NOTE: 33 USC 857a note.>> Prospective Applicability.--The
amendments made by this section shall apply only to adoptions that are
completed on or after the date of the enactment of this Act.
SEC. 654. PAYMENT OF BACK QUARTERS AND SUBSISTENCE ALLOWANCES TO WORLD
WAR II VETERANS WHO SERVED AS GUERRILLA FIGHTERS IN THE
PHILIPPINES.
(a) In General.--The Secretary of the military department concerned
shall pay, upon request, to an individual described in subsection (b)
the amount determined with respect to that individual under subsection
(c).
(b) Covered Individuals.--A payment under subsection (a) shall be
made to any individual who as a member of the Armed Forces during World
War II--
(1) was captured within the territory of the Philippines by
Japanese forces;
(2) escaped from captivity; and
(3) served as a guerrilla fighter in the Philippines during
the period from January 1942 through February 1945.
(c) Amount To Be Paid.--The amount of a payment under subsection (a)
shall be the amount of quarters and subsistence allowance which accrued
to an individual described in subsection (b) during the period specified
in paragraph (3) of subsection (b) and which was not paid to that
individual. For the purposes of this subsection, the Secretary of War
shall be deemed to have determined that conditions in the Philippines
during the specified period justified payment under applicable
regulations of quarters
[[Page 111 STAT. 1805]]
and subsistence allowances at the maximum special rate for duty where
emergency conditions existed. The Secretary shall apply interest
compounded at the three-month Treasury bill rate.
(d) Payment to Survivors.--In the case of any individual described
in subsection (b) who is deceased, payment under this section with
respect to that individual shall be made to that individual's nearest
surviving relative, as determined by the Secretary concerned.
SEC. 655. SUBSISTENCE OF MEMBERS OF THE ARMED FORCES ABOVE THE POVERTY
LEVEL.
(a) Study and Report.--(1) The Secretary of Defense shall conduct a
study of members of the Armed Forces and their families who subsist at,
near, or below the poverty level. The study shall include the following:
(A) An analysis of potential solutions for ensuring that
members of the Armed Forces and their families do not have to
subsist at, near, or below the poverty level, including
potential solutions involving changes in the system of
allowances for members.
(B) Identification of the military populations most likely
to need income support under Federal Government programs,
including--
(i) the populations living in areas of the United
States where housing costs are notably high;
(ii) the populations living outside the United
States; and
(iii) the number of persons in each identified
population.
(C) The desirability of increasing rates of basic pay and
allowances for members over a defined period of years by a range
of percentages that provides for higher percentage increases for
lower ranking members than for higher ranking members.
(2) Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to Congress a report
containing the results of the study and such recommendations as the
Secretary considers to be appropriate.
(b) Implementation of Department of Defense Special Supplemental
Food Program for Personnel Outside the United States.--(1) Subsection
(b) of section 1060a of title 10, United States Code, is amended to read
as follows:
``(b) Federal Payments and Commodities.--For the purpose of
obtaining Federal payments and commodities in order to carry out the
program referred to in subsection (a), the Secretary of Agriculture
shall make available to the Secretary of Defense the same payments and
commodities as are made for the special supplemental food program in the
United States under section 17 of the Child Nutrition Act of 1966 (42
U.S.C. 1786). The Secretary of Defense may use funds available for the
Department of Defense to carry out the program under subsection (a).''.
(2) <<NOTE: 10 USC 1060a note.>> Not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense shall submit
to Congress a report regarding the intentions of the Secretary regarding
implementation of the program authorized under section 1060a of title
10, United States Code, including any plans to implement the program.
[[Page 111 STAT. 1806]]
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Services
Sec. 701. Expansion of retiree dental insurance plan to include
surviving spouse and child dependents of certain deceased
members.
Sec. 702. Provision of prosthetic devices to covered beneficiaries.
Sec. 703. <<NOTE: 10 USC 1073 note.>> Study concerning the provision of
comparative information.
Subtitle B--TRICARE Program
Sec. 711. Addition of definition of TRICARE program to title 10.
Sec. 712. Plan for expansion of managed care option of TRICARE program.
Subtitle C--Uniformed Services Treatment Facilities
Sec. 721. Implementation of designated provider agreements for Uniformed
Services Treatment Facilities.
Sec. 722. Continued acquisition of reduced-cost drugs.
Sec. 723. Limitation on total payments.
Subtitle D--Other Changes to Existing Laws Regarding Health Care
Management
Sec. 731. Improvements in health care coverage and access for members
assigned to certain duty locations far from sources of care.
Sec. 732. Waiver or reduction of copayments under overseas dental
program.
Sec. 733. Premium collection requirements for medical and dental
insurance
programs; extension of deadline for implementation of dental
insurance program for military retirees.
Sec. 734. Dental insurance plan coverage for retirees of the Public
Health Service and NOAA.
Sec. 735. Consistency between CHAMPUS and Medicare in payment rates for
services.
Sec. 736. Use of personal services contracts for provision of health
care services and legal protection for providers.
Sec. 737. Portability of State licenses for Department of Defense health
care
professionals.
Sec. 738. Standard form and requirements regarding claims for payment
for
services.
Sec. 739. Chiropractic health care demonstration program.
Subtitle E--Other Matters
Sec. 741. Continued admission of civilians as students in physician
assistant training program of Army Medical Department.
Sec. 742. Payment for emergency health care overseas for military and
civilian
personnel of the On-Site Inspection Agency.
Sec. 743. Authority for agreement for use of medical resource facility,
Alamogordo, New Mexico.
Sec. 744. Disclosures of cautionary information on prescription
medications.
Sec. 745. Competitive procurement of certain ophthalmic services.
Sec. 746. Comptroller General study of adequacy and effect of maximum
allowable charges for physicians under CHAMPUS.
Sec. 747. Comptroller General study of Department of Defense pharmacy
programs.
Sec. 748. Comptroller General study of Navy graduate medical education
program.
Sec. 749. Study of expansion of pharmaceuticals by mail program to
include
additional Medicare-eligible covered beneficiaries.
Sec. 750. Comptroller General study of requirement for military medical
facilities in National Capital Region.
Sec. 751. Report on policies and programs to promote healthy lifestyles
for
members of the Armed Forces and their dependents.
Sec. 752. Sense of Congress regarding quality health care for retirees.
Subtitle F--Persian Gulf Illness
Sec. 761. Definitions.
Sec. 762. Plan for health care services for Persian Gulf veterans.
Sec. 763. Comptroller General study of revised disability criteria for
physical
evaluation boards.
Sec. 764. Medical care for certain reserves who served in Southwest Asia
during the Persian Gulf War.
Sec. 765. Improved medical tracking system for members deployed overseas
in
contingency or combat operations.
[[Page 111 STAT. 1807]]
Sec. 766. Notice of use of investigational new drugs or drugs unapproved
for their applied use.
Sec. 767. Report on plans to track location of members in a theater of
operations.
Sec. 768. Sense of Congress regarding the deployment of specialized
units for
detecting and monitoring chemical, biological, and similar
hazards in a theater of operations.
Sec. 769. Report on effectiveness of research efforts regarding Gulf War
illnesses.
Sec. 770. Persian Gulf illness clinical trials program.
Sec. 771. Sense of Congress concerning Gulf War illness.
Subtitle A--Health Care Services
SEC. 701. EXPANSION OF RETIREE DENTAL INSURANCE PLAN TO INCLUDE
SURVIVING SPOUSE AND CHILD DEPENDENTS OF CERTAIN DECEASED
MEMBERS.
Section 1076c(b)(4) of title 10, United States Code, is amended--
(1) in subparagraph (A)--
(A) by striking out ``dies'' and inserting in lieu
thereof ``died''; and
(B) by striking out ``or'' at the end of the
subparagraph;
(2) by striking out the period at the end of subparagraph
(B) and inserting in lieu thereof ``; or''; and
(3) by adding at the end the following new subparagraph:
``(C) who died while on active duty for a period of
more than 30 days and whose eligible dependents are not
eligible, or no longer eligible, for dental benefits
under section 1076a of this title pursuant to subsection
(i)(2) of such section.''.
SEC. 702. PROVISION OF PROSTHETIC DEVICES TO COVERED BENEFICIARIES.
(a) Inclusion Among Authorized Care.--Subsection (a) of section 1077
of title 10, United States Code, is amended by adding at the end the
following new paragraph:
``(15) Prosthetic devices, as determined by the Secretary of
Defense to be necessary because of significant conditions
resulting from trauma, congenital anomalies, or disease.''.
(b) Conforming Amendment.--Subsection (b) of such section is amended
by striking out paragraph (2) and inserting in lieu thereof the
following new paragraph:
``(2) Hearing aids, orthopedic footwear, and spectacles,
except that, outside of the United States and at stations inside
the United States where adequate civilian facilities are
unavailable, such items may be sold to dependents at cost to the
United States.''.
<<NOTE: 10 USC 1073 note.>> SEC. 703. STUDY CONCERNING THE PROVISION OF
COMPARATIVE INFORMATION.
(a) Study.--The Secretary of Defense shall conduct a study
concerning the provision of the information described in subsection (b)
to beneficiaries under the TRICARE program established under the
authority of chapter 55 of title 10, United States Code, and prepare and
submit to Congress a report concerning such study.
(b) Provision of Comparative Information.--Information described in
this subsection, with respect to a managed care entity that contracts
with the Secretary of Defense to provide medical assistance under the
program described in subsection (a), shall include the following:
(1) The benefits covered by the entity involved, including--
[[Page 111 STAT. 1808]]
(A) covered items and services beyond those provided
under a traditional fee-for-service program;
(B) any beneficiary cost sharing; and
(C) any maximum limitations on out-of-pocket
expenses.
(2) The net monthly premium, if any, under the entity.
(3) The service area of the entity.
(4) To the extent available, quality and performance
indicators for the benefits under the entity (and how they
compare to such indicators under the traditional fee-for-service
programs in the area involved), including--
(A) disenrollment rates for enrollees electing to
receive benefits through the entity for the previous two
years (excluding disenrollment due to death or moving
outside the service area of the entity);
(B) information on enrollee satisfaction;
(C) information on health process and outcomes;
(D) grievance procedures;
(E) the extent to which an enrollee may select the
health care provider of their choice, including health
care providers within the network of the entity and out-
of-network health care providers (if the entity covers
out-of-network items and services); and
(F) an indication of enrollee exposure to balance
billing and the restrictions on coverage of items and
services provided to such enrollee by an out-of-network
health care provider.
(5) Whether the entity offers optional supplemental benefits
and the terms and conditions (including premiums) for such
coverage.
(6) An overall summary description as to the method of
compensation of participating physicians.
Subtitle B--TRICARE Program
SEC. 711. ADDITION OF DEFINITION OF TRICARE PROGRAM TO
TITLE 10.
Section 1072 of title 10, United States Code, is amended by adding
at the end the following new paragraph:
``(7) The term `TRICARE program' means the managed health
care program that is established by the Department 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.''.
SEC. 712. PLAN FOR EXPANSION OF MANAGED CARE OPTION OF TRICARE PROGRAM.
(a) Plan For Expansion of TRICARE Prime.--The Secretary of Defense
shall prepare a plan for the expansion of the managed care option of the
TRICARE Program, known as TRICARE Prime, into areas of the United States
located outside of the catchment areas of medical treatment facilities
of the uniformed services, but in which the managed care option is a
cost-effective alternative because of--
[[Page 111 STAT. 1809]]
(1) the significant number of members of the uniformed
services and covered beneficiaries under chapter 55 of title 10,
United States Code (including retired members of the Armed
Forces and their dependents), who reside in the areas; and
(2) the presence in the areas of sufficient nonmilitary
health care provider networks.
(b) Alternatives.--As an alternative to expansion of TRICARE Prime
to areas of the United States in which there are few or no nonmilitary
health care provider networks, the Secretary shall include in the plan
required under subsection (a) an evaluation of the feasibility and cost-
effectiveness of providing a member of the Armed Forces on active duty
who is stationed in such an area, or whose dependents reside in such an
area, with one or both of the following:
(1) A monetary stipend to assist the member in obtaining
health care services for the member or the member's dependents.
(2) A reduction in the cost-sharing requirements applicable
to the TRICARE program options otherwise available to the member
to match the reduced cost-sharing responsibilities of the
managed care option of the TRICARE program.
(c) Submission of Plan.--Not later than March 1, 1998, the Secretary
shall submit to Congress the plan required under subsection (a).
Subtitle C--Uniformed Services Treatment Facilities
SEC. 721. IMPLEMENTATION OF DESIGNATED PROVIDER AGREEMENTS FOR UNIFORMED
SERVICES TREATMENT FACILITIES.
(a) Commencement of Health Care Services Under Agreement.--
Subsection (c) of section 722 of the National Defense Authorization Act
for Fiscal Year 1997 (Public Law 104-201, 10 U.S.C. 1073 note) is
amended--
(1) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B);
(2) by inserting ``(1)'' before ``Unless''; and
(3) by adding at the end the following new paragraph:
``(2) The Secretary may modify the effective date established under
paragraph (1) for an agreement to permit a transition period of not more
than six months between the date on which the agreement is executed by
the parties and the date on which the designated provider commences the
delivery of health care services under the agreement.''.
(b) Temporary Continuation of Existing Participation Agreements.--
Subsection (d) of such section is amended by inserting before the period
at the end the following: ``, including any transitional period provided
by the Secretary under paragraph (2) of such subsection''.
SEC. 722. CONTINUED ACQUISITION OF REDUCED-COST DRUGS.
Section 722 of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 10 U.S.C. 1073 note) is amended by adding
at the end the following new subsection:
[[Page 111 STAT. 1810]]
``(g) Continued Acquisition of Reduced-Cost Drugs.--A designated
provider shall be treated as part of the Department of Defense for
purposes of section 8126 of title 38, United States Code, in connection
with the provision by the designated provider of health care services to
covered beneficiaries pursuant to the participation agreement of the
designated provider under section 718(c) of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 42 U.S.C.
248c note) or pursuant to the agreement entered into under subsection
(b).''.
SEC. 723. LIMITATION ON TOTAL PAYMENTS.
Section 726(b) of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 10 U.S.C. 1073 note) is amended by adding
at the end the following new sentence: ``In establishing the ceiling
rate for enrollees with the designated providers who are also eligible
for the Civilian Health and Medical Program of the Uniformed Services,
the Secretary of Defense shall take into account the health status of
the enrollees.''.
Subtitle D--Other Changes to Existing Laws Regarding Health Care
Management
SEC. 731. IMPROVEMENTS IN HEALTH CARE COVERAGE AND ACCESS FOR MEMBERS
ASSIGNED TO CERTAIN DUTY LOCATIONS FAR FROM SOURCES OF CARE.
(a) Supplemental Care Program.--(1) Section 1074(c) of title 10,
United States Code, is amended--
(A) by inserting ``(1)'' after ``(c)''; and
(B) by adding at the end the following new paragraphs:
``(2)(A) Subject to such exceptions as the Secretary of Defense
considers necessary, coverage for medical care for members of the armed
forces under this subsection, and standards with respect to timely
access to such care, shall be comparable to coverage for medical care
and standards for timely access to such care under the managed care
option of the TRICARE program known as TRICARE Prime.
`` <<NOTE: Contracts.>> (B) The Secretary of Defense shall enter
into arrangements with contractors under the TRICARE program or with
other appropriate contractors for the timely and efficient processing of
claims under this subsection.
``(3)(A) The Secretary of Defense may not require a member of the
armed forces described in subparagraph (B) to receive routine primary
medical care at a military medical treatment facility.
``(B) A member referred to in subparagraph (A) is a member of the
armed forces on active duty who is entitled to medical care under this
subsection and who--
``(i) receives a duty assignment described in subparagraph
(C); and
``(ii) pursuant to the assignment of such duty, resides at a
location that is more than 50 miles, or approximately one hour
of driving time, from the nearest military medical treatment
facility adequate to provide the needed care.
``(C) A duty assignment referred to in subparagraph (B) means any of
the following:
``(i) Permanent duty as a recruiter.
[[Page 111 STAT. 1811]]
``(ii) 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.
``(iii) Permanent duty as a full-time adviser to a unit of a
reserve component.
``(iv) Any other permanent duty designated by the Secretary
concerned for purposes of this paragraph.''.
(2) <<NOTE: Applicability. 10 USC 1074 note.>> The amendments made
by paragraph (1) shall apply with respect to coverage of medical care
for, and the provision of such care to, a member of the Armed Forces
under section 1074(c) of title 10, United States Code, on and after the
later of the following:
(A) April 1, 1998.
(B) The date on which the TRICARE program is in place in the
service area of the member.
(b) <<NOTE: 10 USC 1074 note.>> Temporary Authority for Managed
Care Expansion to Members on Active Duty at Certain Remote Locations.--
(1) A member of the Armed Forces described in subsection (c) is entitled
to receive care under the Civilian Health and Medical Program of the
Uniformed Services. In connection with such care, the Secretary of
Defense shall waive the obligation of the member 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.
(2) A member who is entitled under paragraph (1) to receive health
care services under CHAMPUS shall receive such care from a network
provider under the TRICARE program if such a provider is available in
the service area of the member.
(3) <<NOTE: Effective date. Expiration date.>> Paragraph (1) shall
take effect on the date of the enactment of this Act and shall expire
with respect to a member upon the later of the following:
(A) The date that is one year after the date of the
enactment of this Act.
(B) The date on which the amendments made by subsection (a)
apply with respect to the coverage of medical care for, and
provision of such care to, the member.
(c) <<NOTE: 10 USC 1074 note.>> Eligible Members.--A member
referred to in subsection (b) is a member of the Armed Forces on active
duty who--
(1) receives a duty assignment described in subsection (d);
and
(2) pursuant to the assignment of such duty, resides at a
location that is more than 50 miles, or approximately one hour
of driving time, from--
(A) the nearest health care facility of the
uniformed services adequate to provide the needed care
under chapter 55 of title 10, United States Code; and
(B) the nearest source of the needed care that is
available to the member under the TRICARE Prime plan.
(d) <<NOTE: 10 USC 1074 note.>> Duty Assignments Covered.--A duty
assignment referred to in subsection (c)(1) means any of the following:
(1) Permanent duty as a recruiter.
(2) 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.
[[Page 111 STAT. 1812]]
(3) Permanent duty as a full-time adviser to a unit of a
reserve component of the Armed Forces.
(4) Any other permanent duty designated by the Secretary
concerned for purposes of this subsection.
(e) <<NOTE: 10 USC 1074 note.>> Payment of Costs.--Deductibles,
copayments, and annual fees not payable by a member by reason of a
waiver granted under the regulations prescribed pursuant to subsection
(b) shall be paid out of funds available to the Department of Defense
for the Defense Health Program.
(f) <<NOTE: 10 USC 1074 note.>> Definitions.--In this section:
(1) The term ``TRICARE program'' has the meaning given that
term in section 1072(7) of title 10, United States Code.
(2) The term ``TRICARE Prime plan'' means a plan under the
TRICARE program that provides for the voluntary enrollment of
persons for the receipt of health care services to be furnished
in a manner similar to the manner in which health care services
are furnished by health maintenance organizations.
SEC. 732. WAIVER OR REDUCTION OF COPAYMENTS UNDER OVERSEAS DENTAL
PROGRAM.
Section 1076a(h) of title 10, United States Code, is amended--
(1) in the first sentence, by striking out ``Secretary'' and
inserting in lieu thereof ``Secretary of Defense''; and
(2) by adding at the end the following new sentence: ``In
the case of such an overseas dental plan, the Secretary may
waive or reduce the copayments otherwise required by subsection
(e) to the extent the Secretary determines appropriate for the
effective and efficient operation of the plan.''.
SEC. 733. <<NOTE: Regulations.>> PREMIUM COLLECTION REQUIREMENTS FOR
MEDICAL AND DENTAL INSURANCE PROGRAMS; EXTENSION OF DEADLINE
FOR IMPLEMENTATION OF DENTAL INSURANCE PROGRAM FOR MILITARY
RETIREES.
(a) Premium Collection For 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 maximum extent practicable, a member's
share shall be deducted and withheld from the basic pay payable to the
member for inactive duty training or basic pay payable to the member for
active duty (if pay is available to the member). Such share shall be
used to pay the premium for coverage by the dental insurance plan.''.
(b) Premium Collection For Retiree Dental Insurance Plan.--Paragraph
(2) of section 1076c(c) of such title is amended to read as follows:
``(2) The Secretary of Defense shall establish procedures for the
collection of the premiums charged for coverage by the dental insurance
plan. To the maximum extent practicable, the premiums payable by a
member entitled to retired pay shall be deducted and withheld from the
retired pay of the member (if pay is available to the member).''.
(c) <<NOTE: 10 USC 1076b note.>> Report to Congress.--Not later
than March 1, 1998, the Secretary of Defense shall submit to Congress a
report on the premium collection procedures established pursuant to
paragraph (3) of section 1076b(b) of title 10, United States Code, and
paragraph
[[Page 111 STAT. 1813]]
(2) of section 1076c(c) of such title. The report shall describe the
extent to which premium collections are made under such paragraphs
through deductions and withholding from pay.
(d) <<NOTE: 10 USC 1076b note.>> Limitation on Implementation of
Alternative Collection Procedures.--The Secretary of Defense may not
implement procedures for collecting premiums under section 1076b(b)(3)
of title 10, United States Code, or section 1076c(c)(2) of such title
other than by deductions and withholding from pay until 120 days after
the date that the Secretary submits a report to Congress describing the
justifications for implementing such alternative procedures.
(e) Extension of Deadline For Implementation of Dental Insurance
Plan For Military Retirees.--Section 703(b) of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat.
2590) <<NOTE: 10 USC 1076c note.>> is amended by striking ``October 1,
1997'' and inserting ``April 1, 1998''.
SEC. 734. DENTAL INSURANCE PLAN COVERAGE FOR RETIREES OF THE PUBLIC
HEALTH SERVICE AND NOAA.
(a) Eligibility.--(1) Subsection (a) of section 1076c of title 10,
United States Code, is amended by striking out ``military retirees'' and
inserting in lieu thereof ``retirees of the uniformed services''.
(2) Subsection (b)(1) of such section is amended by striking out
``Armed Forces'' and inserting in lieu thereof ``uniformed services''.
(b) Officials Responsible.--(1) Subsection (a) of such section (as
amended by subsection (a)) is further amended by inserting ``, in
consultation with the other administering Secretaries,'' after
``Secretary of Defense''.
(2) Subsection (h) of such section is amended by striking out
``Secretary of Transportation'' and inserting in lieu thereof ``other
administering Secretaries''.
SEC. 735. CONSISTENCY BETWEEN CHAMPUS AND MEDICARE IN PAYMENT RATES FOR
SERVICES.
(a) Conformity Between Rates.--Section 1079(h) of title 10, United
States Code, is amended by striking out paragraphs (1), (2), and (3) and
inserting in lieu thereof the following new paragraph:
``(1) Except as provided in paragraphs (2) and (3), payment for a
charge for services by an individual health care professional (or other
noninstitutional health care provider) for which a claim is submitted
under a plan contracted for under subsection (a) shall be equal to an
amount determined to be appropriate, to the extent practicable, in
accordance with the same reimbursement rules as apply to payments for
similar services under title XVIII of the Social Security Act (42 U.S.C.
1395 et seq.). The Secretary of Defense shall determine the appropriate
payment amount under this paragraph in consultation with the other
administering Secretaries.''.
(b) Reduced Rates Authorized.--Paragraph (5) of such section is
amended by adding at the end the following new sentence: ``With the
consent of the health care provider, the Secretary is also authorized to
reduce the authorized payment for certain health care services below the
amount otherwise required by the payment limitations under paragraph
(1).''.
[[Page 111 STAT. 1814]]
(c) Conforming Amendments.--Such section is further
amended--
(1) in paragraph (5), by striking out ``paragraph (4), the
Secretary'' and inserting in lieu thereof ``paragraph (2), the
Secretary of Defense''; and
(2) by redesignating paragraphs (4), (5), and (6) as
paragraphs (2), (3), and (4), respectively.
SEC. 736. USE OF PERSONAL SERVICES CONTRACTS FOR PROVISION OF HEALTH
CARE SERVICES AND LEGAL PROTECTION FOR PROVIDERS.
(a) Use of Contracts Outside Medical Treatment Facilities.--Section
1091(a) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' before ``The Secretary of
Defense''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary of Defense, and the Secretary of Transportation
with respect to the Coast Guard when it is not operating as a service in
the Navy, may also enter into personal services contracts to carry out
other health care responsibilities of the Secretary (such as the
provision of medical screening examinations at Military Entrance
Processing Stations) at locations outside medical treatment facilities,
as determined necessary pursuant to regulations prescribed by the
Secretary. The Secretary may not enter into a contract under this
paragraph after the end of the one-year period beginning on the date of
the enactment of this paragraph.''.
(b) Defense of Suits.--Section 1089 of such title is amended--
(1) in subsection (a), by adding at the end the following
new sentence: <<NOTE: Applicability.>> ``This subsection shall
also apply if the physician, dentist, nurse, pharmacist, or
paramedical or other supporting personnel (or the estate of such
person) involved is serving under a personal services contract
entered into under section 1091 of this title.''; and
(2) in subsection (f)--
(A) by inserting ``(1)'' after ``(f)''; and
(B) by adding at the end the following new
paragraph:
``(2) With respect to the Secretary of Defense and the Armed Forces
Retirement Home Board, the authority provided by paragraph (1) also
includes the authority to provide for reasonable attorney's fees for
persons described in subsection (a), as determined necessary pursuant to
regulations prescribed by the head of the agency concerned.''.
(c) Report.--Not later than March 31, 1998, the Secretary of Defense
shall submit to Congress a report on the feasible alternative means for
performing the medical screening examinations that are routinely
performed at Military Entrance Processing Stations. The report shall
contain a discussion of the feasibility and cost of the use of--
(1) the TRICARE system for the performance of the
examinations; and
(2) each other alternative identified in the report.
SEC. 737. PORTABILITY OF STATE LICENSES FOR DEPARTMENT OF DEFENSE HEALTH
CARE PROFESSIONALS.
Section 1094 of title 10, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
[[Page 111 STAT. 1815]]
(2) by inserting after subsection (c) the following new
subsection:
``(d)(1) Notwithstanding any law regarding the licensure of health
care providers, a health-care professional described in paragraph (2)
may practice the health profession or professions of the health-care
professional in any State, the District of Columbia, or a Commonwealth,
territory, or possession of the United States, regardless of whether the
practice occurs in a health care facility of the Department of Defense,
a civilian facility affiliated with the Department of Defense, or any
other location authorized by the Secretary of Defense.
``(2) A health-care professional referred to in paragraph (1) is a
member of the armed forces who--
``(A) has a current license to practice medicine,
osteopathic medicine, dentistry, or another health profession;
and
``(B) is performing authorized duties for the Department of
Defense.''.
SEC. 738. <<NOTE: Regulations.>> STANDARD FORM AND REQUIREMENTS
REGARDING CLAIMS FOR PAYMENT FOR SERVICES.
(a) Clarification of Existing Requirements.--Section 1106 of title
10, United States Code, is amended to read as follows:
``Sec. 1106. Submittal of claims: standard form; time limits
``(a) Standard Form.--The Secretary of Defense, after consultation
with the other administering Secretaries, shall prescribe by regulation
a standard form for the submission of claims for the payment of health
care services provided under this chapter.
``(b) Time for Submission.--A claim for payment for services
provided under this chapter shall be submitted as provided in such
regulations not later than one year after the services are provided.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 55 of title 10, United States Code, is amended by striking out
the item relating to section 1106 and inserting in lieu thereof the
following new item:
``1106. Submittal of claims: standard form; time limits.''.
SEC. 739. CHIROPRACTIC HEALTH CARE DEMONSTRATION PROGRAM.
(a) Two-Year Extension.--Subsection (b) of section 731 of the
National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-
337; 10 U.S.C. 1092 note) is amended by striking out ``1997'' and
inserting in lieu thereof ``1999''.
(b) Expansion to at Least Three Additional Treatment Facilities.--
Subsection (a)(2)(A) of such section is amended by striking out ``not
less than 10'' and inserting in lieu thereof ``the National Naval
Medical Center, the Walter Reed Army Medical Center, and not less than
11 other''.
(c) Reports.--Subsection (c) of such section is amended--
(1) by striking paragraph (3); and
(2) by adding at the end the following new paragraphs:
``(3) Not later than January 30, 1998, the Secretary of Defense
shall submit to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives a report
that identifies the additional treatment facilities designated to
furnish chiropractic care under the program that were not so designated
before the report required by paragraph
[[Page 111 STAT. 1816]]
(1) was prepared, together with the plan for the conduct of the program
at the additional treatment facilities.
``(4) Not later than May 1, 1998, the Secretary of Defense shall
modify the plan for evaluating the program submitted pursuant to
paragraph (2) in order to provide for the evaluation of the program at
all of the designated treatment facilities under the program, including
the treatment facilities referred to in paragraph (3).
``(5) Not later than May 1, 2000, the Secretary shall submit to the
committees referred to in paragraph (3) a final report in accordance
with the plan submitted pursuant to paragraph (2).''.
Subtitle E--Other Matters
SEC. 741. CONTINUED ADMISSION OF CIVILIANS AS STUDENTS IN PHYSICIAN
ASSISTANT TRAINING PROGRAM OF ARMY MEDICAL DEPARTMENT.
(a) Civilian Attendance.--(1) Chapter 407 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 4416. Academy of Health Sciences: admission of civilians in
physician assistant training program
``(a) In General.--The Secretary of the Army may, pursuant to an
agreement entered into with an accredited institution of higher
education--
``(1) permit students of the institution to attend the
didactic portion of the physician assistant training program
conducted by the Army Medical Department at the Academy of
Health Sciences at Fort Sam Houston, Texas; and
``(2) accept from the institution academic services to
support the physician assistant training program at the Academy.
``(b) Agreement for Exchange of Services.--An agreement entered into
with an institution of higher education under this section shall require
the institution, in exchange for services provided under paragraph (1)
of subsection (a), to provide academic services described in paragraph
(2) of such subsection that the Secretary and authorized representatives
of the institution consider appropriate.
``(c) <<NOTE: Regulations.>> Selection of Students.--In
consultation with the authorized representatives of the institution of
higher education concerned, the Secretary shall prescribe the
qualifications and methods of selection for students of the institution
to receive instruction at the Academy under this section. The
qualifications shall be comparable to those generally required for
admission to the physician assistant training program at the Academy.
``(d) Rules of Attendance.--Except as the Secretary determines
necessary, a student who receives instruction at the Academy under this
section shall be subject to the same regulations governing attendance,
discipline, discharge, and dismissal as apply to other persons attending
the Academy.
``(e) Limitations.--The Secretary shall ensure the following:
``(1) That the Army Medical Department, in carrying out an
agreement under this section, does not incur costs in excess of
the costs that the department would incur to obtain, by means
other than the agreement, academic services that are
[[Page 111 STAT. 1817]]
comparable to those provided by the institution pursuant to the
agreement.
``(2) That attendance of civilian students at the Academy
under this section does not cause a decrease in the number of
members of the armed forces enrolled in the physician assistant
training program at the Academy.
``(f) Annual Report.--(1) Each year, the Secretary shall submit to
Congress a report on the exchange of services under this section during
the year. The report shall contain the following:
``(A) The number of civilian students who receive
instruction at the Academy under this section.
``(B) An assessment of the benefits derived by the United
States.
``(2) Reports are required under paragraph (1) only for years during
which an agreement is in effect under this section.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``4416. Academy of Health Sciences: admission of civilians in physician
assistant training program.''.
(b) Effect on Existing Demonstration Program.--An agreement entered
into under the demonstration program for the admission of civilians as
physician assistant students at the Academy of Health Sciences, Fort Sam
Houston, Texas, established pursuant to section 732 of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108
Stat. 2810) shall be treated as an agreement entered into under section
4416 of title 10, United States Code (as added by subsection (a)). The
agreement may be extended in such manner and for such period as the
parties to the agreement consider appropriate consistent with section
4416.
SEC. 742. 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 operating under a contract with the Department of
Defense while the member or employee 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 provided under
subsection (a).
SEC. 743. AUTHORITY FOR AGREEMENT FOR USE OF MEDICAL RESOURCE FACILITY,
ALAMOGORDO, NEW MEXICO.
(a) Authority.--(1) The Secretary of the Air Force may enter into an
agreement with Gerald Champion Hospital, Alamogordo, New Mexico, under
which the Secretary may furnish health care services to eligible
individuals in a medical resource facility in Alamogordo, New Mexico,
that is constructed and equipped, in part, using funds provided by the
Secretary under the agreement.
(2) For purposes of this section:
[[Page 111 STAT. 1818]]
(A) The term ``eligible individual'' means any individual
eligible for medical and dental care under chapter 55 of title
10, United States Code, including any member of the uniformed
services entitled to such care under section 1074(a) of that
title.
(B) The terms ``medical resource facility'' and ``facility''
mean the medical resource facility to be constructed and
equipped pursuant to the agreement authorized by paragraph (1).
(C) The term ``Hospital'' means Gerald Champion Hospital,
Alamogordo, New Mexico.
(b) Content of Agreement.--Any agreement entered into under
subsection (a) shall specify, at a minimum, the following:
(1) The relationship between the Hospital and the Secretary
of the Air Force in the provision of health care services to
eligible individuals in the medical resource facility,
including--
(A) whether or not the Secretary and the Hospital
are to use and administer the facility jointly or
independently; and
(B) under what circumstances the Hospital is to act
as a provider of health care services under the managed
care option of the TRICARE program known as TRICARE
Prime.
(2) Matters relating to the administration of the agreement,
including--
(A) the duration of the agreement;
(B) the rights and obligations of the Secretary and
the Hospital under the agreement, including any
contracting or grievance procedures applicable under the
agreement;
(C) the types of care to be provided to eligible
individuals under the agreement, including the cost to
the Department of the Air Force of providing the care to
eligible individuals during the term of the agreement;
(D) the access of Air Force medical personnel to the
facility under the agreement;
(E) the rights and responsibilities of the Secretary
and the Hospital upon termination of the agreement; and
(F) any other matters jointly identified by the
Secretary and the Hospital.
(3) The nature of the arrangement between the Secretary and
the Hospital with respect to the ownership of the facility and
any property under the agreement, including--
(A) the nature of that arrangement while the
agreement is in force;
(B) the nature of that arrangement upon termination
of the agreement; and
(C) any requirement for reimbursement of the
Secretary by the Hospital as a result of the arrangement
upon termination of the agreement.
(4) The amount of the funds made available under subsection
(c) that the Secretary will contribute for the construction and
equipping of the facility.
(5) Any conditions or restrictions relating to the
construction, equipping, or use of the facility.
(c) Availability of Funds for Construction and Equipping of
Facility.--(1) Of the amount authorized to be appropriated
[[Page 111 STAT. 1819]]
pursuant to section 301(4) for operation and maintenance for the Air
Force, not more than $7,000,000 may be used by the Secretary of the Air
Force to make a contribution toward the construction and equipping of
the medical resource facility in the event that the Secretary enters
into the agreement authorized by subsection (a). Notwithstanding any
other provision of law, the Secretary may not use other sources of funds
to make a contribution toward the construction or equipping of the
facility.
(2) Notwithstanding subsection (b)(3) regarding the ownership and
reimbursement issues to be addressed in the agreement authorized by
subsection (a), the Secretary may not contribute funds made available
under paragraph (1) toward the construction and equipping of the
facility unless the agreement requires, in exchange for the
contribution, that the Hospital provide health care services to eligible
individuals without charge to the Secretary or at a reduced rate. The
value of the services provided by the Hospital shall be at least equal
to the amount of the contribution made by the Secretary, and the
Hospital shall complete the provision of services equal in value to the
Secretary's contribution within seven years after the facility becomes
operational. The provision of additional discounted services to be
provided by the Hospital shall be included in the agreement. The value
and types of services to be provided by the Hospital shall be negotiated
in accordance with principles of resource-sharing agreements under the
TRICARE program.
(d) Notice and Wait.--The Secretary of the Air Force may not enter
into the agreement authorized by subsection (a) until 90 days after the
Secretary of Defense submits to the congressional defense committees the
report required by subsection (e).
(e) Report on Proposed Agreement.--The Secretary of Defense shall
submit to Congress a report containing an analysis of, and
recommendations regarding, the agreement proposed to be entered into
under subsection (a), in particular, the implications of the agreement
on regional health care costs and its effect on implementation of the
TRICARE program in the region. The report shall also include a copy of
the agreement, the results of a cost-benefit analysis conducted by the
Secretary of the Air Force with respect to the agreement, and such other
information with respect to the agreement as the Secretary of Defense
and the Secretary of the Air Force considers appropriate. The cost-
benefit analysis shall consider the effects of the agreement on
operation and maintenance and military construction requirements at
Holloman Air Force Base, New Mexico.
(f) Subsequent Reports.--If the Secretary of the Air Force enters
into the agreement authorized by subsection (a), the Secretary shall
submit to Congress an annual report containing a revised cost-benefit
analysis of the consequences of the agreement as in effect during the
year covered by the report, including a full accounting of any cost
savings realized by the Department of the Air Force as a result of the
agreement. A report shall be submitted for each year in which the
agreement is in effect or until the Hospital provides the full value of
health care services required under subsection (c)(2), whichever occurs
first.
[[Page 111 STAT. 1820]]
SEC. <<NOTE: 10 USC 1073 note.>> 744. DISCLOSURES OF CAUTIONARY
INFORMATION ON PRESCRIPTION MEDICATIONS.
(a) Regulations Required.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in consultation
with the administering Secretaries referred to in section 1073 of title
10, United States Code, shall prescribe regulations to require each
source described in subsection (d) that dispenses a prescription
medication to a beneficiary under chapter 55 of such title to include
with the medication the written cautionary information required by
subsection (b).
(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. 745. <<NOTE: 10 USC 1073 note.>> COMPETITIVE PROCUREMENT OF
CERTAIN OPHTHALMIC SERVICES.
(a) Competitive Procurement Required.--Beginning not later than
October 1, 1998, the Secretary of Defense shall competitively procure
from private-sector sources, or other sources outside of the Department
of Defense, all ophthalmic services related to the provision of single
vision and multivision eyeware for members of the Armed Forces, retired
members, and certain covered beneficiaries under chapter 55 of title 10,
United States Code, who would otherwise receive such ophthalmic services
through the Department of Defense.
(b) Exception.--Subsection (a) shall not apply to the extent that
the Secretary of Defense determines that the use of sources within the
Department of Defense to provide such ophthalmic
services--
(1) is necessary to meet the readiness requirements of the
Armed Forces; or
(2) is more cost effective.
(c) Completion of Existing Orders.--Subsection (a) shall not apply
to orders for ophthalmic services received on or before September 30,
1998.
[[Page 111 STAT. 1821]]
SEC. 746. COMPTROLLER GENERAL STUDY OF ADEQUACY AND EFFECT OF MAXIMUM
ALLOWABLE CHARGES FOR PHYSICIANS UNDER CHAMPUS.
(a) Study Required.--The Comptroller General shall conduct a study
regarding the adequacy of the maximum allowable charges for physicians
established under the Civilian Health and Medical Program of the
Uniformed Services (CHAMPUS) and the effect of such charges on the
participation of physicians in CHAMPUS. The study shall include an
evaluation of the following:
(1) The methodology used by the Secretary of Defense to
establish maximum allowable charges for physicians under
CHAMPUS, and whether such methodology conforms to the
requirements of section 1079(h) of title 10, United States Code.
(2) The differences between the established charges under
CHAMPUS and reimbursement rates for similar services under title
XVIII of the Social Security Act and other health care programs.
(3) The basis for physician complaints that the CHAMPUS
established charges are too low.
(4) The difficultly of CHAMPUS in ensuring physician
compliance with the CHAMPUS established charges in the absence
of legal mechanisms to enforce compliance, and the effect of
noncompliance on patient out-of-pocket expenses.
(5) The effect of the established charges under CHAMPUS on
the participation of physicians in CHAMPUS, and the extent and
success of Department of Defense efforts to increase physician
participation in areas with low participation rates.
(b) Submission of Report.--Not later than March 1, 1998, the
Comptroller General shall submit to Congress a report containing the
results of the study required by subsection (a).
SEC. 747. COMPTROLLER GENERAL STUDY OF DEPARTMENT OF DEFENSE PHARMACY
PROGRAMS.
(a) Study.--Not later than March 31, 1998, the Comptroller General
shall submit to Congress a study evaluating the pharmacy programs of the
Department of Defense. The study shall examine the impact of such
pharmacy programs on the aggregate cost, quality, and accessibility of
health care provided to covered beneficiaries under chapter 55 of title
10, United States Code, and shall include an examination of the
following:
(1) The merits and feasibility of establishing a uniform
formulary for military treatment facility pharmacies and
civilian contractor pharmacy benefit administrators.
(2) The reasons that military treatment facilities deny
covered beneficiaries access to pharmacy care and shift such
beneficiaries to other sources of pharmacy care.
(3) The merits and feasibility of using private sector cost
control mechanisms implemented by authorized civilian
contractors in the Department of Defense medical programs, and
the existence of any barriers to the use of such mechanisms,
including factors that may undermine the incentives of such
contractors to optimize treatment outcomes in managing the care
of covered beneficiaries without exceeding budgeted resources.
(4) The cost impacts, if any, of the use of commercial
managed care methods of furnishing pharmaceuticals to covered
beneficiaries by TRICARE program contractors instead of
[[Page 111 STAT. 1822]]
procuring pharmaceuticals at discounted prices pursuant to
section 8126 of title 38, United States Code.
(5) The existence of options for increasing the discounts
available to TRICARE program contractors without undermining
controls for preventing diversion of items procured by the
Department of Defense to nonmilitary populations.
(b) <<NOTE: Reports.>> Response to Study.--Not later than 90 days
after the Comptroller General submits to Congress the study required by
subsection (a), the Secretary of Defense shall submit to Congress a
report on the feasibility and advisability of implementing changes to
the pharmacy programs of the Department of Defense based on the findings
and conclusions of the study.
SEC. 748. COMPTROLLER GENERAL STUDY OF NAVY GRADUATE MEDICAL EDUCATION
PROGRAM.
(a) Study Required.--The Comptroller General shall conduct a study
to evaluate the validity of the recommendations made by the Medical
Education Policy Council of the Bureau of Medicine and Surgery of the
Navy regarding restructuring the graduate medical education program of
the Department of the Navy. The study shall specifically address the
Council's recommendations relating to residency training conducted at
the Naval Medical Center, Portsmouth, Virginia, and the National Naval
Medical Center, Bethesda, Maryland.
(b) Submission of Report.--Not later than March 1, 1998, the
Comptroller General shall submit to Congress and the Secretary of the
Navy a report containing the results of the study required by subsection
(a).
(c) Moratorium on Restructuring.--Until the report required by
subsection (b) is submitted to Congress, the Secretary of the Navy may
not make any change in the types of residency programs conducted under
the Navy graduate medical education program or the locations at which
such residency programs are conducted or otherwise restructure the Navy
graduate medical education program.
<<NOTE: Reports.>> SEC. 749. STUDY OF EXPANSION OF PHARMACEUTICALS BY
MAIL PROGRAM TO INCLUDE ADDITIONAL MEDICARE-ELIGIBLE COVERED
BENEFICIARIES.
Not later than six months after the date of the enactment of this
Act, the Secretary of Defense shall submit to Congress a report
regarding the feasibility and advisability of expanding the category of
persons eligible to participate in the demonstration project for the
purchase of prescription pharmaceuticals by mail, as required by section
702(a) of the National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484; 10 U.S.C. 1079 note), to include persons referred
to in subsection (c) of section 1086 of title 10, United States Code,
who are covered by subsection (d)(1) of such section and reside in the
United States outside of the catchment area of a medical treatment
facility of the uniformed services.
SEC. 750. COMPTROLLER GENERAL STUDY OF REQUIREMENT FOR MILITARY MEDICAL
FACILITIES IN NATIONAL CAPITAL REGION.
(a) Study Required.--The Comptroller General shall conduct a study
to evaluate the requirements for Army, Navy, and Air Force medical
facilities in the National Capital Region (as defined
[[Page 111 STAT. 1823]]
in section 2674(f)(2) of title 10, United States Code). The study
shall--
(1) specifically address requirements with respect to
geography, facilities, integrated residencies, and medical
environments; and
(2) provide specific recommendations with respect to how
medical and health care provided by these facilities may be
better coordinated to more efficiently serve, throughout the
National Capital Region, members of the Armed Forces on active
duty and covered beneficiaries under chapter 55 of title 10,
United States Code.
(b) Submission of Report.--Not later than six months after the date
of the enactment of this Act, the Comptroller General shall submit to
Congress and the Secretary of Defense a report containing the results of
the study required by subsection (a).
SEC. 751. REPORT ON POLICIES AND PROGRAMS TO PROMOTE HEALTHY LIFESTYLES
FOR MEMBERS OF THE ARMED FORCES AND THEIR DEPENDENTS.
(a) Report.--Not later than March 30, 1998, the Secretary of Defense
shall submit to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives a report
on the effectiveness of the policies and programs of the Department of
Defense intended to promote healthy lifestyles for members of the Armed
Forces and their dependents.
(b) Policies and Programs To Be Assessed.--The report under
subsection (a) shall include an assessment of the effectiveness of the
following:
(1) Programs intended to educate members of the Armed Forces
and their dependents about the potential health consequences of
the use of alcohol and tobacco.
(2) Policies of the commissaries, post exchanges, and
service clubs, and for entertainment activities of the
Department of Defense, relating to the sale and use of alcohol
and tobacco.
(3) Programs intended to provide support to members of the
Armed Forces and their dependents who choose to reduce or
eliminate their use of alcohol or tobacco.
(4) Any other policies or programs intended to promote
healthy lifestyles for members of the Armed Forces and their
dependents.
SEC. 752. SENSE OF CONGRESS REGARDING QUALITY HEALTH CARE FOR RETIREES.
(a) Findings.--Congress makes the following findings:
(1) Many retired military personnel believe that they were
promised lifetime health care in exchange for 20 or more years
of service.
(2) Military retirees are the only Federal Government
personnel who have been prevented from using their employer-
provided health care at or after 65 years of age.
(3) Military health care has become increasingly difficult
to obtain for military retirees as the Department of Defense
reduces its health care infrastructure.
(4) Military retirees deserve to have a health care program
that is at least comparable with that of retirees from civilian
employment by the Federal Government.
[[Page 111 STAT. 1824]]
(5) The availability of quality, lifetime health care is a
critical recruiting incentive for the Armed Forces.
(6) Quality health care is a critical aspect of the quality
of life of the men and women serving in the Armed Forces.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States has incurred a moral obligation to
provide health care to members and former members of the Armed
Forces who are entitled to retired or retainer pay (or its
equivalent);
(2) it is, therefore, necessary to provide quality,
affordable health care to such retirees; and
(3) Congress and the President should take steps to address
the problems associated with the availability of health care for
such retirees within two years after the date of the enactment
of this Act.
Subtitle F--Persian Gulf Illness
<<NOTE: 10 USC 1074 note.>> SEC. 761. DEFINITIONS.
For purposes of this subtitle:
(1) The term ``Gulf War illness'' means any one of the
complex of illnesses and symptoms that might have been
contracted by members of the Armed Forces as a result of service
in the Southwest Asia theater of operations during the Persian
Gulf War.
(2) The term ``Persian Gulf War'' has the meaning given that
term in section 101 of title 38, United States Code.
(3) The term ``Persian Gulf veteran'' means an individual
who served on active duty in the Armed Forces in the Southwest
Asia theater of operations during the Persian Gulf War.
(4) The term ``contingency operation'' has the meaning given
that term in section 101(a) of title 10, United States Code, and
includes a humanitarian operation, peacekeeping operation, or
similar operation.
<<NOTE: 10 USC 1074 note.>> SEC. 762. PLAN FOR HEALTH CARE SERVICES FOR
PERSIAN GULF VETERANS.
(a) Plan Required.--The Secretary of Defense and the Secretary of
Veterans Affairs, acting jointly, shall prepare a plan to provide
appropriate health care to Persian Gulf veterans (and dependents
eligible by law) who suffer from a Gulf War illness.
(b) Contents of Plan.--In preparing the plan, the Secretaries
shall--
(1) use the presumptions of service connection and illness
specified in paragraphs (1) and (2) of section 721(d) of the
National Defense Authorization Act for Fiscal Year 1995 (Public
Law 103-337; 10 U.S.C. 1074 note) to determine the Persian Gulf
veterans (and dependents eligible by law) who should be covered
by the plan;
(2) consider the need and methods available to provide
health care services to Persian Gulf veterans who are no longer
on active duty in the Armed Forces, such as Persian Gulf
veterans who are members of the reserve components and Persian
Gulf veterans who have been separated from the Armed Forces; and
[[Page 111 STAT. 1825]]
(3) estimate the costs to the Government of providing full
or partial health care services under the plan to covered
Persian Gulf veterans (and covered dependents eligible by law).
(c) Follow-up Treatment.--The plan required by subsection (a) shall
specifically address the measures to be used to monitor the quality,
appropriateness, and effectiveness of, and patient satisfaction with,
health care services provided to Persian Gulf veterans after their
initial medical examination as part of registration in the Persian Gulf
War Veterans Health Registry or the Comprehensive Clinical Evaluation
Program.
(d) Submission of Plan.--Not later than March 1, 1998, the
Secretaries shall submit to Congress the plan required by subsection
(a).
SEC. 763. COMPTROLLER GENERAL STUDY OF REVISED DISABILITY CRITERIA FOR
PHYSICAL EVALUATION BOARDS.
Not later than March 1, 1998, the Comptroller General shall submit
to Congress a study evaluating the revisions made by the Secretary of
Defense (as required by section 721(e) of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 10 U.S.C.
1074 note)) to the Physical Evaluation Board criteria used to set
disability ratings for members of the Armed Forces who are no longer
medically qualified for continuation on active duty so as to ensure
accurate disability ratings related to a diagnosis of a Gulf War
illness.
SEC. 764. MEDICAL CARE FOR CERTAIN RESERVES WHO SERVED IN SOUTHWEST ASIA
DURING THE PERSIAN GULF WAR.
(a) In General.--Chapter 55 of title 10, United States Code, is
amended by inserting after section 1074d the following new section:
``Sec. 1074e. Medical care: certain Reserves who served in Southwest
Asia during the Persian Gulf Conflict
``(a) Entitlement to Medical Care.--A member of the armed forces
described in subsection (b) is entitled to medical care for a qualifying
Persian Gulf symptom or illness to the same extent and under the same
conditions (other than the requirement that the member be on active
duty) as a member of a uniformed service who is entitled to such care
under section 1074(a) of this title.
``(b) Covered Members.--Subsection (a) applies to a member of a
reserve component who--
``(1) is a Persian Gulf veteran;
``(2) has a qualifying Persian Gulf symptom or illness; and
``(3) is not otherwise entitled to medical care for such
symptom or illness under this chapter and is not otherwise
eligible for hospital care and medical services for such symptom
or illness under section 1710 of title 38.
``(c) Definitions.--In this section:
``(1) The term `Persian Gulf veteran' means a member of the
armed forces who served on active duty in the Southwest Asia
theater of operations during the Persian Gulf Conflict.
``(2) The term `qualifying Persian Gulf symptom or illness'
means, with respect to a member described in subsection (b), a
symptom or illness--
``(A) that the member registered before September 1,
1997, in the Comprehensive Clinical Evaluation Program
[[Page 111 STAT. 1826]]
of the Department of Defense and that is presumed under
section 721(d) of the National Defense Authorization Act
for Fiscal Year 1995 (10 U.S.C. 1074 note) to be a
result of service in the Southwest Asia theater of
operations during the Persian Gulf Conflict; or
``(B) that the member registered before September 1,
1997, in the Persian Gulf War Veterans Health Registry
maintained by the Department of Veterans Affairs
pursuant to section 702 of the Persian Gulf War
Veterans' Health Status Act (38 U.S.C. 527 note).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1074d the following new item:
``1074e. Medical care: certain Reserves who served in Southwest Asia
during the Persian Gulf Conflict.''.
SEC. 765. IMPROVED MEDICAL TRACKING SYSTEM FOR MEMBERS DEPLOYED OVERSEAS
IN CONTINGENCY OR COMBAT OPERATIONS.
(a) System Required.--(1) Chapter 55 of title 10, United States
Code, is amended by inserting after section 1074e (as added by section
764) the following new section:
``Sec. 1074f. Medical tracking system for members deployed overseas
``(a) System Required.--The Secretary of Defense shall establish a
system to assess the medical condition of members of the armed forces
(including members of the reserve components) who are deployed outside
the United States or its territories or possessions as part of a
contingency operation (including a humanitarian operation, peacekeeping
operation, or similar operation) or combat operation.
``(b) Elements of System.--The system described in subsection (a)
shall include the use of predeployment medical examinations and
postdeployment medical examinations (including an assessment of mental
health and the drawing of blood samples) to accurately record the
medical condition of members before their deployment and any changes in
their medical condition during the course of their deployment. The
postdeployment examination shall be conducted when the member is
redeployed or otherwise leaves an area in which the system is in
operation (or as soon as possible thereafter).
``(c) Recordkeeping.--The results of all medical examinations
conducted under the system, records of all health care services
(including immunizations) received by members described in subsection
(a) in anticipation of their deployment or during the course of their
deployment, and records of events occurring in the deployment area that
may affect the health of such members shall be retained and maintained
in a centralized location to improve future access to the records.
``(d) Quality Assurance.--The Secretary of Defense shall establish a
quality assurance program to evaluate the success of the system in
ensuring that members described in subsection (a) receive predeployment
medical examinations and postdeployment medical examinations and that
the recordkeeping requirements with respect to the system are met.''.
[[Page 111 STAT. 1827]]
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1074e (as added
by section 764) the following new item:
``1074f. Medical tracking system for members deployed overseas.''.
(b) Report.--Not later than March 1, 1998, the Secretary of Defense
shall submit to Congress an analysis of the administrative implications
of establishing and administering the medical tracking system required
by section 1074f of title 10, United States Code, as added by subsection
(a). The report shall include, for fiscal year 1999 and the 5 successive
fiscal years, a separate analysis and specification of the projected
costs and operational considerations for each of the following required
aspects of the system:
(1) Predeployment medical examinations.
(2) Postdeployment medical examinations.
(3) Recordkeeping.
SEC. 766. NOTICE OF USE OF INVESTIGATIONAL NEW DRUGS OR DRUGS UNAPPROVED
FOR THEIR APPLIED USE.
(a) Notice Requirements.--Chapter 55 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 1107. Notice of use of an investigational new drug or a drug
unapproved for its applied use
``(a) Notice Required.--(1) Whenever the Secretary of Defense
requests or requires a member of the armed forces to receive an
investigational new drug or a drug unapproved for its applied use, the
Secretary shall provide the member with notice containing the
information specified in subsection (d).
``(2) The Secretary shall also ensure that health care providers who
administer an investigational new drug or a drug unapproved for its
applied use, or who are likely to treat members who receive such a drug,
receive the information required to be provided under paragraphs (3) and
(4) of subsection (d).
``(b) Time of Notice.--The notice required to be provided to a
member under subsection (a)(1) shall be provided before the
investigational new drug or drug unapproved for its applied use is first
administered to the member, if practicable, but in no case later than 30
days after the drug is first administered to the member.
``(c) Form of Notice.--The notice required under subsection (a)(1)
shall be provided in writing unless the Secretary of Defense determines
that the use of written notice is impractical because of the number of
members receiving the investigational new drug or drug unapproved for
its applied use, time constraints, or similar reasons. If the Secretary
provides notice under subsection (a)(1) in a form other than in writing,
the Secretary shall submit to Congress a report describing the
notification method used and the reasons for the use of the alternative
method.
``(d) Content of Notice.--The notice required under subsection
(a)(1) shall include the following:
``(1) Clear notice that the drug being administered is an
investigational new drug or a drug unapproved for its applied
use.
``(2) The reasons why the investigational new drug or drug
unapproved for its applied use is being administered.
[[Page 111 STAT. 1828]]
``(3) Information regarding the possible side effects of the
investigational new drug or drug unapproved for its applied use,
including any known side effects possible as a result of the
interaction of such drug with other drugs or treatments being
administered to the members receiving such drug.
``(4) Such other information that, as a condition of
authorizing the use of the investigational new drug or drug
unapproved for its applied use, the Secretary of Health and
Human Services may require to be disclosed.
``(e) Records of Use.--The Secretary of Defense shall ensure that
the medical records of members accurately document--
``(1) the receipt by members of any investigational new drug
or drug unapproved for its applied use; and
``(2) the notice required by subsection (a)(1).
``(f) Definitions.--In this section:
``(1) The term `investigational new drug' means a drug
covered by section 505(i) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355(i)).
``(2) The term `drug unapproved for its applied use' means a
drug administered for a use not described in the approved
labeling of the drug under section 505 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1107. Notice of use of an investigational new drug or a drug
unapproved for its
applied use.''.
SEC. 767. REPORT ON PLANS TO TRACK LOCATION OF MEMBERS IN A THEATER OF
OPERATIONS.
Not later than March 1, 1998, the Secretary of Defense shall submit
to Congress a report containing a plan for collecting and maintaining
information regarding the daily location of units of the Armed Forces,
and to the extent practicable individual members of such units, serving
in a theater of operations during a contingency operation or combat
operation.
SEC. 768. SENSE OF CONGRESS REGARDING THE DEPLOYMENT OF SPECIALIZED
UNITS FOR DETECTING AND MONITORING CHEMICAL, BIOLOGICAL, AND
SIMILAR HAZARDS IN A THEATER OF OPERATIONS.
It is the sense of Congress that the Secretary of Defense, in
conjunction with the Chairman of the Joint Chiefs of Staff, should take
such actions as are necessary to ensure that the units of the Armed
Forces deployed in the theater of operations for each contingency
operation or combat operation include specialized units with sufficient
capability (including personnel with the appropriate training and
expertise, and the appropriate equipment) to detect and monitor the
presence of chemical, biological, and similar hazards to which members
of the Armed Forces could be exposed in that theater during the
operation.
SEC. 769. REPORT ON EFFECTIVENESS OF RESEARCH EFFORTS REGARDING GULF WAR
ILLNESSES.
Not later than March 1, 1998, the Secretary of Defense shall submit
to Congress a report evaluating the effectiveness of medical research
initiatives regarding Gulf War illnesses. The report shall address the
following:
[[Page 111 STAT. 1829]]
(1) The type and effectiveness of previous research efforts,
including the activities undertaken pursuant to section 743 of
the National Defense Authorization Act for Fiscal Year 1997
(Public Law 104-201; 10 U.S.C. 1074 note), section 722 of the
National Defense Authorization Act for Fiscal Year 1995 (Public
Law 103-337; 10 U.S.C. 1074 note), and sections 270 and 271 of
the National Defense Authorization Act for Fiscal Year 1994
(Public Law 103-160; 107 Stat. 1613).
(2) Recommendations regarding additional research regarding
Gulf War illnesses, including research regarding the nature and
causes of Gulf War illnesses and appropriate treatments for such
illnesses.
(3) The adequacy of Federal funding and the need for
additional funding for medical research initiatives regarding
Gulf War illnesses.
SEC. 770. <<NOTE: 10 USC 1074 note.>> PERSIAN GULF ILLNESS CLINICAL
TRIALS PROGRAM.
(a) Findings.--Congress finds the following:
(1) There are many ongoing studies that investigate risk
factors which may be associated with the health problems
experienced by Persian Gulf veterans; however, there have been
no studies that examine health outcomes and the effectiveness of
the treatment received by such veterans.
(2) The medical literature and testimony presented in
hearings on Gulf War illnesses indicate that there are
therapies, such as cognitive behavioral therapy, that have been
effective in treating patients with symptoms similar to those
seen in many Persian Gulf veterans.
(b) Establishment of Program.--The Secretary of Defense and the
Secretary of Veterans Affairs, acting jointly, shall establish a program
of cooperative clinical trials at multiple sites to assess the
effectiveness of protocols for treating Persian Gulf veterans who suffer
from ill-defined or undiagnosed conditions. Such protocols shall include
a multidisciplinary treatment model, of which cognitive behavioral
therapy is a component.
(c) Funding.--Of the funds authorized to be appropriated in section
201(1) for research, development, test, and evaluation for the Army, the
sum of $4,500,000 shall be available for program element 62787A (medical
technology) in the budget of the Department of Defense for fiscal year
1998 to carry out the clinical trials program established pursuant to
subsection (b).
SEC. 771. SENSE OF CONGRESS CONCERNING GULF WAR ILLNESS.
(a) Findings.--Congress makes the following findings:
(1) Americans served in the Persian Gulf Conflict of 1991 in
defense of vital national security interests of the United
States.
(2) It was known to United States intelligence and military
commanders that biological and chemical agents were in theater
throughout the conflict.
(3) An undetermined amount of these agents were released
into theater.
(4) A large number of United States military veterans and
allied veterans who served in the Southwest Asia theater of
operations have been stricken with a variety of severe
illnesses.
[[Page 111 STAT. 1830]]
(5) Previous efforts to discern the causes of those
illnesses have been inadequate, and those illnesses are
affecting the health of both veterans and their families.
(b) Sense of Congress.--It is the sense of Congress that all
promising technology and treatments relating to Gulf War illnesses
should be fully explored and tested to facilitate treatment for members
of the Armed Forces and veterans who served the United States in the
Persian Gulf conflict and are stricken with unexplainable illness.
TITLE VIII--ACQUISITION POLICY,
ACQUISITION MANAGEMENT, AND
RELATED MATTERS
Subtitle A--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 801. Expansion of authority to enter into contracts crossing fiscal
years to all severable service contracts not exceeding a
year.
Sec. 802. Vesting of title in the United States under contracts paid
under progress payment arrangements or similar arrangements.
Sec. 803. Restriction on undefinitized contract actions.
Sec. 804. Limitation and report on payment of restructuring costs under
defense contracts.
Sec. 805. Increased price limitation on purchases of right-hand drive
vehicles.
Sec. 806. Multiyear procurement contracts.
Sec. 807. Audit of procurement of military clothing and clothing-related
items by military installations in the United States.
Sec. 808. Limitation on allowability of compensation for certain
contractor personnel.
Sec. 809. Elimination of certification requirement for grants.
Sec. 810. Repeal of limitation on adjustment of shipbuilding contracts.
Sec. 811. Item-by-item and country-by-country waivers of domestic source
limitations.
Subtitle B--Acquisition Assistance Programs
Sec. 821. One-year extension of pilot mentor-protege program.
Sec. 822. Test program for negotiation of comprehensive subcontracting
plans.
Subtitle C--Administrative Provisions
Sec. 831. Retention of expired funds during the pendency of contract
litigation.
Sec. 832. Protection of certain information from disclosure.
Sec. 833. Unit cost reports.
Sec. 834. Plan for providing contracting information to general public
and small businesses.
Sec. 835. Two-year extension of crediting of certain purchases toward
meeting
subcontracting goals.
Subtitle D--Other Matters
Sec. 841. Repeal of certain acquisition requirements and reports
Sec. 842. Use of major range and test facility installations by
commercial entities.
Sec. 843. Requirement to develop and maintain list of firms not eligible
for defense contracts.
Sec. 844. Sense of Congress regarding allowability of costs of employee
stock ownership plans.
Sec. 845. Expansion of personnel eligible to participate in
demonstration project
relating to acquisition workforce.
Sec. 846. Time for submission of annual report relating to Buy American
Act.
Sec. 847. Repeal of requirement for contractor guarantees on major
weapon
systems.
Sec. 848. Requirements relating to micro-purchases.
Sec. 849. Promotion rate for officers in an acquisition corps.
Sec. 850. Use of electronic commerce in Federal procurement.
Sec. 851. Conformance of policy on performance based management of
civilian
acquisition programs with policy established for defense
acquisition programs.
[[Page 111 STAT. 1831]]
Sec. 852. Modification of process requirements for the solutions-based
contracting pilot program.
Sec. 853. Guidance and standards for defense acquisition workforce
training
requirements.
Sec. 854. Study and report to Congress assessing dependence on foreign
sources for resistors and capacitors.
Sec. 855. Department of Defense and Federal Prison Industries joint
study.
Subtitle A--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 801. EXPANSION OF AUTHORITY TO ENTER INTO CONTRACTS CROSSING 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, the Secretary of a
military department, or the Secretary of Transportation with respect to
the Coast Guard when it is not operating as a service in the Navy, 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. 802. 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.''.
SEC. 803. 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
[[Page 111 STAT. 1832]]
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. 804. LIMITATION AND REPORT ON PAYMENT OF RESTRUCTURING COSTS UNDER
DEFENSE CONTRACTS.
(a) In General.--(1) Chapter 137 of title 10, United States Code, is
amended by inserting after section 2324 the following new section:
``Sec. 2325. Restructuring costs
``(a) Limitation on Payment of Restructuring Costs.--(1) The
Secretary of Defense may not pay, under section 2324 of this title, a
defense contractor for restructuring costs associated with a business
combination of the contractor unless the Secretary determines in writing
either--
``(A) that the amount of projected savings for the
Department of Defense associated with the restructuring will be
at least twice the amount of the costs allowed; or
``(B) that the amount of projected savings for the
Department of Defense associated with the restructuring will
exceed the amount of the costs allowed and that the business
combination will result in the preservation of a critical
capability that otherwise might be lost to the Department.
``(2) The Secretary may not delegate the authority to make a
determination under paragraph (1) to an official of the Department of
Defense below the level of an Assistant Secretary of Defense.
``(b) Report.--Not later than March 1 in each of 1998, 1999, 2000,
2001, and 2002, the Secretary of Defense shall submit to Congress a
report that contains, with respect to business combinations occurring on
or after August 15, 1994, the following:
``(1) For each defense contractor to which the Secretary has
paid, under section 2324 of this title, restructuring costs
associated with a business combination, a summary of the
following:
``(A) An estimate of the amount of savings for the
Department of Defense associated with the restructuring
that has been realized as of the end of the preceding
calendar year.
``(B) An estimate of the amount of savings for the
Department of Defense associated with the restructuring
that is expected to be achieved on defense contracts.
``(2) An identification of any business combination for
which the Secretary has paid restructuring costs under section
2324 of this title during the preceding calendar year and, for
each such business combination--
``(A) the supporting rationale for allowing such
costs;
[[Page 111 STAT. 1833]]
``(B) factual information associated with the
determination made under subsection (a) with respect to
such costs; and
``(C) a discussion of whether the business
combination would have proceeded without the payment of
restructuring costs by the Secretary.
``(3) For business combinations of major defense contractors
that took place during the year preceding the year of the
report--
``(A) an assessment of any potentially adverse
effects that the business combinations 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; and
``(B) the actions taken to mitigate the potentially
adverse effects.
``(c) Definition.--In this section, the term `business combination'
includes a merger or acquisition.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2324 the
following new item:
``2325. Restructuring costs.''.
(b) GAO <<NOTE: 10 USC 2325 note.>> Reports.--(1) Not later than
April 1, 1998, the Comptroller General shall--
(A) in consultation with appropriate officials in the
Department of Defense--
(i) identify major market areas affected by business
combinations of defense contractors since January 1,
1990; and
(ii) develop a methodology for determining the
savings from 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 savings from 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), as well
as a description of the methodology.
(C) Any recommendations that the Comptroller General
considers appropriate.
[[Page 111 STAT. 1834]]
(3) In this subsection, the term ``business combination'' has the
meaning given that term in section 2325(c) of title 10, United States
Code, as added by subsection (a).
(c) Effective Date.--Section <<NOTE: 10 USC 2325 note.>> 2325(a) of
title 10, United States Code, as added by subsection (a), shall apply
with respect to business combinations that occur after the date of the
enactment of this Act.
(d) Repeal of Superseded Provisions.--Subsections (a) and (g)(3) of
section 818 of the National Defense Authorization Act for Fiscal Year
1995 (10 U.S.C. 2324 note) are repealed.
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. MULTIYEAR PROCUREMENT CONTRACTS.
(a) Requirement for Authorization by Law in Acts Other Than
Appropriations Acts.--(1) Subsection (i) of section 2306b of title 10,
United States Code, is amended by adding at the end the following new
paragraph:
``(3) In the case of the Department of Defense, a multiyear contract
in an amount equal to or greater than $500,000,000 may not be entered
into for any fiscal year under this section unless the contract is
specifically authorized by law in an Act other than an appropriations
Act.''.
(2) Paragraph <<NOTE: 10 USC 2306b note.>> (3) of section 2306b(i)
of title 10, United States Code, as added by paragraph (1), shall not
apply with respect to a contract authorized by law before the date of
the enactment of this Act.
(b) Codification of Annual Recurring Multiyear Procurement
Requirements.--(1) Such section is further amended by adding at the end
the following new subsection:
``(l) Various Additional Requirements With Respect to Multiyear
Defense Contracts.--(1)(A) The head of an agency may not initiate a
contract described in subparagraph (B) unless the congressional defense
committees are notified of the proposed contract at least 30 days in
advance of the award of the proposed contract.
``(B) Subparagraph (A) applies to the following contracts:
``(i) A multiyear contract--
``(I) that employs economic order quantity
procurement in excess of $20,000,000 in any one year of
the contract; or
``(II) that includes an unfunded contingent
liability in excess of $20,000,000.
``(ii) Any contract for advance procurement leading to a
multiyear contract that employs economic order quantity
procurement in excess of $20,000,000 in any one year.
``(2) The head of an agency may not initiate a multiyear contract
for which the economic order quantity advance procurement is not funded
at least to the limits of the Government's liability.
``(3) The head of an agency may not initiate a multiyear procurement
contract for any system (or component thereof) if the value of the
multiyear contract would exceed $500,000,000 unless authority for the
contract is specifically provided in an appropriations Act.
[[Page 111 STAT. 1835]]
``(4) The head of an agency may not terminate a multiyear
procurement contract until 10 days after the date on which notice of the
proposed termination is provided to the congressional defense
committees.
``(5) The execution of multiyear contracting authority shall require
the use of a present value analysis to determine lowest cost compared to
an annual procurement.
``(6) This subsection does not apply to the National Aeronautics and
Space Administration or to the Coast Guard.
``(7) In this subsection, the term `congressional defense
committees' means the following:
``(A) The Committee on Armed Services of the Senate and the
Subcommittee on Defense of the Committee on Appropriations of
the Senate.
``(B) The Committee on National Security of the House of
Representatives and the Subcommittee on National Security of the
Committee on Appropriations of the House of Representatives.''.
(2) The amendment made <<NOTE: Effective date. 10 USC 2306b note.>>
by paragraph (1) shall take effect on October 1, 1998.
(c) Technical and Conforming Amendments.--Such section is further
amended as follows:
(1) Subsection (a) is amended--
(A) by striking out ``finds--'' in the matter
preceding paragraph (1) and inserting in lieu thereof
``finds each of the following:'';
(B) by capitalizing the initial letter of the first
word in each of paragraphs (1) through (6);
(C) by striking out the semicolon at the end of
paragraphs (1) through (4) and inserting in lieu thereof
a period; and
(D) by striking out ``; and'' at the end of
paragraph (5) and inserting in lieu thereof a period.
(2) Subsection (d)(1) is amended by striking out ``paragraph
(1)'' and inserting in lieu thereof ``subsection (a)''.
(3) Subsection (i)(1) is amended by striking ``five-year''
and inserting in lieu thereof ``future-years''.
SEC. 807. AUDIT OF PROCUREMENT OF MILITARY CLOTHING AND CLOTHING-RELATED
ITEMS BY MILITARY INSTALLATIONS IN THE UNITED STATES.
(a) Audit Requirement.--Not later than September 30, 1998, the
Inspector General of the Department of Defense shall perform an audit of
purchases of military clothing and clothing-related items in excess of
the micro-purchase threshold by military installations during fiscal
years 1996 and 1997 to determine the extent to which such installations
procured military clothing and clothing-related items in violation of
the Buy American Act (41 U.S.C. 10a et seq.) during those fiscal years.
(b) Installations To Be Audited.--The audit under subsection (a)--
(1) shall include an audit of the procurement of military
clothing and clothing-related items by a military installation
of each of the Army, Navy, Air Force, and Marine Corps; and
(2) shall not cover procurements of clothing and clothing-
related items by the Defense Logistics Agency.
[[Page 111 STAT. 1836]]
(c) Definition.--The term ``micro-purchase threshold'' has the
meaning provided by section 32(f) of the Office of Federal Procurement
Policy Act (41 U.S.C. 428(f)).
(d) Report.--Not later than October 31, 1998, the Inspector General
of the Department of Defense shall submit to Congress a report on the
results of the audit performed under subsection (a).
SEC. 808. 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, regardless of the contract
funding source, 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 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.
``(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 four 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 which report directly to the contractor's
headquarters, the five most highly compensated employees
in management positions at each such component.
``(6) The term `fiscal year' means a fiscal year established
by a contractor for accounting purposes.''.
(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, regardless of the contract
funding source, 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:
[[Page 111 STAT. 1837]]
``(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 four 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 which report directly to the contractor's
headquarters, the five most highly compensated
individuals in management positions at each such
component.
``(3) The term `fiscal year' means a fiscal year established
by a contractor for accounting purposes.''.
(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 <<NOTE: 41 USC 435.>> 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 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
corporation, means--
``(A) the chief executive officer of the corporation
or any individual acting in a similar capacity for the
corporation;
``(B) the four most highly compensated employees in
management positions of the corporation other than the
chief executive officer; and
[[Page 111 STAT. 1838]]
``(C) in the case of a corporation that has
components which report directly to the corporate
headquarters, the five most highly compensated
individuals in management positions at each such
component.
``(3) The term `benchmark corporation', with respect to a
fiscal year, means a publicly-owned United States corporation
that has annual sales in excess of $50,000,000 for the fiscal
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.
``(5) The term `fiscal year' means a fiscal year established
by a contractor for accounting purposes.''.
(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 <<NOTE: 41 USC 435 note.>>
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.--The <<NOTE: 41 USC 435 note.>> amendments made
by this section shall--
(1) take effect on the date that is 90 days after the date
of the enactment of this Act; and
(2) apply with respect <<NOTE: Applicability.>> to costs of
compensation incurred after January 1, 1998, under covered
contracts entered into before, on, or after the date of the
enactment of this Act.
(f) Exclusive <<NOTE: 41 USC 435 note.>> Applicability.--
Notwithstanding any other provision of law, no other limitation in law
on the allowability of costs of compensation of senior executives under
covered contracts shall apply to such costs of compensation incurred
after January 1, 1998.
(g) Definitions.--In <<NOTE: 41 USC 435 note.>> this section:
(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)).
(2) The terms ``compensation'' and ``senior executive'' have
the meanings given such terms in section 2324(l) of title 10,
United States Code, and section 306(m) of the Federal Property
and Administrative Services Act of 1949.
SEC. 809. 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);
[[Page 111 STAT. 1839]]
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively; and
(C) in subparagraph (A), as so redesignated, by
striking out ``such certification by failing to carry
out''.
SEC. 810. 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 <<NOTE: 10 USC 2405 note.>> as
provided in paragraph (2), the repeal made by subsection (a) shall be
effective with respect 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 the claim, request, or demand)
denied or dismissed the claim, request, or demand (or the
appeal), and the action of the court or board became final and
unappealable before such date; or
(C) the contractor released or releases the claim, request,
or demand.
SEC. 811. ITEM-BY-ITEM AND COUNTRY-BY-COUNTRY WAIVERS OF DOMESTIC SOURCE
LIMITATIONS.
(a) Item-by-Item and Country-by-Country Implementation of Certain
Waiver Authority.--Section 2534 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(i) Implementation of Certain Waiver Authority.--(1) The Secretary
of Defense may exercise the waiver authority described in paragraph (2)
only if the waiver is made for a particular item listed in subsection
(a) and for a particular foreign country.
``(2) This <<NOTE: Applicability.>> subsection applies to the
waiver authority provided by subsection (d) on the basis of the
applicability of paragraph (2) or (3) of that subsection.
``(3) The waiver authority described in paragraph (2) may not be
delegated below the Under Secretary of Defense for Acquisition and
Technology.
``(4) At <<NOTE: Federal Register, publication. Notice.>> least 15
days before the effective date of any waiver made under the waiver
authority described in paragraph (2), the Secretary shall publish in the
Federal Register and submit to the congressional defense committees a
notice of the determination to exercise the waiver authority.
[[Page 111 STAT. 1840]]
``(5) Any waiver made by the Secretary under the waiver authority
described in paragraph (2) shall be in effect for a period not greater
than one year, as determined by the Secretary.''.
(b) Effective <<NOTE: Applicability. 10 USC 2534 note.>> Date.--
Subsection (i) of section 2534 of such title, as added by subsection
(a), shall apply with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason other
than the application of a waiver granted under subsection (d) of
such section 2534, on the basis of the applicability of
paragraph (2) or (3) of that subsection.
Subtitle B--Acquisition Assistance Programs
SEC. 821. ONE-YEAR EXTENSION OF PILOT MENTOR-PROTEGE PROGRAM.
(a) 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''.
(b) Study on Implementation of Pilot Mentor-Protege Program.--(1)
The Comptroller General shall conduct a study on the implementation of
the Mentor-Protege Program established under section 831 of the National
Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 2302 note) and
the extent to which the program is achieving the purposes established
under that section.
(2) The study also shall include the following:
(A) A review of the manner in which funds for the program
have been obligated.
(B) An identification and assessment of the average amount
spent by the Department of Defense on individual mentor-protege
agreements and the correlation between levels of funding and the
business development of the protege firms.
(C) An evaluation of the effectiveness of the incentives
provided to mentor firms to participate in the program.
(D) An assessment of the success of the Mentor-Protege
Program in enhancing the business competitiveness and financial
independence of protege firms.
(3) The <<NOTE: Reports.>> Comptroller General 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 results of the
study not later than March 31, 1998.
SEC. 822. 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
[[Page 111 STAT. 1841]]
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.''.
Subtitle C--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 a military department or
Defense Agency under the Contract Disputes Act of 1978 (41 U.S.C. 601 et
seq.), shall remain available in accordance with this section to pay--
``(1) any settlement of the claim by the parties;
``(2) any judgment rendered in the contractor's favor on an
appeal of the decision on that claim to the Armed Services Board
of Contract Appeals under section 7 of such Act (41 U.S.C. 606);
or
``(3) any judgment rendered in the contractor's favor in an
action on that claim in a court of the United States.
``(b) Period of Availability.--(1) The period of availability of an
amount under subsection (a), in connection with a claim--
``(A) expires 180 days after the expiration of the period
for bringing an action on that claim in the United States Court
of Federal Claims under section 10(a) of the Contract Disputes
Act of 1978 (41 U.S.C. 609(a)) if, within that 180-day period--
``(i) no appeal on the claim is commenced at the
Armed Services Board of Contract Appeals under section 7
of such Act; and
``(ii) no action on the claim is commenced in a
court of the United States; or
``(B) if not expiring under subparagraph (A), expires--
``(i) in the case of a settlement of the claim, 180
days after the date of the settlement; or
``(ii) in the case of a judgment rendered on the
claim in an appeal to the Armed Services Board of
Contract
[[Page 111 STAT. 1842]]
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 a purpose described in subsection (a).
``(3) Upon the expiration of the period of availability of an amount
under paragraph (1), the amount shall be covered into 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 adding
at the end the following new subsection:
``(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 by 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. 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
[[Page 111 STAT. 1843]]
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. 834. PLAN FOR PROVIDING CONTRACTING INFORMATION TO GENERAL PUBLIC
AND SMALL BUSINESSES.
(a) Requirement for Plan.--The Secretary of Defense shall develop a
plan for improving the responsiveness of the Department of Defense to
persons from the general public and small businesses seeking information
on how to pursue contracting and technology development opportunities
with the department. The plan shall include an assessment and
recommendation on the designation of a central point of contact in the
department to provide such information.
(b) Submission.--Not later than March 31, 1998, the Secretary shall
submit the plan developed under subsection (a) to the Committee on Armed
Services of the Senate and the Committee on National Security of the
House of Representatives.
SEC. 835. TWO-YEAR EXTENSION OF CREDITING OF CERTAIN PURCHASES TOWARD
MEETING SUBCONTRACTING GOALS.
Section 2410d(c) of title 10, United States Code, is amended,
effective as of September 30, 1997, by striking out ``September 30,
1997'' and inserting in lieu thereof ``September 30, 1999''.
Subtitle D--Other Matters
SEC. 841. REPEAL OF CERTAIN ACQUISITION REQUIREMENTS AND REPORTS
(a) Repeal of Reporting Requirement for Nonmajor Acquisition
Programs.--Section 2220(b) of title 10, United States Code, is amended
by striking out ``and nonmajor'' in the first sentence.
(b) Repeal of Additional Approval Requirement Under Competition
Exception for 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''.
(c) 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.
(d) Repeal of Report Relating to Procurement Regulations.--Section
25 of the Office of Federal Procurement Policy Act (41 U.S.C. 421) is
amended by striking out subsection (g).
[[Page 111 STAT. 1844]]
SEC. 842. 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 ``2002''.
(b) Revised Reporting Requirement.--Subsection (h) of such section
is amended to read as follows:
``(h) Report.--Not later than March 1, 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.''.
SEC. 843. REQUIREMENT TO DEVELOP AND MAINTAIN LIST OF FIRMS NOT ELIGIBLE
FOR DEFENSE CONTRACTS.
Section 2327 of title 10, United States Code, is amended--
(1) by redesignating subsections (d) and (e) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (c) the following new
subsections:
``(d) List of Firms Subject to Prohibition.--(1) The Secretary of
Defense shall develop and maintain a list of all firms and subsidiaries
of firms that the Secretary has identified as being subject to the
prohibition in subsection (b).
``(2)(A) A person may request the Secretary to include on the list
maintained under paragraph (1) any firm or subsidiary of a firm that the
person believes to be owned or controlled by a foreign government
described in subsection (b)(2). Upon receipt of such a request, the
Secretary shall determine whether the conditions in paragraphs (1) and
(2) of subsection (b) exist in the case of that firm or subsidiary. If
the Secretary determines that such conditions do exist, the Secretary
shall include the firm or subsidiary on the list.
``(B) A firm or subsidiary of a firm included on the list may
request the Secretary to remove such firm or subsidiary from the list on
the basis that it has been erroneously included on the list or its
ownership circumstances have significantly changed. Upon receipt of such
a request, the Secretary shall determine whether the conditions in
paragraphs (1) and (2) of subsection (b) exist in the case of that firm
or subsidiary. If the Secretary determines that such conditions do not
exist, the Secretary shall remove the firm or subsidiary from the list.
``(C) The <<NOTE: Regulations.>> Secretary shall establish
procedures to carry out this paragraph.
``(3) The head of an agency shall prohibit each firm or subsidiary
of a firm awarded a contract by the agency from entering into a
subcontract under that contract in an amount in excess of $25,000 with a
firm or subsidiary included on the list maintained under paragraph (1)
unless there is a compelling reason to do so. In the case of any
subcontract requiring consent by the head of an agency, the head of the
agency shall not consent to the award of the subcontract to a firm or
subsidiary included on such list unless there is a compelling reason for
such approval.
``(e) Distribution of List.--The Administrator of General Services
shall ensure that the list developed and maintained under
[[Page 111 STAT. 1845]]
subsection (d) is made available to Federal agencies and the public in
the same manner and to the same extent as the list of suspended and
debarred contractors compiled pursuant to subpart 9.4 of the Federal
Acquisition Regulation.''.
SEC. 844. SENSE OF CONGRESS REGARDING ALLOWABILITY OF COSTS OF EMPLOYEE
STOCK OWNERSHIP PLANS.
It is the sense of Congress that the Secretary of Defense should not
disallow, under Department of Defense contracts, the following costs:
(1) Interest costs associated with deferred compensation
employee stock ownership plans that were incurred before January
1, 1994.
(2) Costs related to employee stock ownership plan (ESOP)
debt, control premiums, or marketability discounts associated
with the valuation of ESOP stock of closely held companies that
were incurred before January 1, 1995.
SEC. 845. EXPANSION OF PERSONNEL ELIGIBLE TO PARTICIPATE IN
DEMONSTRATION PROJECT RELATING TO ACQUISITION WORKFORCE.
(a) Covered Personnel.--(1) Subsection (a) of section 4308 of the
National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-
106; 10 U.S.C. 1701 note) is amended by adding before the period at the
end the following: ``and supporting personnel assigned to work directly
with the acquisition workforce''.
(2) Subsection (b)(3)(A) of such section is amended by inserting
before the semicolon the following: ``or involves a team of personnel
more than half of which consists of members of the acquisition workforce
and the remainder of which consists of supporting personnel assigned to
work directly with the acquisition workforce''.
(b) Commencement of Project.--Subsection (b)(3)(B) of such section
is amended by striking out ``this Act'' and inserting in lieu thereof
``the National Defense Authorization Act for Fiscal Year 1998''.
(c) Limitation on Number of Participants.--Such section is further
amended by adding at the end the following:
``(d) Limitation on Number of Participants.--The total number of
persons who may participate in the demonstration project under this
section may not exceed 95,000.''.
SEC. 846. TIME FOR SUBMISSION OF ANNUAL REPORT RELATING TO BUY AMERICAN
ACT.
Section 827 of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 110 Stat. 2611; 41 U.S.C. 10b-3) is
amended by striking out ``120 days'' and inserting in lieu thereof ``90
days''.
SEC. 847. REPEAL OF REQUIREMENT FOR CONTRACTOR GUARANTEES ON MAJOR
WEAPON SYSTEMS.
(a) Repeal.--Section 2403 of title 10, United States Code, is
repealed.
(b) Clerical and Conforming Amendments.--(1) The table of sections
at the beginning of chapter 141 of such title is amended by striking out
the item relating to section 2403.
(2) Section 803 of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 110 Stat. 2604; 10 U.S.C. 2430 note) is
amended--
[[Page 111 STAT. 1846]]
(A) in subsection (a), by striking out ``2403,'';
(B) by striking out subsection (c); and
(C) by redesignating subsection (d) as subsection (c).
SEC. 848. REQUIREMENTS <<NOTE: 10 USC 2304 note.>> RELATING TO MICRO-
PURCHASES.
(a) Requirement.--(1) Not later than October 1, 1998, at least 60
percent of all eligible purchases made by the Department of Defense for
an amount less than the micro-purchase threshold shall be made through
streamlined micro-purchase procedures.
(2) Not later than October 1, 2000, at least 90 percent of all
eligible purchases made by the Department of Defense for an amount less
than the micro-purchase threshold shall be made through streamlined
micro-purchase procedures.
(b) Eligible Purchases.--The Secretary of Defense shall establish
which purchases are eligible for purposes of subsection (a). In
establishing which purchases are eligible, the Secretary may exclude
those categories of purchases determined not to be appropriate or
practicable for streamlined micro-purchase procedures.
(c) Plan.--Not later than March 1, 1998, the Secretary of Defense
shall provide to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives a plan to
implement this section.
(d) Report.--Not later than March 1 in each of the years 1999, 2000,
and 2001, the Secretary of Defense shall submit to the congressional
defense committees a report on the implementation of this section. Each
report shall include--
(A) the total dollar amount of all Department of Defense
purchases for an amount less than the micro-purchase threshold
in the fiscal year preceding the year in which the report is
submitted;
(B) the total dollar amount of such purchases that were
considered to be eligible purchases;
(C) the total amount of such eligible purchases that were
made through a streamlined micro-purchase method; and
(D) a description of the categories of purchases excluded
from the definition of eligible purchases established under
subsection (b).
(e) Definitions.--In this section:
(1) The term ``micro-purchase threshold'' has the meaning
provided in section 32 of the Office of Federal Procurement
Policy Act (41 U.S.C. 428).
(2) The term ``streamlined micro-purchase procedures'' means
procedures providing for the use of the Government-wide
commercial purchase card or any other method for carrying out
micro-purchases that the Secretary of Defense prescribes in the
regulations implementing this subsection.
SEC. 849. PROMOTION <<NOTE: 10 USC 1731 note.>> 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.
[[Page 111 STAT. 1847]]
(b) Reporting Requirement.--Not later than January 31 of each year,
the Under Secretary of Defense for Acquisition and Technology shall
submit to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives a report
containing the Under Secretary's assessment of the extent to which each
military department is complying with the requirement set forth in
section 1731(b) of title 10, United States Code.
(c) Termination of Requirements.--This section shall cease to be
effective on October 1, 2000.
SEC. 850. USE OF ELECTRONIC COMMERCE IN FEDERAL PROCUREMENT.
(a) Policy.--Section 30 of the Office of Federal Procurement Policy
Act (41 U.S.C. 426) is amended to read as follows:
``SEC. 30. USE OF ELECTRONIC COMMERCE IN FEDERAL PROCUREMENT.
``(a) In General.--The head of each executive agency, after
consulting with the Administrator, shall establish, maintain, and use,
to the maximum extent that is practicable and cost-effective, procedures
and processes that employ electronic commerce in the conduct and
administration of its procurement system.
``(b) Applicable Standards.--In conducting electronic commerce, the
head of an agency shall apply nationally and internationally recognized
standards that broaden interoperability and ease the electronic
interchange of information.
``(c) Agency Procedures.--The head of each executive agency shall
ensure that systems, technologies, procedures, and processes established
pursuant to this section--
``(1) are implemented with uniformity throughout the agency,
to the extent practicable;
``(2) are implemented only after granting due consideration
to the use or partial use, as appropriate, of existing
electronic commerce and electronic data interchange systems and
infrastructures such the Federal acquisition computer network
architecture known as FACNET;
``(3) facilitate access to Federal Government procurement
opportunities, including opportunities for small business
concerns, socially and economically disadvantaged small business
concerns, and business concerns owned predominantly by women;
and
``(4) ensure that any notice of agency requirements or
agency solicitation for contract opportunities is provided in a
form that allows convenient and universal user access through a
single, Government-wide point of entry.
``(d) Implementation.--The Administrator shall, in carrying out the
requirements of this section--
``(1) issue policies to promote, to the maximum extent
practicable, uniform implementation of this section by executive
agencies, with due regard for differences in program
requirements among agencies that may require departures from
uniform procedures and processes in appropriate cases, when
warranted because of the agency mission;
``(2) ensure that the head of each executive agency complies
with the requirements of subsection (c) with respect to the
agency systems, technologies, procedures, and processes
established pursuant to this section; and
[[Page 111 STAT. 1848]]
``(3) consult with the heads of appropriate Federal agencies
with applicable technical and functional expertise, including
the Office of Information and Regulatory Affairs, the National
Institute of Standards and Technology, the General Services
Administration, and the Department of Defense.
``(e) Report.--Not later than March 1, 1998, and every year
afterward through 2003, the Administrator shall submit to Congress a
report setting forth in detail the progress made in implementing the
requirements of this section. The report shall include the
following:
``(1) A strategic plan for the implementation of a
Government-wide electronic commerce capability.
``(2) An agency-by-agency summary of implementation of the
requirements of subsection (c), including timetables, as
appropriate, addressing when individual agencies will come into
full compliance.
``(3) A specific assessment of compliance with the
requirement in subsection (c) to provide universal public access
through a single, Government-wide point of entry.
``(4) Beginning with the report submitted on March 1, 1999,
an agency-by-agency summary of the volume and dollar value of
transactions that were conducted using electronic commerce
methods during the previous calendar year.
``(5) A discussion of possible incremental changes to the
electronic commerce capability referred to in subsection (c)(4)
to increase the level of government contract information
available to the private sector, including an assessment of the
advisability of including contract award information in the
electronic commerce functional standard.
``(f) Electronic Commerce Defined.--For the purposes of this
section, the term `electronic commerce' means electronic techniques for
accomplishing business transactions, including electronic mail or
messaging, World Wide Web technology, electronic bulletin boards,
purchase cards, electronic funds transfers, and electronic data
interchange.''.
(b) Repeal of Requirements for Implementation of FACNET
Capability.--Section 30A of the Office of Federal Procurement Policy Act
(41 U.S.C. 426a) is repealed.
(c) Repeal of Requirement for GAO Report.--Section 9004 of the
Federal Acquisition Streamlining Act of 1994 (41 U.S.C. 426a note) is
repealed.
(d) Repeal of Condition for Use of Simplified Acquisition
Procedures.--Section 31 of the Office of Federal Procurement
Policy Act (41 U.S.C. 427) is amended--
(1) by striking out subsection (e); and
(2) by redesignating subsections (f) and (g) as subsections
(e) and (f), respectively.
(e) Amendments to Procurement Notice Requirements.--(1) Section
8(g)(1) of the Small Business Act (15 U.S.C. 637(g)(1)) is amended--
(A) by striking out subparagraphs (A) and (B);
(B) by redesignating subparagraphs (C), (D), (E), (F), (G),
and (H) as subparagraphs (B), (C), (D), (E), (F), and (G),
respectively; and
(C) by inserting before subparagraph (B), as so
redesignated, the following new subparagraph (A):
[[Page 111 STAT. 1849]]
``(A) the proposed procurement is for an amount not greater
than the simplified acquisition threshold and is to be conducted
by--
``(i) using widespread electronic public notice of
the solicitation in a form that allows convenient and
universal user access through a single, Government-wide
point of entry; and
``(ii) permitting the public to respond to the
solicitation electronically.''.
(2) Section 18(c)(1) of the Office of Federal Procurement Policy Act
(41 U.S.C. 416(c)(1)) is amended--
(A) by striking out subparagraphs (A) and (B);
(B) by redesignating subparagraphs (C), (D), (E), (F), (G),
and (H) as subparagraphs (B), (C), (D), (E), (F), and (G),
respectively; and
(C) by inserting before subparagraph (B), as so
redesignated, the following new subparagraph (A):
``(A) the proposed procurement is for an amount not greater
than the simplified acquisition threshold and is to be conducted
by--
``(i) using widespread electronic public notice of
the solicitation in a form that allows convenient and
universal user access through a single, Government-wide
point of entry; and
``(ii) permitting the public to respond to the
solicitation electronically.''.
(3) The amendments <<NOTE: 15 USC 637 note.>> made by paragraphs
(1) and (2) shall be implemented in a manner consistent with any
applicable international agreements.
(f) Conforming and Technical Amendments.--(1) Section 5061 of the
Federal Acquisition Streamlining Act of 1994 (41 U.S.C. 413 note) is
amended--
(A) in subsection (c)(4)--
(i) by striking out ``the Federal acquisition
computer network (`FACNET')'' and inserting in lieu
thereof ``the electronic commerce''; and
(ii) by striking out ``(as added by section 9001)'';
and
(B) in subsection (e)(9)(A), by striking out ``, or by
dissemination through FACNET,''.
(2) Section 5401 of the Clinger-Cohen Act of 1996 (divisions D and E
of Public Law 104-106; 40 U.S.C. 1501) is amended--
(A) in subsection (a)--
(i) by striking out ``through the Federal
Acquisition Computer Network (in this section referred
to as `FACNET')''; and
(ii) by striking out the last sentence;
(B) in subsection (b)--
(i) by striking out ``Additional FACNET
Functions.--'' and all that follows through ``(41 U.S.C.
426(b)), the FACNET architecture'' and inserting in lieu
thereof ``Functions.--(1) The system for providing on-
line computer access''; and
(ii) in paragraph (2), by striking out ``The FACNET
architecture'' and inserting in lieu thereof ``The
system for providing on-line computer access'';
[[Page 111 STAT. 1850]]
(C) in subsection (c)(1), by striking out ``the FACNET
architecture'' and inserting in lieu thereof ``the system for
providing on-line computer access''; and
(D) by striking out subsection (d).
(3)(A) Section 2302c of title 10, United States Code, is amended to
read as follows:
``Sec. 2302c. Implementation of electronic commerce capability
``(a) Implementation of Electronic Commerce Capability.--(1) The
head of each agency named in paragraphs (1), (5), and (6) shall
implement the electronic commerce capability required by section 30 of
the Office of Federal Procurement Policy Act (41 U.S.C. 426).
``(2) The Secretary of Defense shall act through the Under Secretary
of Defense for Acquisition and Technology to implement the capability
within the Department of Defense.
``(3) In implementing the electronic commerce capability pursuant to
paragraph (1), the head of an agency referred to in paragraph (1) shall
consult with the Administrator for Federal Procurement Policy.
``(b) Designation of Agency Official.--The head of each agency named
in paragraph (5) or (6) of section 2303 of this title shall designate a
program manager to implement the electronic commerce capability for that
agency. The program manager shall report directly to an official at a
level not lower than the senior procurement executive designated for the
agency under section 16(3) of the Office of Federal Procurement Policy
Act (41 U.S.C. 414(3)).''.
(B) Section 2304(g)(4) of such title is amended by striking out
``31(g)'' and inserting in lieu thereof ``31(f)''.
(4)(A) Section 302C of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 252c) is amended to read as follows:
``SEC. 302C. IMPLEMENTATION OF ELECTRONIC COMMERCE CAPABILITY.
``(a) Implementation of Electronic Commerce Capability.--(1) The
head of each executive agency shall implement the electronic commerce
capability required by section 30 of the Office of Federal Procurement
Policy Act (41 U.S.C. 426).
``(2) In implementing the electronic commerce capability pursuant to
paragraph (1), the head of an executive agency shall consult with the
Administrator for Federal Procurement Policy.
``(b) Designation of Agency Official.--The head of each executive
agency shall designate a program manager to implement the electronic
commerce capability for that agency. The program manager shall report
directly to an official at a level not lower than the senior procurement
executive designated for the executive agency under section 16(3) of the
Office of Federal Procurement Policy Act (41 U.S.C. 414(3)).''.
(B) Section 303(g)(5) of the Federal Property and Administrative
Services Act (41 U.S.C. 253(g)(5)) is amended by striking out ``31(g)''
and inserting in lieu thereof ``31(f)''.
(g) Effective Date.--(1) Except <<NOTE: 10 USC 2302c note.>> as
provided in paragraph (2), the amendments made by this section shall
take effect 180 days after the date of the enactment of this Act.
(2) The repeal made by subsection (c) of this section shall take
effect on the date of the enactment of this Act.
[[Page 111 STAT. 1851]]
SEC. 851. CONFORMANCE OF POLICY ON PERFORMANCE BASED MANAGEMENT OF
CIVILIAN ACQUISITION PROGRAMS WITH POLICY ESTABLISHED FOR
DEFENSE ACQUISITION PROGRAMS.
(a) Performance Goals.--Section 313(a) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 263(a)) is amended to
read as follows:
``(a) Congressional Policy.--It is the policy of Congress that the
head of each executive agency should achieve, on average, 90 percent of
the cost, performance, and schedule goals established for major
acquisition programs of the agency.''.
(b) Conforming Amendment to Reporting Requirement.--Section 6(k) of
the Office of Federal Procurement Policy Act (41 U.S.C. 405(k)) is
amended by inserting ``regarding major acquisitions that is'' in the
first sentence after ``policy''.
SEC. 852. MODIFICATION OF PROCESS REQUIREMENTS FOR THE SOLUTIONS-BASED
CONTRACTING PILOT PROGRAM.
(a) Source Selection.--Paragraph (9) of section 5312(c) of the
Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104-106; 40
U.S.C. 1492(c)) is amended--
(1) in subparagraph (A), by striking out ``, and ranking of
alternative sources,'' and inserting in lieu thereof ``or
sources,'';
(2) in subparagraph (B)--
(A) in the matter preceding clause (i), by inserting
``(or a longer period, if approved by the
Administrator)'' after ``30 to 60 days'';
(B) in clause (i), by inserting ``or sources'' after
``source''; and
(C) in clause (ii), by striking out ``that source''
and inserting in lieu thereof ``the source whose offer
is determined to be most advantageous to the
Government''; and
(3) in subparagraph (C), by striking out ``with alternative
sources (in the order ranked)''.
(b) Time Management Discipline.--Paragraph (12) of such section is
amended by inserting before the period at the end the following: ``,
except that the Administrator may approve the application of a longer
standard period''.
SEC. 853. GUIDANCE <<NOTE: 10 USC 1723 note.>> AND STANDARDS FOR
DEFENSE ACQUISITION WORKFORCE TRAINING REQUIREMENTS.
The Secretary of Defense shall develop appropriate guidance and
standards to ensure that the Department of Defense will continue, where
appropriate and cost-effective, to enter into contracts for the training
requirements of sections 1723, 1724, and 1735 of title 10, United States
Code, while maintaining appropriate control over the content and quality
of such training.
SEC. 854. STUDY AND REPORT TO CONGRESS ASSESSING DEPENDENCE ON FOREIGN
SOURCES FOR RESISTORS AND CAPACITORS.
(a) Study.--The Secretary of Defense shall conduct a study of the
capacitor and resistor industries in the United States and the degree of
United States dependence on foreign sources for resistors and
capacitors.
[[Page 111 STAT. 1852]]
(b) Report.--Not later than May 1, 1998, the Secretary shall submit
to Congress a report on the results of the study under subsection (a).
The report shall include the following:
(1) An assessment of the industrial base for the production
of resistors and capacitors within the United States and a
projection of any changes in that base that are likely to occur
after the implementation of relevant tariff reductions required
by the Information Technology Agreement entered into at the
World Trade Organization Ministerial in Singapore in December
1996.
(2) An assessment of the level of dependence on foreign
sources for procurement of resistors and capacitors and a
projection of the level of dependence on foreign sources that is
likely to occur after the implementation of relevant tariff
reductions required by the Information Technology Agreement.
(3) The implications for the national security of the United
States of the projections reported under paragraphs (1) and (2).
(4) Recommendations for appropriate changes, if any, in
defense procurement policies or other Federal policies based on
such implications.
SEC. 855. DEPARTMENT OF DEFENSE AND FEDERAL PRISON INDUSTRIES JOINT
STUDY.
(a) Study of Existing Procurement Procedures.--The Secretary of
Defense and the Director of Federal Prison Industries shall jointly
conduct a study of the procurement procedures, regulations, and statutes
that govern procurement transactions between the Department of Defense
and Federal Prison Industries.
(b) Report.--(1) The Secretary and the Director shall, not later
than 180 days after the date of the enactment of this Act, submit to the
committees listed in paragraph (2) a report containing the findings of
the study and recommendations on the means to improve the efficiency and
reduce the cost of transactions described in subsection (a).
(2) The committees referred to in paragraph (1) are the
following:
(A) The Committee on Armed Services and the Committee on the
Judiciary of the Senate.
(B) The Committee on National Security and the Committee on
the Judiciary of the House of Representatives.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Positions and Organizations and Other
General Matters
Sec. 901. Assistants <<NOTE: 10 USC 155 note.>> to the Chairman of the
Joint Chiefs of Staff for National Guard matters and for
Reserve matters.
Sec. 902. Use of CINC Initiative Fund for force protection.
Sec. 903. Revision to required frequency for provision of policy
guidance for contingency plans.
Sec. 904. Annual justification for Department of Defense advisory
committees.
Sec. 905. Airborne reconnaissance management.
Sec. 906. Termination of the Armed Services Patent Advisory Board.
Sec. 907. Coordination of Department of Defense criminal investigations
and
audits.
[[Page 111 STAT. 1853]]
Subtitle B--Department of Defense Personnel Management
Sec. 911. Reduction in personnel assigned to management headquarters and
headquarters support activities.
Sec. 912. Defense acquisition workforce.
Subtitle C--Department of Defense Schools and Centers
Sec. 921. Professional military education schools.
Sec. 922. Center for Hemispheric Defense Studies.
Sec. 923. Correction to reference to George C. Marshall European Center
for
Security Studies.
Subtitle D--Department of Defense Intelligence-Related Matters
Sec. 931. Transfer of certain military department programs from TIARA
budget
aggregation.
Sec. 932. Report on coordination of access of commanders and deployed
units to
intelligence collected and analyzed by the intelligence
community.
Sec. 933. Protection of imagery, imagery intelligence, and geospatial
information and data.
Sec. 934. POW/MIA intelligence analysis.
Subtitle A--Department of Defense Positions and Organizations and Other
General Matters
SEC. 901. <<NOTE: 10 USC 155 note.>> ASSISTANTS TO THE CHAIRMAN OF THE
JOINT CHIEFS OF STAFF FOR NATIONAL GUARD MATTERS AND FOR
RESERVE MATTERS.
(a) Establishment of Positions.--The Secretary of Defense shall
establish the following positions within the Joint Staff:
(1) Assistant to the Chairman of the Joint Chiefs of Staff
for National Guard Matters.
(2) Assistant to the Chairman of the Joint Chiefs of Staff
for Reserve Matters.
(b) Selection.--(1) The Assistant to the Chairman of the Joint
Chiefs of Staff for National Guard Matters shall be selected by the
Chairman from officers of the Army National Guard of the United States
or the Air Guard of the United States who--
(A) are recommended for such selection by their respective
Governors or, in the case of the District of Columbia, the
commanding general of the District of Columbia National Guard;
(B) have had at least 10 years of federally recognized
commissioned service in the National Guard; and
(C) are in a grade above the grade of colonel.
(2) The Assistant to the Chairman of the Joint Chiefs of Staff for
Reserve Matters shall be selected by the Chairman from officers of the
Army Reserve, the Naval Reserve, the Marine Corps Reserve, or the Air
Force Reserve who--
(A) are recommended for such selection by the
Secretary of the military department concerned;
(B) have had at least 10 years of commissioned
service in their reserve component; and
(C) are in a grade above the grade of colonel or, in
the case of the Naval Reserve, captain.
(c) Term of Office.--Each Assistant to the Chairman under subsection
(a) serves at the pleasure of the Chairman for a term of two years and
may be continued in that assignment in the same manner for one
additional term. However, in time of war there is no limit on the number
of terms.
[[Page 111 STAT. 1854]]
(d) Grade.--Each Assistant to the Chairman, while so serving, holds
the grade of major general or, in the case of the Naval Reserve, rear
admiral. Each such officer shall be considered to be serving in a
position external to that officer's Armed Force for purposes of section
721 of title 10, United States Code, as added by section 501(a).
(e) Duties.--The Assistant to the Chairman for National Guard
Matters is an adviser to the Chairman on matters relating to the
National Guard and performs the duties prescribed for that position by
the Chairman. The Assistant to the Chairman for Reserve Matters is an
adviser to the Chairman on matters relating to the reserves and performs
the duties prescribed for that position by the Chairman.
(f) Other Reserve Component Representation on Joint Staff.--(1) The
Secretary of Defense, in consultation with the Chairman of the Joint
Chiefs, shall develop appropriate policy guidance to ensure that, to the
maximum extent practicable, the level of reserve component officer
representation within the Joint Staff is commensurate with the
significant role of the reserve components within the Total Force.
(2) Not later than <<NOTE: Reports.>> March 1, 1998, the Secretary
shall submit to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives a report
describing the steps taken and being taken to implement this subsection.
(g) Effective Date.--The positions specified in subsection (a) shall
be established by the Secretary of Defense not later than 60 days after
the date of the enactment of this Act.
SEC. 902. 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. 903. REVISION TO REQUIRED FREQUENCY FOR PROVISION OF POLICY
GUIDANCE FOR CONTINGENCY PLANS.
Section 113(g)(2) of title 10, United States Code, is amended--
(1) in the first sentence, by striking out ``annually''; and
(2) in the second sentence, by inserting ``be provided every
two years or more frequently as needed and shall'' after ``Such
guidance shall''.
SEC. 904. ANNUAL JUSTIFICATION FOR DEPARTMENT OF DEFENSE ADVISORY
COMMITTEES.
(a) Annual Justification Required.--Chapter 7 of title 10, United
States Code, is amended by adding after section 182, as added by section
382(a)(1), the following new section:
``Sec. 183. Advisory committees: annual justification required
``(a) Annual Report.--The Secretary of Defense shall include in the
annual report of the Secretary under section 113(c) of this title a
report on advisory committees of the Department of Defense. In each such
report, the Secretary shall--
``(1) identify each advisory committee that the Secretary
proposes to support, or that the Secretary is required by law or
direction from the President to support, during the next fiscal
year; and
[[Page 111 STAT. 1855]]
``(2) for each committee identified under paragraph (1), set
forth--
``(A) the justification or requirement for that
committee; and
``(B) the projected cost to the Department of
Defense to support that committee during the next fiscal
year.
``(b) Advisory Committee Defined.--In this section, the term
`advisory committee' means an entity that is subject to the provisions
of the Federal Advisory Committee Act (5 U.S.C. App.).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding after the item relating to section
182, as added by section 382(a)(2), the following new item:
``183. Advisory committees: annual justification required.''.
SEC. 905. AIRBORNE RECONNAISSANCE MANAGEMENT.
(a) Reorganization of Defense Airborne Reconnaissance Management.--
Not later than September 30, 1998, the Secretary of Defense shall
reorganize the management of defense airborne reconnaissance within the
Department of Defense in accordance with the plan developed under
subsection (b).
(b) Plan and Report.--(1) The Secretary of Defense shall develop a
plan to reorganize the following organizations by transferring functions
as required under subsections (c) and (d):
(A) The organization within the Department of Defense that
is subordinate to the Under Secretary of Defense for Acquisition
and Technology and known as the Defense Airborne Reconnaissance
Office.
(B) The organization within the Department of Defense that
is subordinate to the Secretary of the Navy and known as the
Unmanned Aerial Vehicle Joint Program Office.
(2) The Secretary shall submit to the congressional defense
committees a report containing--
(A) the plan developed under paragraph (1); and
(B) an explanation of how the plan addresses the findings
and recommendations in the final report of the Task Force on
Defense Reform (established by the Secretary of Defense on May
14, 1997, and headed by the Deputy Secretary of Defense).
(3) The plan under paragraph (1) shall be developed, and the report
under paragraph (2) shall be submitted, not later than March 1, 1998.
(c) Transfer of Certain Functions to Secretaries of Military
Departments.--(1) Not later than September 30, 1998, the Secretary of
Defense shall transfer to the Secretaries of the military departments
those functions specified in paragraph (2) that were performed on the
day before the date of the enactment of this Act by the Defense Airborne
Reconnaissance Office and the Unmanned Aerial Vehicle Joint Program
Office.
(2) The functions referred to in paragraph (1) are the functions of
the Defense Airborne Reconnaissance Office and the Unmanned Aerial
Vehicle Joint Program Office relating to their responsibilities for
acquisition of systems, budgeting, program management (for research,
development, test, and evaluation, for procurement, for life-cycle
support, and for operations), and related responsibilities for
individual airborne reconnaissance programs.
[[Page 111 STAT. 1856]]
(d) Transfer of Certain Functions to Defense Airborne Reconnaissance
Office.--(1) Not later than September 30, 1998, the Secretary of Defense
shall transfer to the Defense Airborne Reconnaissance Office those
functions specified in paragraph (2) that were performed on the day
before the date of the enactment of this Act by the Unmanned Aerial
Vehicle Joint Program Office.
(2) The functions referred to in paragraph (1) are the functions of
the Unmanned Aerial Vehicle Joint Program Office relating to its
responsibilities for management and oversight of defense airborne
reconnaissance architecture, requirements, and system interfaces (other
than the responsibilities specified in subsection (c)(2)).
SEC. 906. TERMINATION OF THE ARMED SERVICES PATENT ADVISORY BOARD.
(a) Termination of Board.--The organization within the Department of
Defense known as the Armed Services Patent Advisory Board is terminated.
No funds available for the Department of Defense may be used for the
operation of that Board after the effective date specified in subsection
(c).
(b) Transfer of Functions.--All functions performed on the day
before the date of the enactment of this Act by the Armed Services
Patent Advisory Board (including performance of the responsibilities of
the Department of Defense for security review of patent applications
under chapter 17 of title 35, United States Code) shall be transferred
to the Defense Technology Security Administration.
(c) Effective Date.--Subsection (a) shall take effect at the end of
the 120-day period beginning on the date of the enactment of this Act.
SEC. 907. COORDINATION <<NOTE: 10 USC 113 note.>> OF DEPARTMENT OF
DEFENSE CRIMINAL INVESTIGATIONS AND AUDITS.
(a) Military Department Criminal Investigative Organizations.--(1)
The heads of the military department criminal investigative
organizations shall take such action as may be practicable to conserve
the limited resources available to the military department criminal
investigative organizations by sharing personnel, expertise,
infrastructure, training, equipment, software, and other resources.
(2) The heads of the military department criminal investigative
organizations shall meet on a regular basis to determine the manner in
which and the extent to which the military department criminal
investigative organizations will be able to share resources.
(b) Defense Auditing Organizations.--(1) The heads of the defense
auditing organizations shall take such action as may be practicable to
conserve the limited resources available to the defense auditing
organizations by sharing personnel, expertise, infrastructure, training,
equipment, software, and other resources.
(2) The heads of the defense auditing organizations shall meet on a
regular basis to determine the manner in which and the extent to which
the defense auditing organizations will be able to share resources.
(c) Implementation Plan.--Not later than December 31, 1997, the
Secretary of Defense shall submit to Congress a plan designed to
maximize the resources available to the military department criminal
investigative organizations and the defense auditing organizations, as
required by this section.
[[Page 111 STAT. 1857]]
(d) Definitions.--For purposes of this section:
(1) The term ``military department criminal investigative
organizations'' means--
(A) the Army Criminal Investigation Command;
(B) the Naval Criminal Investigative Service; and
(C) the Air Force Office of Special Investigations.
(2) The term ``defense auditing organizations'' means--
(A) the Office of the Inspector General of the
Department of Defense;
(B) the Defense Contract Audit Agency;
(C) the Army Audit Agency;
(D) the Naval Audit Service; and
(E) the Air Force Audit Agency.
Subtitle B--Department of Defense Personnel Management
SEC. 911. REDUCTION IN PERSONNEL ASSIGNED TO MANAGEMENT HEADQUARTERS AND
HEADQUARTERS SUPPORT ACTIVITIES.
(a) In General.--(1) Chapter 3 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 130a. Management headquarters and headquarters support activities
personnel: limitation
``(a) Limitation.--Effective <<NOTE: Effective date.>> October 1,
2002, the number of management headquarters and headquarters support
activities personnel in the Department of Defense may not exceed 75
percent of the baseline number.
``(b) Phased Reduction.--The number of management headquarters and
headquarters support activities personnel in the Department of Defense--
``(1) as of October 1, 1998, may not exceed 95 percent of
the baseline number;
``(2) as of October 1, 1999, may not exceed 90 percent of
the baseline number;
``(3) as of October 1, 2000, may not exceed 85 percent of
the baseline number; and
``(4) as of October 1, 2001, may not exceed 80 percent of
the baseline number.
``(c) Baseline Number.--In this section, the term `baseline number'
means the number of management headquarters and headquarters support
activities personnel in the Department of Defense as of October 1, 1997.
``(d) Limitation on Management Headquarters and Headquarters Support
Personnel Assigned to the United States Transportation Command.--(1)
Effective <<NOTE: Effective date.>> October 1, 1998, the number of
management headquarters activities and management headquarters support
activities personnel assigned to, or employed in, the United States
Transportation Command may not exceed the number equal to 95 percent of
the number of such personnel as of October 1, 1997.
``(2) For purposes of paragraph (1), the United States
Transportation Command shall be considered to include the following:
``(A) The United States Transportation Command Headquarters.
[[Page 111 STAT. 1858]]
``(B) The Air Mobility Command of the Air Force.
``(C) The Military Sealift Command of the Navy.
``(D) The Military Traffic Management Command of the Army.
``(E) The Defense Courier Service.
``(F) Any other element of the Department of Defense
assigned to the United States Transportation Command.
``(3) The Secretary of Defense may waive or suspend operation of
paragraph (1) in the event of a war or national emergency.
``(e) Management Headquarters and Headquarters Support Activities
Personnel Defined.--In this section:
``(1) The term `management headquarters and headquarters
support activities personnel' means military and civilian
personnel of the Department of Defense who are assigned to, or
employed in, functions in management headquarters activities or
in management headquarters support activities.
``(2) The terms `management headquarters activities' and
`management headquarters support activities' have the meanings
given those terms in Department of Defense Directive 5100.73,
entitled `Department of Defense Management Headquarters and
Headquarters Support Activities', as in effect on November 12,
1996.
``(f) Limitation on Reassignment of Functions.--In carrying out
reductions in the number of personnel assigned to, or employed in,
management headquarters and headquarters support activities in order to
comply with this section, the Secretary of Defense and the Secretaries
of the military departments may not reassign functions in order to evade
the requirements of this section.
``(g) Flexibility.--If the Secretary of Defense determines, and
certifies to Congress, that the limitation in subsection (b) with
respect to any fiscal year would adversely affect United States national
security, the Secretary may waive the limitation under that subsection
with respect to that fiscal year. If the Secretary of Defense
determines, and certifies to Congress, that the limitation in subsection
(a) during fiscal year 2001 would adversely affect United States
national security, the Secretary may waive the limitation under that
subsection with respect to that fiscal year. The authority under this
subsection may be used only once, with respect to a single fiscal
year.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``130a. Management headquarters and headquarters support activities
personnel: limitation.''.
(b) Implementation <<NOTE: 10 USC 130a note.>> Report.--Not later
than January 15, 1998, the Secretary of Defense shall submit to Congress
a report--
(1) containing a plan to achieve the personnel reductions
required by section 130a of title 10, United States Code, as
added by subsection (a); and
(2) including the recommendations of the Secretary
regarding--
(A) the revision, replacement, or augmentation of
Department of Defense Directive 5100.73, entitled
``Department of Defense Management Headquarters and
Headquarters Support Activities'', as in effect on
November 12, 1996; and
[[Page 111 STAT. 1859]]
(B) the revision of the definitions of the terms
``management headquarters activities'' and ``management
headquarters support activities'' under that Directive
so that those terms apply uniformly throughout the
Department of Defense.
(c) Duties of Task Force on Defense Reform To Include Consideration
Of Management Headquarters Activities.--(1) The Secretary of Defense
shall require that the areas of study of the Task Force on Defense
Reform (established by the Secretary of Defense on May 14, 1997, and
headed by the Deputy Secretary of Defense) include an examination of the
missions, functions, and responsibilities of the various management
headquarters activities and management headquarters support activities
of the Department of Defense. In carrying out that examination of those
activities, the Task Force shall identify areas of duplication in those
activities and recommend to the Secretary options to streamline, reduce,
and eliminate redundancies.
(2) The examination of the missions, functions, and responsibilities
of the various management headquarters activities and management
headquarters support activities of the Department of Defense under
paragraph (1) shall include the following:
(A) An assessment of benefits of consolidation or selected
elimination of Department of Defense management headquarters
activities and management headquarters support activities.
(B) An assessment of the opportunities to streamline the
management headquarters and management headquarters support
infrastructure that were realized as a result of the enactment
of the Federal Acquisition Streamlining Act of 1994 (Public Law
103-355) and the Clinger-Cohen Act of 1996 (divisions D and E of
Public Law 104-106) or as result of other management reform
initiatives implemented administratively during the period from
1993 through 1997.
(C) An assessment of such other options for streamlining or
restructuring the management headquarters and management
headquarters support infrastructure as the Task Force considers
appropriate and as can be carried out under existing provisions
of law.
(3) Not later than March <<NOTE: Reports.>> 1, 1998, the Secretary
of Defense shall submit to Congress a report on the results of the
examination by the Task Force under this subsection. The Secretary shall
include in the report any report to the Secretary from the Task Force
with respect to the matters described in paragraphs (1) and (2).
(d) Codification of Prior Permanent Limitation on OSD Personnel.--
(1) Chapter 4 of title 10, United States Code, is amended by adding at
the end a new section 143 consisting of--
(A) a heading as follows:
``Sec. 143. Office of the Secretary of Defense personnel: limitation'';
and
(B) a text consisting of the text of subsections (a) through
(f) of section 903 of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2617).
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``143. Office of the Secretary of Defense personnel: limitation.''.
[[Page 111 STAT. 1860]]
(3) Section 903 of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 110 Stat. 2617) is repealed.
SEC. 912. DEFENSE <<NOTE: 10 USC 131 note.>> ACQUISITION WORKFORCE.
(a) Reduction of Defense Acquisition Workforce.--(1) The Secretary
of Defense shall accomplish reductions in defense acquisition personnel
positions during fiscal year 1998 so that the total number of such
personnel as of October 1, 1998, is less than the total number of such
personnel as of October 1, 1997, by at least the applicable number
determined under paragraph (2).
(2)(A) The applicable number for purposes of paragraph (1) is
25,000. However, the Secretary of Defense may specify a lower number,
which may not be less than 10,000, as the applicable number for purposes
of paragraph (1) if the Secretary determines, and certifies to Congress
not later than June 1, 1998, that an applicable number greater than the
number specified by the Secretary would be inconsistent with the cost-
effective management of the defense acquisition system to obtain best
value equipment and would adversely affect military readiness.
(B) The Secretary shall include with such a certification a detailed
explanation of each of the matters certified.
(C) The authority of the Secretary under subparagraph (A) may only
be delegated to the Deputy Secretary of Defense.
(3) For purposes of this subsection, the term ``defense acquisition
personnel'' means military and civilian personnel (other than civilian
personnel who are employed at a maintenance depot) who are assigned to,
or employed in, acquisition organizations of the Department of Defense
(as specified in Department of Defense Instruction numbered 5000.58
dated January 14, 1992).
(b) Report on Specific Acquisition Positions Previously
Eliminated.--Not later than 30 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress a report on
reductions in the defense acquisition workforce made since fiscal year
1989. The report shall show aggregate reductions by fiscal year and
shall show for each fiscal year reductions identified by specific job
title, classification, or position. The report shall also identify those
reductions carried out pursuant to law (and how the Secretary
implemented any statutory requirement for such reductions, including
definition of the workforce subject to the reduction) and those
reductions carried out as a result of base closures and realignments
under the so-called BRAC process. The Secretary shall include in the
report a definition of the term ``defense acquisition workforce'' that
is to be applied uniformly throughout the Department of Defense.
(c) Implementation Plan <<NOTE: Reports.>> To Streamline and
Improve Acquisition Organizations.--(1) Not later than April 1, 1998,
the Secretary of Defense shall submit to Congress a report containing a
plan to streamline the acquisition organizations, workforce, and
infrastructure of the Department of Defense. The Secretary shall include
with the report a detailed discussion of the recommendations of the
Secretary based on the review under subsection (d) and the assessment of
the Task Force on Defense Reform pursuant to subsection (e), together
with a request for the enactment of any legislative changes necessary
for implementation of the plan. The Secretary shall include in the
report the results of the review under subsection (d) and the
independent assessment of the Task Force on Defense Reform pursuant to
subsection (e).
[[Page 111 STAT. 1861]]
(2) In carrying out this subsection and subsection (d), the
Secretary of Defense shall formally consult with the Chairman of the
Joint Chiefs of Staff, the Director of Program Analysis and Evaluation,
the Under Secretary of Defense (Comptroller), and the Under Secretary
for Acquisition and Technology.
(d) Review of Acquisition Organizations and Functions.--The
Secretary of Defense shall conduct a review of the organizations and
functions of the Department of Defense acquisition activities and of the
personnel required to carry out those functions. The review shall
identify the following:
(1) Opportunities for cross-service, cross-functional
arrangements within the military services and defense agencies.
(2) Specific areas of overlap, duplication, and redundancy
among the various acquisition organizations.
(3) Opportunities to further streamline acquisition
processes.
(4) Benefits of an enhanced Joint Requirements Oversight
Council in the acquisition process.
(5) Alternative consolidation options for acquisition
organizations.
(6) Alternative methods for performing industry oversight
and quality assurance.
(7) Alternative options to shorten the procurement cycle.
(8) Alternative acquisition infrastructure reduction options
within current authorities.
(9) Alternative organizational arrangements that capitalize
on core acquisition competencies among the military services and
defense agencies.
(10) Future acquisition personnel requirements of the
Department.
(11) Adequacy of the Program, Plans, and Budgeting System in
fulfilling current and future acquisition needs of the
Department.
(12) Effect of technology and advanced management tools in
the future acquisition system.
(13) Applicability of more flexible alternative approaches
to the current civil service system for the acquisition
workforce.
(14) Adequacy of Department of Defense Instruction numbered
5000.58 dated January 14, 1992.
(e) Duties of Task Force on Defense Reform To Include Consideration
Of Acquisition Organizations.--(1) The Secretary of Defense shall
require that the areas of study of the Task Force on Defense Reform
(established by the Secretary of Defense on May 14, 1997, and headed by
the Deputy Secretary of Defense) include an examination of the missions,
functions, and responsibilities of the various acquisition organizations
of the Department of Defense, including the acquisition workforce of the
Department. In carrying out that examination of those organizations and
that workforce, the Task Force shall identify areas of duplication in
defense acquisition organization and recommend to the Secretary options
to streamline, reduce, and eliminate redundancies.
(2) The examination of the missions, functions, and responsibilities
of the various acquisition organizations of the Department of Defense
under paragraph (1) shall include the following:
(A) An assessment of benefits of consolidation or selected
elimination of Department of Defense acquisition organizations.
[[Page 111 STAT. 1862]]
(B) An assessment of the opportunities to streamline the
defense acquisition infrastructure that were realized as a
result of the enactment of the Federal Acquisition Streamlining
Act of 1994 (Public Law 103-355) and the Clinger-Cohen Act of
1996 (divisions D and E of Public Law 104-106) or as result of
other acquisition reform initiatives implemented
administratively during the period from 1993 through 1997.
(C) An assessment of such other options for streamlining or
restructuring the defense acquisition infrastructure as the Task
Force considers appropriate and as can be carried out under
existing provisions of law.
(3) Not later than <<NOTE: Reports.>> March 1, 1998, the Task Force
shall submit to the Secretary a report on the results of its review of
the acquisition organizations of the Department of Defense, including
any recommendations of the Task Force for improvements to those
organizations.
(f) Technical Reference Correction.--Section 1721(c) of title 10,
United States Code, is amended by striking out ``November 25, 1988'' and
inserting in lieu thereof ``November 12, 1996''.
Subtitle C--Department of Defense Schools and Centers
SEC. 921. 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 new section:
``Sec. 2165. National Defense University: component institutions
``(a) In General.--There is a National Defense University in the
Department of Defense.
``(b) Component Institutions.--The National Defense University
consists of 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 new item:
``2165. National Defense University: component institutions.''.
(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 each of 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.
[[Page 111 STAT. 1863]]
``(8) The Marine Corps University.''.
(c) Repeal of Duplicative Definition.--Section 1595(d) of such title
is amended--
(1) by striking out ``(1)'' before ``In the case of''; and
(2) by striking out paragraph (2).
SEC. 922. CENTER FOR HEMISPHERIC DEFENSE STUDIES.
(a) Institution of the National Defense University.--Subsection (b)
of section 2165 of title 10, United States Code, as added by section
921(a)(1), is amended by adding at the end the following new paragraph:
``(6) The Center for Hemispheric Defense Studies.''.
(b) Civilian Faculty Members.--Section 1595 of title 10, United
States Code, is amended by striking out subsections (e) and (f) and
inserting in lieu thereof the following:
``(e) Applicability to Director and Deputy Director at Certain
Institutions.--In addition to the persons specified in subsection (a),
this section also applies with respect to the Director and the Deputy
Director of the following:
``(1) The George C. Marshall European Center for Security
Studies.
``(2) The Asia-Pacific Center for Security Studies.
``(3) The Center for Hemispheric Defense Studies.''.
SEC. 923. CORRECTION TO REFERENCE TO GEORGE C. MARSHALL EUROPEAN CENTER
FOR SECURITY STUDIES.
(a) Correction to Reference to Name of Center.--Subsection (a) of
section 506 of the Intelligence Authorization Act, Fiscal Year 1990
(Public Law 101-193; 8 U.S.C. 1430 note), is amended by striking out
``the United States Army Russian Institute'' and inserting in lieu
thereof ``the George C. Marshall European Center for Security Studies''.
(b) Section Heading.--The heading of such section is amended to read
as follows:
``requirements for citizenship for staff of george c. marshall european
center for security studies''.
Subtitle D--Department of Defense Intelligence Matters
SEC. 931. TRANSFER OF CERTAIN MILITARY DEPARTMENT PROGRAMS FROM TIARA
BUDGET AGGREGATION.
(a) Transfer.--Effective <<NOTE: Effective date.>> March 1, 1998,
the Secretary of Defense shall, for each program identified by the
Secretary under subsection (c)(2), transfer the management and budgeting
of funds for that program from the TIARA budget aggregation to a
nonintelligence budget activity of the military department responsible
for that program.
(b) Assessment.--The Secretary of Defense shall conduct an
assessment of the policy of the Department of Defense that is used for
determining the programs of the Department that are included within the
TIARA budget aggregation. In conducting the assessment, the Secretary--
[[Page 111 STAT. 1864]]
(1) shall consider whether the current policy is in need of
revision to reflect changes in technology and battlefield use of
TIARA systems;
(2) shall specifically consider the appropriateness of the
continued inclusion in the TIARA budget aggregation of each of
the programs described in subsection (e); and
(3) may consider the appropriateness of the continued
inclusion in the TIARA budget aggregation of any other program
(in addition to the programs described to in subsection (e))
that as of the date of the enactment of this Act is managed and
budgeted as part of the TIARA budget aggregation.
(c) Report.--Not later than March 1, 1998, the Secretary of Defense
shall submit to Congress a report on the assessment carried out under
section (b). The Secretary shall include in the report--
(1) a description of any proposed changes to Department of
Defense policies for determining which programs are included in
the TIARA budget aggregation; and
(2) identification of each program (among the programs
considered pursuant to paragraphs (2) and (3) of subsection (b))
for which the management and budgeting of funds is to be
transferred under subsection (a).
(d) Identification of Programs.--(1) In specifying the programs to
be included on the list under subsection (c)(2), the
Secretary--
(A) shall (except as otherwise provided pursuant to a waiver
under paragraph (2)) include each program described in
subsection (e); and
(B) may include such additional programs considered in the
assessment pursuant to subsection (b)(3) as the Secretary
determines appropriate.
(2) The Secretary, after considering the results of the assessment
under subsection (c), may waive the applicability of paragraph (1)(A) to
any program described in subsection (e). The Secretary shall include in
the report under subsection (c) identification of each such program for
which the Secretary has granted such a waiver and supporting rationale
for each waiver.
(e) Covered Programs.--The programs described in this subsection are
the following (each of which, as of the date of the enactment of this
Act, is managed and budgeted as part of the TIARA budget aggregation):
(1) Each targeting or target acquisition program of the
Department of Defense, including the Joint Surveillance and
Target Attack Radar System (JSTARS) and the Advanced Deployable
System.
(2) Each Tactical Warning and Attack Assessment program of
the Department of Defense, including the Defense Support
Program, the Space-Based Infrared Program, and early warning
radars.
(3) Each tactical communications system of the Department of
Defense, including the Joint Tactical Terminal.
(f) TIARA Budget Aggregation Defined.--For purposes of this section,
the term ``TIARA budget aggregation'' means the aggregation of programs
of the Department of Defense for which funds are managed and budgeted
through a common designation as Tactical Intelligence and Related
Activities (TIARA) of the Department of Defense.
[[Page 111 STAT. 1865]]
SEC. 932. REPORT ON 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 have
proven to be inadequate and, being inadequate, have diminished
the usefulness of that information and have precluded 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 has resulted in
inaccurate analysis of important intelligence material.
(4) Excessive restrictions on the distribution of
information within the executive branch have 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) Report 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 access of commanders of the combatant
commands and deployed units of the Armed Forces to intelligence
collected and analyzed by the intelligence community.
[[Page 111 STAT. 1866]]
SEC. 933. 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.''.
(2) Section 467(4) of title 10, United States Code, is amended--
(A) by inserting ``and'' at the end of subparagraph (A);
(B) in subparagraph (B), by striking out ``and geodetic
data; and'' and inserting in lieu thereof ``geodetic data, and
related products.''; and
(C) by striking out subparagraph (C).
SEC. 934. POW/MIA <<NOTE: 10 USC 1501 note.>> INTELLIGENCE ANALYSIS.
(a) Intelligence Analysis.--The Director of Central Intelligence, in
consultation with the Secretary of Defense, shall provide intelligence
analysis on matters concerning prisoners of war and missing persons (as
defined in chapter 76 of title 10, United States Code) to all
departments and agencies of the Federal Government involved in such
matters.
(b) Use of Intelligence in Analysis of POW/MIA Cases in Department
of Defense.--The Secretary of Defense shall ensure that the Defense
Prisoner of War/Missing Personnel Office of the Department of Defense
takes into full account all intelligence regarding matters concerning of
prisoners of war and missing persons (as defined in chapter 76 of title
10, United States Code) in analyzing cases involving such persons.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Authority for obligation of unauthorized fiscal year 1997
defense appropriations.
Sec. 1004. Authorization of prior emergency supplemental appropriations
for fiscal year 1997.
Sec. 1005. Increase in fiscal year 1996 transfer authority.
Sec. 1006. Revision of authority for Fisher House trust funds.
Sec. 1007. Flexibility in financing closure of certain outstanding
contracts for which a small final payment is due.
Sec. 1008. Biennial financial management improvement plan.
Sec. 1009. Estimates and requests for procurement and military
construction for the reserve components.
Sec. 1010. Sense of Congress regarding funding for reserve component
modernization not requested in President's budget.
Sec. 1011. Management of working-capital funds.
Sec. 1012. Authority of Secretary of Defense to settle claims relating
to pay,
allowances, and other benefits.
Sec. 1013. Payment of claims by members for loss of personal property
due to
flooding in Red River Basin.
Sec. 1014. Advances for payment of public services.
Sec. 1015. United States Man and the Biosphere Program limitation.
Subtitle B--Naval Vessels and Shipyards
Sec. 1021. Procedures for sale of vessels stricken from the Naval Vessel
Register.
Sec. 1022. Authority to enter into a long-term charter for a vessel in
support of the Surveillance Towed-Array Sensor (SURTASS)
program.
Sec. 1023. Transfer of two specified obsolete tugboats of the Army.
[[Page 111 STAT. 1867]]
Sec. 1024. Congressional review period with respect to transfer of ex-
U.S.S. Hornet (CV-12) and ex-U.S.S. Midway (CV-41).
Sec. 1025. Transfers of naval vessels to certain foreign countries.
Sec. 1026. Reports relating to export of vessels that may contain
polychlorinated biphenyls.
Sec. 1027. Conversion of defense capability preservation authority to
Navy shipbuilding capability preservation authority.
Subtitle C--Counter-Drug Activities
Sec. 1031. Use of National Guard for State drug interdiction and
counter-drug
activities.
Sec. 1032. Authority to provide additional support for counter-drug
activities of Mexico.
Sec. 1033. Authority to provide additional support for counter-drug
activities of Peru and Colombia.
Sec. 1034. Annual report on development and deployment of narcotics
detection technologies.
Subtitle D--Miscellaneous Report Requirements and Repeals
Sec. 1041. Repeal of miscellaneous reporting requirements.
Sec. 1042. Study of transfer of modular airborne fire fighting system.
Sec. 1043. Overseas infrastructure requirements.
Sec. 1044. Additional matters for annual report on activities of the
General
Accounting Office.
Sec. 1045. Eye safety at small arms firing ranges.
Sec. 1046. Reports on Department of Defense procedures for investigating
military aviation accidents and for notifying and assisting
families of victims.
Subtitle E--Matters Relating to Terrorism
Sec. 1051. Oversight of counterterrorism and antiterrorism activities;
report.
Sec. 1052. Provision of adequate troop protection equipment for Armed
Forces
personnel engaged in peace operations; report on
antiterrorism activities and protection of personnel.
Subtitle F--Matters Relating to Defense Property
Sec. 1061. Lease of nonexcess personal property of military departments.
Sec. 1062. Lease of nonexcess property of Defense Agencies.
Sec. 1063. Donation of excess chapel property to churches damaged or
destroyed by arson or other acts of terrorism.
Sec. 1064. Authority of the Secretary of Defense concerning disposal of
assets under cooperative agreements on air defense in Central
Europe.
Sec. 1065. Sale of excess, obsolete, or unserviceable ammunition and
ammunition components.
Sec. 1066. Transfer of B-17 aircraft to museum.
Sec. 1067. Report on disposal of excess and surplus materials.
Subtitle G--Other Matters
Sec. 1071. Authority for special agents of the Defense Criminal
Investigative
Service to execute warrants and make arrests.
Sec. 1072. Study of investigative practices of military criminal
investigative organizations relating to sex crimes.
Sec. 1073. Technical and clerical amendments.
Sec. 1074. Sustainment and operation of the Global Positioning System.
Sec. 1075. Protection of safety-related information voluntarily provided
by air
carriers.
Sec. 1076. National Guard Challenge Program to create opportunities for
civilian youth.
Sec. 1077. Disqualification from certain burial-related benefits for
persons
convicted of capital crimes.
Sec. 1078. Restrictions on the use of human subjects for testing of
chemical or
biological agents.
Sec. 1079. Treatment of military flight operations.
Sec. 1080. Naturalization of certain foreign nationals who serve
honorably in the Armed Forces during a period of conflict.
Sec. 1081. Applicability of certain pay authorities to members of
specified
independent study organizations.
Sec. 1082. Display of POW/MIA flag.
Sec. 1083. Program to commemorate 50th anniversary of the Korean
conflict.
Sec. 1084. Commendation of members of the Armed Forces and Government
civilian personnel who served during the Cold War;
certificate of recognition.
[[Page 111 STAT. 1868]]
Sec. 1085. Sense of Congress on granting of statutory Federal charters.
Sec. 1086. Sense of Congress regarding military voting rights.
Sec. 1087. Designation of Bob Hope as an honorary veteran of the Armed
Forces of the United States.
Sec. 1088. Five-year extension of aviation insurance program.
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
$2,000,000,000.
(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. INCORPORATION <<NOTE: 10 USC 114 note.>> OF CLASSIFIED
ANNEX.
(a) Status of Classified Annex.--The Classified Annex prepared by
the committee of conference to accompany the conference report on the
bill H.R. 1119 of the One Hundred Fifth Congress and transmitted to the
President is hereby incorporated into this Act.
(b) Construction With Other Provisions of Act.--The amounts
specified in the Classified Annex are not in addition to amounts
authorized to be appropriated by other provisions of this Act.
(c) Limitation on Use of Funds.--Funds appropriated pursuant to an
authorization contained in this Act that are made available for a
program, project, or activity referred to in the Classified Annex may
only be expended for such program, project, or activity in accordance
with such terms, conditions, limitations, restrictions, and requirements
as are set out for that program, project, or activity in the Classified
Annex.
(d) Distribution of Classified Annex.--The President shall provide
for appropriate distribution of the Classified Annex, or of appropriate
portions of the annex, within the executive branch of the Government.
[[Page 111 STAT. 1869]]
SEC. 1003. AUTHORITY FOR OBLIGATION OF 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 (as contained in 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. 1004. 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. 1005. INCREASE IN FISCAL YEAR 1996 TRANSFER AUTHORITY.
Section 1001(a)(2) of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 100 Stat. 414) is amended by
striking out ``$2,000,000,000'' and inserting in lieu thereof
``$3,100,000,000''.
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 <<NOTE: 10 USC 2221 note.>> of Air Force Trust Fund.--
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. FLEXIBILITY IN FINANCING CLOSURE OF CERTAIN OUTSTANDING
CONTRACTS FOR WHICH A SMALL FINAL PAYMENT IS DUE.
(a) Closure of <<NOTE: Applicability.>> Outstanding Contracts.--The
Secretary of Defense may make the final payment on a contract to which
this
[[Page 111 STAT. 1870]]
section applies from the account established pursuant to subsection (d).
(b) Covered <<NOTE: Applicability.>> Contracts.--This section
applies to any contract of the Department of Defense--
(1) that was entered into before December 5, 1990; and
(2) for which an unobligated balance of an appropriation
that had been initially applied to the contract was canceled
before December 5, 1990, pursuant to section 1552 of title 31,
United States Code, as in effect before that date.
(c) Authority Limited to Small Final Payments.--The Secretary may
use the authority provided by this section only for a contract for which
the amount of the final payment due is not greater than the micro-
purchase threshold (as defined in section 32 of the Office of Federal
Procurement Policy Act (41 U.S.C. 428)).
(d) Account.--The Secretary may establish an account for the
purposes of this section. The Secretary may from time to time transfer
into the account, from funds made available to the Department of Defense
for procurement or for research, development, test, and evaluation, such
amounts as the Secretary determines to be needed for the purposes of the
account, except that the total of such transfers may not exceed
$1,000,000. Amounts in the account may be used only for the purposes of
this section.
(e) Closure of Account.--When the Secretary determines that all
contracts to which this section applies have been closed and there is no
further need for the account established under subsection (d), the
Secretary shall close the account. Any amounts remaining in the account
shall be covered into the Treasury as miscellaneous receipts.
SEC. 1008. BIENNIAL FINANCIAL MANAGEMENT IMPROVEMENT PLAN.
(a) Biennial Plan.--(1) Chapter 131 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 2222. Biennial financial management improvement plan
``(a) Biennial Plan Required.--The Secretary of Defense shall submit
to Congress a biennial strategic plan for the improvement of financial
management within the Department of Defense. The plan shall be submitted
not later than September 30 of each even-numbered year.
``(b) Concept of Operations.--Each plan under subsection (a) shall
include a statement of the Secretary of Defense's concept of operations
for the financial management of the Department of Defense. Each such
statement shall be a clear description of the manner in which the
Department's financial management operations are carried out or will be
carried out under the improvements set forth in the plan under
subsection (a), including identification of operations that must be
performed.
``(c) Matters To Be Addressed in Plan.--(1) Each plan under
subsection (a) shall address all aspects of financial management within
the Department of Defense, including the finance systems, accounting
systems, and data feeder systems of the Department that support
financial functions of the Department.
``(2) For the purposes of paragraph (1), a data feeder system is an
automated or manual system from which information is derived for a
financial management system or an accounting system.''.
[[Page 111 STAT. 1871]]
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``2222. Biennial financial management improvement plan.''.
(b) Additional <<NOTE: 10 USC 2222 note.>> Content of First Plan.--
The first financial management improvement plan submitted under section
2222 of title 10, United States Code (as added by subsection (a)), shall
include the following:
(1) A description of the costs and benefits of integrating
the various finance and accounting systems of the Department of
Defense and reducing the total number of such systems, together
with the Secretary's assessment of the feasibility of
implementing such an integration.
(2) Identification of problems with the accuracy of data
included in the finance systems, accounting systems, and data
feeder systems that support financial functions of the
Department of Defense, together with a description of the
actions that the Secretary can take to address those problems.
(3) Identification of weaknesses in the internal controls of
the systems referred to in paragraph (2), together with a
description of the actions that the Secretary can take to
address those weaknesses.
(4) A description of actions that the Secretary can take to
eliminate negative unliquidated obligations, unmatched
disbursements, and in-transit disbursements and to avoid such
obligations and disbursements in the future.
(5) A description of the status of the efforts being
undertaken in the Department to consolidate and eliminate--
(A) redundant or unneeded finance systems; and
(B) redundant or unneeded accounting systems.
(6) A description of efforts being undertaken to consolidate
or eliminate redundant personnel data systems, acquisition data
systems, asset accounting systems, time and attendance systems,
and other data feeder systems of the Department.
(7) A description of efforts being undertaken to integrate
the data feeder systems of the Department with the finance and
accounting systems of the Department.
(8) A description of problems with the organization or
performance of the Operating Locations and Service Centers of
the Defense Finance and Accounting Service, together with a
description of the actions the Secretary can take to address
those problems.
(9) A description of the costs and benefits of reorganizing
the Operating Locations and Service Centers of the Defense
Finance and Accounting Service according to function, together
with the Secretary's assessment of the feasibility of carrying
out such a reorganization.
(10) A description of the costs and benefits of contracting
for private-sector performance of specific functions currently
performed by the Defense Finance and Accounting Service,
together with the Secretary's assessment of the feasibility of
contracting for such performance.
(11) A description of actions that can be taken to ensure
that each comptroller position (and comparable position) in the
Department of Defense, whether filled by a member of the Armed
Forces or by a civilian employee, is held by a person who, by
reason of education, technical competence, and
[[Page 111 STAT. 1872]]
experience, has the core competencies for financial management.
(12) A description of any other change in the financial
management structure of the Department or revision of the
financial processes and business practices of the Department
that the Secretary considers necessary to improve financial
management in the Department.
(c) Additional <<NOTE: 10 USC 2222 note.>> Matters.--For each of
the problems and actions identified pursuant to paragraphs (1) through
(12) of subsection (b) or in any other part of the plan covered by that
subsection, the Secretary shall include statements of objectives,
performance measures, and schedules and shall specify the individual and
organizational responsibilities.
(d) Definition.--In <<NOTE: 10 USC 2222 note.>> subsection (b), the
term ``data feeder system'' has the meaning given that term in
subsection (c)(2) of section 2222 of title 10, United States Code, as
added by subsection (a).
SEC. 1009. 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 <<NOTE: 10 USC 10543 note.>> 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
[[Page 111 STAT. 1873]]
level of detail provided for procurement and military construction in
the future-years defense program for fiscal year 1998.
SEC. 1010. SENSE OF CONGRESS REGARDING FUNDING FOR RESERVE COMPONENT
MODERNIZATION NOT REQUESTED IN PRESIDENT'S BUDGET.
(a) Criteria.--It is the sense of Congress that, to the maximum
extent practicable, Congress should authorize appropriations for
procurement of reserve component modernization equipment for a fiscal
year for equipment that is not included in the budget of the President
for that fiscal year only if--
(1) there is a requirement for that equipment that has been
validated by the Joint Requirements Oversight Council;
(2) procurement of that equipment is included for reserve
component modernization in the modernization plan of the
military department concerned and is incorporated into the
current future-years defense program;
(3) procurement of that equipment is consistent with planned
use of reserve component forces under Department of Defense war
plans; and
(4) funds for that procurement, if authorized and
appropriated for that fiscal year, could be obligated during
that fiscal year.
(b) Consideration of Views of Chairman of Joint Chiefs of Staff.--It
is further the sense of Congress that, in applying the criteria set
forth in subsection (a) with respect to procurement of reserve component
modernization equipment, Congress should obtain the views of the
Chairman of the Joint Chiefs of Staff on whether, under Department of
Defense war plans, that equipment is appropriate for procurement for,
and assignment to, reserve component forces.
SEC. 1011. MANAGEMENT OF WORKING-CAPITAL FUNDS.
(a) Contracting for Capital Assets Procurement in Advance of
Funds.--Section 2208 of title 10, United States Code, is amended by
striking out subsection (k) and inserting in lieu thereof the following
new subsection:
``(k)(1) Subject to paragraph (2), a contract for the procurement of
a capital asset financed by a working-capital fund may be awarded in
advance of the availability of funds in the working-capital fund for the
procurement.
``(2) Paragraph (1) applies to any of the following capital assets
that have a development or acquisition cost of not less than $100,000:
``(A) An unspecified minor military construction project
under section 2805(c)(1) of this title.
``(B) Automatic data processing equipment or software.
``(C) Any other equipment.
``(D) Any other capital improvement.''.
(b) Use of Advance Billing.--Such section is further amended by
adding at the end the following new subsection:
``(l)(1) An advance billing of a customer of a working-capital fund
may be made if the Secretary of the military department concerned
submits to Congress written notification of the advance billing within
30 days after the end of the month in which the advanced billing was
made. The notification shall include the
following:
``(A) The reasons for the advance billing.
[[Page 111 STAT. 1874]]
``(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.
``(2) The Secretary of Defense may waive the notification
requirements of paragraph (1)--
``(A) during a period war or national emergency; or
``(B) to the extent that the Secretary determines necessary
to support a contingency operation.
``(3) 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.''.
(c) Fiscal Year Limitations.--(1) The total amount of advance
billings for Department of the Navy working-capital funds and the
Defense Business Operations Fund may not exceed--
(A) $1,000,000,000 for fiscal year 1998; and
(B) $800,000,000 for fiscal year 1999.
(2) For purposes of paragraph (1), the term ``advance billing'' has
the meaning given such term in section 2208(l)(3) of title 10, United
States Code, as added by subsection (b).
SEC. 1012. AUTHORITY OF SECRETARY OF DEFENSE TO SETTLE CLAIMS RELATING
TO PAY, ALLOWANCES, AND OTHER BENEFITS.
Section 3702(e) of title 31, United States Code, is amended--
(1) in paragraph (1), by striking out ``Comptroller
General'' and inserting in lieu thereof ``Secretary of
Defense''; and
(2) by striking out paragraph (2) and inserting in lieu
thereof the following new paragraph:
``(2) Payment of a claim settled under paragraph (1) 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. 1013. PAYMENT OF CLAIMS BY MEMBERS FOR LOSS OF PERSONAL PROPERTY
DUE TO FLOODING IN RED RIVER BASIN.
(a) Payment Authorized.--Notwithstanding section 3721(e) of title
31, United States Code, the Secretary of a military department may pay
the claim of a member of the Armed Forces who resided (or whose
dependents resided) in the vicinity of Grand Forks Air Force Base, North
Dakota, during April and May 1997 for loss and damage to personal
property incurred by the member as a direct result of the flooding in
the Red River Basin during such months.
(b) Report on <<NOTE: 10 USC 2731 note.>> Department Policy.--The
Secretary of Defense shall submit to Congress a report describing the
Department of Defense policy regarding the payment of a claim by a
member of the Armed Forces who is not assigned to quarters of the United
States for losses and damage to personal property of the member incurred
at the member's residence as a result of a natural disaster. The report
shall include a description of the number of such claims
[[Page 111 STAT. 1875]]
received over the past 10 years, the number of claims paid, and the
number of claims rejected. If the Secretary determines the Department of
Defense should modify its policy in order to accept additional claims by
members who are not assigned to quarters of the United States for losses
and damage to personal property, the Secretary shall also include in the
report any legislative changes that the Secretary considers necessary to
enable the Secretary to implement the policy change.
SEC. 1014. ADVANCES FOR PAYMENT OF PUBLIC SERVICES.
(a) In General.--Subsection (a) of section 2396 of title 10, United
States Code, is amended--
(1) by striking out ``and'' at the end of paragraph (2);
(2) by striking out the period at the end of paragraph (3)
and inserting in lieu thereof ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) public service utilities.''.
(b) Clerical Amendments.--(1) The heading of such section is amended
to read as follows:
``Sec. 2396. Advances for payments for compliance with foreign laws,
rent in foreign countries, tuition, public
utility services, and pay and supplies of armed
forces of friendly foreign countries''.
(2) 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:
``2396. Advances for payments for compliance with foreign laws, rent in
foreign countries, tuition, public utility services, and pay
and supplies of armed forces of friendly foreign
countries.''.
SEC. 1015. UNITED STATES MAN AND THE BIOSPHERE PROGRAM LIMITATION.
During fiscal year 1998, the Secretary of Defense may not take any
steps to carry out or support the United States Man and the Biosphere
Program or any related project.
Subtitle B--Naval Vessels and Shipyards
SEC. 1021. 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).
[[Page 111 STAT. 1876]]
``(3) Before <<NOTE: Publication.>> 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. 1022. AUTHORITY TO ENTER INTO A LONG-TERM CHARTER FOR A VESSEL IN
SUPPORT OF THE SURVEILLANCE TOWED-ARRAY SENSOR (SURTASS)
PROGRAM.
The Secretary of the Navy is authorized to enter into a contract in
accordance with section 2401 of title 10, United States Code, for the
charter, for a period through fiscal year 2003, of the vessel RV CORY
CHOUEST (United States official number 933435) in support of the
Surveillance Towed-Array Sensor (SURTASS) program.
SEC. 1023. TRANSFER OF TWO SPECIFIED OBSOLETE TUGBOATS OF THE ARMY.
(a) Authority To Transfer Vessels.--The Secretary of the Army may
transfer the two obsolete tugboats of the Army described in subsection
(b) to the Brownsville Navigation District, Brownsville, Texas.
(b) Vessels Covered.--Subsection (a) applies to the following two
decommissioned tugboats of the Army, each of which is listed as of the
date of the enactment of this Act as being surplus to the needs of the
Army: the Normandy (LT-1971) and the Salerno (LT-1953).
(c) Transfers To Be at No Cost to United States.--A transfer
authorized by this section shall be made at no cost to the United
States.
(d) Terms and Conditions.--The Secretary may require such additional
terms and conditions in connection with the transfers authorized by this
section as the Secretary considers appropriate.
SEC. 1024. CONGRESSIONAL REVIEW PERIOD WITH RESPECT TO TRANSFER OF EX-
U.S.S. HORNET (CV-12) AND EX-U.S.S. MIDWAY (CV-41).
(a) Reduction in Congressional Review Period.--In applying section
7306 of title 10, United States Code, with respect to the transfer of a
vessel specified in subsection (c), subsection (d)(1)(B) of that section
shall be applied by substituting ``30 days'' for ``60 days''.
(b) Waiver if Only One Qualified Entity Applies for Transfer of
Vessel.--If in the case of a vessel specified in subsection (c) only a
single qualified entity, as determined by the Secretary of the Navy,
applies for transfer of the vessel, the Secretary may carry out the
transfer of the vessel under section 7306 of title 10, United States
Code, without regard to subsection (d)(1)(B) of that section. In such a
case, the transfer may be made only after 10 days of continuous session
of Congress (determined in the manner specified in section 7306(d)(2) of
title 10, United States Code) have expired following the date on which
the Secretary submits
[[Page 111 STAT. 1877]]
to Congress a certification that only a single qualified entity applied
for transfer of the vessel.
(c) Covered Vessels.--This section applies to the following vessels
(each of which is a decommissioned aircraft carrier):
(1) Ex-U.S.S. HORNET (CV-12).
(2) Ex-U.S.S. MIDWAY (CV-41).
SEC. 1025. TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN COUNTRIES.
(a) Authority.--The Secretary of the Navy is authorized to transfer
vessels to foreign countries on a sales basis under section 21 of the
Arms Export Control Act (22 U.S.C. 2761) as follows:
(1) To the Government of Brazil, the HUNLEY class submarine
tender HOLLAND (AS 32).
(2) To the Government of Chile, the KAISER class oiler
ISHERWOOD (T-AO 191).
(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 NEWPORT class tank
landing ship PEORIA (LST 1183).
(5) To the Government of Malaysia, the NEWPORT class tank
landing ship BARBOUR COUNTY (LST 1195).
(6) To the Government of Mexico, the KNOX class frigate
ROARK (FF 1053).
(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 NEWPORT class tank
landing ship SCHENECTADY (LST 1185).
(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 two-year period
beginning on the date of the enactment of this Act.
[[Page 111 STAT. 1878]]
SEC. 1026. REPORTS RELATING TO EXPORT OF VESSELS THAT MAY CONTAIN
POLYCHLORINATED BIPHENYLS.
(a) Reports Required.--Not later than March 1, 1998, the Secretary
of the Navy (with respect to the Navy), the Administrator of the
Maritime Administration (with respect to the Maritime Administration),
and the Administrator of the Environmental Protection Agency (with
respect to the Environmental Protection Agency) shall each submit to
Congress a report on the implementation of the agreement between the
Department of the Navy and the Environmental Protection Agency that
became effective August 6, 1997, and that is titled ``Export of Naval
Vessels that May Contain Polychlorinated Biphenyls for Scrapping Outside
the United States''.
(b) Contents of Reports.--The reports required by subsection (a)
shall address, at a minimum, the following:
(1) An assessment of the effects of the notification
requirements regarding the export of vessels for scrapping, any
impediments that those requirements may create for the export of
vessels, and any changes to the agreement that may be required
to address those impediments.
(2) An explanation of the process by which it is determined
which solid items containing polychlorinated biphenyls are
readily removable and must be removed before the export of a
vessel for scrapping, what types of polychlorinated biphenyls
have been determined to be readily removable pursuant to this
process, any impediments that such determinations may create for
the export of vessels, and any changes to the agreement that may
be required to address those impediments or to ensure protection
of human health and the environment.
(c) Amendments Relating to Disposal of Obsolete Vessels From the
National Defense Reserve Fleet.--Section 6 of the National Maritime
Heritage Act of 1994 (Public Law 103-451; 108 Stat. 4776; 16 U.S.C.
5405) is amended--
(1) in subsections (a)(1) and (b)(2)--
(A) by inserting ``or 510(i)'' after ``508''; and
(B) by inserting ``or 1160(i)'' after ``1158'';
(2) in subsection (b)(2), by striking out ``first 6'' and
inserting in lieu thereof ``first 8''; and
(3) in subsection (c)(1)(A), by striking out ``1999'' and
inserting in lieu thereof ``2001''.
SEC. 1027. CONVERSION OF DEFENSE CAPABILITY PRESERVATION AUTHORITY TO
NAVY SHIPBUILDING CAPABILITY PRESERVATION AUTHORITY.
(a) In General.--(1) Chapter 633 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 7315. Preservation of Navy shipbuilding capability
``(a) Shipbuilding Capability Preservation Agreements.--The
Secretary of the Navy may enter into an agreement, to be known as a
`shipbuilding capability preservation agreement', with a shipbuilder
under which the cost reimbursement rules described in subsection (b)
shall be applied to the shipbuilder under a Navy contract for the
construction of a ship. Such an agreement may be entered into in any
case in which the Secretary determines
[[Page 111 STAT. 1879]]
that the application of such cost reimbursement rules would facilitate
the achievement of the policy objectives set forth in section 2501(b) of
this title.
``(b) Cost Reimbursement Rules.--The cost reimbursement rules
applicable under an agreement entered into under subsection (a) are as
follows:
``(1) The Secretary of the Navy shall, in determining the
reimbursement due a shipbuilder for its indirect costs of
performing a contract for the construction of a ship for the
Navy, allow the shipbuilder to allocate indirect costs to its
private sector work only to the extent of the shipbuilder's
allocable indirect private sector costs, subject to paragraph
(3).
``(2) For purposes of paragraph (1), the allocable indirect
private sector costs of a shipbuilder are those costs of the
shipbuilder that are equal to the sum of the following:
``(A) The incremental indirect costs attributable to
such work.
``(B) The amount by which the revenue attributable
to such private sector work exceeds the sum of--
``(i) the direct costs attributable to such
private sector work; and
``(ii) the incremental indirect costs
attributable to such private sector work.
``(3) The total amount of allocable indirect private sector
costs for a contract covered by the agreement may not exceed the
amount of indirect costs that a shipbuilder would have allocated
to its private sector work during the period covered by the
agreement in accordance with the shipbuilder's established
accounting practices.
``(c) Authority To Modify Cost Reimbursement Rules.--The cost
reimbursement rules set forth in subsection (b) may be modified by the
Secretary of the Navy for a particular agreement if the Secretary
determines that modifications are appropriate to the particular
situation to facilitate achievement of the policy set forth in section
2501(b) of this title.
``(d) 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.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``7315. Preservation of Navy shipbuilding capability.''.
[[Page 111 STAT. 1880]]
(b) Implementation.--Not <<NOTE: Regulations. 10 USC 7315 note.>>
later than 30 days after the date of the enactment of this Act, the
Secretary of the Navy shall establish application procedures and
procedures for expeditious consideration of shipbuilding capability
preservation agreements as authorized by section 7315 of title 10,
United States Code, as added by subsection (a).
(c) Report.--Not later than February 15, 1998, the Secretary of the
Navy shall submit to Congress a report on applications for shipbuilding
capability preservation agreements under section 7315 of title 10,
United States Code, as added by subsection (a). The report shall specify
the number of the applications received, the number of the applications
approved, and a discussion of the reasons for disapproval of any
application disapproved.
(d) Repeal of Superseded Provision.--Section 808 of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110
Stat. 393; 10 U.S.C. 2501 note) is repealed.
Subtitle C--Counter-Drug Activities
SEC. 1031. USE OF NATIONAL GUARD FOR STATE DRUG INTERDICTION AND
COUNTER-DRUG ACTIVITIES.
(a) Relationship to Training and Readiness.--Subsection (b) of
section 112 of title 32, United States Code, is amended--
(1) by inserting ``(1)'' before ``Under regulations''; and
(2) by adding at the end the following new paragraphs:
``(2) To ensure that the use of units and personnel of the National
Guard of a State pursuant to a State drug interdiction and counter-drug
activities plan is not detrimental to the training and readiness of such
units and personnel, the requirements of section 2012(d) of title 10
shall apply in determining the drug interdiction and counter-drug
activities that units and personnel of the National Guard of a State may
perform.
``(3) Section 508 of this title, regarding the provision of
assistance to certain specified youth and charitable organizations,
shall apply in any case in which a unit or member of the National Guard
of a State is proposed to be used pursuant to a State drug interdiction
and counter-drug activities plan to provide to an organization specified
in subsection (d) of such section any of the services described in
subsection (b) of such section or services regarding counter-drug
education.''.
(b) Engineer-Type Activities.--Subsection (c) of such section is
amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively; and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) certify that any engineer-type activities (as defined
by the Secretary of Defense) under the plan will be performed
only by units and members of the National Guard;''.
(c) Annual Report.--Such section is further amended--
(1) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively; and
(2) by inserting after subsection (f) the following new
subsection:
``(g) Annual Report.--The Secretary of Defense shall submit to
Congress an annual report regarding assistance provided and
[[Page 111 STAT. 1881]]
activities carried out under this section during the preceding fiscal
year. The report shall include the following:
``(1) The number of members of the National Guard excluded
under subsection (e) from the computation of end strengths.
``(2) A description of the drug interdiction and counter-
drug activities conducted under State drug interdiction and
counter-drug activities plans referred to in subsection (c) with
funds provided under this section.
``(3) An accounting of the amount of funds provided to each
State.
``(4) A description of the effect on military training and
readiness of using units and personnel of the National Guard to
perform activities under the State drug interdiction and
counter-drug activities plans.''.
(d) Conforming Amendments.--Subsection (e) of such section is
amended--
(1) by striking out ``(1)'' before ``Members''; and
(2) by striking out paragraph (2).
SEC. 1032. AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR COUNTER-DRUG
ACTIVITIES OF MEXICO.
(a) Extension of Authority; Consultation of Secretary of State.--
Subsection (a) of section 1031 of the National Defense Authorization Act
for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2637), is amended--
(1) by striking out ``fiscal year 1997'' and inserting in
lieu thereof ``fiscal years 1997 and 1998''; and
(2) by inserting after the first sentence the following new
sentence: ``In providing support to the Government of Mexico
under this section, the Secretary of Defense shall consult with
the Secretary of State.''.
(b) Extension of Availability of Funds.--Subsection (d) of such
section is amended--
(1) by striking out ``not more than'' and inserting in lieu
thereof ``an amount not to exceed''; and
(2) by adding at the end the following new sentences:
``Funds made available for fiscal year 1997 under this
subsection and unobligated by September 30, 1997, may be
obligated during fiscal year 1998. No funds are authorized to be
appropriated for fiscal year 1998 for the provision of support
under this section.''.
SEC. 1033. AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR COUNTER-DRUG
ACTIVITIES OF PERU AND COLOMBIA.
(a) Authority To Provide Support.--Subject to subsection (f), during
fiscal years 1998 through 2002, the Secretary of Defense may provide
either or both of the foreign governments named in subsection (b) with
the support described in subsection (c) for the counter-drug activities
of that government. In providing support to a government under this
section, the Secretary of Defense shall consult with the Secretary of
State. The support provided under the authority of this section shall be
in addition to support provided to the governments under any other
provision of law.
(b) Governments Eligible To Receive Support.--The foreign
governments eligible to receive counter-drug support under this section
are as follows:
(1) The Government of Peru.
[[Page 111 STAT. 1882]]
(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 to a government named
in subsection (b):
(1) The types of support specified in paragraphs (1), (2),
and (3) of section 1031(b) of the National Defense Authorization
Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2637).
(2) The transfer of riverine patrol boats.
(3) The maintenance and repair of equipment of the
government that is used for counter-drug 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 under this
section.
(e) Fiscal Year 1998 Funding; Limitation on Obligations.--(1) Of the
amount authorized to be appropriated under section 301(20) for drug
interdiction and counter-drug activities, an amount not to exceed
$9,000,000 shall be available for the provision of support under this
section.
(2) Amounts made available to carry out this section shall remain
available until expended, except that the total amount obligated and
expended under this section may not exceed $20,000,000 during any of the
fiscal years 1999 through 2002.
(f) Condition on Provision of Support.--(1) The Secretary of Defense
may not obligate or expend funds during a fiscal year to provide support
under this section to a government named in subsection (b) until the end
of the 15-day period beginning on the date on which the Secretary
submits to the congressional committees the written certification
described in subsection (g) for that fiscal year.
(2) In the case of the first fiscal year in which support is to be
provided under this section to a government named in subsection (b), the
obligation or expenditure of funds under this section to provide support
to that government shall also be subject to the condition that--
(A) the Secretary submit to the congressional committees the
riverine counter-drug plan described in subsection (h); and
(B) a period of 60 days expires after the date on which the
report is submitted.
(3) In the case of subsequent fiscal years in which support is to be
provided under this section to a government named in subsection (b), the
obligation or expenditure of funds under this section to provide support
to that government shall also be subject to the condition that the
Secretary submit to the congressional committees any revision of the
counter-drug plan described in subsection (h) applicable to that
government.
(4) For purposes of this subsection, the term ``congressional
committees'' means 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.
(g) Required Certification.--The written certification required by
subsection (f)(1) for a fiscal year is a certification of the following
with respect to each government to receive support under this section:
[[Page 111 STAT. 1883]]
(1) That the provision of the support to the government will
not adversely affect the military preparedness of the United
States Armed Forces.
(2) That the equipment and materiel provided as support will
be used only by officials and employees of the 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.
(3) That the government has certified to the Secretary of
Defense that--
(A) the equipment and materiel provided as support
will be used only by the officials and employees
referred to in paragraph (2);
(B) 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
(C) the equipment and materiel will be used only for
the purposes intended by the United States Government.
(4) That the government has implemented, to the satisfaction
of the Secretary of Defense, a system that will provide an
accounting and inventory of the equipment and materiel provided
as support.
(5) That the departments, agencies, and instrumentalities of
the 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)).
(6) That the government 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.
(7) That the government 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)).
(h) Riverine Counter-Drug Plan.--The Secretary of Defense, in
consultation with the Secretary of State, shall prepare for fiscal year
1998 (and revise as necessary for subsequent fiscal years) a riverine
counter-drug plan involving the governments named in subsection (b) to
which support will be provided under this section. The plan for a fiscal
year shall include the following with respect to each government to
receive support under this section:
(1) A detailed security assessment, including a discussion
of the threat posed by illicit drug traffickers in the foreign
country.
(2) An evaluation of previous and ongoing riverine counter-
drug operations by the government.
[[Page 111 STAT. 1884]]
(3) An assessment of the monitoring of past and current
assistance provided by the United States under this section to
the government to ensure the appropriate use of such assistance.
(4) A description of the centralized management and
coordination among Federal agencies involved in the development
and implementation of the plan.
(5) A description of the roles and missions and coordination
among agencies of the government involved in the development and
implementation of the plan.
(6) A description of the resources to be contributed by the
Department of Defense and the Department of State for the fiscal
year or years covered by the plan and the manner in which such
resources will be utilized under the plan.
(7) For the first fiscal year in which support is to be
provided under this section, a schedule for establishing a
riverine counter-drug program that can be sustained by the
government within five years, and for subsequent fiscal years, a
description of the progress made in establishing and carrying
out the program.
(8) A reporting system to measure the effectiveness of the
riverine counter-drug program.
(9) A detailed discussion of how the riverine counter-drug
program supports the national drug control strategy of the
United States.
SEC. 1034. ANNUAL <<NOTE: 21 USC 1505a.>> REPORT ON DEVELOPMENT AND
DEPLOYMENT OF NARCOTICS DETECTION TECHNOLOGIES.
(a) Report Requirement.--Not later than December 1st of each year,
the Director of the Office of National Drug Control Policy shall submit
to Congress and the President a report on the development and deployment
of narcotics detection technologies by Federal agencies. Each such
report shall be prepared in consultation with the Secretary of Defense,
the Secretary of State, the Secretary of Transportation, and the
Secretary of the Treasury.
(b) Matters To Be Included.--Each report under subsection (a) shall
include--
(1) a description of each project implemented by a Federal
agency relating to the development or deployment of narcotics
detection technology;
(2) the agency responsible for each project described in
paragraph (1);
(3) the amount of funds obligated or expended to carry out
each project described in paragraph (1) during the fiscal year
in which the report is submitted or during any fiscal year
preceding the fiscal year in which the report is submitted;
(4) the amount of funds estimated to be obligated or
expended for each project described in paragraph (1) during any
fiscal year after the fiscal year in which the report is
submitted to Congress; and
(5) a detailed timeline for implementation of each project
described in paragraph (1).
[[Page 111 STAT. 1885]]
Subtitle D--Miscellaneous Report Requirements and Repeals
SEC. 1041. REPEAL OF MISCELLANEOUS REPORTING REQUIREMENTS.
(a) Requirement for Notice of Conversion of Certain Heating Systems
at Installations in Europe.--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.''.
(b) Report on Availability of Suitable Alternative
Housing.--Section 2823 of title 10, United States Code, is
amended--
(1) by striking out subsection (b); and
(2) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
(c) Report on 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.
(d) Elimination of Requirement for Quarterly Report Concerning
Travel Funding for Chemical Demilitarization Citizens' Advisory
Commissioners.--(1) Section 1412(g) of the National Defense
Authorization Act for Fiscal Year 1986 (50 U.S.C. 1521(g)) is amended--
(A) by striking out paragraph (3);
(B) by striking out the last sentence of paragraph (4); and
(C) by redesignating paragraph (4) (as so amended) as
paragraph (3).
(2) Section 153(b) of the National Defense Authorization Act for
Fiscal Year 1996 (50 U.S.C. 1521 note) <<NOTE: 50 USC 1521.>> is
amended--
(A) by striking out ``Quarterly'' in the heading; and
(B) by striking out paragraphs (4) and (5).
SEC. 1042. STUDY OF TRANSFER OF MODULAR AIRBORNE FIRE FIGHTING SYSTEM.
Not later than six months after the date of the enactment of this
Act, the Secretary of Defense, in consultation with the Secretary of
Agriculture, shall submit to Congress a report evaluating the
feasibility of transferring jurisdiction over units of the Modular
Airborne Fire Fighting System from the Department of Agriculture to the
Department of Defense.
SEC. 1043. 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.
[[Page 111 STAT. 1886]]
(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.
[[Page 111 STAT. 1887]]
SEC. 1044. ADDITIONAL MATTERS FOR ANNUAL REPORT ON ACTIVITIES OF THE
GENERAL ACCOUNTING OFFICE.
Section 719(b) of title 31, United States Code, is amended by adding
at the end the following:
``(3) The report under subsection (a) shall also include a statement
of the staff hours and estimated cost of work performed on audits,
evaluations, investigations, and related work during each of the three
fiscal years preceding the fiscal year in which the report is submitted,
stated separately for each division of the General Accounting Office by
category as follows:
``(A) A category for work requested by the chairman of a
committee of Congress, the chairman of a subcommittee of such a
committee, or any other Member of Congress.
``(B) A category for work required by law to be performed by
the Comptroller General.
``(C) A category for work initiated by the Comptroller
General in the performance of the Comptroller General's general
responsibilities.''.
SEC. 1045. EYE SAFETY AT SMALL ARMS FIRING RANGES.
(a) Actions Required.--The Secretary of the Defense shall--
(1) conduct a study of eye safety at small arms firing
ranges of the Armed Forces; and
(2) develop for the use of the Armed Forces a protocol for
reporting eye injuries incurred in small arms firing activities
at the ranges.
(b) Agency Tasking.--The Secretary may delegate authority to carry
out the responsibilities set forth in subsection (a) to the United
States Army Center for Health Promotion and Preventive Medicine or any
other element of the Department of Defense that the Secretary considers
well qualified to carry out those responsibilities.
(c) Content of Study.--The study under subsection (a)(1) shall
include the following:
(1) An evaluation of the existing policies, procedures, and
practices of the Armed Forces regarding medical surveillance of
eye injuries resulting from weapons fire at the small arms
ranges.
(2) An examination of the existing policies, procedures, and
practices of the Armed Forces regarding reporting on vision
safety issues resulting from weapons fire at the small arms
ranges.
(3) Determination of rates of eye injuries, and trends in
eye injuries, resulting from weapons fire at the small arms
ranges.
(4) An evaluation of the costs and benefits of a requirement
for use of eye protection devices by all personnel firing small
arms at the ranges.
(d) Report.--The Secretary shall submit a report on the activities
required under this section to the Committees on Armed Services and on
Veterans' Affairs of the Senate and the Committees on National Security
and on Veterans' Affairs of the House of Representatives. The report
shall include--
(1) the findings resulting from the study under paragraph
(1) of subsection (a); and
(2) the protocol developed under paragraph (2) of such
subsection.
[[Page 111 STAT. 1888]]
(e) Schedule.--(1) The Secretary shall ensure that the study is
commenced not later than January 1, 1998, and is completed not later
than six months after the date on which it is commenced.
(2) The Secretary shall submit the report required under subsection
(d) not later than 30 days after the completion of the study.
SEC. 1046. REPORTS ON DEPARTMENT OF DEFENSE PROCEDURES FOR INVESTIGATING
MILITARY AVIATION ACCIDENTS AND FOR NOTIFYING AND ASSISTING
FAMILIES OF VICTIMS.
(a) Report on Aviation Accident Investigation Procedures.--Not later
than February 1, 1998, the Secretary of Defense shall submit to Congress
a report on the advisability of establishing a process for investigating
Department of Defense aviation accidents that combines accident
investigation with safety investigation into a single, public
investigation process, similar to the accident investigation process of
the National Transportation Safety Board. The report shall include a
discussion of the advantages and disadvantages of adopting such an
investigation process.
(b) Report on Family Assistance.--Not later than April 2, 1998, the
Secretary of Defense shall submit to Congress a report on assistance
provided by the Department of Defense to families of casualties among
military and civilian personnel of the department in the case of
aviation accidents involving such personnel. The report shall include--
(1) a discussion of the adequacy and effectiveness of the
family notification procedures of the Department of Defense,
including the procedures of the military departments; and
(2) a description of the assistance provided to members of
the families of such personnel.
(c) Report by Department of Defense Inspector General.--Not later
than December 1, 1997, the Inspector General of the Department of
Defense shall review the procedures of the Federal Aviation
Administration and the National Transportation Safety Board for
providing information and assistance to members of families of
casualties of nonmilitary aviation accidents and shall submit to
Congress a report on the review. The report shall include a discussion
of the following:
(1) Designation of an experienced non-profit organization to
provide assistance in meeting the needs of families of accident
casualties.
(2) An assessment of the system and procedures for
providing families with information on accidents and accident
investigations.
(3) Protection of members of families from unwanted
solicitations relating to the accident.
(4) A recommendation regarding whether the procedures
reviewed (including the matters discussed under paragraphs (1),
(2), and (3)) or similar procedures should be adopted by the
Department of Defense for use by the Department in providing
information and assistance to members of families of casualties
of military aviation accidents and, if the recommendation is not
to adopt such procedures, a detailed justification for the
recommendation.
(d) Unclassified Form of Reports.--The reports under this section
shall be submitted in unclassified form.
[[Page 111 STAT. 1889]]
Subtitle E--Matters Relating to Terrorism
SEC. 1051. OVERSIGHT <<NOTE: 31 USC 1113 note.>> OF COUNTERTERRORISM
AND ANTITERRORISM ACTIVITIES; REPORT.
(a) Oversight of Counterterrorism and Antiterrorism Activities.--Not
later than 120 days after the date of the enactment of this Act, the
Director of the Office of Management and Budget shall--
(1) establish a reporting system for executive agencies with
respect to the budget and expenditure of funds by such agencies
for the purpose of carrying out counterterrorism and
antiterrorism programs and activities; and
(2) using such reporting system, collect information on--
(A) the budget and expenditure of funds by executive
agencies during the current fiscal year for purposes of
carrying out counterterrorism and antiterrorism programs
and activities; and
(B) the specific programs and activities for which
such funds were expended.
(b) Report.--Not <<NOTE: President.>> later that March 1 of each
year, the President shall submit to Congress a report in classified and
unclassified form (using the information described in subsection (a)(2))
describing, for each executive agency and for the executive branch as a
whole, the following:
(1) The amounts proposed to be expended for counterterrorism
and antiterrorism programs and activities for the fiscal year
beginning in the calendar year in which the report is submitted.
(2) The amounts proposed to be expended for counterterrorism
and antiterrorism programs and activities for the fiscal year in
which the report is submitted and the amounts that have already
been expended for such programs and activities for that fiscal
year.
(3) The specific counterterrorism and antiterrorism programs
and activities being implemented, any priorities with respect to
such programs and activities, and whether there has been any
duplication of efforts in implementing such programs and
activities.
SEC. 1052. PROVISION <<NOTE: 10 USC 113 note.>> OF ADEQUATE TROOP
PROTECTION EQUIPMENT FOR ARMED FORCES PERSONNEL ENGAGED IN
PEACE OPERATIONS; REPORT ON ANTITERRORISM ACTIVITIES AND
PROTECTION OF PERSONNEL.
(a) Protection of Personnel.--The Secretary of Defense shall take
appropriate actions to ensure that units of the Armed Forces engaged in
a peace operation are provided adequate troop protection equipment for
that operation.
(b) Specific Actions.--In taking actions under subsection (a), the
Secretary shall--
(1) identify the additional troop protection equipment, if
any, required to equip a division (or the equivalent of a
division) with adequate troop protection equipment for peace
operations; and
(2) establish <<NOTE: Regulations.>> procedures to
facilitate the exchange or transfer of troop protection
equipment among units of the Armed Forces.
[[Page 111 STAT. 1890]]
(c) Designation of Responsible Official.--The Secretary of Defense
shall designate an official within the Department of Defense to be
responsible for--
(1) ensuring the appropriate allocation of troop protection
equipment among the units of the Armed Forces engaged in peace
operations; and
(2) monitoring the availability, status or condition, and
location of such equipment.
(d) 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.
(e) Report on Antiterrorism Activities of the Department of Defense
and Protection of Personnel.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to
Congress a report, in classified and unclassified form, on antiterrorism
activities of the Department of Defense and the actions taken by the
Secretary under subsections (a), (b), and (c). The report shall include
the following:
(1) A description of the programs designed to carry out
antiterrorism activities of the Department of Defense, any
deficiencies in those programs, and any actions taken by the
Secretary to improve implementation of such programs.
(2) An assessment of the current policies and practices of
the Department of Defense with respect to the protection of
members of the Armed Forces overseas against terrorist attack,
including any modifications to such policies or practices that
are proposed or implemented as a result of the assessment.
(3) An assessment of the procedures of the Department of
Defense for determining accountability, if any, in the command
structure of the Armed Forces in instances in which a terrorist
attack results in the loss of life at an overseas military
installation or facility.
(4) A detailed description of the roles of the Office of the
Secretary of Defense, the Chairman of the Joint Chiefs of Staff,
the Secretaries of the military departments, and the combatant
commanders in providing guidance and support with respect to the
protection of members of the Armed Forces deployed overseas
against terrorist attack (both before and after the November
1995 bombing in Riyadh, Saudi Arabia) and how these roles have
changed since the June 25, 1996, terrorist bombing at Khobar
Towers in Dhahran, Saudi Arabia.
(5) A description of the actions taken by the Secretary of
Defense under subsections (a), (b), and (c) to provide adequate
troop protection equipment for units of the Armed Forces engaged
in a peace operation.
[[Page 111 STAT. 1891]]
Subtitle F--Matters Relating to Defense Property
SEC. 1061. LEASE OF NON-EXCESS PERSONAL PROPERTY OF MILITARY
DEPARTMENTS.
(a) Receipt of Fair Market Value.--Subsection (b)(4) of section 2667
of title 10, United States Code, is amended by striking out ``, in the
case of the lease of real property,''.
(b) Competitive Selection.--Such section is further
amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection:
``(g)(1) If a proposed lease under subsection (a) involves only
personal property, the lease term exceeds one year, and the fair market
value of the lease interest exceeds $100,000, as determined by the
Secretary concerned, the Secretary shall use competitive procedures to
select the lessee.
``(2) Not <<NOTE: Notice.>> later than 45 days before entering into
a lease described in paragraph (1), the Secretary concerned shall submit
to Congress written notice describing the terms of the proposed lease
and the competitive procedures used to select the lessee.''.
(c) Clerical Amendments.--(1) The heading of such section is amended
to read as follows:
``Sec. 2667. Leases: non-excess property of military departments''.
(2) The table of sections at the beginning of chapter 159 of title
10, United States Code, is amended by striking out the item relating to
section 2667 and inserting in lieu thereof the following new item:
``2667. Leases: non-excess property of military departments.''.
(d) Conforming Amendment.--Section 2490a(f)(2) of title 10, United
States Code, is amended by striking out ``section 2667(g)'' and
inserting in lieu thereof ``section 2667(h)''.
SEC. 1062. LEASE OF NON-EXCESS PROPERTY OF DEFENSE AGENCIES.
(a) Lease Authority.--Chapter 159 of title 10, United States Code,
is amended by inserting after section 2667 the following new section:
``Sec. 2667a. Leases: non-excess property of Defense agencies
``(a) Lease Authority.--Whenever the Secretary of Defense considers
it advantageous to the United States, the Secretary may lease to such
lessee and upon such terms as the Secretary considers will promote the
national defense or to be in the public interest, personal property that
is--
``(1) under the control of a 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)--
[[Page 111 STAT. 1892]]
``(1) may not be for more than five years unless the
Secretary of Defense 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 Secretary to revoke the lease at any
time, unless the Secretary determines that the omission of such
a provision will promote the national defense or be in the
public interest;
``(4) shall provide for the payment (in cash or in kind) by
the lessee of consideration in an amount that is not less than
the fair market value of the lease interest, as determined by
the Secretary; and
``(5) 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) Competitive Selection.--(1) If the term of a proposed lease
under subsection (a) exceeds one year and the fair market value of the
lease interest exceeds $100,000, as determined by the Secretary of
Defense, the Secretary shall use competitive procedures to select the
lessee.
``(2) Not later <<NOTE: Notice.>> than 45 days before entering into
a lease described in paragraph (1), the Secretary shall submit to
Congress a written notice describing the terms of the proposed lease and
the competitive procedures used to select the lessee.
``(d) Disposition of Money Rent.--Money rentals received pursuant to
a lease entered into by the Secretary of Defense under subsection (a)
shall be deposited in a special account in the Treasury established for
the Defense agency whose property is subject to the lease. 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) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2667 the following new item:
``2667a. Leases: non-excess property of Defense agencies.''.
SEC. 1063. DONATION OF EXCESS CHAPEL PROPERTY TO CHURCHES DAMAGED OR
DESTROYED BY ARSON OR OTHER ACTS OF TERRORISM.
(a) Authority To Donate.--Chapter 153 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 2580. Donation of excess chapel property
``(a) Authority To Donate.--The Secretary of a military department
may donate personal property specified in subsection (b) to an
organization described in section 501(c)(3) of the Internal Revenue Code
of 1986 that is a religious organization in order to assist the
organization in restoring or replacing property of the organization that
has been damaged or destroyed as a result of an act of arson or
terrorism, as determined pursuant to procedures prescribed by the
Secretary of Defense.
[[Page 111 STAT. 1893]]
``(b) Property Covered.--(1) The property authorized to be donated
under subsection (a) is furniture and other personal property that--
``(A) is in, or was formerly in, a chapel under the
jurisdiction of the Secretary of a military department and
closed or being closed; and
``(B) is determined by the Secretary to be excess to the
requirements of the armed forces.
``(2) No real property may be donated under this section.
``(c) Donees Not To Be Charged.--No charge may be imposed by the
Secretary of a military department on a donee of property under this
section in connection with the donation. However, the donee shall agree
to defray any expense for shipping or other transportation of property
donated under this section from the location of the property when
donated to any other location.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2580. Donation of excess chapel property.''.
SEC. 1064. AUTHORITY OF THE SECRETARY OF DEFENSE CONCERNING DISPOSAL OF
ASSETS UNDER COOPERATIVE AGREEMENTS ON AIR DEFENSE IN
CENTRAL EUROPE.
(a) General Authorities.--The Secretary of Defense, pursuant to an
amendment or amendments to the European air defense agreements, may
dispose of any defense articles owned by the United States and acquired
to carry out such agreements by providing such articles to the Federal
Republic of Germany. In carrying out such disposal, the Secretary--
(1) may provide without monetary charge to the Federal
Republic of Germany articles specified in the agreements; and
(2) may accept from the Federal Republic of Germany (in
exchange for the articles provided under paragraph (1))
articles, services, or any other consideration, as determined
appropriate by the Secretary.
(b) Definition of European Air Defense Agreements.--For the purposes
of this section, the term ``European air defense agreements'' means--
(1) the agreement entitled ``Agreement between the Secretary
of Defense of the United States of America and the Minister of
Defense of the Federal Republic of Germany on Cooperative
Measures for Enhancing Air Defense for Central Europe'', signed
on December 6, 1983; and
(2) the agreement entitled ``Agreement between the Secretary
of Defense of the United States of America and the Minister of
Defense of the Federal Republic of Germany in implementation of
the 6 December 1983 Agreement on Cooperative Measures for
Enhancing Air Defense for Central Europe'', signed on July 12,
1984.
SEC. 1065. SALE OF EXCESS, OBSOLETE, OR UNSERVICEABLE AMMUNITION AND
AMMUNITION COMPONENTS.
(a) Authority.--(1) Chapter 443 of title 10, United States Code, is
amended by adding at the end the following new section:
[[Page 111 STAT. 1894]]
``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 to an eligible purchaser described in subsection (c) ammunition or
ammunition components that are excess, obsolete, or unserviceable and
have not been demilitarized 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 use procedures other than
competitive procedures 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.--To be eligible to purchase excess,
obsolete, or unserviceable ammunition or ammunition components under
this section, the purchaser 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 sought to be 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 <<NOTE: Regulations.>> 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 onsite
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) 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.
``(h) Definitions.--In this section:
``(1) The term `excess, obsolete, or unserviceable', with
respect to ammunition or ammunition components, means that
[[Page 111 STAT. 1895]]
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.''.
(2) 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.''.
(b) Review <<NOTE: 10 USC 4687 note.>> of Initial Sales.--(1) For
each of the first three fiscal years during which the Secretary of the
Army sells ammunition or ammunition components under the authority of
section 4687 of title 10, United States Code, as added by subsection
(a), the Director of the Army Audit Agency shall conduct a review of
sales under such section to ensure that--
(A) purchasers that enter into an agreement under subsection
(a)(1) of such section to demilitarize the purchased ammunition
or ammunition components fully comply with the agreement; and
(B) purchasers that are authorized under subsection (a)(2)
of such section to use the purchased ammunition or ammunition
components actually use the ammunition or ammunition components
in the manner proposed.
(2) Not <<NOTE: Reports.>> later than 180 days after the end of
each fiscal year in which the review is conducted, the Secretary of the
Army shall submit to Congress a report containing the results of the
review for the fiscal year covered by the report.
SEC. 1066. TRANSFER <<NOTE: California.>> 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 (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. Such a conveyance shall be made by means of a
conditional deed of gift.
(b) Condition of Aircraft.--The Secretary may not convey ownership
of the aircraft under subsection (a) until the Secretary determines that
the museum has altered the aircraft in such manner as the Secretary
determines 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 before
conveying ownership of the aircraft.
(c) Reverter Upon Transfer of Ownership or Possession.--The
Secretary shall include in the instrument of conveyance of the
aircraft--
[[Page 111 STAT. 1896]]
(1) a condition that the museum not convey any ownership
interest in, or transfer possession of, the aircraft to any
other party without the prior approval of the Secretary of the
Air Force; and
(2) a condition that 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 prior approval of the Secretary, all
right, title, and interest in and to the aircraft, including any
repair or alteration of the aircraft, shall revert to the United
States, and the United States shall have the right of immediate
possession of the aircraft.
(d) Conveyance at No Cost to the United States.--The conveyance
authorized by this section shall be made at no cost to the United
States. Any costs associated with such conveyance, including costs of
determining compliance with subsection (b), shall be borne by the
museum.
(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, upon conveyance of ownership of the B-17 aircraft specified in
subsection (a) to the museum, the United States shall not be liable for
any death, injury, loss, or damage that results from any use of that
aircraft by any person other than the United States.
SEC. 1067. REPORT ON DISPOSAL OF EXCESS AND SURPLUS MATERIALS.
(a) Report Required.--Not later than January 31, 1998, the Secretary
of Defense 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 materials that
are excess or surplus to the needs of the Department of Defense.
(b) Required Content.--At a minimum, the report shall address the
following issues:
(1) The effort to standardize the coding of military
equipment for demilitarization at all stages of the process,
from initial acquisition through disposal.
(2) The changes underway to improve the methods used for the
demilitarization of military equipment.
(3) Recent efforts to improve the accuracy of coding
performed by Government employees and contractor employees.
(4) Recent efforts to improve the enforcement of the
penalties that are applicable to Government employees and
contractor employees who fail to comply with rules or procedures
applicable to the demilitarization of military equipment.
(5) The methods of oversight and enforcement used by the
Department of Defense to review the demilitarization of military
equipment by the purchasers of the equipment.
(6) The current and planned controls designed to prevent the
inappropriate transfer of excess military equipment outside the
United States.
(7) The current procedures used by the Department, including
repurchase, to recover military equipment that is sold or
[[Page 111 STAT. 1897]]
otherwise disposed of without appropriate action having been
taken to demilitarize the equipment or to provide for
demilitarization of the equipment.
(8) The legislative changes, if any, that would be necessary
to improve the recovery rate under the procedures identified
under paragraph (7).
(c) Identification of Frequent Errors and Misuse.--Based on fiscal
year 1997 findings, the Secretary of Defense shall identify in the
report--
(1) the 50 categories of military equipment that most
frequently received an erroneous demilitarization code; and
(2) the categories of military equipment that are
particularly vulnerable to improper use after disposal.
Subtitle G--Other Matters
SEC. 1071. AUTHORITY FOR SPECIAL AGENTS OF THE DEFENSE CRIMINAL
INVESTIGATIVE SERVICE TO EXECUTE WARRANTS AND MAKE ARRESTS.
(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: authority to execute warrants and make
arrests
``(a) Authority.--The Secretary of Defense may authorize any DCIS
special agent described in subsection (b)--
``(1) to execute and serve any warrant or other process
issued under the authority of the United States; and
``(2) to make arrests without a warrant--
``(A) for any offense against the United States
committed in the presence of that agent; and
``(B) for 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) Agents To <<NOTE: Applicability.>> Have Authority.--
Subsection (a) applies to any DCIS special agent 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.
``(d) DCIS Special Agent Defined.--In this section, the term `DCIS
special agent' means an employee of the Department of Defense who is a
special agent of the Defense Criminal Investigative Service (or any
successor to that service).''.
[[Page 111 STAT. 1898]]
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1585 the following new item:
``1585a. Special agents of the Defense Criminal Investigative Service:
authority to execute warrants and make arrests.''.
SEC. 1072. STUDY <<NOTE: 10 USC 113 note.>> OF INVESTIGATIVE PRACTICES
OF MILITARY CRIMINAL INVESTIGATIVE ORGANIZATIONS RELATING TO
SEX CRIMES.
(a) Independent Study Required.--(1) The Secretary of Defense shall
provide for an independent study of the policies, procedures, and
practices of the military criminal investigative organizations for the
conduct of investigations of complaints of sex crimes and other criminal
sexual misconduct arising in the Armed Forces.
(2) The Secretary shall provide for the study to be conducted by the
National Academy of Public Administration. The amount of a contract for
the study may not exceed $2,000,000.
(3) The Secretary shall require that all components of the
Department of Defense cooperate fully with the organization carrying out
the study.
(b) Matters To Be Included in Study.--The Secretary shall require
that the organization conducting the study under this section
specifically consider each of the following matters:
(1) The need (if any) for greater organizational
independence and autonomy for the military criminal
investigative organizations than exists under current chain-of-
command structures within the military departments.
(2) The authority of each of the military criminal
investigative organizations to investigate allegations of sex
crimes and other criminal sexual misconduct and the policies of
those organizations for carrying out such investigations.
(3) The training (including training in skills and
techniques related to the conduct of interviews) provided by
each of those organizations to agents or prospective agents
responsible for conducting or providing support to
investigations of alleged sex crimes and other criminal sexual
misconduct, including--
(A) the extent to which that training is comparable
to the training provided by the Federal Bureau of
Investigation and other civilian law enforcement
agencies; and
(B) the coordination of training and investigative
policies related to alleged sex crimes and other
criminal sexual misconduct of each of those
organizations with the Federal Bureau of Investigation
and other civilian Federal law enforcement agencies.
(4) The procedures and relevant professional standards of
each military criminal investigative organization with regard to
recruitment and hiring of agents, including an evaluation of the
extent to which those procedures and standards provide for--
(A) sufficient screening of prospective agents based
on background investigations; and
(B) obtaining sufficient information about the
qualifications and relevant experience of prospective
agents.
(5) The advantages and disadvantages of establishing, within
each of the military criminal investigative organizations or
within the Defense Criminal Investigative Service only, a
[[Page 111 STAT. 1899]]
special unit for the investigation of alleged sex crimes and
other criminal sexual misconduct.
(6) The clarity of guidance for, and consistency of
investigative tactics used by, each of the military criminal
investigative organizations for the investigation of alleged sex
crimes and other criminal sexual misconduct, together with a
comparison with the guidance and tactics used by the Federal
Bureau of Investigation and other civilian law enforcement
agencies for such investigations.
(7) The number of allegations of agent misconduct in the
investigation of sex crimes and other criminal sexual misconduct
for each of those organizations, together with a comparison with
the number of such allegations concerning agents of the Federal
Bureau of Investigation and other civilian law enforcement
agencies for such investigations.
(8) The procedures of each of the military criminal
investigative organizations for administrative identification
(known as ``titling'') of persons suspected of committing sex
crimes or other criminal sexual misconduct, together with a
comparison with the comparable procedures of the Federal Bureau
of Investigation and other civilian Federal law enforcement
agencies for such investigations.
(9) The accuracy, timeliness, and completeness of reporting
of sex crimes and other criminal sexual misconduct by each of
the military criminal investigative organizations to the
National Crime Information Center maintained by the Department
of Justice.
(10) Any recommendation for legislation or administrative
action to revise the organizational or operational arrangements
of the military criminal investigative organizations or to alter
recruitment, training, or operational procedures, as they
pertain to the investigation of sex crimes and other criminal
sexual misconduct.
(c) Report.--(1) The Secretary of Defense shall require the
organization conducting the study under this section to submit to the
Secretary a report on the study not later than one year after the date
of the enactment of this Act. The organization shall include in the
report its findings and conclusions concerning each of the matters
specified in subsection (b).
(2) The Secretary shall submit the report under paragraph (1),
together with the Secretary's comments on the report, to Congress not
later than 30 days after the date on which the report is submitted to
the Secretary under paragraph (1).
(d) Military Criminal Investigative Organization Defined.--For the
purposes of this section, the term ``military criminal investigative
organization'' means any of the following:
(1) The Army Criminal Investigation Command.
(2) The Naval Criminal Investigative Service.
(3) The Air Force Office of Special Investigations.
(4) The Defense Criminal Investigative Service.
(e) Criminal Sexual Misconduct Defined.--For the purposes of this
section, the term ``criminal sexual misconduct'' means conduct by a
member of the Armed Forces involving sexual abuse, sexual harassment, or
other sexual misconduct that constitutes an offense under the Uniform
Code of Military Justice.
[[Page 111 STAT. 1900]]
SEC. 1073. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Title 10, United States Code.--Title 10, United States Code, is
amended as follows:
(1) The tables of chapters at the beginning of subtitle A,
and at the beginning of part I of subtitle A, are each amended
by striking out ``471'' in the item relating to chapter 23 and
inserting in lieu thereof ``481''.
(2) The tables of chapters at the beginning of subtitle A,
and at the beginning of part IV of subtitle A, are each amended
by striking out ``2540'' in the item relating to chapter 152 and
inserting in lieu thereof ``2541''.
(3) Section 116(b)(2) is amended by striking out ``such
subsection'' and inserting in lieu thereof ``subsection (a)''.
(4) Section 129c(e)(1) is amended by striking out ``section
115a(g)(2)'' and inserting in lieu thereof ``section
115a(e)(2)''.
(5) Section 193(d)(1) is amended by striking out
``performs'' and inserting in lieu thereof ``perform''.
(6) Section 382(g) is amended by striking out ``the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 1997'' and inserting in lieu thereof ``September 23,
1996''.
(7) Section 443(b)(1) is amended by striking out the period
at the end and inserting in lieu thereof a semicolon.
(8) Section 445 is amended--
(A) by striking ``(1)'' before ``Except with'';
(B) by redesignating subparagraphs (A), (B), and (C)
as paragraphs (1), (2), and (3), respectively;
(C) by striking ``(2)'' before ``Whenever it
appears'' and inserting ``(b) Injunctive Relief.--'';
and
(D) by striking out ``paragraph (1)'' and inserting
in lieu thereof ``subsection (a)''.
(9) Section 858b(a)(1) is amended in the first sentence by
striking out ``forfeiture'' and all that follows through ``due
that member'' and inserting in lieu thereof ``forfeiture of pay,
or of pay and allowances, due that member''.
(10) The item relating to section 895 (article 95) in the
table of sections at the beginning of subchapter X of chapter 47
is amended by striking out ``Art.''.
(11) Section 943(c) is amended--
(A) by capitalizing the initial letter of the third
word of the subsection heading;
(B) in the second sentence, by striking out
``Court'' and inserting in lieu thereof ``court''; and
(C) in the third sentence, by striking out ``such
positions'' and inserting in lieu thereof ``positions
referred to in the preceding sentences''.
(12) Section 954 is amended by striking out ``this'' and
inserting in lieu thereof ``his''.
(13) Section 971(b)(4) is amended by capitalizing the first
letter of the fifth and sixth words.
(14) Section 972(b) is amended by striking out ``the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 1996'' in the matter preceding paragraph (1) and
inserting in lieu thereof ``February 10, 1996''.
(15) Section 976(f) is amended by striking out ``shall,''
and all that follows and inserting in lieu thereof ``shall be
fined under title 18 or imprisoned not more than 5 years, or
both,
[[Page 111 STAT. 1901]]
except that, in the case of an organization (as defined in
section 18 of such title), the fine shall not be less than
$25,000.''.
(16) Section 977 is amended--
(A) in subsection (c), by striking out ``Beginning
on October 1, 1996, not more than'' and inserting in
lieu thereof ``Not more than''; and
(B) in subsection (d)(2), by striking out ``before
October 1, 1996,'' and all that follows through ``so
assigned'' the second place it appears.
(17) Section 1078a(g)(4)(B)(iii)(II) is amended by striking
out ``section 1447(8)'' and inserting in lieu thereof ``section
1447(13)''.
(18) Section 1129(c) is amended--
(A) by striking out ``the date of the enactment of
this section,'' and inserting in lieu thereof ``November
30, 1993,''; and
(B) by striking out ``before the date of the
enactment of this section or'' and inserting in lieu
thereof ``before such date or''.
(19) Section 1151(b) is amended by capitalizing the first
letter of the second word in the subsection heading.
(20) Section 1152(g) is amended by inserting ``(1)'' before
``The Secretary may''.
(21) Section 1143(d) is amended by striking out ``section
806(a)(2) of the Military Family Act of 1985'' and inserting in
lieu thereof ``section 1784(a)(2) of this title''.
(22) Section 1174(a)(1) is amended by striking out ``,
1177,''.
(23) Section 1406 is amended--
(A) by striking out ``3962(b)'' in footnote number 3
in the table in subsection (b)(1) and in footnote number
1 in the table in subsection (c)(1) and inserting in
lieu thereof ``3962''; and
(B) by striking out ``8962(b)'' in footnote number 3
in the table in subsection (b)(1) and in footnote number
1 in the table in subsection (e)(1) and inserting in
lieu thereof ``8962''.
(24) Section 1408(d) is amended--
(A) by decapitalizing the first letter of the fifth
word in the subsection heading;
(B) by redesignating the second paragraph (6) as
paragraph (7); and
(C) in paragraph (7), as so redesignated, by
striking out ``out-of State'' in subparagraph (A) and
inserting in lieu thereof ``out-of-State''.
(25) Section 1408(g) is amended by decapitalizing the first
letter of the second and ninth words in the subsection heading.
(26) Section 1444a(b) is amended by striking out ``section
1455(c)'' and inserting in lieu thereof ``section 1455(d)(2)''.
(27) Section 1448 is amended by capitalizing the first
letter of the third word of the section heading.
(28) Section 1451(a)(2) is amended by inserting a period in
the paragraph heading before the one-em dash.
(29) Section 1452 is amended--
(A) in subsection (a)(1)(A), by striking out
``providing'' in the matter preceding clause (i) and
inserting in lieu thereof ``provided''; and
[[Page 111 STAT. 1902]]
(B) in subsection (e), by striking out ``section
8339(i)'' and ``section 8331(b)'' and inserting in lieu
thereof ``section 8339(j)'' and ``section 8341(b)'',
respectively.
(30) Section 1504(i)(1) is amended by striking out ``this
subsection'' and inserting in lieu thereof ``this section''.
(31) Section 1599c(c)(1)(F) is amended by striking out
``Sections 106(f)'' and inserting in lieu thereof ``Sections
106(e)''.
(32) Section 1613(a) is amended by striking out ``1604'' and
inserting in lieu thereof ``1603''.
(33) Section 1763 is amended--
(A) by striking out ``On and after October 1, 1993,
the Secretary of Defense'' and inserting in lieu thereof
``The Secretary of Defense''; and
(B) by striking out ``secretaries'' and inserting in
lieu thereof ``Secretaries''.
(34) Section 1792 is amended--
(A) in subsection (a)(1), by striking out the comma
after ``implementing''; and
(B) in subsection (d)(2), by striking out ``section
1794'' and inserting in lieu thereof ``section 1784''.
(35) Section 2010(e) is repealed.
(36) Section 2107a(g) is amended by inserting ``the'' after
``August 1, 1979, as a member of''.
(37) Section 2109(c)(1)(A) is amended by striking out
``section 2106(b)(6)'' and inserting in lieu thereof ``section
2104(b)(6)''.
(38) Section 2114(h) is amended by striking out ``section
2123(e)(1)'' and inserting in lieu thereof ``section 2123(e)''.
(39) Section 2198(c) is amended by striking out ``identified
in'' and all that follows through the period at the end and
inserting in lieu thereof ``that is identified under section
2505 of this title as critical for attaining the national
security objectives set forth in section 2501(a) of this
title.''.
(40) Section 2249a(a)(1) is amended by striking out ``50
App. 2405(j)'' and inserting in lieu thereof ``50 U.S.C. App.
2405(j)(1)(A)''.
(41) Section 2302d(a)(2) is amended by striking out
``procurement of'' and inserting in lieu thereof ``procurement
for the system is estimated to be''.
(42) Section 2304(c)(5) is amended by striking out
``subsection (j)'' and inserting in lieu thereof ``subsection
(k)''.
(43) Section 2304(f) is amended--
(A) in paragraph (1)(B)(iii), by striking out
``(6)(C)'' and inserting in lieu thereof ``(6)(B)''; and
(B) in paragraph (6)--
(i) by striking out subparagraph (B); and
(ii) by redesignating subparagraph (C) as
subparagraph (B) and in that subparagraph by
striking out ``paragraph (1)(B)(iv)'' and
inserting in lieu thereof ``paragraph
(1)(B)(iii)''.
(44) Section 2305a(a) is amended by striking out ``(41
U.S.C.'' and inserting in lieu thereof ``(40 U.S.C.''.
(45) Section 2306(h) is amended by inserting ``for the
purchase of property'' after ``Multiyear contracting
authority''.
(46) Section 2306a(a)(5) is amended by striking out
``subsection (b)(1)(B)'' and inserting in lieu thereof
``subsection (b)(1)(C)''.
[[Page 111 STAT. 1903]]
(47) Section 2306b is amended by striking out ``this
subsection'' in the first sentence of subsection (k) and
inserting in lieu thereof ``this section''.
(48)(A) The heading of section 2306b is amended to read as
follows:
``Sec. 2306b. Multiyear contracts: acquisition of property''.
(B) The item relating to such section in the table of
sections at the beginning of chapter 137 is amended to read as
follows:
``2306b. Multiyear contracts: acquisition of property.''.
(49) Section 2315(a) is amended by striking out ``the
Information Technology Management Reform Act of 1996'' and
inserting in lieu thereof ``division E of the Clinger-Cohen Act
of 1996 (40 U.S.C. 1401 et seq.)''.
(50) Section 2371a is amended by inserting ``Defense''
before ``Advanced Research Projects Agency''.
(51) Section 2375(c) is amended--
(A) by striking out ``provisions relating to
exceptions'' and inserting in lieu thereof ``a provision
relating to an exception''; and
(B) by striking out ``section 2306a(d)'' and
inserting in lieu thereof ``section 2306a(b)''.
(52) Section 2401a(a) is amended by striking out ``leasing
of such vehicles'' and inserting in lieu thereof ``such
leasing''.
(53) Section 2491(8) is amended by striking out ``that
appears'' and all that follows through the period at the end and
inserting in lieu thereof ``that is identified under section
2505 of this title as critical for attaining the national
security objectives set forth in section 2501(a) of this
title.''.
(54) Section 2533(a) is amended by striking out the first
closing parenthesis after ``41 U.S.C. 10a''.
(55) Section 2534(b)(3) is amended by striking out
``(a)(3)(A)(ii)'' and inserting in lieu thereof
``(a)(3)(A)(iii)''.
(56) Section 2554(c)(1) is amended by striking out ``the
date of the enactment of this Act'' and inserting in lieu
thereof ``September 23, 1996''.
(57) Section 2645(a)(1)(B) is amended by striking out ``on
which'' after ``the date on which''.
(58) Section 2684(b) is amended by striking out ``, United
States Code,''.
(59) Section 2694(b)(1)(D) is amended by striking out
``executive ageny'' and inserting in lieu thereof ``executive
agency''.
(60) Section 2878(d)(4) is amended by striking out ``11401''
and inserting in lieu thereof ``11411''.
(61) Section 2885 is amended by striking out ``five years
after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 1996'' and inserting in lieu
thereof ``on February 10, 2001''.
(62) Sections 4342(a)(10), 6954(a)(10), and 9342(a)(10) are
amended by striking out ``Marianas'' and inserting in lieu
thereof ``Mariana''.
(63) Section 7606(e) is amended by striking out ``sections''
and inserting in lieu thereof ``section''.
(64) Section 7902(b)(8) is amended by inserting ``United
States'' before ``Geological Survey''.
[[Page 111 STAT. 1904]]
(65) Section 8038(e) is amended by striking out ``(1)''.
(66) The item relating to section 8069 in the table of
sections at the beginning of chapter 807 is amended by striking
out ``Nurse Corps'' and inserting in lieu thereof ``nurses''.
(67) Section 12733(3) is amended--
(A) by inserting a comma after ``(B)''; and
(B) by striking out ``in which the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 1997 occurs'' and inserting in lieu thereof
``that includes September 23, 1996,''.
(68) Section 14317(d) is amended by striking out ``section
14314'' in the first sentence and inserting in lieu thereof
``section 14315''.
(b) Title 37, United States Code.--Section 205(d) of title 37,
United States Code, is amended by striking out the period after ``August
1, 1979'' and inserting in lieu thereof a comma.
(c) Public Law 104-201.--Effective <<NOTE: 10 USC 2502
note. Effective date.>> as of September 23, 1996, and as if included
therein as enacted, the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201) is amended as follows:
(1) Section 324(b)(2) <<NOTE: 10 USC 2706 note.>> (110
Stat. 2480) is amended by
inserting after ``In this subsection'' the following: ``and
subsection (c)''.
(2) Section 367 (110 Stat. 2496) is amended--
(A) in subsection (a), <<NOTE: 10 USC 2554.>> by
striking out ``Subchapter II of chapter'' and inserting
in lieu thereof ``Chapter''; and
(B) in subsection (b), by striking out
``subchapter'' and inserting in lieu thereof
``chapter''.
(3) Section 371(a) <<NOTE: 10 USC 4411 note.>> (110 Stat.
2499) is amended by striking out ``Section 559(a)(1)'' and
inserting in lieu thereof ``Section 559''.
(4) Section 531(a) <<NOTE: 10 USC 12733.>> (110 Stat. 2517)
is amended by inserting ``of title 10, United States Code,''
before ``is amended''.
(5) Section <<NOTE: 10 USC 302c.>> 614(b)(2)(B) (110 Stat.
2544) is amended by striking out ``the period'' and inserting in
lieu thereof ``the semicolon''.
(6) Section 802(1) <<NOTE: 10 USC 2302 note.>> (110 Stat.
2604) is amended by striking out ``1995'' in the first quoted
matter therein and inserting in lieu thereof ``1996''.
(7) Section 829(c) <<NOTE: 10 USC 2502.>> (110 Stat. 2612)
is amended--
(A) in paragraph (2), by striking out ``Section
2502(b)'' and inserting in lieu thereof ``Section
2502(c)''; and
(B) by redesignating paragraph (3) as subparagraph
(C) of paragraph (2).
(8) Section <<NOTE: 10 USC 441 note.>> 1116(b) (110 Stat.
2686) is amended by striking out ``section 1122'' and inserting
in lieu thereof ``section 1111''.
(9) Section 1606 (110 Stat. 2737) is amended--
(A) in <<NOTE: 20 USC 901.>> subsection (a)(1)--
(i) by striking out the comma before ``or
are''; and
(ii) by inserting a semicolon after
``Secretary of Defense'';
(B) in <<NOTE: 20 USC 903.>> subsection (b)(1)(A),
by striking out ``Secretary of each'' and inserting in
lieu thereof ``secretary of each''; and
(C) in subsection <<NOTE: 20 USC 903.>> (b)(2)(B),
by inserting a semicolon after ``Defense''.
(d) Other Annual Defense Authorization Acts.--
[[Page 111 STAT. 1905]]
(1) Effective <<NOTE: Effective date. 10 USC 1076 note.>>
as of February 10, 1996, and as if included therein as enacted,
the National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106) is amended as follows:
(A) Section <<NOTE: 10 USC 2701 note.>>
321(a)(2)(A) (110 Stat. 251) is amended by striking out
``2710(d)'' and inserting in lieu thereof ``2701(d)''.
(B) Section <<NOTE: 10 USC 2461 note.>> 356(d)(3)
(110 Stat. 271) is amended by striking out ``or'' after
``to any provision'' and inserting in lieu thereof
``of''.
(C) Section 533(b) <<NOTE: 10 USC 6975, 6975
note.>> (110 Stat. 315) is amended by inserting before
the period at the end the following: ``and the
amendments made by subsection (b), effective as of
October 5, 1994''.
(D) Section 703(b) <<NOTE: 10 USC 1076.>> (110
Stat. 372) is amended by striking out ``Such paragraph''
and inserting in lieu thereof ``Such section''.
(E) Section 1501 (110 Stat. 500) is amended--
(i) in subsection <<NOTE: 10 USC 10154.>>
(d)(1), by striking out ``337(b)'' and ``2717''
and inserting in lieu thereof ``377(b)'' and
``2737'', respectively; and
(ii) in subsection <<NOTE: 10 USC 10001
note.>> (f)(2), by inserting ``of the Reserve
Officer Personnel Management Act'' before ``shall
take''.
(2) The National Defense Authorization Act for Fiscal Year
1993 (Public Law 102-484) is amended as follows:
(A) Section 812(c) (10 U.S.C. 1723 note) is amended
by inserting ``and Technology'' after ``for
Acquisition''.
(B) Section 1091(l)(3) (32 U.S.C. 501 note) is
amended by striking out ``the day preceding the date of
the enactment of this Act'' and inserting in lieu
thereof ``October 19, 1994''.
(C) Section 4471 (10 U.S.C. 2501 note) is amended by
realigning subsection (e) so as to be flush to the left
margin.
(3) Section 807(b)(2)(A) of the National Defense
Authorization Act for Fiscal Years 1992 and 1993 (Public Law
102-190; 10 U.S.C. 2320 note) is amended by inserting before the
period the following: ``and Technology''.
(4) The National Defense Authorization Act for Fiscal Year
1991 (Public Law 101-510) is amended as follows:
(A) Section 1205 (10 U.S.C. 1746 note) is amended by
striking out ``Under Secretary of Defense for
Acquisition'' each place it appears and inserting in
lieu thereof ``Under Secretary of Defense for
Acquisition and Technology''.
(B) Section 2905 (10 U.S.C. 2687 note) is amended--
(i) in subsection (b)(7), by striking out
``4331'' in subparagraphs (K)(iii) and
(L)(iv)(III) and inserting in lieu thereof
``4321''; and
(ii) in subsection (f)(3), by striking out
``section 2873(a)'' and inserting in lieu thereof
``section 2883(a)''.
(C) Section 2921 (10 U.S.C. 2687 note) is amended--
(i) in subsection (e)(3)(B), by striking out
``Defense Subcommittees'' and inserting in lieu
thereof ``Subcommittee on Defense''; and
(ii) in subsection (f)(2), by striking out
``the Committees on Armed Services of the Senate
and House of Representatives'' and inserting in
lieu thereof
[[Page 111 STAT. 1906]]
``the Committee on Armed Services of the Senate
and the Committee on National Security of the
House of Representatives''.
(5) Section 1121(c) of the National Defense Authorization
Act for Fiscal Years 1988 and 1989 (Public Law 100-180; 10
U.S.C. 113 note) is amended by striking out ``under this
section--'' and all that follow through ``fiscal year 1990'' and
inserting in lieu thereof ``under this section may not exceed
5,000 during any fiscal year''.
(6) Section 204(e)(3) of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public Law 100-
526; 10 U.S.C. 2687 note) is amended by striking out ``section
2873(a)'' and inserting in lieu thereof ``section 2883(a)''.
(e) Title 5, United States Code.--Title 5, United States Code, is
amended as follows:
(1) Section 5315 is amended--
(A) in the item relating to the Chief Information
Officer of the Department of the Interior, by inserting
``the'' before ``Interior''; and
(B) in the item relating to the Chief Information
Officer of the Department of the Treasury, by inserting
``the'' before ``Treasury''.
(2) Section 5316 is amended by striking out ``Atomic
Energy'' after ``Assistant to the Secretary of Defense for'' and
inserting in lieu thereof ``Nuclear and Chemical and Biological
Defense Programs''.
(f) Act of August 10, 1956.--Section 3(a)(3) of the Act of August
10, 1956 (33 U.S.C. 857a) is amended by striking out ``1374,''.
(g) Acquisition Policy Statutes.--
(1) Section 309 of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 259) is amended by striking out
``and'' at the end of subsection (b)(2).
(2) The Office of Federal Procurement Policy Act is amended
as follows:
(A) The item relating to section 27 in the table of
contents in section 1(b) is amended to read as follows:
``Sec. 27. Restrictions on disclosing and obtaining contractor bid or
proposal information or source selection information.''.
(B) Section 6(d) (41 U.S.C. 405(d)) is amended--
(i) by striking out the period at the end of
paragraph (5)(J) and inserting in lieu thereof a
semicolon;
(ii) by moving paragraph (6) two ems to the
left; and
(iii) in paragraph (12), by striking out
``small business'' and inserting in lieu thereof
``small businesses''.
(C) Section 35(b)(2) (41 U.S.C. 431(b)(2)) is
amended by striking out ``commercial'' and inserting in
lieu thereof ``commercially available''.
(3) Section 6 of the Contract Disputes Act of 1978 (41
U.S.C. 605) is amended in subsections (d) and (e) by striking
out ``(as in effect on September 30, 1995)'' each place it
appears.
(4) Subsections (d)(1) and (e) of section 16 of the Small
Business Act (15 U.S.C. 645) are each amended by striking out
``concerns'' and inserting in lieu thereof ``concern''.
(h) Amendments To Conform Change in Short Title of Information
Technology Management Reform Act of 1996.--
[[Page 111 STAT. 1907]]
(1) Section 20 of the National Institute of Standards and
Technology Act (15 U.S.C. 278g-3) is amended in subsections
(a)(4) and (b)(2) by striking out ``Information Technology
Management Reform Act of 1996'' and inserting in lieu thereof
``Clinger-Cohen Act of 1996 (40 U.S.C. 1441)''.
(2) Section 612(f) of title 28, United States Code, is
amended by striking out ``the Information Technology Management
Reform Act of 1996'' and inserting in lieu thereof ``division E
of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.)''.
(3) Section 310(b) of title 38, United States Code, is
amended by striking out ``the Information Technology Management
Reform Act of 1996'' and inserting in lieu thereof ``division E
of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.)''.
(4) Section 6(b) of the Computer Security Act of 1987 (40
U.S.C. 1441 note) is amended by striking out ``Information
Technology Management Reform Act of 1996'' and inserting in lieu
thereof ``Clinger-Cohen Act of 1996 (40 U.S.C. 1441)''.
(5) Chapter 35 of title 44, United States Code, is amended--
(A) in section 3502(9)--
(i) by striking out ``the Information
Technology Management Reform Act of 1996'' and
inserting in lieu thereof ``the Clinger-Cohen Act
of 1996 (40 U.S.C. 1401)''; and
(ii) by inserting ``(40 U.S.C. 1452)'' after
``that Act'';
(B) in section 3504(h)(2), by striking out ``the
Information Technology Management Reform Act of 1996''
and inserting in lieu thereof ``division E of the
Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.)'';
and
(C) in sections 3504(g)(2), 3504(g)(3),
3504(h)(1)(B), and 3518(d) by striking out ``Information
Technology Management Reform Act of 1996'' and inserting
in lieu thereof ``Clinger-Cohen Act of 1996 (40 U.S.C.
1441)''.
(i) Coordination With <<NOTE: 10 USC 101 note.>> Other
Amendments.--For purposes of applying amendments made by provisions of
this Act other than provisions of this section, this section shall be
treated as having been enacted immediately before the other provisions
of this Act.
SEC. 1074. SUSTAINMENT AND OPERATION OF THE GLOBAL POSITIONING SYSTEM.
(a) Findings.--Congress <<NOTE: 10 USC 2281 note.>> makes the
following findings:
(1) The Global Positioning System (consisting of a
constellation of satellites and associated facilities capable of
providing users on earth with a highly precise statement of
their location on earth) 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) As a result of the increasing demand of civil,
commercial, and scientific users of the Global Positioning
System--
[[Page 111 STAT. 1908]]
(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
used by the Global Positioning System, and (ii)
protection of that spectrum in order to prevent
disruption of signals from the system and interference
with that portion of the electromagnetic spectrum used
by the system; and
(D) to encourage open access in all international
markets to the Global Positioning System and supporting
equipment, services, and techniques.
(b) International <<NOTE: 10 USC 2281 note.>> Cooperation.--
Congress urges the President to promote the security of the United
States and its allies, the public safety, and commercial interests by
taking the following steps:
(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.
(3) Undertaking efforts to eliminate any barriers to, and
other restrictions of foreign governments on, peaceful uses of
the Global Positioning System.
(4) Requiring that any proposed international agreement
involving nonmilitary use of the Global Positioning System or
any augmentation to the system not be agreed to by the United
States unless the proposed agreement has been reviewed by the
Secretary of State, the Secretary of Defense, the Secretary of
Transportation, and the Secretary of Commerce (acting as the
Interagency Global Positioning System Executive Board
established by Presidential Decision Directive NSTC-6, dated
March 28, 1996).
(c) Fiscal Year 1998 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 a satellite
navigation system operated by a foreign country.
(d) In General.--(1) Part IV of subtitle A of title 10, United
States Code, is amended by inserting after chapter 134 the following new
chapter:
[[Page 111 STAT. 1909]]
``CHAPTER 136--PROVISIONS RELATING TO SPECIFIC PROGRAMS
``Sec.
``2281. Global Positioning System.
``Sec. 2281. Global Positioning System
``(a) Sustainment and Operation for Military Purposes.--The
Secretary of Defense shall provide for the sustainment of the
capabilities of the Global Positioning System (hereinafter in this
section referred to as the `GPS'), and the operation of basic GPS
services, that are beneficial for the national security interests of the
United States. In doing so, the Secretary shall--
``(1) develop appropriate measures for preventing hostile
use of the GPS so as to make it unnecessary for the Secretary to
use the selective availability feature of the system
continuously while not hindering the use of the GPS by the
United States and its allies for military purposes; and
``(2) ensure that United States armed forces have the
capability to use the GPS effectively despite hostile attempts
to prevent the use of the system by such forces.
``(b) Sustainment and Operation for Civilian Purposes.--The
Secretary of Defense shall provide for the sustainment and operation of
the GPS Standard Positioning Service for peaceful civil, commercial, and
scientific uses on a continuous worldwide basis free of direct user
fees. In doing so, the Secretary--
``(1) shall provide for the sustainment and operation of the
GPS Standard Positioning Service in order to meet the
performance requirements of the Federal Radionavigation Plan
prepared jointly by the Secretary of Defense and the Secretary
of Transportation pursuant to subsection (c);
``(2) shall coordinate with the Secretary of Transportation
regarding the development and implementation by the Government
of augmentations to the basic GPS that achieve or enhance uses
of the system in support of transportation;
``(3) shall coordinate with the Secretary of Commerce, the
United States Trade Representative, and other appropriate
officials to facilitate the development of new and expanded
civil and commercial uses for the GPS;
``(4) shall develop measures for preventing hostile use of
the GPS in a particular area without hindering peaceful civil
use of the system elsewhere; and
``(5) may not agree to any restriction on the Global
Positioning System proposed by the head of a department or
agency of the United States outside the Department of Defense in
the exercise of that official's regulatory authority that would
adversely affect the military potential of the Global
Positioning System.
``(c) Federal Radionavigation Plan.--The Secretary of Defense and
the Secretary of Transportation shall jointly prepare the Federal
Radionavigation Plan. The plan shall be revised and updated not less
often than every two years. The plan shall be prepared in accordance
with the requirements applicable to such plan as first prepared pursuant
to section 507 of the International Maritime Satellite
Telecommunications <<NOTE: Federal Register, publication.>> Act (47
U.S.C. 756). The plan, and any amendment to the plan, shall be published
in the Federal Register.
[[Page 111 STAT. 1910]]
``(d) Biennial Report.--(1) Not later than 30 days after the end of
each even-numbered fiscal year, 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 Global
Positioning System. The report shall include a discussion of the
following matters:
``(A) The operational status of the 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 system and the expected date of any change or elimination of
the 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 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 GPS as an
international standard for consistency of navigational service.
``(F) Any progress made toward protecting GPS from
disruption and interference.
``(G) The effects of use of the 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 each such report required under
subparagraphs (D), (E), (F), and (G) of paragraph (1), the Secretary of
Defense shall consult with the Secretary of State, the Secretary of
Commerce, and the Secretary of Transportation.
``(e) Definitions.--In this section:
``(1) The term `basic GPS services' means the following
components of the Global Positioning System that are operated
and maintained by the Department of Defense:
``(A) The constellation of satellites.
``(B) The navigation payloads that produce the
Global Positioning System signals.
``(C) The ground stations, data links, and
associated command and control facilities.
``(2) The term `GPS Standard Positioning Service' means the
civil and commercial service provided by the basic Global
Positioning System as defined in the 1996 Federal
Radionavigation Plan (published jointly by the Secretary of
Defense and the Secretary of Transportation in July 1997).''.
(2) The tables of chapters at the beginning of subtitle A, and at
the beginning of part IV of subtitle A, of such title are amended by
inserting after the item relating to chapter 134 the following new item:
``136. Provisions Relating to Specific Programs..................2281''.
[[Page 111 STAT. 1911]]
SEC. 1075. PROTECTION OF SAFETY-RELATED INFORMATION VOLUNTARILY PROVIDED
BY AIR CARRIERS.
(a) Authority To Protect Information.--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) Authority To Protect Safety-Related Information Voluntarily
Provided by an Air Carrier.--(1) Subject to paragraph (2), the Secretary
of Defense may (notwithstanding any other provision of law) withhold
from public disclosure safety-related information that is provided to
the Secretary voluntarily by an air carrier for the purposes of this
section.
``(2) Information may be withheld under paragraph (1) from public
disclosure only if the Secretary determines that--
``(A) the disclosure of the information would inhibit an air
carrier from voluntarily providing, 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) If the Secretary provides to the head of another agency
safety-related information described in paragraph (1) with respect to
which the Secretary has made a determination described in paragraph (2),
the head of that agency shall (notwithstanding any other provision of
law) withhold the information from public disclosure unless the
disclosure is specifically authorized by the Secretary.''.
(b) Applicability.--Subsection <<NOTE: 10 USC 2640 note.>> (h) of
section 2640 of title 10, United States Code, as added by subsection
(a), shall apply with respect to requests for information made on or
after the date of the enactment of this Act.
SEC. 1076. NATIONAL GUARD CHALLENGE PROGRAM TO CREATE OPPORTUNITIES FOR
CIVILIAN YOUTH.
(a) Program Authority.--Chapter 5 of title 32, United States Code,
is amended by adding at the end the following new section:
``Sec. 509. National Guard Challenge Program of opportunities for
civilian youth
``(a) Program Authority and Purpose.--The Secretary of Defense,
acting through the Chief of the National Guard Bureau, may conduct a
National Guard civilian youth opportunities program (to be known as the
`National Guard Challenge Program') to use the National Guard to provide
military-based training, including supervised work experience in
community service and conservation projects, to civilian youth who cease
to attend secondary school before graduating so as to improve the life
skills and employment potential of such youth.
``(b) Conduct of the Program.--The Secretary of Defense shall
provide for the conduct of the National Guard Challenge Program in such
States as the Secretary considers to be appropriate,
[[Page 111 STAT. 1912]]
except that Federal expenditures under the program may not exceed
$50,000,000 for any fiscal year.
``(c) Program Agreements.--(1) To carry out the National Guard
Challenge Program in a State, the Secretary of Defense shall enter into
an agreement with the Governor of the State or, in the case of the
District of Columbia, with the commanding general of the District of
Columbia National Guard, under which the Governor or the commanding
general will establish, organize, and administer the National Guard
Challenge Program in the State.
``(2) The agreement may provide for the Secretary to provide funds
to the State for civilian personnel costs attributable to the use of
civilian employees of the National Guard in the conduct of the National
Guard Challenge Program.
``(d) Matching Funds Required.--The amount of assistance provided
under this section to a State program of the National Guard Challenge
Program may not exceed--
``(1) for fiscal year 1998, 75 percent of the costs of
operating the State program during that year;
``(2) for fiscal year 1999, 70 percent of the costs of
operating the State program during that year;
``(3) for fiscal year 2000, 65 percent of the costs of
operating the State program during that year; and
``(4) for fiscal year 2001 and each subsequent fiscal year,
60 percent of the costs of operating the State program during
that year.
``(e) Persons Eligible To Participate in Program.--A school dropout
from secondary school shall be eligible to participate in the National
Guard Challenge Program. <<NOTE: Regulations.>> The Secretary of
Defense shall prescribe the standards and procedures for selecting
participants from among school dropouts.
``(f) Authorized Benefits for Participants.--(1) To the extent
provided in an agreement entered into in accordance with subsection (c)
and subject to the approval of the Secretary of Defense, a person
selected for training in the National Guard Challenge Program may
receive the following benefits in connection with that training:
``(A) Allowances for travel expenses, personal expenses, and
other expenses.
``(B) Quarters.
``(C) Subsistence.
``(D) Transportation.
``(E) Equipment.
``(F) Clothing.
``(G) Recreational services and supplies.
``(H) Other services.
``(I) Subject to paragraph (2), a temporary stipend upon the
successful completion of the training, as characterized in
accordance with procedures provided in the agreement.
``(2) In the case of a person selected for training in the National
Guard Challenge Program who afterwards becomes a member of the Civilian
Community Corps under subtitle E of title I of the National and
Community Service Act of 1990 (42 U.S.C. 12611 et seq.), the person may
not receive a temporary stipend under paragraph (1)(I) while the person
is a member of that Corps. The person may receive the temporary stipend
after completing service in the Corps unless the person elects to
receive benefits provided
[[Page 111 STAT. 1913]]
under subsection (f) or (g) of section 158 of such Act (42 U.S.C.
12618).
``(g) Program Personnel.--(1) Personnel of the National Guard of a
State in which the National Guard Challenge Program is conducted may
serve on full-time National Guard duty for the purpose of providing
command, administrative, training, or supporting services for the
program. For the performance of those services, any such personnel may
be ordered to duty under section 502(f) of this title for not longer
than the period of the program.
``(2) A Governor participating in the National Guard Challenge
Program and the commanding general of the District of Columbia National
Guard (if the District of Columbia National Guard is participating in
the program) may procure by contract the temporary full time services of
such civilian personnel as may be necessary to augment National Guard
personnel in carrying out the National Guard Challenge Program in that
State.
``(3) Civilian employees of the National Guard performing services
for the National Guard Challenge Program and contractor personnel
performing such services may be required, when appropriate to achieve
the purposes of the program, to be members of the National Guard and to
wear the military uniform.
``(h) Equipment and Facilities.--(1) Equipment and facilities of the
National Guard, including military property of the United States issued
to the National Guard, may be used in carrying out the National Guard
Challenge Program.
``(2) Activities under the National Guard Challenge Program shall be
considered noncombat activities of the National Guard for purposes of
section 710 of this title.
``(i) Status of Participants.--(1) A person receiving training under
the National Guard Challenge Program shall be considered an employee of
the United States for the purposes of the following provisions of law:
``(A) Subchapter I of chapter 81 of title 5 (relating to
compensation of Federal employees for work injuries).
``(B) Section 1346(b) and chapter 171 of title 28 and any
other provision of law relating to the liability of the United
States for tortious conduct of employees of the United States.
``(2) In the application of the provisions of law referred to in
paragraph (1)(A) to a person referred to in paragraph (1)--
``(A) the person shall not be considered to be in the
performance of duty while the person is not at the assigned
location of training or other activity or duty authorized in
accordance with a program agreement referred to in subsection
(c), except when the person is traveling to or from that
location or is on pass from that training or other activity or
duty;
``(B) the person's monthly rate of pay shall be deemed to be
the minimum rate of pay provided for grade GS-2 of the General
Schedule under section 5332 of title 5; and
``(C) the entitlement of a person to receive compensation
for a disability shall begin on the day following the date on
which the person's participation in the National Guard Challenge
Program is terminated.
``(3) A person referred to in paragraph (1) may not be considered an
employee of the United States for any purpose other than a purpose set
forth in that paragraph.
``(j) Supplemental Resources.--To carry out the National Guard
Challenge Program in a State, the Governor of the State
[[Page 111 STAT. 1914]]
or, in the case of the District of Columbia, the commanding general of
the District of Columbia National Guard may supplement funds made
available under the program out of other resources (including gifts)
available to the Governor or the commanding general. The Governor or the
commanding general may accept, use, and dispose of gifts or donations of
money, other property, or services for the National Guard Challenge
Program.
``(k) Report.--Within 90 days after the end of each fiscal year, the
Secretary of Defense shall submit to Congress a report on the design,
conduct, and effectiveness of the National Guard Challenge Program
during the preceding fiscal year. In preparing the report, the Secretary
shall coordinate with the Governor of each State in which the National
Guard Challenge Program is carried out and, if the program is carried
out in the District of Columbia, with the commanding general of the
District of Columbia National Guard.
``(l) Definitions.--In this section:
``(1) The term `State' includes the Commonwealth of Puerto
Rico, the territories, and the District of Columbia.
``(2) The term `school dropout' means an individual who is
no longer attending any school and who has not received a
secondary school diploma or a certificate from a program of
equivalency for such a diploma.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``509. National Guard Challenge Program of opportunities for civilian
youth.''.
SEC. 1077. DISQUALIFICATION FROM CERTAIN BURIAL-RELATED BENEFITS FOR
PERSONS CONVICTED OF CAPITAL CRIMES.
(a) In General.--(1) Chapter 49 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 985. Persons convicted of capital crimes: denial of certain
burial-related benefits
``(a) Prohibition of Performance of Military Honors.--The Secretary
of a military department and the Secretary of Transportation, with
respect to the Coast Guard when it is not operating as a service in the
Navy, may not provide military honors at the funeral or burial of a
person who has been convicted of a capital offense under Federal or
State law for which the person was sentenced to death or life
imprisonment without parole.
``(b) Disqualification From Burial in Military Cemeteries.--A person
convicted of a capital offense under Federal law is not entitled to or
eligible for, and may not be provided, burial in--
``(1) Arlington National Cemetery;
``(2) the Soldiers' and Airmen's National Cemetery; or
``(3) any other cemetery administered by the Secretary of a
military department or the Secretary of Defense.
``(c) Definitions.--In this section:
``(1) The term `capital offense' means an offense for which
the death penalty may be imposed.
``(2) The term `burial' includes inurnment.
``(3) The term `State' includes the District of Columbia and
any commonwealth or territory of the United States.''.
[[Page 111 STAT. 1915]]
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``985. Persons convicted of capital crimes: denial of certain burial-
related benefits.''.
(b) Applicability.--Section <<NOTE: 10 USC 985 note.>> 985 of title
10, United States Code, as added by subsection (a), applies with respect
to persons dying after January 1, 1997.
SEC. 1078. RESTRICTIONS <<NOTE: 50 USC 1520a.>> ON THE USE OF HUMAN
SUBJECTS FOR TESTING OF CHEMICAL OR BIOLOGICAL AGENTS.
(a) Prohibited Activities.--The Secretary of Defense may not conduct
(directly or by contract)--
(1) any test or experiment involving the use of a chemical
agent or biological agent on a civilian population; or
(2) any other testing of a chemical agent or biological
agent on human subjects.
(b) Exceptions.--Subject to subsections (c), (d), and (e), the
prohibition in subsection (a) does not apply to a test or experiment
carried out for any of the following purposes:
(1) Any peaceful purpose that is related to a medical,
therapeutic, pharmaceutical, agricultural, industrial, or
research activity.
(2) Any purpose that is directly related to protection
against toxic chemicals or biological weapons and agents.
(3) Any law enforcement purpose, including any purpose
related to riot control.
(c) Informed Consent Required.--The Secretary of Defense may conduct
a test or experiment described in subsection (b) only if informed
consent to the testing was obtained from each human subject in advance
of the testing on that subject.
(d) Prior Notice to <<NOTE: Reports.>> Congress.--Not later than 30
days after the date of final approval within the Department of Defense
of plans for any experiment or study to be conducted by the Department
of Defense (whether directly or under contract) involving the use of
human subjects for the testing of a chemical agent or a biological
agent, 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 setting forth a full accounting of
those plans, and the experiment or study may then be conducted only
after the end of the 30-day period beginning on the date such report is
received by those committees.
(e) Biological Agent Defined.--In this section, the term
``biological agent'' means any micro-organism (including bacteria,
viruses, fungi, rickettsiac, or protozoa), pathogen, or infectious
substance, and any naturally occurring, bioengineered, or synthesized
component of any such micro-organism, pathogen, or infectious substance,
whatever its origin or method of production, that is capable of
causing--
(1) death, disease, or other biological malfunction in a
human, an animal, a plant, or another living organism;
(2) deterioration of food, water, equipment, supplies, or
materials of any kind; or
(3) deleterious alteration of the environment.
(f) Report and Certification.--Section 1703(b) of the National
Defense Authorization Act for Fiscal Year 1994 (50 U.S.C. 1523(b)) is
amended by adding at the end the following new paragraph:
[[Page 111 STAT. 1916]]
``(9) A description of any program involving the testing of
biological or chemical agents on human subjects that was carried
out by the Department of Defense during the period covered by
the report, together with--
``(A) a detailed justification for the testing;
``(B) a detailed explanation of the purposes of the
testing;
``(C) a description of each chemical or biological
agent tested; and
``(D) the Secretary's certification that informed
consent to the testing was obtained from each human
subject in advance of the testing on that subject.''.
(g) Repeal of Superseded Provision of Law.--Section 808 of the
Department of Defense Appropriation Authorization Act, 1978 (50 U.S.C.
1520), is repealed.
SEC. 1079. TREATMENT <<NOTE: 49 USC 303 note.>> 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. 1080. NATURALIZATION OF CERTAIN FOREIGN NATIONALS WHO SERVE
HONORABLY IN THE ARMED FORCES DURING A PERIOD OF CONFLICT.
(a) In General.--Section 329(a)(1) of the Immigration and
Nationality Act (8 U.S.C. 1440(a)(1)) is amended--
(1) by inserting ``, reenlistment, extension of
enlistment,'' after ``at the time of enlistment''; and
(2) 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,''.
(b) Effective Date.--The <<NOTE: Applicability. 8 USC 1440 note.>>
amendments made by subsection (a) shall apply with respect to
enlistments, reenlistments, extensions of enlistment, and inductions of
persons occurring on or after the date of the enactment of this Act.
SEC. 1081. APPLICABILITY <<NOTE: 10 USC 111 note.>> OF CERTAIN PAY
AUTHORITIES TO
MEMBERS OF SPECIFIED INDEPENDENT STUDY ORGANIZATIONS.
(a) Applicability of Certain Pay Authorities.--(1) An individual who
is a member of a commission or panel specified in subsection (b) and is
an annuitant otherwise covered by section 8344 or 8468 of title 5,
United States Code, by reason of membership on the commission or panel
is not subject to the provisions of that section with respect to such
membership.
(2) An individual who is a member of a commission or panel specified
in subsection (b) and is a member or former member of a uniformed
service is not subject to the provisions of subsections (b) and (c) of
section 5532 of such title with respect to membership on the commission
or panel.
(b) Specified Entities.--Subsection (a) applies--
(1) effective as <<NOTE: Effective date.>> of September 23,
1996, to members of the National Defense Panel established by
section 924 of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 110 Stat. 2626); and
[[Page 111 STAT. 1917]]
(2) effective as of <<NOTE: Effective date.>> October 9,
1996, to members of the Commission on Servicemembers and
Veterans Transition Assistance established by section 701 of the
Veterans' Benefits Improvements Act of 1996 (Public Law 104-275;
110 Stat. 3346; 38 U.S.C. 545 note).
SEC. 1082. <<NOTE: 36 USC 189a.>> DISPLAY OF POW/MIA FLAG.
(a) Required Display.--The POW/MIA flag shall be displayed at the
locations specified in subsection (c) on POW/MIA flag display days. Such
display shall serve (1) as the symbol of the Nation's concern and
commitment to achieving the fullest possible accounting of Americans
who, having been prisoners of war or missing in action, still remain
unaccounted for, and (2) as the symbol of the Nation's commitment to
achieving the fullest possible accounting for Americans who in the
future may become prisoners of war, missing in action, or otherwise
unaccounted for as a result of hostile action.
(b) Days for Flag Display.--(1) For purposes of this section, POW/
MIA flag display days are the following:
(A) Armed Forces Day, the third Saturday in May.
(B) Memorial Day, the last Monday in May.
(C) Flag Day, June 14.
(D) Independence Day, July 4.
(E) National POW/MIA Recognition Day.
(F) Veterans Day, November 11.
(2) In addition to the days specified in paragraph (1), POW/MIA flag
display days include--
(A) in the case of display at medical centers of the
Department of Veterans Affairs (required by subsection (c)(7)),
any day on which the flag of the United States is displayed; and
(B) in the case of display at United States Postal Service
post offices (required by subsection (c)(8)), the last business
day before a day specified in paragraph (1) that in any year is
not itself a business day.
(c) Locations for Flag Display.--The locations for the display of
the POW/MIA flag under subsection (a) are the following:
(1) The Capitol.
(2) The White House.
(3) The Korean War Veterans Memorial and the Vietnam
Veterans Memorial.
(4) Each national cemetery.
(5) The buildings containing the official office of--
(A) the Secretary of State;
(B) the Secretary of Defense;
(C) the Secretary of Veterans Affairs; and
(D) the Director of the Selective Service System.
(6) Each major military installation, as designated by the
Secretary of Defense.
(7) Each medical center of the Department of Veterans
Affairs.
(8) Each United States Postal Service post office.
(d) Coordination With Other Display Requirement.--Display of the
POW/MIA flag at the Capitol pursuant to paragraph (1) of subsection (c)
is in addition to the display of that flag in the Rotunda of the Capitol
pursuant to Senate Concurrent Resolution 5 of the 101st Congress, agreed
to on February 22, 1989 (103 Stat. 2533).
[[Page 111 STAT. 1918]]
(e) Display To Be in a Manner Visible to the Public.--Display of the
POW/MIA flag pursuant to this section shall be in a manner designed to
ensure visibility to the public.
(f) Limitation.--This section may not be construed or applied so as
to require any employee to report to work solely for the purpose of
providing for the display of the POW/MIA flag.
(g) POW/MIA Flag Defined.--As used in this section, the term ``POW/
MIA flag'' means the National League of Families POW/MIA flag recognized
officially and designated by section 2 of Public Law 101-355 (36 U.S.C.
189).
(h) Regulations for Implementation.--Not later than 180 days after
the date of the enactment of this Act, the head of each department,
agency, or other establishment responsible for a location specified in
subsection (c) (other than the Capitol) shall prescribe such regulations
as necessary to carry out this section.
(i) Procurement and Distribution of Flags.--Not later than 30 days
after the date of the enactment of this Act, the Administrator of
General Services shall procure POW/MIA flags and distribute them as
necessary to carry out this section.
(j) Repeal of Superseded Law.--Section 1084 of Public Law 102-190
(36 U.S.C. 189 note) is repealed.
SEC. 1083. <<NOTE: 10 USC 113 note.>> PROGRAM TO COMMEMORATE 50TH
ANNIVERSARY OF THE KOREAN CONFLICT.
(a) Commemorative Program.--The Secretary of Defense may conduct a
program to commemorate the 50th anniversary of the Korean conflict. In
conducting the commemorative program, the Secretary may coordinate,
support, and facilitate other programs and activities of the Federal
Government, State and local governments, and other persons in
commemoration of the Korean conflict.
(b) Commemorative Activities.--The commemorative program may include
activities and ceremonies--
(1) to provide the people of the United States with a clear
understanding and appreciation of the lessons and history of the
Korean conflict;
(2) to thank and honor veterans of the Korean conflict and
their families;
(3) to pay tribute to the sacrifices and contributions made
on the home front by the people of the United States during the
Korean conflict;
(4) to highlight advances in technology, science, and
medicine related to military research conducted during the
Korean conflict;
(5) to recognize the contributions and sacrifices made by
the allies of the United States in the Korean conflict; and
(6) to highlight the role of the Armed Forces of the United
States, then and now, in maintaining world peace through
strength.
(c) Names and Symbols.--The Secretary of Defense shall have the sole
and exclusive right to use the names ``The Department of Defense Korean
Conflict Commemoration'', and such seal, emblems, and badges
incorporating such name as the Secretary may lawfully adopt. Nothing in
this section may be construed to supersede rights that are established
or vested before the date of the enactment of this Act.
(d) Commemorative Account.--(1) There is established in the Treasury
an account to be known as the ``Department of Defense
[[Page 111 STAT. 1919]]
Korean Conflict Commemoration Account'', which shall be administered by
the Secretary of Defense. There shall be deposited into the account all
proceeds derived from the Secretary's use of the exclusive rights
described in subsection (c). The Secretary may use funds in the account
only for the purpose of conducting the commemorative program.
(2) Not later than <<NOTE: Reports.>> 60 days after completion of
all activities and ceremonies conducted as part of the commemorative
program, the Secretary shall submit to Congress a report containing an
accounting of all of the funds deposited into and expended from the
account or otherwise expended under this section, and of any funds
remaining in the account. Unobligated funds remaining in the account on
that date shall be held in the account until transferred by law.
(e) Acceptance of Voluntary Services.--(1) Notwithstanding section
1342 of title 31, United States Code, the Secretary of Defense may
accept from any person voluntary services to be provided in furtherance
of the commemorative program.
(2) A person providing voluntary services under this subsection
shall be considered to be a Federal employee for purposes of chapter 81
of title 5, United States Code, relating to compensation for work-
related injuries. The person shall also be considered a special
governmental employee for purposes of standards of conduct and sections
202, 203, 205, 207, 208, and 209 of title 18, United States Code. A
person who is not otherwise employed by the Federal Government shall not
be considered to be a Federal employee for any other purpose by reason
of the provision of voluntary services under this subsection.
(3) The Secretary may provide for reimbursement of incidental
expenses incurred by a person providing voluntary services under this
subsection. The Secretary shall determine which expenses are eligible
for reimbursement under this paragraph.
(f) Limitation on Expenditures.--Total expenditures to carry out the
commemorative program may not exceed $100,000.
SEC. 1084. COMMENDATION <<NOTE: 10 USC note prec. 1121.>> OF MEMBERS OF
THE ARMED FORCES AND GOVERNMENT CIVILIAN PERSONNEL WHO
SERVED DURING THE COLD WAR; CERTIFICATE OF RECOGNITION.
(a) Findings.--The Congress finds the following:
(1) During the period of the Cold War, from the end of World
War II until the collapse of the Soviet Union in 1991, the
United States and the Soviet Union engaged in a global military
rivalry.
(2) This rivalry, potentially the most dangerous military
confrontation in the history of mankind, has come to a close
without a direct superpower military conflict.
(3) Military and civilian personnel of the Department of
Defense, personnel in the intelligence community, members of the
foreign service, and other officers and employees of the United
States faithfully performed their duties during the Cold War.
(4) Many such personnel performed their duties while
isolated from family and friends and served overseas under
frequently arduous conditions in order to protect the United
States and achieve a lasting peace.
(5) The discipline and dedication of those personnel were
fundamental to the prevention of a superpower military conflict.
[[Page 111 STAT. 1920]]
(b) Congressional Commendation.--The Congress hereby commends the
members of the Armed Forces and civilian personnel of the Government who
contributed to the historic victory in the Cold War and expresses its
gratitude and appreciation for their service and sacrifices.
(c) Certificates of Recognition.--The Secretary of Defense shall
prepare a certificate recognizing the Cold War service of qualifying
members of the Armed Forces and civilian personnel of the Department of
Defense and other Government agencies contributing to national security,
as determined by the Secretary, and shall provide the certificate to
such members and civilian personnel upon request.
SEC. 1085. SENSE OF CONGRESS ON GRANTING OF STATUTORY FEDERAL CHARTERS.
(a) Findings.--Congress finds that the practice of providing by
statute Federal charters to certain nonprofit organizations--
(1) may be perceived as implying a Government imprimatur of
approval of those organizations; and
(2) may mistakenly lead to public perception that the United
States ensures the integrity and worthiness of those
organizations.
(b) Sense of Congress.--It is the sense of Congress--
(1) that because of the perceived implicit Government
imprimatur of approval conveyed by enactment of a Federal
charter for an organization, such a charter should be granted
only in the rarest and most extraordinary cases; and
(2) that no statutory Federal charter should be enacted
after the enactment of this Act unless the charter is approved
by Congress upon favorable report by the committees of
jurisdiction of the respective Houses.
SEC. 1086. SENSE OF CONGRESS REGARDING MILITARY VOTING RIGHTS.
(a) Findings.--Congress finds that--
(1) members of the Armed Forces have a fundamental right to
vote in Federal, State, and local elections; and
(2) an extended absence of a member of the Armed Forces from
the place of the member's residency or domicile due to military
or naval orders is not of itself grounds to consider the
member's residency or domicile as lost or changed.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of Defense, in consultation with the Attorney General, should
review how best to protect the right of members of the Armed Forces to
vote in Federal, State, and local elections while taking into account
the right of States to prescribe requirements for voter registration.
Such a review should include an assessment of challenges to military
voting rights and consideration of possible legislative remedies to
ensure that, for purposes of voting in Federal, State, and local
elections, a member of the Armed Forces who is absent from a State in
compliance with military or naval orders is not, solely by reason of
that absence, considered to have lost or changed residency or domicile.
SEC. 1087. DESIGNATION OF BOB HOPE AS AN HONORARY VETERAN OF THE ARMED
FORCES OF THE UNITED STATES.
(a) Findings.--Congress makes the following findings:
[[Page 111 STAT. 1921]]
(1) In its more than 200 years of existence as a nation, the
United States has never conferred on any person the status of
being an honorary veteran of the Armed Forces of the United
States.
(2) Status as an honorary veteran of the Armed Forces of the
United States is and should remain an extraordinary honor not
lightly conferred nor frequently granted.
(3) The lifetime of accomplishments and service of Leslie
Townes (Bob) Hope on behalf of members of the Armed Forces of
the United States fully justifies the conferring of that status.
(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) During World War II, the Korean Conflict, the Vietnam
War, the Persian Gulf War, and the Cold War, Bob Hope travelled
to visit and entertain millions of members of the Armed Forces
in numerous countries, on ships at sea, and in combat zones
ashore.
(6) Bob Hope has been awarded the Congressional Gold Medal,
the Presidential Medal of Freedom, the Distinguished Service
Medal of each of the branches of the Armed Forces and more than
100 other citations and awards from national veterans service
organizations and civic and humanitarian organizations.
(7) Bob Hope has given unselfishly of himself for over half
a century to be with American service members on foreign shores,
working tirelessly to bring a spirit of humor and cheer to
millions of service members during their loneliest moments, and
has, thereby, extended to them for the American people a touch
of home away from home.
(b) Designation of Bob Hope as Honorary Veteran.--
Congress--
(1) extends its gratitude, on behalf of the American people,
to Leslie Townes (Bob) Hope, of the State of California, for his
lifetime of accomplishments and service on behalf of members of
the Armed Forces of the United States; and
(2) hereby confers upon him the status of being an honorary
veteran of the Armed Forces of the United States.
SEC. 1088. 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 <<NOTE: 49 USC 44310 note.>> Date.--This section
shall take effect as of September 30, 1997.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Sec. 1101. Use of prohibited constraints to manage Department of Defense
personnel.
Sec. 1102. Veterans' preference status for certain veterans who served
on active duty during the Persian Gulf War.
Sec. 1103. Repeal of deadline for placement consideration of
involuntarily
separated military reserve technicians.
Sec. 1104. Rate of pay of Department of Defense overseas teachers upon
transfer to General Schedule position.
[[Page 111 STAT. 1922]]
Sec. 1105. Garnishment and involuntary allotment.
Sec. 1106. Extension and revision of voluntary separation incentive pay
authority.
Sec. 1107. Use of approved fire-safe accommodations by Government
employees on official business.
Sec. 1108. Navy higher education pilot program regarding administration
of
business relationships between Government and private sector.
Sec. 1109. Authority for Marine Corps University to employ civilian
faculty
members.
SEC. 1101. <<NOTE: Reports.>> 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 new subsection:
``(f)(1) Not later than February 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 Representatives 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 (i) 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 (ii) that, during the 12 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 12-month
period referred to in subparagraph (A).''.
SEC. 1102. VETERANS' PREFERENCE STATUS FOR CERTAIN VETERANS WHO SERVED
ON ACTIVE DUTY DURING THE PERSIAN GULF WAR.
(a) Definition of Veteran for Purposes of Preference Eligible
Status.--Section 2108 of title 5, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``or'' at the end of subparagraph
(A);
(B) by inserting ``or'' at the end of subparagraph
(B); and
(C) by inserting after subparagraph (B) the
following new subparagraph:
``(C) served on active duty as defined by section
101(21) of title 38 in the armed forces during the
period beginning on August 2, 1990, and ending on
January 2, 1992;''; and
(2) in paragraph (3)(B), by inserting ``or (C)'' after
``paragraph (1)(B)''.
(b) Additional Points.--Section 3309(2) of such title is amended by
striking ``2108(3)(A)'' and inserting ``2108(3)(A)-(B)''.
(c) Technical Amendments.--Section 2108(1)(B) of such title is
further amended--
(1) by striking ``the date of enactment of the Veterans'
Education and Employment Assistance Act of 1976,'' and inserting
``October 15, 1976,''; and
(2) by striking ``511(d) of title 10'' and inserting
``12103(d) of title 10''.
[[Page 111 STAT. 1923]]
SEC. 1103. REPEAL OF DEADLINE FOR PLACEMENT CONSIDERATION OF
INVOLUNTARILY SEPARATED MILITARY RESERVE TECHNICIANS.
(a) Repeal of Deadline.--Section 3329(b) of title 5, United States
Code, is amended by striking out ``not later than 6 months after the
date of the application''.
(b) Technical Correction.--Such section is further amended by
striking out ``a position described in subsection (c)'' the second place
it appears.
SEC. 1104. RATE OF PAY OF DEPARTMENT OF DEFENSE OVERSEAS TEACHERS UPON
TRANSFER TO GENERAL SCHEDULE POSITION.
(a) Prevention <<NOTE: Regulations.>> 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 <<NOTE: 5 USC 5334 note.>> 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 under paragraph (1), the rate of pay of
that person determined under that section (as in effect on that day) may
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 of more than three days on or after
that day.
SEC. 1105. GARNISHMENT AND INVOLUNTARY ALLOTMENT.
Section 5520a of title 5, United States Code, is amended--
(1) in subsection (j), by striking out paragraph (2) and
inserting in lieu thereof the following new paragraph:
``(2) Such regulations shall provide that an agency's administrative
costs in executing a garnishment action may be added to the garnishment,
and that the agency may retain costs recovered as offsetting
collections.'';
(2) in subsection (k)--
(A) by striking out paragraph (3); and
(B) by redesignating paragraph (4) as paragraph (3);
and
(3) by striking out subsection (l).
SEC. 1106. 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 new subsection:
``(h)(1)(A) In addition to any other payment that it is required to
make under subchapter III of chapter 83 or chapter 84, the Department of
Defense shall remit to the Office of Personnel Management an amount
equal to 15 percent of the final basic pay of each covered employee.
[[Page 111 STAT. 1924]]
``(B) If the employee is one with respect to whom a remittance would
otherwise be required under section 4(a) of the Federal Workforce
Restructuring Act of 1994 based on the separation involved, the
remittance under this subsection shall be instead of the remittance
otherwise required under such section 4(a).
``(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 and to
whom a voluntary separation incentive has been paid under this
section on the basis of a separation occurring 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.''.
(b) Extension of Authority.--(1) Subsection (e) of section 5597 of
title 5, United States Code, 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 out ``January 1, 2000'' and inserting in lieu thereof ``January
1, 2002''.
SEC. 1107. USE OF APPROVED FIRE-SAFE ACCOMMODATIONS BY GOVERNMENT
EMPLOYEES ON OFFICIAL BUSINESS.
(a) Percentage Use Requirement.--Section 5707a of title 5, United
States Code, is amended--
(1) by redesignating subsections (a) through (d) as
subsections (b) through (e), respectively; and
(2) by inserting after the section heading the following new
subsection:
``(a)(1) For the purpose of making payments under this chapter for
lodging expenses incurred in a State, each agency shall ensure that not
less than 90 percent of the commercial-lodging room nights for employees
of that agency for a fiscal year are booked in approved places of public
accommodation.
``(2) Each agency <<NOTE: Regulations.>> shall establish explicit
procedures to satisfy the percentage requirement of paragraph (1).
``(3) An agency shall be considered to be in compliance with the
percentage requirement of paragraph (1) until September 30, 2002, and
after that date if travel arrangements of the agency, whether made for
civilian employees, members of the uniformed services, or foreign
service personnel, are made through travel management processes designed
to book commercial lodging in approved places of public accommodation,
whenever available.''.
(b) Definitions.--Such section is further amended by adding at the
end the following new subsection:
``(f) For purposes of this section:
``(1) The term `agency' does not include the government of
the District of Columbia.
``(2) The term `approved places of public accommodation'
means hotels, motels, and other places of public accommodation
that are listed by the Director of the Federal Emergency
Management Agency as meeting the requirements of the fire
[[Page 111 STAT. 1925]]
prevention and control guidelines described in section 29 of the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2225).
``(3) The term `State' means any State, the District of
Columbia, the Commonwealth of Puerto Rico, the Commonwealth of
the Northern Mariana Islands, the Trust Territory of the Pacific
Islands, the Virgin Islands, Guam, American Samoa, or any other
territory or possession of the United States.''.
(c) Conforming Amendments.--Such section is further
amended--
(1) in subsection (b), as redesignated by subsection
(a)(1)--
(A) by striking out ``places of public accommodation
that meet the requirements of the fire prevention and
control guidelines described in section 29 of the
Federal Fire Prevention and Control Act of 1974'' and
inserting in lieu thereof ``approved places of public
accommodation''; and
(B) by striking out ``as defined in section 4 of the
Federal Fire Prevention and Control Act of 1974'';
(2) in subsection (c), as redesignated by subsection (a)(1),
by striking out ``does not meet the requirements of the fire
prevention and control guidelines described in section 29 of the
Federal Fire Prevention and Control Act of 1974'' and inserting
in lieu thereof ``is not an approved place of public
accommodation''; and
(3) in subsection (e), as redesignated by subsection
(a)(1)--
(A) by striking out ``encourage'' and inserting in
lieu thereof ``facilitate the ability of ''; and
(B) by striking out ``places of public accommodation
that meet the requirements of the fire prevention and
control guidelines described in section 29 of the
Federal Fire Prevention and Control Act of 1974'' and
inserting in lieu thereof ``approved places of public
accommodation''.
(d) Report by Federal Emergency Management Agency.--Not later than
six months after the date of the enactment of this Act, the Director of
the Federal Emergency Management Agency shall submit to Congress a
report describing the procedures to be used to ensure that all approved
places of public accommodation (within the meaning of section
5707a(f)(2) of title 5, United States Code, as added by subsection (b))
appear on the national master list maintained by the Director under
section 28(b) of the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2224(b)) of all of the places of public accommodation affecting
commerce located in each State that meet the requirements of the fire
prevention and control guidelines described in section 29 of such Act
(15 U.S.C. 2225).
(e) Report on Implementation.--Not later than one year after the
date of the enactment of this Act, the Administrator of General Services
shall submit to Congress a report describing the measures that have been
taken and will be taken by Federal agencies to comply with the
requirement that not less than 90 percent of the commercial-lodging room
nights for employees of each Federal agency for a fiscal year are booked
in approved places of public accommodation, as specified in section
5707a(a) of title 5, United States Code, as added by subsection (a).
Measures to satisfy such
[[Page 111 STAT. 1926]]
requirement may include the use of contract travel agents, automated
booking systems, and data developed from travel payment systems. The
Administrator shall prepare the report in consultation with the heads of
the Federal agencies subject to such requirement.
SEC. 1108. <<NOTE: 10 USC 5013 note.>> NAVY HIGHER EDUCATION PILOT
PROGRAM REGARDING ADMINISTRATION OF BUSINESS RELATIONSHIPS
BETWEEN GOVERNMENT AND PRIVATE SECTOR.
(a) Pilot Project Authorized.--During fiscal years 1998 through
2002, the Secretary of the Navy may establish and conduct a pilot
program of graduate-level higher education regarding the administration
of business relationships between the Government and the private sector.
(b) Purpose.--The purpose of the pilot program is to make available
to employees of the Naval Undersea Warfare Center, employees of the
Naval Sea Systems Command, and employees of the Acquisition Center for
Excellence of the Navy (upon establishment of such Acquisition Center),
a curriculum of graduate-level higher education leading to the award of
a graduate degree designed to prepare participants effectively to meet
the challenges of administering Government contracting and other
business relationships between the United States and private sector
businesses in the context of constantly changing or newly emerging
industries, technologies, governmental organizations, policies, and
procedures (including governmental organizations, policies, and
procedures recommended in the National Performance Review).
(c) Partnership With Institution of Higher Education.--(1) The
Secretary of the Navy may enter into an agreement with an institution of
higher education to assist the Naval Undersea Warfare Center with the
development of the curriculum for the pilot program, to offer courses
and provide instruction and materials to participants to the extent
provided for in the agreement, to provide such other assistance in
support of the program as may be provided for in the agreement, and to
award a graduate degree under the program.
(2) To be eligible to enter into an agreement under paragraph (1),
an institution of higher education must have an established program of
graduate-level education that is relevant to the purpose of the pilot
program.
(d) Curriculum.--The curriculum offered under the pilot
program shall--
(1) be designed specifically to achieve the purpose of the
pilot program; and
(2) include courses that are--
(A) typically offered under curricula leading to
award of the degree of Master of Business Administration
by institutions of higher education; and
(B) necessary for meeting educational qualification
requirements for certification as an acquisition program
manager.
(e) Distance Learning Option.--The Secretary of the Navy may include
as part of the pilot program policies and procedures for offering
distance learning instruction by means of telecommunications,
correspondence, or other methods for off-site receipt of instruction.
[[Page 111 STAT. 1927]]
(f) Report.--Not later than 90 days after the termination of the
pilot program, the Secretary of the Navy shall submit to Congress a
report containing--
(1) an assessment by the Secretary of the value of the
program for meeting the purpose of the program and the
desirability of permanently establishing a similar program for
other employees of the Department of Defense; and
(2) such other information and recommendations regarding the
program as the Secretary considers appropriate.
(g) Limitation on Funding Source.--Any funds required for the pilot
program for a fiscal year shall be derived only from the appropriation
``Operation and Maintenance, Navy'' for that fiscal year.
SEC. 1109. AUTHORITY FOR MARINE CORPS UNIVERSITY TO EMPLOY CIVILIAN
FACULTY MEMBERS.
(a) Expanded Authority.--Subsections (a) and (c) of section 7478 of
title 10, United States Code, are amended by striking out ``at the
Marine Corps Command and Staff College'' and inserting in lieu thereof
``of the Marine Corps University''.
(b) Clerical Amendments.--(1) The heading of such section is amended
to read as follows:
``Sec. 7478. Naval War College and Marine Corps University: civilian
faculty members''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 643 of such title is amended to read as
follows:
``7478. Naval War College and Marine Corps University: civilian faculty
members.''.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
Subtitle A--United States Armed Forces in Bosnia and Herzegovina
Sec. 1201. Findings.
Sec. 1202. Sense of Congress.
Sec. 1203. Withdrawal of United States ground forces from Republic of
Bosnia and Herzegovina.
Sec. 1204. Secretary of Defense reports on tasks carried out by United
States forces.
Sec. 1205. Presidential report on situation in Republic of Bosnia and
Herzegovina.
Sec. 1206. Definitions.
Subtitle B--Export Controls on High Performance Computers
Sec. 1211. Export approvals for high performance computers.
Sec. 1212. Report on exports of high performance computers.
Sec. 1213. Post-shipment verification of export of high performance
computers.
Sec. 1214. GAO study on certain computers; end user information
assistance.
Sec. 1215. Congressional committees.
Subtitle C--Other Matters
Sec. 1221. Defense burdensharing.
Sec. 1222. Temporary use of general purpose vehicles and nonlethal
military equipment under acquisition and cross servicing
agreements.
Sec. 1223. Sense of Congress and reports regarding financial costs of
enlargement of the North Atlantic Treaty Organization.
Sec. 1224. Sense of Congress regarding enlargement of the North Atlantic
Treaty Organization.
Sec. 1225. Sense of the Congress relating to level of United States
military personnel in the East Asia and Pacific region.
Sec. 1226. Report on future military capabilities and strategy of the
People's
Republic of China.
[[Page 111 STAT. 1928]]
Sec. 1227. Sense of Congress on need for Russian openness on the
Yamantau Mountain project.
Sec. 1228. Assessment of the Cuban threat to United States national
security.
Sec. 1229. Report on Helsinki Joint Statement.
Sec. 1230. Commendation of Mexico on free and fair elections.
Sec. 1231. Sense of Congress regarding Cambodia.
Sec. 1232. Congratulating Governor Christopher Patten of Hong Kong.
Subtitle A--United States Armed Forces in Bosnia and Herzegovina
SEC. 1201. FINDINGS.
The Congress finds the following:
(1) United States Armed Forces were deployed to the Republic
of Bosnia and Herzegovina as part of the North Atlantic Treaty
Organization (NATO) Implementation Force (IFOR) to implement the
military aspects of the Dayton Peace Agreement.
(2) The military aspects of the Dayton Peace Agreement have
been successfully implemented to date with the military forces
of the warring factions successfully separated and a cessation
in the hostilities that resulted in the deaths of hundreds of
thousands of Bosnians.
(3) Implementation of the civil aspects of the Dayton Peace
Agreement has lagged far behind the schedule for such
implementation envisioned in the Agreement with the result that
United States Armed Forces have undertaken a prolonged
engagement in the Republic of Bosnia and Herzegovina.
(4) On December 13, 1995, the President stated in a letter
to Congress, ``NATO and U.S. military commanders believe, and I
expect, that the military mission can be accomplished in about a
year. Twelve months will allow IFOR time to complete the
military tasks assigned in the Dayton agreement and to establish
a secure environment, in which political and economic
reconstruction efforts by the parties and international civilian
agencies can take hold. Within one year, we expect that the
military provisions of the Dayton agreement will have been
carried out, implementation of the civilian aspects and economic
reconstruction will have been firmly launched, free elections
will have been held under international supervision and a stable
military balance will have been established.''
(5) Notwithstanding a number of assurances relating to the
accomplishment of the military mission in the Republic of Bosnia
and Herzegovina by December 1996, the President, on November 15,
1996, announced his decision to extend the presence of United
States forces in the Republic of Bosnia and Herzegovina to
participate in the NATO Stabilization Force (SFOR) until June
1998.
(6) Despite initial projections by the Department of Defense
that the costs of United States operations in the Republic of
Bosnia and Herzegovina would total $1,500,000,000, the projected
cost of United States operations in the Republic of Bosnia and
Herzegovina through June 1998 is estimated to exceed
$7,000,000,000.
(7) The fiscal year 1998 estimate of the Department of
Defense for operations in the Republic of Bosnia and
[[Page 111 STAT. 1929]]
Herzegovina assumes that the level of military forces
participating in SFOR will be reduced soon after the start of
the fiscal year.
(8) The President and the Secretary of Defense have stated
that United States forces are to be withdrawn from the Republic
of Bosnia and Herzegovina by the end of June 1998.
SEC. 1202. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) United States ground combat forces should not
participate in a follow-on force in the Republic of Bosnia and
Herzegovina after June 1998;
(2) the European Security and Defense Identity, which, as
facilitated by the Combined Joint Task Forces concept, enables
the Western European Union, with the consent of the North
Atlantic Alliance, to assume political control and strategic
direction of NATO assets made available for the Alliance, may be
an ideal instrument for a follow-on force for the Republic of
Bosnia and Herzegovina;
(3) a NATO-led force without the participation of United
States ground combat forces in the Republic of Bosnia and
Herzegovina may be suitable for a follow-on force for the
Republic of Bosnia and Herzegovina if the European Security and
Defense Identity is not sufficiently developed or is otherwise
considered inappropriate for such a mission;
(4) the United States may decide to provide appropriate
support to a Western European Union-led or NATO-led follow-on
force, including command and control, intelligence, logistics,
and, if necessary, a ready reserve force in the region;
(5) the President should inform our European NATO allies of
this expression of the sense of Congress and should urge them
strongly to undertake preparations for a Western European Union-
led or NATO-led force as a follow-on force to the NATO-led SFOR
if needed to maintain peace and stability in the Republic of
Bosnia and Herzegovina; and
(6) the President should consult with the Congress with
respect to any support to be provided to a Western European
Union-led or NATO-led follow-on force in the Republic of Bosnia
and Herzegovina after June 30, 1998.
SEC. 1203. <<NOTE: 10 USC 114 note.>> WITHDRAWAL OF UNITED STATES
GROUND FORCES FROM REPUBLIC OF BOSNIA AND HERZEGOVINA .
(a) Limitation.--No funds appropriated or otherwise made available
for the Department of Defense for fiscal year 1998 or any subsequent
fiscal year may be used for the deployment of any United States ground
combat forces in the Republic of Bosnia and Herzegovina after June 30,
1998, unless the President, not later than May 15, 1998, and after
consultation with the bipartisan leadership of the two Houses of
Congress, transmits to Congress a certification--
(1) that the continued presence of United States ground
combat forces, after June 30, 1998, in the Republic of Bosnia
and Herzegovina is required in order to meet the national
security interests of the United States; and
(2) that after June 30, 1998, it will remain United States
policy that United States ground forces will not serve as, or be
used as, civil police in the Republic of Bosnia and Herzegovina.
[[Page 111 STAT. 1930]]
(b) Report.--The <<NOTE: President.>> President shall submit with
the certification under subsection (a) a report that includes the
following:
(1) The reasons why that presence is in the national
security interest of the United States.
(2) The number of United States military personnel to be
deployed in and around the Republic of Bosnia and Herzegovina
and other areas of the former Yugoslavia after that date.
(3) The expected duration of any such deployment.
(4) The mission and objectives of the United States Armed
Forces to be deployed in and around the Republic of Bosnia and
Herzegovina and other areas of the former Yugoslavia after June
30, 1998.
(5) The exit strategy of such forces.
(6) The incremental costs associated with any such
deployment.
(7) The effect of such deployment on the morale, retention,
and effectiveness of United States armed forces.
(8) A description of the forces from other nations involved
in a follow-on mission, shown on a nation-by-nation basis.
(9) A description of the command and control arrangement
established for United States forces involved in a follow-on
mission.
(10) An assessment of the expected threats to United States
forces involved in a follow-on mission.
(11) The plan for rotating units and personnel to and from
the Republic of Bosnia and Herzegovina during a follow-on
mission, including the level of participation by reserve
component units and personnel.
(12) The mission statement and operational goals of the
United States forces involved in a follow-on mission.
(c) Request for Supplemental Appropriations.--The President shall
transmit to Congress with a certification under subsection (a) a
supplemental appropriations request for the Department of Defense for
such amounts as are necessary for the costs of any continued deployment
beyond June 30, 1998.
(d) Construction With President's Constitutional Authority.--Nothing
in this section shall be deemed to restrict the authority of the
President under the Constitution to protect the lives of United States
citizens.
(e) Construction With Appropriations Provision.--The provisions of
this section are enacted, and shall be applied, as supplemental to (and
not in lieu of) the provisions of section 8132 of the Department of
Defense Appropriations Act, 1998 (Public Law 105-56).
SEC. 1204. SECRETARY OF DEFENSE REPORTS ON TASKS CARRIED OUT BY UNITED
STATES FORCES.
(a) Requirement for Two Reports.--The Secretary of Defense shall
submit to the congressional defense committees--
(1) not later than December 15, 1997, a report identifying
each activity being carried out, as of December 1, 1997, by
covered United States forces in the Republic of Bosnia and
Herzegovina; and
(2) not later than April 15, 1998, a report identifying each
activity being carried out, as of April 1, 1998, by covered
United States forces in the Republic of Bosnia and Herzegovina.
[[Page 111 STAT. 1931]]
(b) Covered United States Forces.--For purposes of this section,
covered United States forces in the Republic of Bosnia and Herzegovina
are United States ground forces in the Republic of Bosnia and
Herzegovina that are assigned to the multinational peacekeeping force
known as the Stabilization Force (SFOR) or any other multinational
peacekeeping force that is the successor to the SFOR.
(c) Matters To Be Included.--The Secretary shall include in each
report under subsection (a), for each activity identified under that
subsection, the following:
(1) The number of United States military personnel involved
in the performance of that activity.
(2) Whether forces assigned to the SFOR (or successor
multinational peacekeeping force) from other nations also
participated in that activity.
(3) The justification for using military forces rather than
civilian organizations to perform that activity.
(4) In the case of activities that (as determined by the
Secretary) are considered to be supporting tasks, as that term
is used in paragraph 3 of Article VI of Annex 1-A to the General
Framework Agreement for Peace in Bosnia and Herzegovina, the
justification for using military forces.
(5) The likelihood that each such activity will have to be
carried out by United States military forces after June 30,
1998.
SEC. 1205. PRESIDENTIAL REPORT ON SITUATION IN REPUBLIC OF BOSNIA AND
HERZEGOVINA.
(a) Requirement.--Not later than February 1, 1998, the President
shall submit to Congress a report on the political and military
conditions in the Republic of Bosnia and Herzegovina. The report shall
be submitted in both classified and unclassified form.
(b) Matters To Be Included.--The report under subsection (a) shall
include a discussion of the following:
(1) An assessment of the progress made in implementing the
civil, economic, and political aspects of the Dayton Peace
Agreement.
(2) An identification of the specific steps taken to
transfer the United States portion of the peacekeeping mission
in the Republic of Bosnia and Herzegovina to forces of the
member-states of the Western European Union or to a NATO-led
force without the participation of United States ground combat
forces in the Republic of Bosnia and Herzegovina.
(3) A detailed discussion of the proposed role and
involvement of the United States in supporting peacekeeping
activities in the Republic of Bosnia and Herzegovina following
the withdrawal of United States ground combat forces from the
Republic of Bosnia and Herzegovina.
(4) A detailed explanation and timetable for carrying out
the commitment to withdraw all United States ground forces from
the Republic of Bosnia and Herzegovina by June 30, 1998,
including the planned date of commencement and completion of the
withdrawal.
(5) The military and political considerations that will
affect the decision to carry out such a transition.
(6) Any plan to maintain or expand other Bosnia-related
operations (such as the operations designated as Operation
[[Page 111 STAT. 1932]]
Deliberate Guard) if tensions in the Republic of Bosnia and
Herzegovina remain sufficient to delay reductions of United
States military forces participating in the Stabilization Force
and the estimated cost associated with each such operation.
SEC. 1206. DEFINITIONS. <<NOTE: 10 USC 114 note.>>
As used in this subtitle:
(1) Dayton peace agreement.--The term ``Dayton Peace
Agreement'' means the General Framework Agreement for Peace in
Bosnia and Herzegovina, initialed by the parties in Dayton,
Ohio, on November 21, 1995, and signed in Paris on December 14,
1995.
(2) Implementation force.--The term ``Implementation Force''
means the NATO-led multinational military force in the Republic
of Bosnia and Herzegovina (commonly referred to as ``IFOR''),
authorized under the Dayton Peace Agreement.
(3) Stabilization force.--The term ``Stabilization Force''
means the NATO-led follow-on force to the Implementation Force
in the Republic of Bosnia and Herzegovina and other countries in
the region (commonly referred to as ``SFOR''), authorized under
United Nations Security Council Resolution 1088 (December 12,
1996).
(4) Follow-on mission.--The term ``follow-on mission'' means
a mission involving the deployment of ground elements of the
United States Armed Forces in the Republic of Bosnia and
Herzegovina after June 30, 1998 (other than as described in
section 1203(b)).
(5) NATO.--The term ``NATO'' means the North Atlantic Treaty
Organization.
Subtitle B--Export <<NOTE: 50 USC app. 2404 note.>> Controls on High
Performance Computers
SEC. 1211. EXPORT APPROVALS FOR HIGH PERFORMANCE
COMPUTERS.
(a) Prior <<NOTE: President.>> Approval of Exports and Reexports.--
The President shall require that no digital computer with a composite
theoretical performance level of more than 2,000 millions of theoretical
operations per second (MTOPS) or with such other composite theoretical
performance level as may be established subsequently by the President
under subsection (d), may be exported or reexported without a license to
a country specified in subsection (b) if the Secretary of Commerce, the
Secretary of Defense, the Secretary of Energy, the Secretary of State,
or the Director of the Arms Control and Disarmament Agency objects, in
writing, to such export or reexport. Any person proposing to export or
reexport such a digital computer shall so notify the Secretary of
Commerce, who, within 24 hours after receiving the notification, shall
transmit the notification to the Secretary of Defense, the Secretary of
Energy, the Secretary of State, and the Director of the Arms Control and
Disarmament Agency.
(b) Covered Countries.--For purposes of subsection (a), the
countries specified in this subsection are the countries listed as
``Computer Tier 3'' eligible countries in section 740.7(d) of title 15
of the Code of Federal Regulations, as in effect on June 10,
[[Page 111 STAT. 1933]]
1997, subject to modification by the President under subsection (e).
(c) Time Limit.--Written objections under subsection (a) to an
export or reexport shall be raised within 10 days after the notification
is received under subsection (a). If such a written objection to the
export or reexport of a computer is raised, the computer may be exported
or reexported only pursuant to a license issued by the Secretary of
Commerce under the Export Administration Regulations of the Department
of Commerce, without regard to the licensing exceptions otherwise
authorized under section 740.7 of title 15 of the Code of Federal
Regulations, as in effect on June 10, 1997. If no objection is raised
within the 10-day period, the export or reexport is authorized.
(d) Adjustment of Composite Theoretical Performance.--The
President, <<NOTE: President.>> in consultation with the Secretary of
Commerce, the Secretary of Defense, the Secretary of Energy, the
Secretary of State, and the Director of the Arms Control and Disarmament
Agency, may establish a new composite theoretical performance level for
purposes of subsection (a). Such new level shall not take effect until
180 days after the President submits to the congressional committees
designated in section 1215 a report setting forth the new composite
theoretical performance level and the justification for such new level.
Each report shall, at a minimum--
(1) address the extent to which high performance computers
of a composite theoretical level between the level established
in subsection (a) or such level as has been previously adjusted
pursuant to this section and the new level, are available from
other countries;
(2) address all potential uses of military significance to
which high performance computers at the new level could be
applied; and
(3) assess the impact of such uses on the national security
interests of the United States.
(e) Adjustment of Covered Countries.--
(1) In general.--The President, <<NOTE: President.>> in
consultation with the Secretary of Commerce, the Secretary of
Defense, the Secretary of Energy, the Secretary of State, and
the Director of the Arms Control and Disarmament Agency, may add
a country to or remove a country from the list of covered
countries in subsection (b), except that a country may be
removed from the list only in accordance with paragraph (2).
(2) Deletions from list of covered countries.--The removal
of a country from the list of covered countries under subsection
(b) shall not take effect until 120 days after the President
submits to the congressional committees designated in section
1215 a report setting forth the justification for the deletion.
(3) Excluded countries.--A country may not be removed from
the list of covered countries under subsection (b) if--
(A) the country is a ``nuclear-weapon state'' (as
defined by Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons) and the country is not
a member of the North Atlantic Treaty Organization; or
(B) the country is not a signatory of the Treaty on
the Non-Proliferation of Nuclear Weapons and the country
is listed on Annex 2 to the Comprehensive Nuclear Test-
Ban Treaty.
[[Page 111 STAT. 1934]]
(f) Classification.--Each report under subsections (d) and (e) shall
be submitted in an unclassified form and may, if necessary, have a
classified supplement.
SEC. 1212. REPORT ON EXPORTS OF HIGH PERFORMANCE COMPUTERS.
(a) Report.--Not later than 60 days after the date of the enactment
of this Act, the President shall provide to the congressional committees
specified in section 1215 a report identifying all exports of digital
computers with a composite theoretical performance of more than 2,000
millions of theoretical operations per second (MTOPS) to all countries
since January 25, 1996. For each export, the report shall identify--
(1) whether an export license was applied for and whether
one was granted;
(2) the date of the transfer of the computer;
(3) the United States manufacturer and exporter of the
computer;
(4) the MTOPS level of the computer; and
(5) the recipient country and end user.
(b) Additional Information on Exports to Certain Countries.--In the
case of exports to countries specified in subsection (c), the report
under subsection (a) shall identify the intended end use for the
exported computer and the assessment by the executive branch of whether
the end user is a military end user or an end user involved in
activities relating to nuclear, chemical, or biological weapons or
missile technology. Information provided under this subsection may be
submitted in classified form if necessary.
(c) Covered Countries.--For purposes of subsection (b), the
countries specified in this subsection are--
(1) the countries listed as ``Computer Tier 3'' eligible
countries in section 740.7(d) of title 15 of the Code of Federal
Regulations, as in effect on June 10, 1997; and
(2) the countries listed in section 740.7(e) of title 15 of
the Code of Federal Regulations, as in effect on June 10, 1997.
SEC. 1213. POST-SHIPMENT VERIFICATION OF EXPORT OF HIGH PERFORMANCE
COMPUTERS.
(a) Required Post-Shipment Verification.--The Secretary of Commerce
shall conduct post-shipment verification of each digital computer with a
composite theoretical performance of more than 2,000 millions of
theoretical operations per second (MTOPS) that is exported from the
United States, on or after the date of the enactment of this Act, to a
country specified in subsection (b).
(b) Covered Countries.--For purposes of subsection (a), the
countries specified in this subsection are the countries listed as
``Computer Tier 3'' eligible countries in section 740.7 of title 15 of
the Code of Federal Regulations, as in effect on June 10, 1997, subject
to modification by the President under section 1211(e).
(c) Annual Report.--The Secretary of Commerce shall submit to the
congressional committees specified in section 1215 an annual report on
the results of post-shipment verifications conducted under this section
during the preceding year. Each such report shall include a list of all
such items exported from the United States to such countries during the
previous year and, with respect to each such export, the following:
(1) The destination country.
[[Page 111 STAT. 1935]]
(2) The date of export.
(3) The intended end use and intended end user.
(4) The results of the post-shipment verification.
(d) Explanation When Verification Not Conducted.--If a post-shipment
verification has not been conducted in accordance with subsection (a)
with respect to any such export during the period covered by a report,
the Secretary shall include in the report for that period a detailed
explanation of the reasons why such a post-shipment verification was not
conducted.
SEC. 1214. GAO STUDY ON CERTAIN COMPUTERS; END USER INFORMATION
ASSISTANCE.
(a) In General.--The Comptroller General of the United States shall
submit to the congressional committees specified in section 1215 a study
of the national security risks relating to the sale of computers with a
composite theoretical performance of between 2,000 and 7,000 millions of
theoretical operations per second (MTOPS) to end users in countries
specified in subsection (c). The study shall also analyze any foreign
availability of computers described in the preceding sentence and the
impact of such sales on United States exporters.
(b) End User Information Assistance to Exporters.--The Secretary of
Commerce shall establish a procedure by which exporters may seek
information on questionable end users in countries specified in
subsection (c) who are seeking to obtain computers described in
subsection (a).
(c) Covered Countries.--For purposes of subsections (a) and (b), the
countries specified in this subsection are the countries listed as
``Computer Tier 3'' eligible countries in section 740.7(d) of title 15
of the Code of Federal Regulations, as in effect on June 10, 1997.
SEC. 1215. CONGRESSIONAL COMMITTEES.
For purposes of sections 1211(d), 1212(a), 1213(c), and 1214(a) the
congressional committees specified in those sections are the following:
(1) The Committee on Banking, Housing, and Urban Affairs and
the Committee on Armed Services of the Senate.
(2) The Committee on International Relations and the
Committee on National Security of the House of Representatives.
Subtitle C--Other Matters
SEC. 1221. DEFENSE <<NOTE: 22 USC 1928 note.>> BURDENSHARING.
(a) Efforts To Increase Allied Burdensharing.--The President shall
seek to have each nation that has cooperative military relations with
the United States (including security agreements, basing arrangements,
or mutual participation in multinational military organizations or
operations) take one or more of the following actions:
(1) For any nation in which United States military personnel
are assigned to permanent duty ashore, increase its financial
contributions to the payment of the nonpersonnel costs incurred
by the United States Government for stationing United States
military personnel in that nation, with a goal of achieving by
September 30, 2000, 75 percent of such costs. An increase
[[Page 111 STAT. 1936]]
in financial contributions by any nation under this paragraph
may include the elimination of taxes, fees, or other charges
levied on United States military personnel, equipment, or
facilities stationed in that nation.
(2) Increase its annual budgetary outlays for national
defense as a percentage of its gross domestic product by 10
percent or at least to a level commensurate to that of the
United States by September 30, 1998.
(3) Increase its annual budgetary outlays for foreign
assistance (to promote democratization, economic stabilization,
transparency arrangements, defense economic conversion, respect
for the rule of law, and internationally recognized human
rights) by 10 percent or at least to a level commensurate to
that of the United States by September 30, 1998.
(4) Increase the amount of military assets (including
personnel, equipment, logistics, support and other resources)
that it contributes, or would be prepared to contribute, to
multinational military activities worldwide.
(b) Authorities To Encourage Actions by United States Allies.--In
seeking the actions described in subsection (a) with respect to any
nation, or in response to a failure by any nation to undertake one or
more of such actions, the President may take any of the following
measures to the extent otherwise authorized by law:
(1) Reduce the end strength level of members of the Armed
Forces assigned to permanent duty ashore in that nation.
(2) Impose on that nation fees or other charges similar to
those that such nation imposes on United States forces stationed
in that nation.
(3) Reduce (through rescission, impoundment, or other
appropriate procedures as authorized by law) the amount the
United States contributes to the NATO Civil Budget, Military
Budget, or Security Investment Program.
(4) Suspend, modify, or terminate any bilateral security
agreement the United States has with that nation, consistent
with the terms of such agreement.
(5) Reduce (through rescission, impoundment or other
appropriate procedures as authorized by law) any United States
bilateral assistance appropriated for that nation.
(6) Take any other action the President determines to be
appropriate as authorized by law.
(c) Report on Progress in Increasing Allied Burdensharing.--Not
later than March 1, 1998, the Secretary of Defense shall submit to
Congress a report on--
(1) steps taken by other nations to complete the actions
described in subsection (a);
(2) all measures taken by the President, including those
authorized in subsection (b), to achieve the actions described
in subsection (a);
(3) the difference between the amount allocated by other
nations for each of the actions described in subsection (a)
during the period beginning on March 1, 1996, and ending on
February 28, 1997, and during the period beginning on March 1,
1997, and ending on February 28, 1998; and
(4) the budgetary savings to the United States that are
expected to accrue as a result of the steps described under
paragraph (1).
[[Page 111 STAT. 1937]]
(d) Report on National Security Bases for Forward Deployment and
Burdensharing Relationships.--(1) In order to ensure the best allocation
of budgetary resources, the President shall undertake a review of the
status of elements of the
United States Armed Forces that are permanently stationed outside the
United States. The review shall include an assessment of the following:
(A) The alliance requirements that are to be found in
agreements between the United States and other countries.
(B) The national security interests that support permanently
stationing elements of the United States Armed Forces outside
the United States.
(C) The stationing costs associated with the forward
deployment of elements of the United States Armed Forces.
(D) The alternatives available to forward deployment (such
as material prepositioning, enhanced airlift and sealift, or
joint training operations) to meet such alliance requirements or
national security interests, with such alternatives identified
and described in detail.
(E) The costs and force structure configurations associated
with such alternatives to forward deployment.
(F) The financial contributions that allies of the United
States make to common defense efforts (to promote
democratization, economic stabilization, transparency
arrangements, defense economic conversion, respect for the rule
of law, and internationally recognized human rights).
(G) The contributions that allies of the United States make
to meeting the stationing costs associated with the forward
deployment of elements of the United States Armed Forces.
(H) The annual expenditures of the United States and its
allies on national defense, and the relative percentages of each
nation's gross domestic product constituted by those
expenditures.
(2) The <<NOTE: President.>> President shall submit to Congress a
report on the review under paragraph (1). The report shall be submitted
not later than March 1, 1998, in classified and unclassified form.
SEC. 1222. TEMPORARY USE OF GENERAL PURPOSE VEHICLES AND NONLETHAL
MILITARY EQUIPMENT UNDER ACQUISITION AND CROSS SERVICING
AGREEMENTS.
Section 2350(1) of title 10, United States Code, is amended by
striking out ``other items'' in the second sentence and all that follows
through ``United States Munitions List'' and inserting in lieu thereof
``other nonlethal items of military equipment which are not designated
as significant military equipment on the United States Munitions List
promulgated''.
SEC. 1223. SENSE OF CONGRESS AND REPORTS REGARDING FINANCIAL COSTS OF
ENLARGEMENT OF THE NORTH ATLANTIC TREATY ORGANIZATION.
(a) Findings.--Congress finds the following:
(1) In a report to Congress in February 1997 on the
rationale, benefits, costs, and implications of North Atlantic
Treaty Organization enlargement the Secretary of Defense
estimated that the financial cost to the United States of such
enlargement will be modest, totaling between $2,000,000,000 and
$2,600,000,000 for the period from 1997 through 2009.
[[Page 111 STAT. 1938]]
(2) A study by the RAND Corporation published in 1996
calculated that the total financial cost to the United States of
such enlargement will be between $5,000,000,000 and
$6,000,000,000 over the same period.
(3) A March 1996 report by the Congressional Budget Office
on the financial costs of enlarging the North Atlantic Treaty
Organization alliance estimated the United States share of
alliance enlargement costs to be between $4,800,000,000 and
$18,900,000,000 through 2010, depending upon political
developments in Europe.
(4) An August 1997 report by the General Accounting Office
reviewing the financial cost estimates of the Secretary of
Defense concluded that North Atlantic Treaty Organization
enlargement could entail additional costs beyond those included
in the Secretary's estimate and questioned the validity of the
Secretary's estimate due to the lack of supporting cost
documentation and the inclusion of cost elements not related to
NATO enlargement.
(5) The North Atlantic Alliance is scheduled to complete its
analysis of the military requirements for the integration of
Poland, the Czech Republic, and Hungary into the Alliance in
December 1997.
(6) The North Atlantic Alliance is also scheduled to
complete in December 1997 its financial cost estimate of the
military requirements related to the integration of those
nations.
(b) Sense of Congress.--It is the sense of Congress that the
analysis of the North Atlantic Alliance of the military requirements
relating to NATO enlargement and of the financial costs to the Alliance
of NATO enlargement will be one of the major factors in the
consideration by the Senate of the ratification of instruments to
approve the admission of new member nations to the Alliance and by
Congress for the authorization and appropriation of the funding for the
costs associated with such enlargement.
(c) Report Assessing NATO Cost Analysis.--Not later than March 31,
1998, the Secretary of Defense shall submit to Congress a report
providing--
(1) an assessment of the analysis by the North Atlantic
Alliance of the military requirements related to NATO
enlargement and of the estimate of the financial costs to the
NATO Alliance for the integration of Poland, the Czech Republic,
and Hungary into the Alliance;
(2) a description of the analytical means used to determine
such requirements and costs; and
(3) a general assessment of the additional military
requirements and costs that would result from a significantly
increased threat.
(d) Report on Department of Defense Costs.--(1) The Secretary of
Defense shall submit to Congress, in conjunction with the submission of
the President's budget for fiscal year 1999, a report on Department of
Defense costs for NATO enlargement. The report shall include a detailed
estimate of such costs for fiscal year 1998 that identifies all
appropriations, by budget activity, for the military departments and
other elements of the Department of Defense to support NATO enlargement.
(2) The Secretary of Defense shall include in the budget
justification materials submitted to Congress by the Secretary in
support of the budget of Department of Defense for fiscal year 1999
[[Page 111 STAT. 1939]]
complete and detailed descriptions and estimates of the amounts provided
in that budget for the costs of NATO enlargement.
SEC. 1224. SENSE OF CONGRESS REGARDING ENLARGEMENT OF THE NORTH ATLANTIC
TREATY ORGANIZATION.
(a) Findings.--Congress makes the following findings:
(1) The North Atlantic Treaty Organization (NATO) met on
July 8 and 9, 1997, in Madrid, Spain, and issued invitations to
the Czech Republic, Hungary, and Poland to begin accession talks
to join NATO.
(2) Congress has expressed its support for the process of
NATO enlargement by approving the NATO Enlargement Facilitation
Act of 1996 (title VI of the matter enacted in section 101(c) of
division A of Public Law 104-208; 22 U.S.C. 1928 note).
(3) The United States has supported the position that the
process of enlarging NATO will continue after the first round of
invitations in July 1997.
(4) Romania and Slovenia are to be commended for their
progress toward political and economic reform and appear to be
striving to meet the guidelines for prospective membership in
NATO.
(5) In furthering the purpose and objective of NATO in
promoting stability and well-being in the North Atlantic area,
NATO should invite Romania and Slovenia to accession
negotiations to become NATO members as expeditiously as possible
upon the satisfaction of all relevant membership criteria and
consistent with NATO security objectives.
(b) Sense of Congress.--It is the sense of Congress that North
Atlantic Treaty Organization should be commended--
(1) for having committed to review the process of enlarging
the Organization in 1999; and
(2) for singling out the positive developments toward
democracy and rule of law in Romania and Slovenia.
SEC. 1225. SENSE OF CONGRESS RELATING TO LEVEL OF UNITED STATES MILITARY
PERSONNEL IN THE EAST ASIA AND PACIFIC REGION.
(a) Findings.--Congress finds the following:
(1) The stability of the Asia-Pacific region is a matter of
vital national interest affecting the well-being of all
Americans.
(2) The nations of the Pacific Rim collectively represent
the United States largest trading partner and are expected to
account for almost one-third of the world's economic activity by
the start of the next century.
(3) The increased reliance by the United States on trade and
Middle East oil sources has reinforced United States security
interests in the Southeast Asia shipping lanes through the South
China Sea and the key straits of Malacca, Sunda, Lombok, and
Makassar.
(4) The South China Sea is an important area for United
States Navy ships passing from the Pacific to the Indian Ocean
and the Persian Gulf.
(5) Maintaining freedom of navigation in the South China Sea
is an important interest of the United States.
(6) The threats of proliferation of weapons of mass
destruction, the emerging nationalism amidst long-standing
ethnic
[[Page 111 STAT. 1940]]
and national rivalries, and the unresolved territorial disputes
combine to create a political landscape of potential instability
and conflict in this region that could jeopardize the interests
of the United States and the safety of United States nationals.
(7) A critical component of the East Asia strategy of the
United States is maintaining forward deployed forces in Asia to
ensure broad regional stability, to help to deter aggression, to
lessen the pressure for arms races, and to contribute to the
political and economic advances of the region from which the
United States benefits.
(8) The forward presence of the United States in Northeast
Asia enables the United States to respond to regional
contingencies, to protect sea lines of communication, to sustain
influence, and to support operations as distant as operations in
the Persian Gulf.
(9) The military forces of the United States serve to
prevent the political or economic control of the Asia-Pacific
region by a rival, hostile power or coalition of such powers,
thus preventing any such group from obtaining control over the
vast resources, enormous wealth, and advanced technology of the
region.
(10) Allies of the United States in the region can base
their defense planning on a reliable American security
commitment, a reduction of which could stimulate an arms buildup
in the region.
(11) The Joint Announcement of the United States-Japan
Security Consultative Committee of December 1996, acknowledged
that ``the forward presence of U.S. forces continues to be an
essential element for pursuing our common security objectives''.
(12) The United States and Japan signed the United States-
Japan Security Declaration in April 1996, in which the United
States reaffirmed its commitment to maintain this level of
100,000 United States military personnel in the region.
(13) The United States military presence is recognized by
the nations of the region as serving stability and enabling
United States engagement.
(14) The nations of East Asia and the Pacific consider the
commitment of the forces of the United States to be so vital to
their future that they scrutinize actions of the United States
for any sign of weakened commitment to the security of the
region.
(15) The reduction of forward-based military forces could
negatively affect the ability of the United States to contribute
to the maintenance of peace and stability of the Asia and
Pacific region.
(16) Recognizing that while the United States must consider
the overall capabilities of its forces in its decisions to
deploy troops, nevertheless any reduction in the number of
forward-based troops may reduce the perception of American
capability and commitment in the region that cannot be
completely offset by modernization of the remaining forces.
(17) During time of crisis, deployment of forces to East
Asia, even though such forces were previously removed from the
area, might be deemed to be an act of provocation that
[[Page 111 STAT. 1941]]
could be used as a pretext by a hostile power for armed
aggression within the region, and the existence of that
possibility might hinder such a deployment.
(18) Proposals to reduce the forward presence of the United
States in the East Asia region or subordinate security interests
to United States domestic budgetary concerns can erode the
perception of the commitment of the United States to its
alliances and interests in the region.
(b) Sense of Congress.--It is the sense of Congress that the United
States should maintain at least approximately 100,000 United States
military personnel in the East Asia and Pacific region until such time
as there is a peaceful and permanent resolution to the major security
and political conflicts in the region.
SEC. 1226. REPORT ON FUTURE MILITARY CAPABILITIES AND
STRATEGY OF THE PEOPLE'S REPUBLIC OF CHINA.
(a) Report.--The Secretary of Defense shall prepare a report, in
both classified and unclassified form, on the pattern of military
modernization of the People's Republic of China. The report shall
address the probable course of military-technological development in the
People's Liberation Army and the development of Chinese security
strategy and military strategy, and of military organizations and
operational concepts, through 2015.
(b) Matters To Be Included.--The report shall include analyses and
forecasts of the following:
(1) The goals of Chinese security strategy and military
strategy.
(2) Trends in Chinese strategy regarding the political goals
of the People's Republic of China in the Asia-Pacific region and
its political and military presence in other regions of the
world, including Central Asia, Southwest Asia, Europe, and Latin
America.
(3) Developments in Chinese military doctrine, focusing on
(but not limited to) efforts to exploit an emerging Revolution
in Military Affairs or to conduct preemptive strikes.
(4) Efforts by the People's Republic of China to enhance its
capabilities in the area of nuclear weapons development.
(5) Efforts by the People's Republic of China to develop
long-range air-to-air or air defense missiles that would provide
the capability to target special support aircraft such as
Airborne Warning and Control System (AWACS) aircraft, Joint
Surveillance and Target Attack Radar System (JSTARS) aircraft,
or other command and control, intelligence, airborne early
warning, or electronic warfare aircraft.
(6) Efforts by the People's Republic of China to develop a
capability to conduct ``information warfare'' at the strategic,
operational, and tactical levels of war.
(7) Development by the People's Republic of China of
capabilities in the area of electronic warfare.
(8) Efforts by the People's Republic of China to develop a
capability to establish control of space or to deny access and
use of military and commercial space systems in times of crisis
or war, including programs to place weapons in space or to
develop earth-based weapons capable of attacking space-based
systems.
(9) Trends that would lead the People's Republic of China
toward the development of advanced intelligence, surveillance,
[[Page 111 STAT. 1942]]
and reconnaissance capabilities, including gaining access to
commercial or third-party systems with military significance.
(10) Efforts by the People's Republic of China to develop
highly accurate and stealthy ballistic and cruise missiles,
including sea-launched cruise missiles, particularly in numbers
sufficient to conduct attacks capable of overwhelming projected
defense capabilities in the Asia-Pacific region.
(11) Development by the People's Republic of China of
command and control networks, particularly those capable of
battle management of long-range precision strikes.
(12) Efforts by the People's Republic of China in the area
of telecommunications, including common channel signaling and
synchronous digital hierarchy technologies.
(13) Development by People's Republic of China of advanced
aerospace technologies with military applications (including gas
turbine ``hot section'' technologies).
(14) Programs of the People's Republic of China involving
unmanned aerial vehicles, particularly those with extended
ranges or loitering times or potential strike capabilities.
(15) Exploitation by the People's Republic of China for
military purposes of the Global Positioning System or other
similar systems (including commercial land surveillance
satellites), with such analysis and forecasts focusing
particularly on indications of an attempt to increase the
accuracy of weapons or situational awareness of operating
forces.
(16) Development by the People's Republic of China of
capabilities for denial of sea control, including such systems
as advanced sea mines, improved submarine capabilities, or land-
based sea-denial systems.
(17) Efforts by the People's Republic of China to develop
its anti-submarine warfare capabilities.
(18) Continued development by the People's Republic of China
of follow-on forces, particularly forces capable of rapid air or
amphibious assault.
(19) Efforts by the People's Republic of China to enhance
its capabilities in such additional areas of strategic concern
as the Secretary identifies.
(c) Analysis of Implications of Sales of Products and Technologies
to Entities in China.--The report under subsection (a) shall include,
with respect to each area for analyses and forecasts specified in
subsection (b)--
(1) an assessment of the military effects of sales of United
States and foreign products and technologies to entities in the
People's Republic of China; and
(2) the potential threat of developments related to such
effects to United States strategic interests.
(d) Submission of Report.--The report shall be submitted to Congress
not later than March 15, 1998.
SEC. 1227. SENSE OF CONGRESS ON NEED FOR RUSSIAN OPENNESS ON THE
YAMANTAU MOUNTAIN PROJECT.
(a) Findings.--Congress finds as follows:
(1) The United States and Russia have been working since the
end of the Cold War to achieve a strategic relationship based on
cooperation and openness between the two nations.
(2) This effort to establish a new strategic relationship
between the two nations has resulted in the conclusion or
[[Page 111 STAT. 1943]]
agreement in principle on a number of far-reaching agreements,
including START I, II, and III, a revision in the Conventional
Forces in Europe Treaty, and a series of other agreements (such
as the Comprehensive Test Ban Treaty and the Chemical Weapons
Convention), designed to further reduce bilateral threats and
limit the proliferation of weapons of mass destruction.
(3) These far-reaching agreements were based on the
understanding between the United States and Russia that there
would be a good faith effort on both sides to comply with the
letter and spirit of the agreements.
(4) Reports indicate that Russia has been pursuing
construction of a massive underground facility of unknown
purpose at Yamantau Mountain and the city of Mezhgorye (formerly
the settlements of Beloretsk-15 and Beloretsk-16) that is
designed to survive a nuclear war and appears to exceed
reasonable defense requirements.
(5) The Yamantau Mountain project does not appear to be
consistent with the lowering of strategic threats, openness, and
cooperation that is the basis of the post-Cold War strategic
partnership between the United States and Russia.
(6) The United States has allowed senior Russian military
and government officials to have access to key strategic
facilities of the United States by providing tours of the North
American Air Defense (NORAD) command at Cheyenne Mountain and
the United States Strategic Command (STRATCOM) headquarters in
Omaha, Nebraska, among other sites, and by providing extensive
briefings on the operations of those facilities.
(b) Sense of Congress.--It is the sense of Congress that the Russian
government--
(1) should provide to the United States Government a written
explanation with sufficient detail (including drawings and
diagrams) of the purpose and operational concept of the
completed and planned facilities at Yamantau Mountain to support
a high confidence judgment by the United States that the design
of the Yamantau facility is consistent with official Russian
government explanations; and
(2) should allow a United States delegation, to include
officials of the executive branch and Members of Congress, to
have access to the Yamantau Mountain project and buildings and
facilities surrounding the project.
SEC. 1228. ASSESSMENT OF THE CUBAN THREAT TO UNITED STATES NATIONAL
SECURITY.
(a) Findings.--Congress makes the following findings:
(1) Cuba has maintained a hostile policy in its relations
with the United States for over 35 years.
(2) The United States, as a sovereign nation, must be able
to respond to any Cuban provocation and defend the people and
territory of the United States against any attack.
(3) In 1994, the Government of Cuba callously encouraged a
massive exodus of Cubans, by boat and raft, toward the United
States during which countless numbers of those Cubans lost their
lives on the high seas.
(4) The humanitarian response of the United States to
rescue, shelter, and provide emergency care to those Cubans,
[[Page 111 STAT. 1944]]
together with the actions taken to absorb some 30,000 of those
Cubans into the United States, required significant efforts and
the expenditure of hundreds of millions of dollars for the costs
incurred by the United States and State and local governments in
connection with those efforts.
(5) On February 24, 1996, Cuban MiG aircraft attacked and
destroyed, in international airspace, two unarmed civilian
aircraft flying from the United States, and the four persons in
those unarmed civilian aircraft were killed.
(6) Since that attack, the Cuban government has issued no
apology for the attack, nor has it indicated any intention to
conform its conduct to international law that is applicable to
civilian aircraft operating in international airspace.
(b) Review and Assessment.--The Secretary of Defense shall carry out
a comprehensive review and assessment of--
(1) Cuban military capabilities; and
(2) the threats to the national security of the United
States that may be posed by Cuba, including--
(A) such unconventional threats as (i) encouragement
of massive and dangerous migration, and (ii) attacks on
citizens and residents of the United States while they
are engaged in peaceful protest in international waters
or airspace;
(B) the potential for development and delivery of
chemical or biological weapons; and
(C) the potential for internal strife in Cuba that
could involve citizens or residents of the United States
or the Armed Forces of the United States.
(c) Report.--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 review and assessment. The report shall include the following:
(1) The Secretary's assessment of the capabilities and
threats referred to in subsection (b), including each of the
threats described in paragraph (2) of that subsection.
(2) A discussion of the results of the review and
assessment, including an assessment of the contingency plans
developed by the Secretary to counter any threat posed by Cuba
to the United States.
(d) Consultation on Review and Assessment.--In performing the review
and assessment and in preparing the report, the Secretary of Defense
shall consult with the Chairman of the Joint Chiefs of Staff, the
commander of the United States Southern Command, and the heads of other
appropriate departments and agencies of the United States.
SEC. 1229. REPORT ON HELSINKI JOINT STATEMENT.
<<NOTE: President.>> (a) Requirement.--Not later than March 31,
1998, the President 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 Helsinki Joint Statement on future
reductions in nuclear forces. The report shall address the United States
approach (including verification implications) to implementing the
Helsinki Joint Statement, in particular, as that Statement relates to
the following:
(1) Lower aggregate levels of strategic nuclear warheads.
[[Page 111 STAT. 1945]]
(2) Measures relating to the transparency of strategic
nuclear warhead inventories and the destruction of strategic
nuclear warheads.
(3) Deactivation of strategic nuclear delivery vehicles.
(4) Measures relating to nuclear long-range sea-launched
cruise missiles and tactical nuclear systems.
(5) Issues related to transparency in nuclear materials.
(b) Definition.--For purposes of this section, the term ``Helsinki
Joint Statement'' means the agreements between the President of the
United States and the President of the Russian Federation as contained
in the Joint Statement on Parameters on Future Reductions in Nuclear
Forces issued at Helsinki in March 1997.
SEC. 1230. COMMENDATION OF MEXICO ON FREE AND FAIR ELECTIONS.
(a) Findings.--Congress makes the following findings:
(1) On July 6, 1997, elections were conducted in Mexico in
order to fill 500 seats in the Chamber of Deputies, 32 seats in
the 128 seat Senate, the office of the Mayor of Mexico City, and
local elections in a number of Mexican States.
(2) For the first time, the federal elections were organized
by the Federal Electoral Institute, an autonomous and
independent organization established under the Mexican
Constitution.
(3) More than 52,000,000 Mexican citizens registered to
vote.
(4) Eight political parties registered to participate in
those elections, including the Institutional Revolutionary Party
(PRI), the National Action Party (PAN), and the Democratic
Revolutionary Party (PRD).
(5) Since 1993, Mexican citizens have had the exclusive
right to participate as observers in activities related to the
preparation and the conduct of elections.
(6) Since 1994, Mexican law has permitted international
observers to be a part of the election process.
(7) With 84 percent of the ballots counted, PRI candidates
received 38 percent of the vote for seats in the Chamber of
Deputies, while PRD and PAN candidates received 52 percent of
the combined vote.
(8) PRD candidate Cuauhtemoc Cardenas Solorzano has become
the first elected Mayor of Mexico City, a post previously
appointed by the President.
(9) PAN members will now serve as governors in seven of
Mexico's 31 States.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the recent elections in Mexico were conducted in a free,
fair, and impartial manner;
(2) the will of the Mexican people, as expressed through the
ballot box, has been respected by President Ernesto Zedillo and
officials throughout his administration; and
(3) President Zedillo, the Mexican Government, the Federal
Electoral Institute of Mexico, the political parties and
candidates, and most importantly the citizens of Mexico should
all be congratulated for their support and participation in
these very historic elections.
SEC. 1231. SENSE OF CONGRESS REGARDING CAMBODIA.
(a) Findings.--Congress makes the following findings:
[[Page 111 STAT. 1946]]
(1) During the 1970s and 1980s, Cambodia was wracked by
political conflict, war, and violence, including genocide
perpetrated by the Khmer Rouge from 1975 to 1979.
(2) The 1991 Paris Agreements on a Comprehensive Political
Settlement of the Cambodia Conflict set the stage for a process
of political accommodation and national reconciliation among
Cambodia's warring parties.
(3) The international community engaged in a massive effort
involving more than $2,000,000,000 to ensure peace, democracy,
and prosperity in Cambodia following the Paris Accords.
(4) The Cambodian people clearly demonstrated their support
for democracy when 90 percent of eligible Cambodian voters
participated in United Nations-sponsored elections in 1993.
(5) Since the 1993 elections, Cambodia has made economic
progress, as shown by the recent decision of the Association of
Southeast Asian Nations (ASEAN) to extend membership in the
Association to Cambodia.
(6) Tensions within the ruling Cambodian coalition have
erupted into violence.
(7) In March 1997, 19 Cambodians were killed and more than
100 were wounded in a grenade attack on political demonstrators
supportive of the Funcinpec and the Khmer Nation Party.
(8) During June 1997, fighting erupted in Phnom Penh between
forces loyal to First Prime Minister Prince Ranariddh and Second
Prime Minister Hun Sen.
(9) On July 5, 1997, Second Prime Minister Hun Sen deposed
the First Prime Minister in a violent coup d'etat.
(10) Forces loyal to Hun Sen have executed former Interior
Minister Ho Sok and approximately 40 other political opponents
loyal to Prince Ranariddh.
(11) Democracy and stability in Cambodia are threatened by
the continued use of violence and other extralegal means to
resolve political tensions.
(12) In response to the July 1997 coup in Cambodia referred
to in paragraph (9)--
(A) the <<NOTE: President.>> President has
suspended all direct assistance to the Cambodian
Government; and
(B) the Association of Southeast Asian Nations
(ASEAN) has decided to delay indefinitely admission of
Cambodia to membership in the Association.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the parties in Cambodia should immediately cease the use
of violence;
(2) the United States should take all necessary steps to
ensure the safety of United States citizens in Cambodia;
(3) the United States should call an emergency meeting of
the United Nations Security Council to consider all options to
restore peace and democratic governance in Cambodia;
(4) the United States and the Association of Southeast Asian
Nations should work together to take immediate steps to restore
democracy and the rule of law in Cambodia;
(5) United States assistance to the Government of Cambodia
should remain suspended until violence ends, the democratically
elected Government is restored to power, and the
[[Page 111 STAT. 1947]]
necessary steps have been taken to ensure that the elections
scheduled for 1998 take place; and
(6) the United States should take all necessary steps to
encourage other donor nations to suspend assistance as part of a
multilateral effort.
SEC. 1232. CONGRATULATING GOVERNOR CHRISTOPHER PATTEN OF HONG KONG.
(a) Findings.--Congress makes the following findings:
(1) His Excellency Christopher F. Patten, the former
Governor of Hong Kong, was the twenty-eighth and last British
Governor of the dependent territory of Hong Kong before that
territory reverted back to the People's Republic of China on
July 1, 1997.
(2) Christopher Patten was a superb administrator and an
inspiration to the people whom he governed.
(3) During Christopher Patten's five years as Governor of
Hong Kong, the economy flourished under his stewardship, growing
by more than 30 percent in real terms.
(4) Christopher Patten presided over a capable and honest
civil service.
(5) During the tenure of Christopher Patten as Governor of
Hong Kong, common crime declined and the political climate was
positive and stable.
(6) The legacy of Christopher Patten to Hong Kong is the
expansion of democracy in Hong Kong's legislative council and a
tireless devotion to the rights, freedoms, and welfare of the
people of Hong Kong.
(7) Christopher Patten fulfilled the commitment of the
British Government to ``put in place a solidly based democratic
administration'' in Hong Kong before July 1, 1997.
(b) Sense of Congress.--It is the sense of the Congress that
Christopher F. Patten, the last British Governor of the dependent
territory of Hong Kong--
(1) served his country with great honor and distinction in
that capacity; and
(2) deserves special thanks and recognition from the United
States for his tireless efforts to develop and nurture democracy
in Hong Kong.
TITLE XIII--ARMS CONTROL AND RELATED MATTERS
Sec. 1301. Presidential report concerning detargeting of Russian
strategic missiles.
Sec. 1302. Limitation on retirement or dismantlement of strategic
nuclear delivery systems.
Sec. 1303. Assistance for facilities subject to inspection under the
Chemical
Weapons Convention.
Sec. 1304. Transfers of authorizations for high-priority
counterproliferation
programs.
Sec. 1305. Advice to the President and Congress regarding the safety,
security, and reliability of United States nuclear weapons
stockpile.
Sec. 1306. Reconstitution of commission to assess the ballistic missile
threat to the United States.
Sec. 1307. Sense of Congress regarding the relationship between United
States
obligations under the Chemical Weapons Convention and
environmental laws.
Sec. 1308. Extension of counterproliferation authorities for support of
United
Nations Special Commission on Iraq.
[[Page 111 STAT. 1948]]
Sec. 1309. Annual report on moratorium on use by Armed Forces of
antipersonnel landmines.
SEC. 1301. PRESIDENTIAL REPORT CONCERNING DETARGETING OF RUSSIAN
STRATEGIC MISSILES.
(a) Required Report.--Not later than January 1, 1998, the President
shall submit to Congress a report concerning detargeting of Russian
strategic missiles. The report shall address each of the following:
(1) Whether a Russian ICBM that was formerly, but is no
longer, targeted at a site in the United States would be
automatically retargeted at a site in the United States in the
event of the accidental launch of the missile.
(2) Whether missile detargeting would prevent or
significantly reduce the possibility of an unauthorized missile
launch carried out by the Russian General Staff and prevent or
significantly reduce the consequences to the United States of
such a launch.
(3) Whether missile detargeting would pose a significant
obstacle to an unauthorized launch carried out by an operational
level below the Russian General Staff if missile operators at
such an operational level acquired missile launch codes or had
the technical expertise to override missile launch codes.
(4) The plausibility of an accidental launch of a Russian
ICBM, compared to the possibility of a deliberate missile
launch, authorized or unauthorized, resulting from Russian
miscalculation, overreaction, or aggression.
(5) The national security benefits derived from detargeting
United States and Russian ICBMs.
(6) The relative consequences to the United States of an
unauthorized or accidental launch of a Russian ICBM that has
been detargeted and one that has not been detargeted.
(b) Definitions.--For purposes of subsection (a):
(1) The term ``Russian ICBM'' means an intercontinental
ballistic missile of the Russian Federation.
(2) The term ``accidental launch'' means a missile launch
resulting from mechanical failure.
SEC. 1302. 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 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
[[Page 111 STAT. 1949]]
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 and subsection (d), 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 <<NOTE: Reports.>> this subsection shall include
the following:
(A) The text of any understanding or agreement between the
United States and the Russian Federation concerning substantial
early deactivation of strategic nuclear delivery systems under
the START II Treaty.
(B) The plan of the Department of Defense for implementing
the agreement.
(C) An assessment of the Secretary of Defense of the
adequacy of the provisions contained in the agreement for
monitoring and verifying compliance of Russia with the terms of
the agreement and, based upon that assessment, the determination
of the President specifically as to whether the procedures for
monitoring and verification of compliance by Russia with the
terms of the agreement are adequate or inadequate.
(D) A <<NOTE: President.>> 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 and whether the agreement will require early
deactivations of strategic forces by the United States to be
carried out substantially more rapidly than deactivations of
strategic forces by Russia.
(E) An assessment <<NOTE: President.>> 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,
including a determination by the President specifically as to
whether the proposed early deactivations will adversely affect
strategic stability.
(d) Further Limitation on Strategic Force Reductions.--(1) Amounts
available to the Department of Defense for fiscal year 1998 to implement
an agreement that results in a substantial early deactivation during
fiscal year 1998 of strategic forces may not be obligated for that
purpose if in the report under subsection (c)(3) the President
determines any of the following:
(A) That procedures for monitoring and verification of
compliance by Russia with the terms of the agreement are
inadequate.
(B) That the agreement will require early deactivations of
strategic forces by the United States to be carried out
substantially more rapidly than deactivations of strategic
forces by Russia.
(C) That the proposed early deactivations will adversely
affect strategic stability.
(2) The limitation in paragraph (1), if effective by reason of a
determination by the President described in paragraph (1)(B),
[[Page 111 STAT. 1950]]
shall cease to apply 30 days after the date on which the President
notifies Congress that the early deactivations under the agreement are
in the national interest of the United States.
(e) Contingency Plan for Sustainment of Systems.--(1) Not later then
February 15, 1998, the Secretary of Defense shall submit to Congress 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.
(f) 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'').
[[Page 111 STAT. 1951]]
SEC. 1303. <<NOTE: 50 USC 1525.>> ASSISTANCE FOR FACILITIES SUBJECT TO
INSPECTION UNDER THE CHEMICAL WEAPONS CONVENTION.
(a) Assistance Authorized.--Upon the request of the owner or
operator of a facility that is subject to a routine inspection or a
challenge inspection under the Chemical Weapons Convention, the
Secretary of Defense may provide technical assistance to that owner or
operator related to compliance of that facility with the Convention. Any
such assistance shall be provided through the On-Site Inspection Agency
of the Department of Defense.
(b) Reimbursement Requirement.--The Secretary may provide assistance
under subsection (a) only to the extent that the Secretary determines
that the Department of Defense will be reimbursed for costs incurred in
providing the assistance. The United States National Authority may
provide such reimbursement from amounts available to it. Any such
reimbursement shall be credited to amounts available for the On-Site
Inspection Agency.
(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, ratified by the United States on April
25, 1997, and entered into force on April 29, 1997.
(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 Convention.
SEC. 1304. TRANSFERS OF AUTHORIZATIONS FOR HIGH-PRIORITY
COUNTERPROLIFERATION PROGRAMS.
(a) Authority.--(1) Subject to paragraph (2), the Secretary of
Defense may transfer amounts of authorizations made available to the
Department of Defense in this division for fiscal year 1998 to any
counterproliferation program, project, or activity described in
subsection (b).
(2) A transfer of authorizations may be made under this section only
upon determination by the Secretary of Defense that such action is
necessary in the national interest.
(3) Amounts of authorizations so transferred shall be merged with
and be available for the same purposes as the authorization to which
transferred.
(b) Programs To Which Tranfers May Be Made.--The authority under
subsection (a) applies to any counterproliferation program, project, or
activity of the Department of Defense identified as an area for progress
in the most recent annual report of 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).
(c) Limitation on Total Amount.--The total amount of authorizations
transferred under the authority of this section may not exceed
$50,000,000.
[[Page 111 STAT. 1952]]
(d) Other Limitations and Requirements.--The provisions of
subsection (b), (c), and (d) of section 1001 shall apply to a transfer
under this section in the same manner as they apply to a transfer under
subsection (a) of that section.
(e) Construction With General Transfer Authority.--The authority
provided by this section is in addition to the transfer authority
provided in section 1001.
SEC. 1305. <<NOTE: 42 USC 7274p.>> ADVICE TO THE PRESIDENT AND CONGRESS
REGARDING THE SAFETY, SECURITY, AND RELIABILITY OF UNITED
STATES NUCLEAR WEAPONS STOCKPILE.
(a) Findings.--Congress makes the following findings:
(1) Nuclear weapons are the most destructive weapons on
earth. The United States and its allies continue to rely on
nuclear weapons to deter potential adversaries from using
weapons of mass destruction. The safety and reliability of the
nuclear weapons stockpile are essential to ensure its
credibility as a deterrent.
(2) On September 24, 1996, President Clinton signed the
Comprehensive Test Ban Treaty.
(3) Effective as of September 30, 1996, the United States is
prohibited by section 507 of the Energy and Water Development
Appropriations Act, 1993 (Public Law 102-377; 42 U.S.C. 2121
note) from conducting underground nuclear tests ``unless a
foreign state conducts a nuclear test after this date, at which
time the prohibition on United States nuclear testing is
lifted''.
(4) Section 1436(b) of the National Defense Authorization
Act, Fiscal Year 1989 (Public Law 100-456; 42 U.S.C. 2121 note)
requires the Secretary of Energy to ``establish and support a
program to assure that the United States is in a position to
maintain the reliability, safety, and continued deterrent effect
of its stockpile of existing nuclear weapons designs in the
event that a low-threshold or comprehensive test ban on nuclear
explosive testing is negotiated and ratified.''.
(5) Section 3138(d) of the National Defense Authorization
Act for Fiscal Year 1994 (Public Law 103-160; 42 U.S.C. 2121
note) required the President to submit an annual report to
Congress which sets forth ``any concerns with respect to the
safety, security, effectiveness, or reliability of existing
United States nuclear weapons raised by the Stockpile
Stewardship Program of the Department of Energy''.
(6) President Clinton declared in July 1993 that ``to assure
that our nuclear deterrent remains unquestioned under a test
ban, we will explore other means of maintaining our confidence
in the safety, reliability, and the performance of our
weapons''. This decision was incorporated in a Presidential
Directive.
(7) Section 3138 of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 42 U.S.C. 2121 note)
also requires that the Secretary of Energy establish a
``stewardship program to ensure the preservation of the core
intellectual and technical competencies of the United States in
nuclear weapons''.
(8) The plan of the Department of Energy to maintain the
safety and reliability of the United States nuclear weapons
stockpile is known as the Stockpile Stewardship and Management
Program. The ability of the United States to maintain and
certify the safety, security, effectiveness, and reliability
[[Page 111 STAT. 1953]]
of the nuclear weapons stockpile without testing will require
utilization of new and sophisticated computational capabilities
and diagnostic technologies, methods, and procedures. Current
diagnostic technologies and laboratory testing techniques are
insufficient to certify the safety and reliability of the United
States nuclear weapons stockpile into the future. Whereas in the
past laboratory and diagnostic tools were used in conjunction
with nuclear testing, in the future they will provide, under the
Department of Energy's stockpile stewardship plan, the sole
basis for assessing past test data and for making judgments on
phenomena observed in connection with the aging of the
stockpile.
(9) Section 3159 of the National Defense Authorization Act
for Fiscal Year 1997 (Public Law 104-201; 42 U.S.C. 7274o)
requires that the directors of the nuclear weapons laboratories
and the nuclear weapons production plants submit a report to the
Assistant Secretary of Energy for Defense Programs if they
identify a problem that has significant bearing on confidence in
the safety or reliability of a nuclear weapon or nuclear weapon
type, that the Assistant Secretary must transmit that report,
along with any comments, to the congressional defense committees
and to the Secretary of Energy and the Secretary of Defense, and
that the Joint Nuclear Weapons Council advise Congress regarding
its analysis of any such problems.
(10) On August 11, 1995, President Clinton directed ``the
establishment of a new annual reporting and certification
requirement [to] ensure that our nuclear weapons remain safe and
reliable under a comprehensive test ban''.
(11) On the same day, the President noted that the Secretary
of Defense and the Secretary of Energy have the responsibility,
after being ``advised by the Nuclear Weapons Council, the
Directors of DOE's nuclear weapons laboratories, and the
Commander of United States Strategic Command'', to provide the
President with the information regarding the certification
referred to in paragraph (10).
(12) The Joint Nuclear Weapons Council established by
section 179 of title 10, United States Code, is responsible for
providing advice to the Secretary of Energy and the Secretary of
Defense regarding nuclear weapons issues, including
``considering safety, security, and control issues for existing
weapons''. The Council plays a critical role in advising
Congress in matters relating to nuclear weapons.
(13) It is essential that the President receive well-
informed, objective, and honest opinions, including dissenting
views, from his advisers and technical experts regarding the
safety, security, effectiveness, and reliability of the nuclear
weapons stockpile.
(b) Policy.--
(1) In general.--It is the policy of the United States--
(A) to maintain a safe, secure, effective, and
reliable nuclear weapons stockpile; and
(B) as long as other nations control or actively
seek to acquire nuclear weapons, to retain a credible
nuclear deterrent.
(2) Nuclear weapons stockpile.--It is in the security
interest of the United States to sustain the United States
[[Page 111 STAT. 1954]]
nuclear weapons stockpile through a program of stockpile
stewardship, carried out at the nuclear weapons laboratories and
nuclear weapons production plants.
(3) Sense of congress.--It is the sense of Congress that--
(A) the United States should retain a triad of
strategic nuclear forces sufficient to deter any future
hostile foreign leadership with access to strategic
nuclear forces from acting against the vital interests
of the United States;
(B) the United States should continue to maintain
nuclear forces of sufficient size and capability to
implement an effective and robust deterrent strategy;
and
(C) the advice of the persons required to provide
the President and Congress with assurances of the
safety, security, effectiveness, and reliability of the
nuclear weapons force should be scientifically based,
without regard for politics, and of the highest quality
and integrity.
(c) Addition of President to Recipients of Reports by Heads of
Laboratories and Plants.--Section 3159(b) of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 42 U.S.C.
7274o) is amended--
(1) by striking out ``committees and'' and inserting in lieu
thereof ``committees,''; and
(2) by inserting before the period at the end the following:
``, and to the President''.
(d) Ten-Day Time Limit for Transmittal of Report.--Section 3159(b)
of the National Defense Authorization Act for Fiscal Year 1997 (Public
Law 104-201; 42 U.S.C. 7274o) is amended by striking out ``As soon as
practicable'' and inserting in lieu thereof ``Not later than 10 days''.
(e) Advice and Opinions Regarding Nuclear Weapons Stockpile.--In
addition to a director of a nuclear weapons laboratory or a nuclear
weapons production plant (under section 3159 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 42 U.S.C.
7274o)), any member of the Joint Nuclear Weapons Council or the
commander of the United States Strategic Command may also submit to the
President, the Secretary of Defense, the Secretary of Energy, or the
congressional defense committees advice or opinion regarding the safety,
security, effectiveness, and reliability of the nuclear weapons
stockpile.
(f) Expression of Individual Views.--A representative of the
President may not take any action against, or otherwise constrain, a
director of a nuclear weapons laboratory or a nuclear weapons production
plant, a member of the Joint Nuclear Weapons Council, or the Commander
of United States Strategic Command for presenting individual views to
the President, the National Security Council, or Congress regarding the
safety, security, effectiveness, and reliability of the nuclear weapons
stockpile.
(g) Definitions.--In this section:
(1) The term ``representative of the President'' means the
following:
(A) Any official of the Department of Defense or the
Department of Energy who is appointed by the President
and confirmed by the Senate.
(B) Any member of the National Security Council.
(C) Any member of the Joint Chiefs of Staff.
(D) Any official of the Office of Management and
Budget.
[[Page 111 STAT. 1955]]
(2) The term ``nuclear weapons laboratory'' means any of the
following:
(A) Lawrence Livermore National Laboratory,
California.
(B) Los Alamos National Laboratory, New Mexico.
(C) Sandia National Laboratories.
(3) The term ``nuclear weapons production plant'' means any
of the following:
(A) The Pantex Plant, Texas.
(B) The Savannah River Site, South Carolina.
(C) The Kansas City Plant, Missouri.
(D) The Y-12 Plant, Oak Ridge, Tennessee.
SEC. 1306. RECONSTITUTION OF COMMISSION TO ASSESS THE BALLISTIC MISSILE
THREAT TO THE UNITED STATES.
(a) Initial Organization Requirements.--Section 1321(g) of the
National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-
201; 110 Stat. 2712) is amended--
(1) in paragraph (1), by striking out ``not later than 45
days after the date of the enactment of this Act'' and inserting
in lieu thereof ``not later than 30 days after the date of the
enactment of the National Defense Authorization Act for Fiscal
Year 1998''; and
(2) in paragraph (2)--
(A) by striking out ``30 days'' and inserting in
lieu thereof ``60 days''; and
(B) by striking out ``, but not earlier than October
15, 1996''.
(b) Funding.--Section 1328 of such Act (110 Stat. 2714) is amended
by inserting ``and fiscal year 1998'' after ``for fiscal year 1997''.
SEC. 1307. SENSE OF CONGRESS REGARDING THE RELATIONSHIP BETWEEN UNITED
STATES OBLIGATIONS UNDER THE CHEMICAL WEAPONS CONVENTION AND
ENVIRONMENTAL LAWS.
(a) Findings.--Congress makes the following findings:
(1) The Chemical Weapons Convention requires the destruction
of the United States stockpile of lethal chemical agents and
munitions by April 29, 2007 (not later than 10 years after the
Convention's entry into force).
(2) The President has substantial authority under existing
law to ensure that--
(A) the technologies necessary to destroy the
stockpile are developed;
(B) the facilities necessary to destroy the
stockpile are constructed; and
(C) 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.
(3) The Comptroller General has concluded (in GAO Report
NSIAD 97018 of February 1997) that--
(A) obtaining the necessary Federal and State
permits that are required under Federal environmental
laws and regulations for building and operating the
chemical agents and munitions destruction facilities is
among the most unpredictable factors in the chemical
demilitarization program; and
[[Page 111 STAT. 1956]]
(B) program cost and schedule are largely driven by
the degree to which States and local communities are in
agreement with proposed disposal methods and whether
those methods meet environmental concerns.
(b) Sense of Congress.--It is the sense of Congress that the
President--
(1) should use the authority of 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 obligations of the United States
under the Convention, should encourage negotiations between
appropriate Federal officials and officials of the State and
local governments concerned to attempt to meet their concerns
regarding compliance with Federal and State environmental laws
and regulations and other concerns about the actions being taken
to carry out those obligations.
(c) Chemical Weapons Convention Defined.--For the purposes of 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,
ratified by the United States on April 25, 1997, and entered into force
on April 29, 1997.
SEC. 1308. EXTENSION OF COUNTERPROLIFERATION AUTHORITIES FOR SUPPORT OF
UNITED NATIONS SPECIAL COMMISSION ON IRAQ.
Section 1505 of the Weapons of Mass Destruction Control Act of 1992
(title XV of Public Law 102-484; 22 U.S.C. 5859a) is amended--
(1) in subsection (d)(3), by striking out ``or'' after
``fiscal year 1996,'' and by inserting ``, or $15,000,000 for
fiscal year 1998'' before the period at the end; and
(2) in subsection (f), by striking out ``1997'' and
inserting in lieu thereof ``1998''.
SEC. 1309. <<NOTE: 10 USC 113 note.>> ANNUAL REPORT ON MORATORIUM ON
USE BY ARMED FORCES OF ANTIPERSONNEL LANDMINES.
(a) Findings.--Congress makes the following findings:
(1) The United States has stated its support for a ban on
antipersonnel landmines that is global in scope and verifiable.
(2) On <<NOTE: Korea.>> May 16, 1996, the President
announced that the United States, as a matter of policy, would
eliminate its stockpile of non-self-destructing antipersonnel
landmines, except those used for training purposes and in Korea,
and that the United States would reserve the right to use self-
destructing antipersonnel landmines in the event of conflict.
(3) On May 16, 1996, the President also announced that the
United States would lead an effort to negotiate an international
treaty permanently banning the use of all antipersonnel
landmines.
(4) The United States is currently participating at the
United Nations Conference on Disarmament in negotiations aimed
at achieving a global ban on the use of antipersonnel landmines.
[[Page 111 STAT. 1957]]
(5) On August 18, 1997, the <<NOTE: Canada.>>
administration agreed to participate in international
negotiations sponsored by Canada (the so-called ``Ottawa
process'') designed to achieve a treaty that would outlaw the
production, use, and sale of antipersonnel landmines.
(6) On <<NOTE: Norway.>> September 17, 1997, the President
announced that the United States would not sign the
antipersonnel landmine treaty concluded in Oslo, Norway, by
participants in the Ottawa process because the treaty would not
provide a geographic exception to allow the United States to
stockpile and use antipersonnel landmines in Korea or an
exemption that would preserve the ability of the United States
to use mixed antitank mine systems which could be used to deter
an armored assault against United States forces.
(7) The <<NOTE: Korea.>> President also announced a change
in United States policy whereby the United States--
(A) would no longer deploy antipersonnel landmines,
including self-destructing antipersonnel landmines, by
2003, except in Korea;
(B) would seek to field alternatives by that date,
or by 2006 in the case of Korea;
(C) would undertake a new initiative in the United
Nations Conference on Disarmament to establish a global
ban on the transfer of antipersonnel landmines; and
(D) would increase its current humanitarian demining
activities around the world.
(8) The President's decision would allow the continued use
by United States forces of self-destructing antipersonnel
landmines that are used as part of a mixed antitank mine system.
(9) Under existing law (as provided in section 580 of Public
Law 104-107; 110 Stat. 751), on February 12, 1999, the United
States will implement a one-year moratorium on the use of
antipersonnel landmines by United States forces except along
internationally recognized national borders or in demilitarized
zones within a perimeter marked area that is monitored by
military personnel and protected by adequate means to ensure the
exclusion of civilians.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States should not implement a moratorium on
the use of antipersonnel landmines by United States Armed Forces
in a manner that would endanger United States personnel or
undermine the military effectiveness of United States Armed
Forces in executing their missions; and
(2) the United States should pursue the development of
alternatives to self-destructing antipersonnel landmines.
(c) Annual Report.--Not later than December 31 each year, the
Secretary of Defense shall submit to the congressional defense
committees a report concerning antipersonnel landmines. Each such report
shall include the Secretary's description of the following:
(1) The military utility of the continued deployment and use
by the United States of antipersonnel landmines.
(2) The effect of a moratorium on the production,
stockpiling, and use of antipersonnel landmines on the ability
of United States forces to deter and defend against attack on
land by hostile forces, including on the Korean peninsula.
(3) Progress in developing and fielding systems that are
effective substitutes for antipersonnel landmines, including an
[[Page 111 STAT. 1958]]
identification and description of the types of systems that are
being developed and fielded, the costs associated with those
systems, and the estimated timetable for developing and fielding
those systems.
(4) The effect of a moratorium on the use of antipersonnel
landmines on the military effectiveness of current antitank mine
systems.
(5) The number and type of pure antipersonnel landmines that
remain in the United States inventory and that are subject to
elimination under the President's September 17, 1997,
declaration on United States antipersonnel landmine policy.
(6) The number and type of mixed antitank mine systems that
are in the United States inventory, the locations where they are
deployed, and their effect on the deterrence and warfighting
ability of United States Armed Forces.
(7) The effect of the elimination of pure antipersonnel
landmines on the warfighting effectiveness of the United States
Armed Forces.
(8) The costs already incurred and anticipated of
eliminating antipersonnel landmines from the United States
inventory in accordance with the policy enunciated by the
President on September 17, 1997.
(9) The benefits that would result to United States military
and civilian personnel from an international treaty banning the
production, use, transfer, and stockpiling of antipersonnel
landmines.
TITLE XIV--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
UNION
Sec. 1401. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1402. Funding allocations.
Sec. 1403. Prohibition on use of funds for specified purposes.
Sec. 1404. Limitation on use of funds for projects related to START II
Treaty until submission of certification.
Sec. 1405. Limitation on use of funds for chemical weapons destruction
facility.
Sec. 1406. Limitation on use of funds for destruction of chemical
weapons.
Sec. 1407. Limitation on use of funds for storage facility for Russian
fissile
material.
Sec. 1408. Limitation on use of funds for weapons storage security.
Sec. 1409. Report on issues regarding payment of taxes, duties, and
other
assessments on assistance provided to Russia under
Cooperative Threat Reduction programs.
Sec. 1410. Availability of funds.
SEC. 1401. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
FUNDS.
(a) Specification of CTR Programs.--For purposes of section 301 and
other provisions of this Act, Cooperative Threat Reduction programs are
the programs specified in section 1501(b) of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat.
2731; 50 U.S.C. 2362 note).
(b) Fiscal Year 1998 Cooperative Threat Reduction Funds Defined.--As
used in this title, the term ``fiscal year 1998 Cooperative Threat
Reduction funds'' means the funds appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative Threat
Reduction programs.
[[Page 111 STAT. 1959]]
SEC. 1402. FUNDING ALLOCATIONS.
(a) In General.--Of the fiscal year 1998 Cooperative Threat
Reduction funds, not more than the following amounts may be obligated
for the purposes specified:
(1) For strategic offensive arms elimination in Russia,
$77,900,000.
(2) For strategic nuclear arms elimination in Ukraine,
$76,700,000.
(3) For fissile material containers in Russia, $7,000,000.
(4) For planning and design of a chemical weapons
destruction facility in Russia, $35,400,000.
(5) For dismantlement of biological and chemical weapons
facilities in the former Soviet Union, $20,000,000.
(6) For planning, design, and construction of a storage
facility for Russian fissile material, $57,700,000.
(7) For weapons storage security in Russia, $36,000,000.
(8) For development of a cooperative program with the
Government of Russia to eliminate the production of weapons
grade plutonium at Russian reactors, $41,000,000.
(9) For activities designated as Defense and Military-to-
Military Contacts in Russia, Ukraine, and Kazakhstan,
$8,000,000.
(10) For military-to-military programs of the United States
that focus on countering the threat of proliferation of weapons
of mass destruction and that include the security forces of the
independent states of the former Soviet Union other than Russia,
Ukraine, Belarus, and Kazakstan, $2,000,000.
(11) For activities designated as Other Assessments/
Administrative Support $20,500,000.
(b) Limited Authority To Vary Individual Amounts.--(1) If the
Secretary of Defense determines that it is necessary to do so in the
national interest, the Secretary may, subject to paragraphs (2) and (3),
obligate amounts for the purposes stated in any of the paragraphs of
subsection (a) in excess of the amount specified for those purposes in
that paragraph. However, the total amount obligated for the purposes
stated in the paragraphs in subsection (a) may not by reason of the use
of the authority provided in the preceding sentence exceed the sum of
the amounts specified in those paragraphs.
(2) An obligation for the purposes stated in any of the paragraphs
in subsection (a) in excess of the amount specified in that paragraph
may be made using the authority provided in paragraph (1) only after--
(A) the Secretary submits to Congress notification of the
intent to do so together with a complete discussion of the
justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
(3) The Secretary may not, under the authority provided in paragraph
(1), obligate amounts appropriated for the purposes stated in any of
paragraphs (3) through (11) of subsection (a) in excess of 115 percent
of the amount stated in those paragraphs.
(c) Limited Waiver of 115 Percent Cap on Obligation in Excess of
Amounts Authorized for Fiscal Years 1996 and 1997.--(1) The limitation
in subsection (b)(1) of section 1202 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat.
469), that provides that the authority
[[Page 111 STAT. 1960]]
provided in that sentence to obligate amounts specified for Cooperative
Threat Reduction purposes in excess of the amount specified for each
such purpose in subsection (a) of that section may not exceed 115
percent of the amounts specified, shall not apply with respect to
subsection (a)(1) of such section for purposes of strategic offensive
weapons elimination in Russia or the Ukraine.
(2) The limitation in subsection (b)(1) of section 1502 of the
National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-
201; 110 Stat. 2732), that provides that the authority provided in that
sentence to obligate amounts specified for Cooperative Threat Reduction
purposes in excess of the amount specified for each such purpose in
subsection (a) of that section may not exceed 115 percent of the amounts
specified, shall not apply with respect to subsections (a)(2) and (a)(3)
of such section.
SEC. 1403. PROHIBITION ON USE OF FUNDS FOR SPECIFIED PURPOSES.
(a) In General.--No fiscal year 1998 Cooperative Threat Reduction
funds, and no funds appropriated for Cooperative Threat Reduction
programs for any prior fiscal year and remaining available for
obligation, may be obligated or expended for any of the following
purposes:
(1) Conducting with Russia any peacekeeping exercise or
other peacekeeping-related activity.
(2) Provision of housing.
(3) Provision of assistance to promote environmental
restoration.
(4) Provision of assistance to promote job retraining.
(b) Limitation With Respect to Defense Conversion Assistance.--None
of the funds appropriated pursuant to this Act may be obligated or
expended for the provision of assistance to Russia or any other state of
the former Soviet Union to promote defense conversion.
SEC. 1404. LIMITATION ON USE OF FUNDS FOR PROJECTS RELATED TO START II
TREATY UNTIL SUBMISSION OF CERTIFICATION.
No fiscal year 1998 Cooperative Threat Reduction funds may be
obligated or expended for strategic offensive arms elimination projects
in Russia related to the START II Treaty (as defined in section 1302(f))
until 30 days after the date on which the Secretary of Defense submits
to Congress a certification in writing that--
(1) implementation of the projects would benefit the
national security interest of the United States; and
(2) Russia has agreed in an implementing agreement to share
the cost for the projects.
SEC. 1405. LIMITATION ON USE OF FUNDS FOR CHEMICAL WEAPONS DESTRUCTION
FACILITY.
(a) Limitation on Use of Funds Until Submission of Notifications to
Congress.--No fiscal year 1998 Cooperative Threat Reduction funds may be
obligated or expended for planning and design of a chemical weapons
destruction facility until 15 days after the date that is the later of
the following:
(1) The date on which the Secretary of Defense submits to
Congress notification of an agreement between the United States
and Russia with respect to such chemical weapons destruction
facility that includes--
[[Page 111 STAT. 1961]]
(A) an agreement providing for a limitation on the
financial contribution by the United States for the
facility;
(B) an agreement that the United States will not pay
the costs for infrastructure determined by Russia to be
necessary to support the facility; and
(C) an agreement on the location of the facility.
(2) The date on which the Secretary of Defense submits to
Congress notification that the Government of Russia has formally
approved a plan--
(A) that allows for the destruction of chemical
weapons in Russia; and
(B) that commits Russia to pay a portion of the cost
for the facility.
(b) Prohibition on Use of Funds for Facility Construction.--No
fiscal year 1998 Cooperative Threat Reduction funds authorized to be
obligated in section 1402(a)(4) for planning and design of a chemical
weapons destruction facility in Russia may be used for construction of
such facility.
SEC. 1406. LIMITATION ON USE OF FUNDS FOR DESTRUCTION OF CHEMICAL
WEAPONS.
(a) Limitation.--No funds authorized to be appropriated under this
or any other Act for fiscal year 1998 for Cooperative Threat Reduction
programs may be obligated or expended for chemical weapons destruction
activities (including activities for the planning, design, or
construction of a chemical weapons destruction facility or for the
dismantlement of an existing chemical weapons production facility) until
the President submits to Congress a written certification under
subsection (b).
(b) Presidential Certification.--A certification under this
subsection is either of the following certifications by the President:
(1) A certification that--
(A) Russia is making reasonable progress toward the
implementation of the Bilateral Destruction Agreement;
(B) the United States and Russia have made
substantial progress toward the resolution, to the
satisfaction of the United States, of outstanding
compliance issues under the Wyoming Memorandum of
Understanding and the Bilateral Destruction Agreement;
and
(C) Russia has fully and accurately declared all
information regarding its unitary and binary chemical
weapons, chemical weapons facilities, and other
facilities associated with chemical weapons.
(2) A certification that the national security interests of
the United States could be undermined by a United States policy
not to carry out chemical weapons destruction activities under
the Cooperative Threat Reduction programs for which funds are
authorized to be appropriated under this or any other Act for
fiscal year 1998.
(c) Definitions.--For the purposes of this section:
(1) The term ``Bilateral Destruction Agreement'' means the
Agreement Between the United States of America and the Union of
Soviet Socialist Republics on Destruction and Nonproduction of
Chemical Weapons and on Measures to Facilitate the Multilateral
Convention on Banning Chemical Weapons, signed on June 1, 1990.
[[Page 111 STAT. 1962]]
(2) The term ``Wyoming Memorandum of Understanding'' means
the Memorandum of Understanding Between the Government of the
United States of America and the Government of the Union of
Soviet Socialist Republics Regarding a Bilateral Verification
Experiment and Data Exchange Related to Prohibition on Chemical
Weapons, signed at Jackson Hole, Wyoming, on September 23, 1989.
SEC. 1407. LIMITATION ON USE OF FUNDS FOR STORAGE FACILITY FOR RUSSIAN
FISSILE MATERIAL.
No fiscal year 1998 Cooperative Threat Reduction funds may be
obligated or expended for planning, design, or construction of a storage
facility for Russian fissile material until 15 days after the date that
is the later of the following:
(1) The date on which the Secretary of Defense submits to
Congress notification that an implementing agreement between the
United States and Russia has been entered into that specifies
the total cost to the United States for the facility.
(2) The date on which the Secretary submits to Congress
notification that an agreement has been entered into between the
United States and Russia incorporating the principle of
transparency with respect to the use of the facility.
SEC. 1408. LIMITATION ON USE OF FUNDS FOR WEAPONS STORAGE SECURITY.
No fiscal year 1998 Cooperative Threat Reduction funds intended for
weapons storage security activities in Russia may be obligated or
expended until--
(1) the Secretary of Defense submits to Congress a report on
the status of negotiations between the United States and Russia
on audits and examinations with respect to weapons storage
security; and
(2) 15 days have elapsed following the date that the report
is submitted.
SEC. 1409. REPORT ON ISSUES REGARDING PAYMENT OF TAXES, DUTIES, AND
OTHER ASSESSMENTS ON ASSISTANCE
PROVIDED TO RUSSIA UNDER COOPERATIVE THREAT REDUCTION
PROGRAMS.
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 issues
regarding payment of taxes, duties, and other assessments on assistance
provided to Russia under Cooperative Threat Reduction programs. The
report shall include the following:
(1) A description of any disputes between the United States
and Russia with respect to payment by the United States of
taxes, duties and other assessments on assistance provided to
Russia under a Cooperative Threat Reduction program, including a
description of the nature of each dispute, the amount of payment
disputed, whether the dispute was resolved, and if the dispute
was resolved, the means by which the dispute was resolved.
(2) A description of the actions taken by the Secretary to
prevent disputes in the future between the United States and
Russia with respect to payment by the United States of taxes,
duties, and other assessments on assistance provided to Russia
under a Cooperative Threat Reduction program.
[[Page 111 STAT. 1963]]
(3) A description of any agreement between the United States
and Russia with respect to payment by the United States of
taxes, duties, or other assessments on assistance provided to
Russia under a Cooperative Threat Reduction program.
(4) Any proposals of the Secretary for actions that should
be taken to prevent disputes between the United States and
Russia with respect to payment by the United States of taxes,
duties, or other assessments on assistance provided to Russia
under a Cooperative Threat Reduction program.
SEC. 1410. AVAILABILITY OF FUNDS.
Funds appropriated pursuant to the authorization of appropriations
in section 301 for Cooperative Threat Reduction programs shall be
available for obligation for three fiscal years.
TITLE XV--FEDERAL CHARTER FOR THE AIR FORCE SERGEANTS ASSOCIATION
Sec. 1501. Recognition and grant of Federal charter.
Sec. 1502. Powers.
Sec. 1503. Purposes.
Sec. 1504. Service of process.
Sec. 1505. Membership.
Sec. 1506. Board of directors.
Sec. 1507. Officers.
Sec. 1508. Restrictions.
Sec. 1509. Liability.
Sec. 1510. Maintenance and inspection of books and records.
Sec. 1511. Audit of financial transactions.
Sec. 1512. Annual report.
Sec. 1513. Reservation of right to alter, amend, or repeal charter.
Sec. 1514. Tax-exempt status required as condition of charter.
Sec. 1515. Termination.
Sec. 1516. Definition of State.
SEC. 1501. <<NOTE: 36 USC 5801.>> RECOGNITION AND GRANT OF FEDERAL
CHARTER.
The Air Force Sergeants Association, a nonprofit corporation
organized under the laws of the District of Columbia, is recognized as
such and granted a Federal charter.
SEC. <<NOTE: 36 USC 5802.>> 1502. POWERS.
The Air Force Sergeants Association (in this title referred to as
the ``association'') shall have only those powers granted to it through
its bylaws and articles of incorporation filed in the District of
Columbia and subject to the laws of the District of Columbia.
SEC. 1503. <<NOTE: 36 USC 5803.>> PURPOSES.
The purposes of the association are those provided in its bylaws and
articles of incorporation and shall include the following:
(1) To help maintain a highly dedicated and professional
corps of enlisted personnel within the United States Air Force,
including the United States Air Force Reserve, and the Air
National Guard.
(2) To support fair and equitable legislation and Department
of the Air Force policies and to influence by lawful means
departmental plans, programs, policies, and legislative
proposals that affect enlisted personnel of the Regular Air
Force,
[[Page 111 STAT. 1964]]
the Air Force Reserve, and the Air National Guard, its retirees,
and other veterans of enlisted service in the Air Force.
(3) To actively publicize the roles of enlisted personnel in
the United States Air Force.
(4) To participate in civil and military activities, youth
programs, and fundraising campaigns that benefit the United
States Air Force.
(5) To provide for the mutual welfare of members of the
association and their families.
(6) To assist in recruiting for the United States Air Force.
(7) To assemble together for social activities.
(8) To maintain an adequate Air Force for our beloved
country.
(9) To foster among the members of the association a
devotion to fellow airmen.
(10) To serve the United States and the United States Air
Force loyally, and to do all else necessary to uphold and defend
the Constitution of the United States.
SEC. 1504. <<NOTE: 36 USC 5804.>> SERVICE OF PROCESS.
With respect to service of process, the association shall comply
with the laws of the District of Columbia and those States in which it
carries on its activities in furtherance of its corporate purposes.
SEC. <<NOTE: 36 USC 5805.>> 1505. MEMBERSHIP.
Except as provided in section 1508(g), eligibility for membership in
the association and the rights and privileges of members shall be as
provided in the bylaws and articles of incorporation of the association.
SEC. <<NOTE: 36 USC 5806.>> 1506. BOARD OF DIRECTORS.
Except as provided in section 1508(g), the composition of the board
of directors of the association and the responsibilities of the board
shall be as provided in the bylaws and articles of incorporation of the
association and in conformity with the laws of the District of Columbia.
SEC. <<NOTE: 36 USC 5807.>> 1507. OFFICERS.
Except as provided in section 1508(g), the positions of officers of
the association and the election of members to such positions shall be
as provided in the bylaws and articles of incorporation of the
association and in conformity with the laws of the District of Columbia.
SEC. <<NOTE: 36 USC 5808.>> 1508. RESTRICTIONS.
(a) Income and Compensation.--No part of the income or assets of the
association may inure to the benefit of any member, officer, or director
of the association or be distributed to any such individual during the
life of this charter. Nothing in this subsection may be construed to
prevent the payment of reasonable compensation to the officers and
employees of the association or reimbursement for actual and necessary
expenses in amounts approved by the board of directors.
(b) Loans.--The association may not make any loan to any member,
officer, director, or employee of the association.
[[Page 111 STAT. 1965]]
(c) Issuance of Stock and Payment of Dividends.--The association may
not issue any shares of stock or declare or pay any dividends.
(d) Disclaimer of Congressional or Federal Approval.--The
association may not claim the approval of the Congress or the
authorization of the Federal Government for any of its activities by
virtue of this title.
(e) Corporate Status.--The association shall maintain its status as
a corporation organized and incorporated under the laws of the District
of Columbia.
(f) Corporate Function.--The association shall function as an
educational, patriotic, civic, historical, and research organization
under the laws of the District of Columbia.
(g) Nondiscrimination.--In establishing the conditions of membership
in the association and in determining the requirements for serving on
the board of directors or as an officer of the association, the
association may not discriminate on the basis of race, color, religion,
sex, handicap, age, or national origin.
SEC. 1509. <<NOTE: 36 USC 5809.>> LIABILITY.
The association shall be liable for the acts of its officers,
directors, employees, and agents whenever such individuals act within
the scope of their authority.
SEC. 1510. <<NOTE: 36 USC 5810.>> MAINTENANCE AND INSPECTION OF BOOKS
AND RECORDS.
(a) Books and Records of Account.--The association shall keep
correct and complete books and records of account and minutes of any
proceeding of the association involving any of its members, the board of
directors, or any committee having authority under the board of
directors.
(b) Names and Addresses of Members.--The association shall keep at
its principal office a record of the names and addresses of all members
having the right to vote in any proceeding of the association.
(c) Right To Inspect Books and Records.--All books and records of
the association may be inspected by any member having the right to vote
in any proceeding of the association, or by any agent or attorney of
such member, for any proper purpose at any reasonable time.
(d) Application of State Law.--This section may not be construed to
contravene any applicable State law.
SEC. 1511. AUDIT OF FINANCIAL TRANSACTIONS.
The first section of the Act entitled ``An Act to provide for audit
of accounts of private corporations established under Federal law'',
approved August 30, 1964 (36 U.S.C. 1101), is amended--
(1) by redesignating the paragraph (77) added by section
1811 of Public Law 104-201 (110 Stat. 2762) as paragraph (78);
and
(2) by adding at the end the following:
``(79) Air Force Sergeants Association.''.
SEC. 1512. <<NOTE: 36 USC 5811.>> ANNUAL REPORT.
The association shall annually submit to Congress a report
concerning the activities of the association during the preceding fiscal
year. The annual report shall be submitted on the same date as the
report of the audit required by reason of the amendment
[[Page 111 STAT. 1966]]
made in section 1511. The annual report shall not be printed as a public
document.
SEC. 1513. <<NOTE: 36 USC 5812.>> RESERVATION OF RIGHT TO ALTER, AMEND,
OR REPEAL CHARTER.
The right to alter, amend, or repeal this title is expressly
reserved to Congress.
SEC. 1514. <<NOTE: 36 USC 5813.>> TAX-EXEMPT STATUS REQUIRED AS
CONDITION OF CHARTER.
If the association fails to maintain its status as an organization
exempt from taxation as provided in the Internal Revenue Code of 1986
the charter granted in this title shall terminate.
SEC. 1515. <<NOTE: 36 USC 5814.>> TERMINATION.
The charter granted in this title shall expire if the association
fails to comply with any of the provisions of this title.
SEC. 1516. DEFINITION <<NOTE: 36 USC 5815.>> OF STATE.
For purposes of this title, the term ``State'' includes the District
of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands, and the territories and possessions of the
United States.
DIVISION <<NOTE: Military Construction Authorization Act for Fiscal Year
1998.>> 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.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Correction in authorized uses of funds, Fort Irwin,
California.
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..................... Fort Irwin............. $11,150,000
Naval Weapons Station, $23,000,000
Concord.
Colorado....................... Fort Carson............ $47,300,000
Georgia........................ Fort Gordon............ $22,000,000
[[Page 111 STAT. 1967]]
Hunter Army Air Field, $54,000,000
Fort Stewart..........
Hawaii......................... Schofield Barracks..... $44,000,000
Indiana........................ Crane Army Ammunition $7,700,000
Activity.
Kansas......................... Fort Leavenworth....... $63,000,000
Fort Riley............. $25,800,000
Kentucky....................... Fort Campbell.......... $53,600,000
Fort Knox.............. $7,200,000
Missouri....................... Fort Leonard Wood...... $3,200,000
New Jersey..................... Fort Monmouth.......... $2,050,000
New Mexico..................... White Sands Missile $6,900,000
Range.
New York....................... Fort Drum.............. $24,400,000
North Carolina................. Fort Bragg............. $17,700,000
Oklahoma....................... Fort Sill.............. $25,000,000
South Carolina................. Naval Weapons Station, $7,700,000
Charleston.
Texas.......................... Fort Bliss............. $7,700,000
Fort Hood.............. $27,200,000
Fort Sam Houston....... $16,000,000
Virginia....................... Fort A.P. Hill......... $5,400,000
Fort Myer.............. $8,200,000
Fort Story............. $2,050,000
Washington..................... Fort Lewis............. $33,000,000
CONUS Classified............... Classified Location.... $6,500,000
---------------
Total............ $598,750,000
------------------------------------------------------------------------
(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........................ Ansbach................ $22,000,000
Heidelberg............. $8,800,000
Mannheim............... $6,200,000
Military Support Group, $6,000,000
Kaiserslautern........
Korea.......................... Camp Casey............. $5,100,000
Camp Castle............ $8,400,000
Camp Humphreys......... $32,000,000
Camp Red Cloud......... $23,600,000
Camp Stanley........... $7,000,000
Overseas Classified............ Overseas Classified.... $37,000,000
---------------
Total............ $156,100,000
------------------------------------------------------------------------
[[Page 111 STAT. 1968]]
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to 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
----------------------------------------------------------------------------------------------------------------
Arizona............................... Fort Huachuca............ 55 Units..................... $8,000,000
Hawaii................................ Schofield Barracks....... 132 Units.................... $26,600,000
Maryland.............................. Fort Meade............... 56 Units..................... $7,900,000
New Jersey............................ Picatinny Arsenal........ 35 Units..................... $7,300,000
North Carolina........................ Fort Bragg............... 174 Units.................... $20,150,000
Texas................................. Fort Bliss............... 91 Units..................... $12,900,000
Fort Hood................ 130 Units.................... $18,800,000
---------------
Total.................. $101,650,000
----------------------------------------------------------------------------------------------------------------
(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
$9,550,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2104(a)(5)(A), the Secretary of the Army may improve existing
military family housing units in an amount not to exceed $86,100,000.
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 $2,010,466,000 as
follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $435,350,000.
(2) For the military construction projects outside the
United States authorized by section 2101(b), $156,100,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$7,400,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $65,577,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $197,300,000.
(B) For support of military family housing
(including the functions described in section 2833 of
title 10, United States Code), $1,145,339,000.
[[Page 111 STAT. 1969]]
(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
(division B of Public Law 104-201; 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);
(2) $14,400,000 (the balance of the amount authorized under
section 2101(a) for the construction of the Force XXI Soldier
Development School at Fort Hood, Texas);
(3) $24,000,000 (the balance of the amount authorized under
section 2101(a) for rail yard expansion at Fort Carson,
Colorado);
(4) $43,000,000 (the balance of the amount authorized under
section 2101(a) for the construction of a disciplinary barracks
at Fort Leavenworth, Kansas);
(5) $42,500,000 (the balance of the amount authorized under
section 2101(a) for the construction of a barracks at Hunter
Army Airfield, Fort Stewart, Georgia);
(6) $17,000,000 (the balance of the amount authorized under
section 2101(a) for the construction of a barracks at Fort Sill,
Oklahoma);
(7) $14,000,000 (the balance of the amount authorized under
section 2101(a) for the construction of a missile software
engineering facility at Redstone Arsenal, Alabama); and
(8) $8,500,000 (the balance of the amount authorized under
section 2101(a) for the construction of an aerial gunnery range
at Fort Drum, New York).
(c) Adjustment.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (7) of subsection (a) is the sum of
the amounts authorized in such paragraphs, reduced by $36,600,000, which
represents the combination of savings resulting from adjustments to
foreign currency exchange rates for military construction projects and
the support of military family housing outside the United States.
SEC. 2105. CORRECTION IN AUTHORIZED USES OF FUNDS, FORT IRWIN,
CALIFORNIA.
The Secretary of the Army may carry out a military construction
project at Fort Irwin, California, to construct a heliport for the
National Training Center at Barstow-Daggett, 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 a military
construction project
[[Page 111 STAT. 1970]]
involving the construction of an air field at Fort Irwin, as
authorized by section 2101(a) of such 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 a military
construction project involving the construction of an air field
at Fort Irwin, as authorized by section 2101(a) of such Act (110
Stat. 523).
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 Naval
Station, Pascagoula, Mississippi, for which funds have been
appropriated.
Sec. 2206. Increase in authorization for military construction projects
at Naval
Station Roosevelt Roads, Puerto Rico.
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........................ Marine Corps Air $12,250,000
Station, Yuma.........
Navy Detachment, Camp $11,426,000
Navajo................
California..................... Marine Corps Air $14,020,000
Station, Camp
Pendleton.............
Marine Corps Air $8,700,000
Station, Miramar......
Marine Corps Air-Ground $3,810,000
Combat Center,
Twentynine Palms......
Marine Corps Base, Camp $60,069,000
Pendleton.............
Naval Air Facility, El $11,000,000
Centro................
Naval Air Station, $19,600,000
North Island..........
Naval Amphibious Base, $10,100,000
Coronado..............
Naval Construction $3,200,000
Battalion Center, Port
Hueneme...............
Connecticut.................... Naval Submarine Base, $21,960,000
New London............
Florida........................ Naval Air Station, $3,480,000
Jacksonville..........
Naval Air Station, $1,300,000
Whiting Field.
Naval Station, Mayport. $17,940,000
Hawaii......................... Fort DeRussey.......... $9,500,000
Marine Corps Air $19,000,000
Station, Kaneohe Bay..
Naval Communications $3,900,000
and Telecommunications
Area Master Station
Eastern Pacific,
Honolulu..............
Naval Station, Pearl $25,000,000
Harbor.
Illinois....................... Naval Training Center, $41,220,000
Great Lakes...........
[[Page 111 STAT. 1971]]
Indiana........................ Naval Surface Warfare $4,120,000
Center, Crane.........
Maryland....................... Naval Electronics $2,610,000
System Command, St.
Ingoes................
Mississippi.................... Naval Air Station, $7,050,000
Meridian..............
North Carolina................. Marine Corps Air $8,800,000
Station, Cherry Point.
Marine Corps Air $19,900,000
Station, New River....
Rhode Island................... Naval Undersea Warfare $8,900,000
Center Division,
Newport...............
South Carolina................. Marine Corps Air $17,730,000
Station, Beaufort.....
Marine Corps Reserve $3,200,000
Detachment Parris
Island................
Texas.......................... Naval Air Station, $800,000
Corpus Christi........
Virginia....................... AEGIS Training Center, $6,600,000
Dahlgren.
Fleet Combat Training $7,000,000
Center, Dam Neck......
Naval Air Station, $18,240,000
Norfolk...............
Naval Air Station, $28,000,000
Oceana.
Naval Amphibious Base, $8,685,000
Little Creek..........
Naval Shipyard, $29,410,000
Norfolk, Portsmouth...
Naval Station, Norfolk. $18,850,000
Naval Surface Warfare $13,880,000
Center, Dahlgren......
Naval Weapons Station, $14,547,000
Yorktown..............
Washington..................... Naval Air Station, $1,100,000
Whidbey Island.
Puget Sound Naval $4,400,000
Shipyard, Bremerton...
---------------
Total............ $521,297,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(2), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installations and locations outside the
United States, and in the amounts, set forth in the following table:
Navy: Outside the United States
------------------------------------------------------------------------
Installation or
Country Location Amount
------------------------------------------------------------------------
Bahrain........................ Administrative Support $30,100,000
Unit, Bahrain.........
Guam........................... Naval Communications $4,050,000
and Telecommunications
Area Master Station
Western Pacific, Guam.
Italy.......................... Naval Air Station, $21,440,000
Sigonella.
Naval Support Activity, $8,200,000
Naples.
United Kingdom................. Joint Maritime $2,330,000
Communications Center,
St. Mawgan............
---------------
Total............ $66,120,000
------------------------------------------------------------------------
[[Page 111 STAT. 1972]]
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(5)(A), the Secretary of the Navy may construct or acquire family
housing units (including land acquisition) at the installations, for the
purposes, and in the amounts set forth in the following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or Location 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.................
Naval Complex, San Diego. 94 Units..................... $13,500,000
Hawaii................................ Naval Complex, Pearl 72 Units..................... $13,000,000
Harbor..................
Louisiana............................. Naval Complex, New 100 Units.................... $11,930,000
Orleans.................
Texas................................. Naval Complex, Kingsville 212 Units.................... $22,250,000
and Corpus Christi......
Washington............................ Naval Air Station, 102 Units.................... $16,000,000
Whidbey Island..........
---------------
Total.................. $175,196,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to the
authorization of appropriation 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
$15,100,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2204(a)(5)(A), the Secretary of the Navy may improve existing
military family housing units in an amount not to exceed $203,536,000.
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 $2,027,339,000 as
follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $521,297,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $66,120,000.
[[Page 111 STAT. 1973]]
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $11,460,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $46,489,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $393,832,000.
(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 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.
(7) For construction of a bachelor enlisted quarters at
Naval Station, Roosevelt Roads, Puerto Rico, authorized by
section 2201(a) of the Military Construction Authorization Act
for Fiscal Year 1997 (division B of Public Law 104-201; 110
Stat. 2767), $14,600,000.
(8) For construction of a large anecohic chamber facility at
Patuxent River Naval Air Warfare Center, Maryland, authorized by
section 2201(a) of the Military Construction Authorization Act
for Fiscal Year 1993 (division B of Public Law 102-484; 106
Stat. 2590), $9,000,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2201 of this
Act may not exceed the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
(c) Adjustments.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (8) of subsection (a) is the sum of
the amounts authorized to be appropriated in such paragraphs, reduced
by--
(1) $8,463,000, which represents the combination of project
savings in military family housing construction resulting from
favorable bids, reduced overhead costs, and cancellations due to
force structure changes; and
(2) $8,700,000, which represents the combination of savings
resulting from adjustments to foreign currency exchange rates
for military construction projects and the support of military
family housing outside the United States.
SEC. 2205. AUTHORIZATION OF MILITARY CONSTRUCTION PROJECT AT NAVAL
STATION, PASCAGOULA, 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--
(1) by striking out the amount identified as the total and
inserting in lieu thereof ``$594,982,000''; and
(2) by inserting after the item relating to Stennis Space
Center, Mississippi, the following new item:
[[Page 111 STAT. 1974]]
------------------------------------------------------------------------
------------------------------------------------------------------------
``Naval Station, $4,990,000''.
Pascagoula.
------------------------------------------------------------------------
(b) Conforming Amendments.--Section 2204(a) of such Act (110 Stat.
2769) is amended--
(1) in the matter preceding the paragraphs, by striking out
``$2,213,731,000'' and inserting in lieu thereof
``$2,218,721,000''; and
(2) in paragraph (1), by striking out ``$579,312,000'' and
inserting in lieu thereof ``$584,302,000''.
SEC. 2206. INCREASE IN AUTHORIZATION FOR MILITARY CONSTRUCTION PROJECTS
AT NAVAL STATION ROOSEVELT ROADS, PUERTO RICO.
(a) Increase.--The table in section 2201(b) of the Military
Construction Authorization Act for Fiscal Year 1997 (division B of
Public Law 104-201; 110 Stat. 2767) is amended--
(1) by striking out the amount identified as the total and
inserting in lieu thereof ``$66,150,000''; and
(2) in the amount column of the item relating to Naval
Station, Roosevelt Roads, Puerto Rico, by striking out
``$23,600,000'' and inserting in lieu thereof ``$24,100,000''.
(b) Conforming Amendment.--Section 2204(b)(4) of such Act (110 Stat.
2770) is amended by striking out ``$14,100,000'' and inserting in lieu
thereof ``$14,600,000''.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
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.
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a)(1), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations and locations
inside the United States, and in the amounts, set forth in the following
table:
Air Force: Inside the United States
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
Alabama........................ Maxwell Air Force Base. $14,874,000
Alaska......................... Clear Air Station...... $67,069,000
Eielson Air Force Base. $13,764,000
Elmendorf Air Force $6,100,000
Base.
Indian Mountain........ $1,991,000
Arizona........................ Luke Air Force Base.... $10,000,000
Arkansas....................... Little Rock Air Force $3,400,000
Base.
California..................... Edwards Air Force Base. $2,887,000
Vandenberg Air Force $26,876,000
Base.
Colorado....................... Buckley Air National $6,718,000
Guard Base.
Falcon Air Force $10,551,000
Station.
Peterson Air Force Base $4,081,000
United States Air Force $15,229,000
Academy.
Florida........................ Eglin Auxiliary Field 9 $6,470,000
[[Page 111 STAT. 1975]]
MacDill Air Force Base. $9,643,000
Georgia........................ Moody Air Force Base... $6,800,000
Robins Air Force Base.. $27,763,000
Idaho.......................... Mountain Home Air Force $30,669,000
Base.
Kansas......................... McConnell Air Force $14,519,000
Base.
Louisiana...................... Barksdale Air Force $19,410,000
Base.
Mississippi.................... Keesler Air Force Base. $30,855,000
Missouri....................... Whiteman Air Force Base $17,419,000
Montana........................ Malmstrom Air Force $4,500,000
Base.
Nevada......................... Nellis Air Force Base.. $1,950,000
New Jersey..................... McGuire Air Force Base. $18,754,000
New Mexico..................... Kirtland Air Force Base $20,300,000
North Carolina................. Pope Air Force Base.... $10,956,000
North Dakota................... Grand Forks Air Force $8,560,000
Base.
Minot Air Force Base... $5,200,000
Ohio........................... Wright-Patterson Air $19,350,000
Force Base.
Oklahoma....................... Altus Air Force Base... $11,000,000
Tinker Air Force Base.. $9,655,000
Vance Air Force Base... $7,700,000
South Carolina................. Shaw Air Force Base.... $6,072,000
South Dakota................... Ellsworth Air Force $6,600,000
Base.
Tennessee...................... Arnold Air Force Base.. $20,650,000
Texas.......................... Dyess Air Force Base... $10,000,000
Laughlin Air Force Base $4,800,000
Randolph Air Force Base $2,488,000
Utah........................... Hill Air Force Base.... $6,470,000
Virginia....................... Langley Air Force Base. $4,031,000
Washington..................... Fairchild Air Force $20,316,000
Base.
McChord Air Force Base. $6,470,000
CONUS Classified............... Classified Location.... $6,175,000
---------------
Total............ $559,085,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a)(2), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations and locations
outside the United States, and in the amounts, set forth in the
following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Installation or
Country Location Amount
------------------------------------------------------------------------
Germany........................ Spangdahlem Air Base... $18,500,000
Italy.......................... Aviano Air Base........ $15,220,000
Korea.......................... Kunsan Air Base........ $10,325,000
Portugal....................... Lajes Field, Azores.... $4,800,000
United Kingdom................. Royal Air Force, $11,400,000
Lakenheath.
Overseas Classified............ Classified Location.... $29,100,000
---------------
Total............ $89,345,000
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(5)(A), the Secretary of the Air Force may construct or acquire
family housing units (including land acquisition) at the
[[Page 111 STAT. 1976]]
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.... 60 Units..................... $6,800,000
Idaho................................. Mountain Home Air Force 60 Units..................... $11,032,000
Base....................
Kansas................................ McConnell Air Force Base. 19 Units..................... $2,951,000
McConnell Air Force Base. Ancillary Facility........... $581,000
Mississippi........................... Columbus Air Force Base.. 50 Units..................... $6,200,000
Keesler Air Force Base... 40 Units..................... $5,000,000
Montana............................... Malmstrom Air Force Base. 100 Units.................... $17,842,000
New Mexico............................ Kirtland Air Force Base.. 180 Units.................... $20,900,000
North Dakota.......................... Grand Forks Air Force 42 Units..................... $7,936,000
Base....................
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.................. $159,943,000
----------------------------------------------------------------------------------------------------------------
(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
$11,971,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2304(a)(5)(A), the Secretary of the Air Force may improve
existing military family housing units in an amount not to exceed
$123,795,000.
[[Page 111 STAT. 1977]]
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 $1,791,640,000 as
follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $559,085,000.
(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, $44,880,000.
(5) For military housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $295,709,000.
(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) Adjustments.--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--
(1) $23,858,000, which represents the combination of project
savings in military construction resulting from favorable bids,
reduced overhead costs, and cancellations due to force structure
changes; and
(2) $12,300,000, which represents the combination of savings
resulting from adjustments to foreign currency exchange rates
for military construction projects and the support of military
family housing outside the United States.
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--
(1) by striking out the amount identified as the total and
inserting in lieu thereof ``$610,534,000''; and
(2) in the amount column of the item relating to McConnell
Air Force Base, Kansas, by striking out ``$19,130,000'' and
inserting in lieu thereof ``$25,830,000''.
(b) Conforming Amendments.--Section 2304(a) 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
[[Page 111 STAT. 1978]]
(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.
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. Correction in authorized uses of funds, McClellan Air Force
Base,
California.
Sec. 2408. Modification of authority to carry out certain fiscal year
1995 projects.
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 and Accounting Columbus Center, Ohio.. $9,722,000
Service.......................
Naval Air Station, $6,906,000
Millington, Tennessee.
Naval Station, Norfolk, $12,800,000
Virginia..............
Naval Station, Pearl $10,000,000
Harbor, Hawaii........
Defense Intelligence Agency.... Bolling Air Force Base, $7,000,000
District of Columbia..
Redstone Arsenal, $32,700,000
Alabama.
Defense Logistics Agency....... Defense Distribution $16,656,000
Depot--DDNV, Virginia.
Defense Distribution $15,500,000
New Cumberland--DDSP,
Pennsylvania..........
Defense Fuel Support $22,100,000
Point, Craney Island,
Virginia..............
Defense General Supply $5,200,000
Center, Richmond
(DLA), Virginia.......
Elmendorf Air Force $21,700,000
Base, Alaska..........
Naval Air Station, $9,800,000
Jacksonville, Florida.
Truax Field, Wisconsin. $4,500,000
Westover Air Reserve $4,700,000
Base, Massachusetts...
CONUS Various, CONUS $11,275,000
Various...............
Defense Medical Facilities Fort Campbell, Kentucky $13,600,000
Office........................
[[Page 111 STAT. 1979]]
Fort Detrick, Maryland. $4,650,000
Fort Lewis, Washington. $5,000,000
Hill Air Force Base, $3,100,000
Utah.
Holloman Air Force $3,000,000
Base, New Mexico......
Lackland Air Force $3,000,000
Base, Texas...........
Marine Corps Combat $19,000,000
Development Command,
Quantico, Virginia....
McGuire Air Force Base, $35,217,000
New Jersey............
Naval Air Station, $2,750,000
Pensacola, Florida....
Naval Station, Everett, $7,500,000
Washington............
Naval Station, San $2,100,000
Diego, California.....
Naval Submarine Base, $2,300,000
New London,
Connecticut...........
Robins Air Force Base, $19,000,000
Georgia...............
Wright-Patterson Air $2,750,000
Force Base, Ohio......
National Security Agency....... Fort Meade, Maryland... $29,700,000
Special Operations Command..... Eglin Auxiliary Field $8,550,000
9, Florida............
Fort Benning, Georgia.. $12,314,000
Fort Bragg, North $9,800,000
Carolina.
Mississippi Army $9,900,000
Ammunition Plant,
Mississippi...........
Naval Station, Pearl $7,400,000
Harbor, Hawaii........
Naval Amphibious Base, $7,400,000
Coronado, California..
---------------
Total............ $407,890,000
------------------------------------------------------------------------
(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 installation and location outside the
United States, and in the amount, set forth in the following table:
Defense Agencies: Outside the United States
------------------------------------------------------------------------
Installation or
Agency Location Amount
------------------------------------------------------------------------
Defense Logistics Agency....... Defense Fuel Support $16,000,000
Point, Guam...........
---------------
Total.............. $16,000,000
------------------------------------------------------------------------
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.
[[Page 111 STAT. 1980]]
SEC. 2403. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriation in
section 2405(a)(13)(A), the Secretary of Defense may improve existing
military family housing units in an amount not to exceed $4,900,000.
SEC. 2404. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2405(a)(11), the Secretary of Defense may
carry out energy conservation projects under section 2865 of title 10,
United States Code.
SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 1997, for military
construction, land acquisition, and military family housing functions of
the Department of Defense (other than the military departments), in the
total amount of $2,743,670,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $407,890,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $16,000,000.
(3) For military construction projects at Anniston Army
Depot, Alabama, ammunition demilitarization facility, authorized
by section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 1993 (division B of the Public Law 102-484;
106 Stat. 2587), which was originally authorized as an Army
construction project, but which became a Defense Agencies
construction project by reason of the amendments made by section
142 of the National Defense Authorization Act for Fiscal Year
1995 (Public Law 103-337; 108 Stat. 2689), $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 (division B of Public Law
102-484; 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 the 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 Defense Finance
and Accounting Service, Columbus, Ohio, authorized by section
2401(a) of the Military Construction Authorization Act of Fiscal
Year 1996 (division B of Public Law 104-106; 110 Stat. 535),
$14,200,000.
(7) For military construction projects at Naval Hospital,
Portsmouth, Virginia, hospital replacement, 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), $17,000,000.
[[Page 111 STAT. 1981]]
(8) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States Code,
$4,000,000.
(9) For unspecified minor construction projects under
section 2805 of title 10, United States Code, $26,075,000.
(10) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $48,850,000.
(11) For energy conservation projects authorized by section
2404, $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).
(c) Adjustment.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (13) of subsection (a) is the sum of
the amounts authorized to be appropriated in such paragraphs, reduced by
$1,200,000, which represents the combination of savings resulting from
adjustments to foreign currency exchange rates for military construction
projects and the support of military family housing outside the United
States.
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 Harbor, Hawaii''.
SEC. 2407. CORRECTION IN AUTHORIZED USES OF FUNDS, MCCLELLAN AIR FORCE
BASE, CALIFORNIA.
(a) Authority To Use Prior Year Funds.--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 a
military construction project involving the upgrade of the hospital
facility at McClellan Air Force
[[Page 111 STAT. 1982]]
Base, California, as authorized by section 2401 of such Act (108 Stat.
3040).
(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.
SEC. 2408. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 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''.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
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.
[[Page 111 STAT. 1983]]
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
Sec. 2602. Authorization of military construction projects for which
funds have been appropriated.
Sec. 2603. Army Reserve construction project, Camp Williams, Utah.
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) In General.--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, $113,750,000; and
(B) for the Army Reserve, $66,267,000.
(2) For the Department of the Navy, for the Naval and Marine
Corps Reserve, $47,329,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United States,
$190,444,000; and
(B) for the Air Force Reserve, $30,243,000.
(b) Adjustment.--The amount authorized to be appropriated pursuant
to subsection (a)(1)(B) is reduced by $7,900,000, which represents the
combination of project savings in military construction resulting from
favorable bids, reduced overhead costs, and cancellations due to force
structure changes.
SEC. 2602. AUTHORIZATION OF MILITARY CONSTRUCTION PROJECTS FOR WHICH
FUNDS HAVE BEEN APPROPRIATED.
(a) Army National Guard, Hilo, Hawaii.--Paragraph (1)(A) of section
2601 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'' to account for a project involving additions and
alterations to an Army aviation support facility in Hilo, Hawaii.
(b) Naval and Marine Corps Reserve, New Orleans.--Paragraph (2) of
such section is amended by striking out ``$32,779,000'' and inserting in
lieu thereof ``$37,579,000'' to account for a project for the
construction of a bachelor enlisted quarters at Naval Air Station, New
Orleans, Louisiana.
SEC. 2603. ARMY RESERVE CONSTRUCTION PROJECT, CAMP WILLIAMS, UTAH.
With regard to the military construction project for the Army
Reserve concerning construction of a reserve center and organizational
maintenance shop at Camp Williams, Utah, to be carried out using funds
appropriated pursuant to the authorization of appropriations in section
2601(a)(1)(B), the Secretary of the Army shall enter into an agreement
with the State of Utah under which the State agrees to provide financial
or in-kind contributions toward
[[Page 111 STAT. 1984]]
land acquisition, site preparation, and relocation costs in connection
with the project.
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 authorizations of certain fiscal year 1993
projects.
Sec. 2705. Extension of authorizations of certain fiscal year 1992
projects.
Sec. 2706. Extension of availability of funds for construction of
relocatable over-the-horizon radar, Naval Station Roosevelt
Roads, Puerto Rico.
Sec. 2707. Effective date.
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 of 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) Extension.--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 such 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:
[[Page 111 STAT. 1985]]
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... New Construction (Housing $780,000
Office).....................
CONUS Classified...................... Classified Location...... Aircraft Fire and Rescue and $2,200,000
Vehicle Maintenance
Facilities..................
----------------------------------------------------------------------------------------------------------------
Air Force: Extension of 1995 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
California............................ Beale Air Force Base..... Consolidated Support Center.. $10,400,000
Los Angeles Air Force Family Housing (50 units).... $8,962,000
Station.................
North Carolina........................ Pope Air Force Base...... Combat Control Team Facility. $2,450,000
Pope Air Force Base...... Fire Training Facility....... $1,100,000
----------------------------------------------------------------------------------------------------------------
Defense Agencies: Extension of 1995 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Alabama............................... Anniston Army Depot...... Carbon Filtration System..... $5,000,000
Arkansas.............................. Pine Bluff Arsenal....... Ammunition Demilitarization $115,000,000
Facility....................
California............................ Defense Contract Administrative Building...... $5,100,000
Management Area Office,
El Segundo..............
[[Page 111 STAT. 1986]]
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 tables in subsection (b), as provided in section 2201 or
2601 of such Act and extended by section 2702 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) Tables.--The tables referred to in subsection (a) are 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....................
----------------------------------------------------------------------------------------------------------------
Army National Guard: Extension of 1994 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
New Mexico.............................. White Sands Missile Range. MATES..................... $3,570,000
----------------------------------------------------------------------------------------------------------------
[[Page 111 STAT. 1987]]
SEC. 2704. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 1993
PROJECTS.
(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 authorizations for the projects
set forth in the tables in subsection (b), as provided in section 2101
or 2601 of such 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 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 1993 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Arkansas................................ Pine Bluff Arsenal........ Ammunition $15,000,000
Demilitarization Support
Facility.................
----------------------------------------------------------------------------------------------------------------
Army National Guard: Extension of 1993 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Alabama................................. Union Springs............. Armory.................... $813,000
----------------------------------------------------------------------------------------------------------------
SEC. 2705. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 1992
PROJECTS.
(a) Extension.--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
such 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 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:
Army: Extension of 1992 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Oregon.................................. Umatilla Army Depot....... Ammunition $3,600,000
Demilitarization Support
Facility.................
Umatilla Army Depot....... Ammunition $7,500,000
Demilitarization
Utilities................
----------------------------------------------------------------------------------------------------------------
[[Page 111 STAT. 1988]]
SEC. 2706. EXTENSION OF AVAILABILITY OF FUNDS FOR CONSTRUCTION OF
RELOCATABLE OVER-THE-HORIZON RADAR, NAVAL STATION ROOSEVELT
ROADS, PUERTO RICO.
Amounts 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),
and transferred to the ``Military Construction, Navy'' appropriation for
construction of a relocatable over-the-horizon radar at Naval Station
Roosevelt Roads, Puerto Rico, shall remain 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.
SEC. 2707. 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. Use of mobility enhancement funds for unspecified minor
construction.
Sec. 2802. Limitation on use of operation and maintenance funds for
facility repair projects.
Sec. 2803. Leasing of military family housing, United States Southern
Command, Miami, Florida.
Sec. 2804. Use of financial incentives provided as part of energy
savings and water conservation activities.
Sec. 2805. Congressional notification requirements regarding use of
Department of Defense housing funds for investments in
nongovernmental entities.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Increase in ceiling for minor land acquisition projects.
Sec. 2812. Permanent authority regarding conveyance of utility systems.
Sec. 2813. Administrative expenses for certain real property
transactions.
Sec. 2814. Screening of real property to be conveyed by Department of
Defense.
Sec. 2815. Disposition of proceeds from sale of Air Force Plant 78,
Brigham City, Utah.
Sec. 2816. Fire protection and hazardous materials protection at Fort
Meade,
Maryland.
Subtitle C--Defense Base Closure and Realignment
Sec. 2821. Consideration of military installations as sites for new
Federal facilities.
Sec. 2822. Adjustment and diversification assistance to enhance
performance of military family support services by private
sector sources.
Sec. 2823. Security, fire protection, and other services at property
formerly associated with Red River Army Depot, Texas.
Sec. 2824. Report on closure and realignment of military installations.
Sec. 2825. Sense of Senate regarding utilization of savings derived from
base
closure process.
Sec. 2826. Prohibition against certain conveyances of property at Naval
Station, Long Beach, California.
Subtitle D--Land Conveyances
Part I--Army Conveyances
Sec. 2831. Land conveyance, Army Reserve Center, Greensboro, Alabama.
Sec. 2832. Land conveyance, James T. Coker Army Reserve Center, Durant,
Oklahoma.
Sec. 2833. Land conveyance, Gibson Army Reserve Center, Chicago,
Illinois.
Sec. 2834. Land conveyance, Fort A. P. Hill, Virginia.
[[Page 111 STAT. 1989]]
Sec. 2835. Land conveyances, Fort Dix, New Jersey.
Sec. 2836. Land conveyances, Fort Bragg, North Carolina.
Sec. 2837. Land conveyance, Hawthorne Army Ammunition Depot, Mineral
County, Nevada.
Sec. 2838. Expansion of land conveyance authority, Indiana Army
Ammunition Plant, Charlestown, Indiana.
Sec. 2839. Modification of land conveyance, Lompoc, California.
Sec. 2840. Modification of land conveyance, Rocky Mountain Arsenal,
Colorado.
Sec. 2841. Correction of land conveyance authority, Army Reserve Center,
Anderson, South Carolina.
Part II--Navy Conveyances
Sec. 2851. Land conveyance, Topsham Annex, Naval Air Station, Brunswick,
Maine.
Sec. 2852. Land conveyance, Naval Weapons Industrial Reserve Plant No.
464,
Oyster Bay, New York.
Sec. 2853. Correction of lease authority, Naval Air Station, Meridian,
Mississippi.
Part III--Air Force Conveyances
Sec. 2861. Land transfer, Eglin Air Force Base, Florida.
Sec. 2862. Land conveyance, March Air Force Base, California.
Sec. 2863. Land conveyance, Ellsworth Air Force Base, South Dakota.
Sec. 2864. Land conveyance, Hancock Field, Syracuse, New York.
Sec. 2865. Land conveyance, Havre Air Force Station, Montana, and Havre
Training Site, Montana.
Sec. 2866. Land conveyance, Charleston Family Housing Complex, Bangor,
Maine.
Sec. 2867. Study of land exchange options, Shaw Air Force Base, South
Carolina.
Subtitle E--Other Matters
Sec. 2871. Repeal of requirement to operate Naval Academy dairy farm.
Sec. 2872. Long-term lease of property, Naples, Italy.
Sec. 2873. Designation of military family housing at Lackland Air Force
Base, Texas, in honor of Frank Tejeda, a former Member of the
House of
Representatives.
Sec. 2874. Fiber-optics based telecommunications linkage of military
installations.
Subtitle A--Military Construction Program and Military Family Housing
Changes
SEC. 2801. USE OF MOBILITY ENHANCEMENT FUNDS FOR UNSPECIFIED MINOR
CONSTRUCTION.
(a) Congressional Notification.--Subsection (b)(1) of section 2805
of title 10, United States Code, is amended by adding at the end the
following new sentence: ``This <<NOTE: Applicability.>> paragraph shall
apply even though the project is to be carried out using funds made
available to enhance the deployment and mobility of military forces and
supplies.''.
(b) Restriction on Use of Operation and Maintenance Funds.--
Subsection (c) of such section is amended--
(1) in paragraph (1), by striking out ``paragraph (2)'' and
inserting in lieu thereof ``paragraphs (2) and (3)''; and
(2) by adding at the end the following new paragraph:
``(3) The limitations specified in paragraph (1) shall not apply to
an unspecified minor military construction project if the project is to
be carried out using funds made available to enhance the deployment and
mobility of military forces and supplies.''.
(c) Technical Amendments.--Such section is further
amended--
(1) in subsection (a)(1)--
(A) by striking out ``minor military construction
projects'' in the first sentence and inserting in lieu
thereof ``unspecified minor military construction
projects'';
(B) by striking out ``A minor'' in the second
sentence and inserting in lieu thereof ``An unspecified
minor''; and
[[Page 111 STAT. 1990]]
(C) by striking out ``a minor'' in the last sentence
and inserting in lieu thereof ``an unspecified minor'';
(2) in subsection (b)(1), by striking out ``A minor'' and
inserting in lieu thereof ``An unspecified minor'';
(3) in subsection (b)(2), by striking out ``a minor'' and
inserting in lieu thereof ``an unspecified minor''; and
(4) in subsection (c), by striking out ``unspecified
military'' each place it appears and inserting in lieu thereof
``unspecified minor military''.
SEC. 2802. LIMITATION ON USE OF OPERATION AND MAINTENANCE FUNDS FOR
FACILITY REPAIR PROJECTS.
Section 2811 of title 10, United States Code, is amended by adding
at the end the following new subsections:
<<NOTE: Reports.>> ``(d) Congressional Notification.--When a
decision is made to carry out a repair project under this section with
an estimated cost in excess of $10,000,000, the Secretary concerned
shall submit to the appropriate committees of Congress a report
containing--
``(1) the justification for the repair project and the
current estimate of the cost of the project; and
``(2) the justification for carrying out the project under
this section.
``(e) Repair Project Defined.--In this section, the term `repair
project' means a project to restore a real property facility, system, or
component to such a condition that it may effectively be used for its
designated functional purpose.''.
SEC. 2803. LEASING OF MILITARY FAMILY HOUSING, UNITED STATES SOUTHERN
COMMAND, MIAMI, FLORIDA.
(a) Leases To Exceed Maximum Rental.--Section 2828(b) of title 10,
United States Code, is amended--
(1) in paragraph (2), by striking out ``paragraph (3)'' and
inserting in lieu thereof ``paragraphs (3) and (4)'';
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following new
paragraph:
``(4) The Secretary of the Army may lease not more than eight
housing units in the vicinity of Miami, Florida, for key and essential
personnel, as designated by the Secretary, for the United States
Southern Command for which the expenditure for the rental of such units
(including the cost of utilities, maintenance, and operation, including
security enhancements) exceeds the expenditure limitations in paragraphs
(2) and (3). The total amount for all leases under this paragraph may
not exceed $280,000 per year, and no lease on any individual housing
unit may exceed $60,000 per year.''.
(b) Conforming Amendment.--Paragraph (5) of such section, as
redesignated by subsection (a)(2), is amended by striking out
``paragraphs (2) and (3)'' and inserting in lieu thereof ``paragraphs
(2), (3), and (4)''.
SEC. 2804. USE OF FINANCIAL INCENTIVES PROVIDED AS PART OF ENERGY
SAVINGS AND WATER CONSERVATION ACTIVITIES.
(a) Energy Savings.--Section 2865 of title 10, United States Code,
is amended--
(1) in subsection (b)--
[[Page 111 STAT. 1991]]
(A) in paragraph (1), by striking out ``and
financial incentives described in subsection (d)(2)'';
(B) in paragraph (2), by striking out ``section
2866(b)'' both places it appears and inserting in lieu
thereof ``section 2866(a)(3)''; and
(C) by adding at the end the following new
paragraph:
``(3) Financial incentives received from gas or electric utilities
under subsection (d)(2), and from utilities for management of water
demand or water conservation under section 2866(a)(2) 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.''; and
(2) in subsection (f), by adding at the end the following
new sentence: ``The Secretary shall also include in each report
the types and amount of financial incentives received under
subsection (d)(2) and section 2866(a)(2) of this title during
the period covered by the report and the appropriation account
or accounts to which the incentives were credited.''.
(b) Water Conservation.--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 section 2865(b)(3) of this title.
``(2) Water cost savings realized under subsection (a)(3) shall be
used as provided in section 2865(b)(2) of this title.''.
SEC. 2805. CONGRESSIONAL NOTIFICATION REQUIREMENTS REGARDING USE OF
DEPARTMENT OF DEFENSE HOUSING FUNDS FOR INVESTMENTS IN
NONGOVERNMENTAL ENTITIES.
Section 2875 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(e) Congressional Notification Required.--Amounts in the
Department of Defense Family Housing Improvement Fund or the Department
of Defense Military Unaccompanied Housing Improvement Fund may be used
to make a cash investment under this section in a nongovernmental entity
only after the end of the 30-day period beginning on the date the
Secretary of Defense submits written notice of, and justification for,
the investment to the appropriate committees of Congress.''.
Subtitle B--Real Property And Facilities Administration
SEC. 2811. 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'' both places it appears in
subsection (a) and inserting in lieu thereof ``$500,000''.
(b) Clerical Amendments.--(1) The section heading for such section
is amended to read as follows:
[[Page 111 STAT. 1992]]
``Sec. 2672. Acquisition: interests in land when cost is not more than
$500,000''.
(2) The table of sections at the beginning of chapter 159 of such
title is amended by striking out the item relating to section 2672 and
inserting in lieu thereof the following new item:
``2672. Acquisition: interests in land when cost is not more than
$500,000.''.
SEC. 2812. PERMANENT AUTHORITY REGARDING CONVEYANCE OF UTILITY SYSTEMS.
(a) In General.--Chapter 159 of title 10, United States Code, is
amended by inserting after section 2687 the following new section:
``Sec. 2688. Utility systems: conveyance authority
``(a) Conveyance Authority.--The Secretary of a military department
may convey a utility system, or part of a utility system, under the
jurisdiction of the Secretary to a municipal, private, regional,
district, or cooperative utility company or other entity. The conveyance
may consist of all right, title, and interest of the United States in
the utility system or such lesser estate as the Secretary considers
appropriate to serve the interests of the United States.
``(b) Selection of Conveyee.--If more than one utility or entity
referred to in subsection (a) notifies the Secretary concerned of an
interest in a conveyance under such subsection, the Secretary shall
carry out the conveyance through the use of competitive procedures.
``(c) Consideration.--(1) The Secretary concerned shall require 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 of the United States conveyed. The consideration may
take the form of--
``(A) a lump sum payment; or
``(B) a reduction in charges for utility services provided
by the utility or entity concerned to the military installation
at which the utility system is located.
``(2) If the utility services proposed to be provided as
consideration under paragraph (1) are subject to regulation by a Federal
or State agency, any reduction in the rate charged for the utility
services shall be subject to establishment or approval by that agency.
``(d) Treatment of Payments.--(1) A lump sum payment received under
subsection (c) shall be credited, at the election of the Secretary
concerned--
``(A) 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;
``(B) to an appropriation of the military department
available for carrying out energy savings projects or water
conservation projects; or
``(C) to an appropriation of the military department
available for improvements to other utility systems.
``(2) 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.
[[Page 111 STAT. 1993]]
``(e) Notice-and-Wait Requirement.--The Secretary concerned may not
make a conveyance under subsection (a) until--
``(1) the Secretary submits to the Committee on Armed
Services and the Committee on Appropriations of the Senate and
the Committee on National Security and the Committee on
Appropriations of the House of Representatives an economic
analysis (based upon accepted life-cycle costing procedures
approved by the Secretary of Defense) 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 the Secretary
considers appropriate to protect the interests of the United States.
``(g) Utility System Defined.--(1) In this section, the term
`utility system' means any of 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 or supply of steam, hot
water, and chilled water.
``(E) A system for the supply of natural gas.
``(F) A system for the transmission of telecommunications.
``(2) 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-way associated with a system
referred to in that paragraph.
``(h) Limitation.--This section shall not apply to projects
constructed or operated by the Army Corps of Engineers under its civil
works authorities.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2687 the following new item:
``2688. Utility systems: conveyance authority.''.
SEC. 2813. ADMINISTRATIVE EXPENSES FOR CERTAIN REAL PROPERTY
TRANSACTIONS.
(a) Acceptance Authorized.--Chapter 159 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 2695. Acceptance of funds to cover administrative expenses
relating to certain real property transactions
``(a) Authority To Accept.--In connection with a real property
transaction referred to in subsection (b) with a non-Federal person or
entity, the Secretary of a military department may accept
[[Page 111 STAT. 1994]]
amounts provided by the person or entity to cover administrative
expenses incurred by the Secretary in entering into the transaction.
``(b) Covered <<NOTE: Applicability.>> 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 the 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.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 159 of such title is amended by adding at the end the following
new item:
``2695. Acceptance of funds to cover administrative expenses relating to
certain real property transactions.''.
SEC. 2814. SCREENING OF REAL PROPERTY TO BE CONVEYED BY DEPARTMENT OF
DEFENSE.
(a) Requirement.--(1) Chapter 159 of title 10, United States Code,
is amended by inserting after section 2695, as added by section 2813,
the following new section:
``Sec. 2696. Screening of real property for further Federal use before
conveyance
``(a) Screening Requirement.--The Secretary concerned may not convey
real property that is authorized or required to be conveyed, whether for
or without consideration, by any provision of law unless the
Administrator of General Services has screened the property for further
Federal use in accordance with the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 471 et seq.).
``(b) Time for <<NOTE: Notification.>> Screening.--(1) Before the
end of the 30-day period beginning on the date of the enactment of a
provision of law authorizing or requiring the conveyance of a parcel of
real property by the Secretary concerned, the Administrator of General
Services shall complete the screening required by paragraph (1) with
regard to the real property and notify the Secretary concerned of the
results of the screening. The notice shall include--
``(A) the name of the Federal agency requesting transfer of
the property;
``(B) the proposed use to be made of the property by the
Federal agency; and
``(C) the fair market value of the property, including any
improvements thereon, as estimated by the Administrator.
``(2) If the Administrator fails to complete the screening and
notify the Secretary concerned within such period, the Secretary
concerned shall proceed with the conveyance of the real property as
provided in the provision of law authorizing or requiring the
conveyance.
[[Page 111 STAT. 1995]]
``(c) Notice of Further Federal Use.--If the Administrator of
General Services notifies the Secretary concerned under subsection (b)
that further Federal use of a parcel of real property authorized or
required to be conveyed by any provision of law is requested by a
Federal agency, the Secretary concerned shall submit a copy of the
notice to Congress.
``(d) Congressional Disapproval.--If the Secretary concerned submits
a notice under subsection (c) with regard to a parcel of real property,
the Secretary concerned may not proceed with the conveyance of the real
property as provided in the provision of law authorizing or requiring
the conveyance if Congress enacts a law rescinding the conveyance
authority or requirement before the end of the 180-day period beginning
on the date on which the Secretary concerned submits the notice.
``(e) Excepted Conveyance Authorities.--The screening requirements
of this section shall not apply to real property authorized or required
to be conveyed under any of the following provisions of law:
``(1) Section 2687 of this title.
``(2) Title II of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C.
2687 note).
``(3) The Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note).
``(4) Any provision of law authorizing the closure or
realignment of a military installation that is enacted after the
date of enactment of the National Defense Authorization Act for
Fiscal Year 1998.
``(5) Title II of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 481 et seq.).
``(6) Any specific provision of law authorizing or requiring
the transfer of administrative jurisdiction over a parcel of
real property between Federal agencies.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2695, as added
by section 2813, the following new item:
``2696. Screening of real property for further Federal use before
conveyance.''.
(b) Applicability.--Section <<NOTE: 10 USC 2696 note.>> 2696 of
title 10, United States Code, as added by subsection (a) of this
section, shall apply with respect to any real property authorized or
required to be conveyed under a provision of law covered by such section
that is enacted after December 31, 1997.
SEC. 2815. DISPOSITION OF PROCEEDS OF SALE OF AIR FORCE PLANT NO. 78,
BRIGHAM CITY, UTAH.
Notwithstanding 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 special
account in the Treasury (established under section 204(h)(2) of such
Act) as a result of the sale of Air Force Plant No. 78, Brigham City,
Utah, shall be available, to the extent provided in appropriations Acts,
to the Secretary of the Air Force for facility maintenance, facility
repair, and environmental restoration at other industrial plants of the
Air Force.
[[Page 111 STAT. 1996]]
SEC. 2816. FIRE PROTECTION AND HAZARDOUS MATERIALS PROTECTION AT FORT
MEADE, MARYLAND.
(a) Plan.--Not later than 120 days after the date of the enactment
of this Act, the Secretary of the Army shall submit to the congressional
defense committees a plan to address the
requirements for fire protection services and hazardous materials
protection services at Fort Meade, Maryland, including the National
Security Agency at Fort Meade, as identified in the preparedness
evaluation report of the Army Corps of Engineers regarding Fort Meade.
(b) Elements.--The plan shall include the following:
(1) A schedule for the implementation of the plan.
(2) A detailed list of funding options available to provide
centrally located modern facilities and equipment to meet
current requirements for fire protection services and hazardous
materials protection services at Fort Meade.
Subtitle C--Defense Base Closure and Realignment
SEC. 2821. CONSIDERATION OF MILITARY INSTALLATIONS AS SITES FOR NEW
FEDERAL FACILITIES.
(a) 1988 Law.--Section 204(b)(5) of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public Law 100-526; 10
U.S.C. 2687 note) is amended--
(1) in subparagraph (A), by striking out ``subparagraph
(B)'' and inserting in lieu thereof ``subparagraphs (B) and
(C)''; and
(2) by adding at the end the following new subparagraph:
``(C)(i) Before acquiring non-Federal real property as the location
for a new or replacement Federal facility of any type, the head of the
Federal agency acquiring the property shall consult with the Secretary
regarding the feasibility and cost advantages of using Federal property
or facilities at a military installation closed or realigned or to be
closed or realigned under this title as the location for the new or
replacement facility. In considering the availability and suitability of
a specific military installation, the Secretary and the head of the
Federal agency involved shall obtain the concurrence of the
redevelopment authority with respect to the installation and comply with
the redevelopment plan for the installation.
``(ii) Not <<NOTE: Reports.>> later than 30 days after acquiring
non-Federal real property as the location for a new or replacement
Federal facility, the head of the Federal agency acquiring the property
shall submit to Congress a report containing the results of the
consultation under clause (i) and the reasons why military installations
referred to in such clause that are located within the area to be served
by the new or replacement Federal facility or within a 200-mile radius
of the new or replacement facility, whichever area is greater, were
considered to be unsuitable or unavailable for the site of the new or
replacement facility.
``(iii) This subparagraph <<NOTE: Applicability. Effective
date. Termination date.>> shall apply during the period beginning on
the date of the enactment of the National Defense Authorization Act for
Fiscal Year 1998 and ending on July 31, 2001.''.
[[Page 111 STAT. 1997]]
(b) 1990 Law.--Section 2905(b)(5) of the Defense Base Closure and
Realignment Act of 1990 (Public Law 101-510; 10 U.S.C. 2687 note) is
amended--
(1) in subparagraph (A), by striking out ``subparagraph
(B)'' and inserting in lieu thereof ``subparagraphs (B) and
(C)''; and
(2) by adding at the end the following new subparagraph:
``(C)(i) Before acquiring non-Federal real property as the location
for a new or replacement Federal facility of any type, the head of the
Federal agency acquiring the property shall consult with the Secretary
regarding the feasibility and cost advantages of using Federal property
or facilities at a military installation closed or realigned or to be
closed or realigned under this part as the location for the new or
replacement facility. In considering the availability and suitability of
a specific military installation, the Secretary and the head of the
Federal agency involved shall obtain the concurrence of the
redevelopment authority with respect to the installation and comply with
the redevelopment plan for the installation.
``(ii) Not later <<NOTE: Reports.>> than 30 days after acquiring
non-Federal real property as the location for a new or replacement
Federal facility, the head of the Federal agency acquiring the property
shall submit to Congress a report containing the results of the
consultation under clause (i) and the reasons why military installations
referred to in such clause that are located within the area to be served
by the new or replacement Federal facility or within a 200-mile radius
of the new or replacement facility, whichever area is greater, were
considered to be unsuitable or unavailable for the site of the new or
replacement facility.
``(iii) This subparagraph <<NOTE: Applicability. Effective
date. Termination date.>> shall apply during the period beginning on
the date of the enactment of the National Defense Authorization Act for
Fiscal Year 1998 and ending on July 31, 2001.''.
SEC. 2822. ADJUSTMENT AND DIVERSIFICATION ASSISTANCE TO ENHANCE
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 new subparagraph:
``(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 in enhancing the capabilities of the
government to support efforts of the Department of Defense to privatize,
contract for, or diversify the performance of military family support
services in cases in which the capability of the Department to provide
such services is adversely affected by an action described in paragraph
(1).''.
SEC. 2823. SECURITY, FIRE PROTECTION, AND OTHER SERVICES AT PROPERTY
FORMERLY ASSOCIATED WITH RED RIVER ARMY DEPOT, TEXAS.
(a) Authority To Enter Into Agreement.--(1) The Secretary of the
Army may enter into an agreement with the local redevelopment authority
for Red River Army Depot, Texas, under which agreement the Secretary
provides security services, fire protection services, or hazardous
material response services for the authority with respect to the
property at the depot that is under the jurisdiction of the authority as
a result of the realignment of the depot under the base closure laws.
[[Page 111 STAT. 1998]]
(2) The Secretary may not enter into the agreement unless the
Secretary determines that the provision of services under the agreement
is in the best interests of the United States.
(b) Reimbursement.--The agreement under subsection (a) shall provide
for reimbursing the Secretary for the services provided by the Secretary
under the agreement.
(c) Treatment of Reimbursement.--Any amounts received by the
Secretary under subsection (b) as reimbursement for services provided
under the agreement entered into under subsection (a) shall be credited
to the appropriations providing funds for the services. Amounts so
credited shall be merged with the appropriations to which credited and
shall be available for the purposes, and subject to the conditions and
limitations, for which such appropriations are available.
SEC. 2824. <<NOTE: 10 USC 2687 note.>> REPORT ON CLOSURE AND
REALIGNMENT OF MILITARY INSTALLATIONS.
(a) Report.--(1) The Secretary of Defense shall prepare and submit
to the congressional defense committees a report on the costs and
savings attributable to the rounds of base closures and realignments
conducted under the base closure laws and on the need, if any, for
additional rounds of base closures and realignments.
(2) For purposes of this section, the term ``base closure laws''
means--
(A) title II of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C.
2687 note); and
(B) 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).
(b) Elements.--The report under subsection (a) shall include the
following:
(1) A statement, using data consistent with budget data, of
the actual costs and savings (to the extent available for prior
fiscal years) and the estimated costs and savings (in the case
of future fiscal years) attributable to the closure and
realignment of military installations as a result of the base
closure laws.
(2) A comparison, set forth by base closure round, of the
actual costs and savings stated under paragraph (1) to the
estimates of costs and savings submitted to the Defense Base
Closure and Realignment Commission as part of the base closure
process.
(3) A comparison, set forth by base closure round, of the
actual costs and savings stated under paragraph (1) to the
annual estimates of costs and savings previously submitted to
Congress.
(4) A list of each military installation at which there is
authorized to be employed 300 or more civilian personnel, set
forth by Armed Force.
(5) An estimate of current excess capacity at military
installations, set forth--
(A) as a percentage of the total capacity of the
military installations of the Armed Forces with respect
to all military installations of the Armed Forces;
[[Page 111 STAT. 1999]]
(B) as a percentage of the total capacity of the
military installations of each Armed Force with respect
to the military installations of such Armed Force; and
(C) as a percentage of the total capacity of a type
of military installations with respect to military
installations of such type.
(6) An assessment of the effect of the previous base closure
rounds on military capabilities and the ability of the Armed
Forces to fulfill the National Military Strategy.
(7) A description of the types of military installations
that would be recommended for closure or realignment in the
event of one or more additional base closure rounds, set forth
by Armed Force.
(8) The criteria to be used by the Secretary in evaluating
military installations for closure or realignment in such event.
(9) The methodologies to be used by the Secretary in
identifying military installations for closure or realignment in
such event.
(10) An estimate of the costs and savings that the Secretary
believes will be achieved as a result of the closure or
realignment of military installations in such event, set forth
by Armed Force and by year.
(11) An assessment of whether the costs and estimated
savings from one or more future rounds of base closures and
realignments, currently unauthorized, are already contained in
the current Future Years Defense Plan, and, if not, whether the
Secretary will recommend modifications in future defense
spending in order to accommodate such costs and savings.
(c) Method of Presenting Information.--The statement and comparison
required by paragraphs (1) and (2) of subsection (b) shall be set forth
by Armed Force, type of facility, and fiscal year, and include the
following:
(1) Operation and maintenance costs, including costs
associated with expanded operations and support, maintenance of
property, administrative support, and allowances for housing at
military installations to which functions are transferred as a
result of the closure or realignment of other installations.
(2) Military construction costs, including costs associated
with rehabilitating, expanding, and constructing facilities to
receive personnel and equipment that are transferred to military
installations as a result of the closure or realignment of other
installations.
(3) Environmental cleanup costs, including costs associated
with assessments and restoration.
(4) Economic assistance costs, including--
(A) expenditures on Department of Defense
demonstration projects relating to economic assistance;
(B) expenditures by the Office of Economic
Adjustment; and
(C) to the extent available, expenditures by the
Economic Development Administration, the Federal
Aviation Administration, and the Department of Labor
relating to economic assistance.
(5) To the extent information is available, unemployment
compensation costs, early retirement benefits (including
benefits paid under section 5597 of title 5, United States
Code), and worker retraining expenses under the Priority
Placement
[[Page 111 STAT. 2000]]
Program, the Job Training Partnership Act, and any other
federally funded job training program.
(6) Costs associated with military health care.
(7) Savings attributable to changes in military force
structure.
(8) Savings due to lower support costs with respect to
military installations that are closed or realigned.
(d) Deadline.--The Secretary shall submit the report under
subsection (a) not later than the date on which the President submits to
Congress the budget for fiscal year 2000 under section 1105(a) of title
31, United States Code.
(e) Review.--The Congressional Budget Office and the Comptroller
General shall conduct a review of the report prepared under subsection
(a).
(f) Prohibition on Use of Funds.--Except as necessary to prepare the
report required under subsection (a), no funds authorized to be
appropriated or otherwise made available to the Department of Defense by
this Act or any other Act may be used for the purposes of planning for,
or collecting data in anticipation of, an authorization providing for
procedures under which the closure and realignment of military
installations may be accomplished, until the later of--
(1) the date on which the Secretary submits the report
required by subsection (a); and
(2) the date on which the Congressional Budget Office and
the Comptroller General complete a review of the report under
subsection (e).
(g) Sense of Congress.--It is the sense of the Congress that--
(1) the Secretary should develop a system having the
capacity to quantify the actual costs and savings attributable
to the closure and realignment of military installations
pursuant to the base closure process; and
(2) the Secretary should develop the system in expedient
fashion, so that the system may be used to quantify costs and
savings attributable to the 1995 base closure round.
SEC. 2825. SENSE OF SENATE REGARDING UTILIZATION OF SAVINGS DERIVED FROM
BASE CLOSURE PROCESS.
(a) Findings.--The Senate makes the following findings:
(1) Since 1988, the Department of Defense has conducted four
rounds of closures and realignments of military installations in
the United States, resulting in the closure of 97 installations.
(2) The cost of carrying out the closure or realignment of
installations covered by such rounds is estimated by the
Secretary of Defense to be $23,000,000,000.
(3) The savings expected as a result of the closure or
realignment of such installations are estimated by the Secretary
to be $10,300,000,000 through fiscal year 1996 and
$36,600,000,000 through 2001.
(4) In addition to such savings, the Secretary has estimated
recurring savings as a result of the closure or realignment of
such installations of approximately $5,600,000,000 annually.
(5) The fiscal year 1997 budget request for the Department
assumed a savings of between $2,000,000,000 and $3,000,000,000
as a result of the closure or realignment of such installations,
which savings were to be dedicated to the
[[Page 111 STAT. 2001]]
modernization of the Armed Forces. The savings assumed in the
budget request were not realized.
(6) The fiscal year 1998 budget request for the Department
assumes a savings of $5,000,000,000 as a result of the closure
or realignment of such installations, which savings are to be
dedicated to the modernization of the Armed Forces.
(b) Sense of Senate on Use of Savings Resulting From Base Closure
Process.--It is the sense of the Senate that the savings identified in
the report under section 2824 should be made available to the Department
of Defense solely for purposes of the modernization of new weapon
systems (including research, development, test, and evaluation relating
to such modernization) and should be used by the Department solely for
such purposes.
SEC. 2826. PROHIBITION AGAINST CERTAIN CONVEYANCES OF PROPERTY AT NAVAL
STATION, LONG BEACH, CALIFORNIA.
(a) Prohibition Against Direct Conveyance.--In disposing of real
property in connection with the closure of Naval Station, Long Beach,
California, 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), the
Secretary of the Navy may not convey any portion of the property (by
sale, lease, or other method) to the China Ocean Shipping Company or any
legal successor or subsidiary of that Company (in this section referred
to as ``COSCO'').
(b) Prohibition Against Indirect Conveyance.--The Secretary of the
Navy shall impose as a condition on each conveyance of real property
located at Naval Station, Long Beach, California, the requirement that
the property may not be subsequently conveyed (by sale, lease, or other
method) to COSCO.
(c) Reversionary Interest.--If the Secretary of the Navy determines
at any time that real property located at Naval Station, Long Beach,
California, and conveyed under the Defense Base Closure and Realignment
Act of 1990 has been conveyed to COSCO in violation of subsection (b) or
is otherwise being used by COSCO in violation of such subsection, all
right, title, and interest in and to the property shall revert to the
United States, and the United States shall have immediate right of entry
thereon.
(d) National Security Report and Determination.--Not later than 30
days after the date of the enactment of this Act, the Secretary of
Defense and the Director of the Federal Bureau of Investigation shall
separately submit to the President and the congressional defense
committees a report regarding the potential national security
implications of conveying property described in subsection (a) to COSCO.
Each report shall specifically identify any increased risk of espionage,
arms smuggling, or other illegal activities that could result from a
conveyance to COSCO and recommend appropriate action to address any such
risk.
(e) Waiver Authority.--(1) The President may waive the prohibitions
contained in this section with respect to a conveyance of property
described in subsection (a) to COSCO if the President determines that--
(A) appropriate action has been taken to address any
increased national security risk identified in the reports
required by subsection (d); and
[[Page 111 STAT. 2002]]
(B) the conveyance would not adversely affect national
security or significantly increase the counter-intelligence
burden on the intelligence community.
(2) Any waiver <<NOTE: President. Notification.>> under paragraph
(1) shall take effect 30 days after the date on which the President
notifies the Speaker of the House of Representatives and the President
of the Senate of the President's determination to use the waiver
authority provided under this subsection.
Subtitle D--Land Conveyances
PART I--ARMY CONVEYANCES
SEC. 2831. LAND CONVEYANCE, ARMY RESERVE CENTER, GREENSBORO, ALABAMA.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to Hale County, Alabama, all right, title, and
interest of the United States in and to a parcel of real property
consisting of approximately 5.17 acres and located at the Army Reserve
Center, Greensboro, Alabama, that was conveyed by Hale County, Alabama,
to the United States by warranty deed dated September 12, 1988.
(b) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall be
as described in the deed referred to in that subsection.
(c) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2832. LAND CONVEYANCE, JAMES T. COKER ARMY RESERVE
CENTER, DURANT, OKLAHOMA.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to Big Five Community Services, Incorporated, a
nonprofit organization operating in Durant, Oklahoma, all right, title,
and interest of the United States in and to a parcel of real property
located at 1500 North First Street in Durant, Oklahoma, and containing
the James T. Coker Army Reserve Center, if the Secretary determines that
the Reserve Center is excess to the needs of the Armed Forces.
(b) Condition of Conveyance.--The conveyance authorized under
subsection (a) shall be subject to the condition that Big Five Community
Services, Incorporated, retain the conveyed property for educational
purposes.
(c) Reversion.--If the Secretary determines at any time that the
real property conveyed under subsection (a) is not being used for the
purpose specified in subsection (b), all right, title, and interest in
and to the real property, including any improvements thereon, shall
revert to the United States, and the United States shall have the right
of immediate entry thereon.
(d) Description of Property.--The exact acreage and legal
description of the 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 Big Five Community Services,
Incorporated.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with
[[Page 111 STAT. 2003]]
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2833. LAND CONVEYANCE, GIBSON ARMY RESERVE CENTER,
CHICAGO, ILLINOIS.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the Lawndale Business and Local Development
Corporation (in this section referred to as the ``Corporation''), a
nonprofit organization organized in the State of Illinois, all right,
title, and interest of the United States in and to a parcel of real
property, including improvements thereon, that is located at 4454 West
Cermak Road in Chicago, Illinois, and contains the Gibson Army Reserve
Center.
(b) Condition of Conveyance.--The conveyance under subsection (a)
shall be subject to the condition that the Corporation--
(1) use the conveyed property, directly or through an
agreement with a public or private entity, for economic
redevelopment purposes; or
(2) convey the property to an appropriate public or private
entity for use for such purposes.
(c) Reversion.--If the Secretary determines at any time that the
real property conveyed under subsection (a) is not being used for
economic redevelopment purposes, as required by 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.
(d) 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 Corporation.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2834. LAND CONVEYANCE, FORT A. P. HILL, VIRGINIA.
(a) Conveyance Authorized.--The Secretary of the Army may convey to
Caroline County, Virginia (in this section referred to as the
``County''), all right, title, and interest of the United States in and
to a parcel of unimproved real property consisting of approximately 10
acres located at Fort A. P. Hill, Virginia. The purpose of the
conveyance is to permit the County to establish a solid waste transfer
and recycling facility on the property.
(b) Consideration.--As consideration for the conveyance under
subsection (a), the County shall permit the Army, at no cost to the
Army, to dispose of not less than 1,800 tons of solid waste annually at
the facility established on the conveyed property. The obligation of the
County to accept solid waste under this subsection shall not commence
until after the solid waste transfer and recycling facility on the
conveyed property becomes operational, and the establishment of a solid
waste collection and transfer site on the .36-acre parcel described in
subsection (d)(2) shall not be construed to impose the obligation.
(c) Disclaimer.--The United States shall not be responsible for the
provision or cost of utilities or any other improvements necessary to
carry out the conveyance under subsection (a) or to
[[Page 111 STAT. 2004]]
establish or operate the solid waste transfer and recycling facility
intended for the property.
(d) Reversion.--(1) Except as provided in paragraph (2), if the
Secretary determines that a solid waste transfer and recycling facility
is not operational, before December 31, 1999, on the real property
conveyed under subsection (a), all right, title, and interest in and to
such real property, including any improvements thereon, shall revert to
the United States, and the United States shall have the right of
immediate entry thereon.
(2) Paragraph (1) shall not apply with respect to a parcel of
approximately .36 acres of the approximately 10-acre parcel to be
conveyed under subsection (a), which is included in the larger
conveyance to permit the County to establish a solid waste collection
and transfer site for residential waste.
(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. 2835. LAND CONVEYANCES, FORT DIX, NEW JERSEY.
(a) Conveyances Authorized.--(1) The Secretary of the Army may
convey, without consideration, to the Borough of Wrightstown, New Jersey
(in this section referred to as the ``Borough''), all right, title, and
interest of the United States in and to a parcel of real property
(including improvements thereon) consisting of approximately 39.69 acres
located at Fort Dix, New Jersey, for the purpose of permitting the
Borough to develop the parcel for economic purposes.
(2) The Secretary may convey, without consideration, to the New
Hanover Board of Education (in this section referred to as the
``Board''), all right, title, and interest of the United States in and
to an additional parcel of real property (including improvements
thereon) at Fort Dix consisting of approximately five acres for the
purpose of permitting the Board to develop the parcel for educational
purposes.
(b) Conditions of Conveyance.--(1) The conveyance under subsection
(a)(1) shall be subject to the condition that the Borough--
(A) use the conveyed property, directly or through an
agreement with a public or private entity, for economic
development purposes; or
(B) convey the property to an appropriate public or private
entity for use for such purposes.
(2) The conveyance under subsection (a)(2) shall be subject to the
condition that the Board develop and use the conveyed property for
educational purposes.
(c) Reversion.--(1) If the Secretary determines at any time that the
real property conveyed under subsection (a)(1) is not being used for
economic development purposes, as required by subsection (b)(1), all
right, title, and interest in and to the property conveyed under
subsection (a)(1), including any improvements thereon, shall revert to
the United States, and the United States shall have the right of
immediate entry thereon.
(2) If the Secretary determines at any time that the real property
conveyed under subsection (a)(2) is not being used for educational
purposes, as required by subsection (b)(2), all right, title, and
interest in and to the property conveyed under subsection (a)(2),
including any improvements thereon, shall revert to the
[[Page 111 STAT. 2005]]
United States, and the United States shall have the right of immediate
entry thereon.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by surveys satisfactory to the Secretary. The cost
of the survey in connection with the conveyance under subsection (a)(1)
shall be borne by the Borough, and the cost of the survey in connection
with the conveyance under subsection (a)(2) shall be borne by the Board.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyances under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2836. LAND CONVEYANCES, FORT BRAGG, NORTH CAROLINA.
(a) Conveyances Authorized.--(1) The Secretary of the Army may
convey, without consideration, to the Town of Spring Lake, North
Carolina (in this section referred to as the ``Town''), all right,
title, and interest of the United States in and to a parcel of
unimproved real property consisting of approximately 50 acres located at
Fort Bragg, North Carolina.
(2) The Secretary may convey, without consideration, to Harnett
County, North Carolina (in this section referred to as the ``County''),
all right, title, and interest of the United States in and to a parcel
of real property (including improvements thereon), known as Tract No.
404-2, consisting of approximately 157 acres located at Fort Bragg.
(3) The Secretary may convey, at fair market value, to the County
all right, title, and interest of the United States in and to a parcel
of real property (including improvements thereon), known as Tract No.
404-1, consisting of approximately 137 acres located at Fort Bragg.
(b) Conditions of Conveyance.--(1) The conveyance under subsection
(a)(1) shall be subject to the condition that the Town use the conveyed
property for access to a waste treatment facility and for economic
development purposes.
(2) The conveyance under subsection (a)(2) shall be subject to the
condition that the County develop and use the conveyed property for
educational purposes.
(c) Reversion.--(1) If the Secretary determines at any time that the
real property conveyed under subsection (a)(1) is not being used in
accordance with subsection (b)(1), all right, title, and interest in and
to the property conveyed under subsection (a)(1), including any
improvements thereon, shall revert to the United States, and the United
States shall have the right of immediate entry thereon.
(2) If the Secretary determines at any time that the real property
conveyed under subsection (a)(2) is not being used in accordance with
subsection (b)(2), all right, title, and interest in and to the property
conveyed under subsection (a)(2), including any improvements thereon,
shall revert to the United States, and the United States shall have the
right of immediate entry thereon.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by surveys satisfactory to the Secretary. The cost
of the survey in connection with the conveyance under subsection (a)(1)
shall be borne by the Town, and the cost of the
[[Page 111 STAT. 2006]]
survey in connection with the conveyances under paragraphs (2) and (3)
of subsection (a) shall be borne by the County.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyances under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2837. 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, for the purpose of
permitting the County to develop the parcel for economic purposes.
(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. 2838. EXPANSION OF LAND CONVEYANCE AUTHORITY, INDIANA ARMY
AMMUNITION PLANT, CHARLESTOWN, INDIANA.
(a) Additional Conveyance.--Subsection (a) of section 2858 of the
National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-
106; 110 Stat. 571) is amended--
(1) by inserting ``(1)'' before ``The Secretary of the
Army''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary may also convey to the State, without
consideration, an additional parcel of real property at the Indiana Army
Ammunition Plant consisting of approximately 500 acres located along the
Ohio River.''.
(b) Conforming Amendments.--Such section is further
amended by striking out ``conveyance'' both places it appears in
subsections (b) and (d) and inserting in lieu thereof ``conveyances''.
[[Page 111 STAT. 2007]]
SEC. 2839. MODIFICATION OF LAND CONVEYANCE, LOMPOC,
CALIFORNIA.
(a) Change in Authorized Uses of Land.--Section 834(b)(1) of the
Military Construction Authorization Act, 1985 (Public Law 98-407; 98
Stat. 1526), is amended by striking out subparagraphs (A) and (B) and
inserting in lieu thereof the following new subparagraphs:
``(A) for educational and recreational purposes;
``(B) for open space; or''.
(b) Conforming Deed Changes.--With respect to the land conveyance
made pursuant to section 834 of the Military Construction Authorization
Act, 1985, the Secretary of the Army shall execute and file in the
appropriate office or offices an amended deed or other appropriate
instrument effectuating the changes to the authorized uses of the
conveyed property resulting from the amendment made by subsection (a).
SEC. 2840. MODIFICATION OF LAND CONVEYANCE, ROCKY MOUNTAIN ARSENAL,
COLORADO.
Section 5(c)(1) of Public Law 102-402 (106 Stat. 1966; 16 U.S.C.
668dd note) is amended by striking out the second sentence and inserting
in lieu thereof the following new sentence: ``The Administrator shall
convey the transferred property to Commerce City, Colorado, for
consideration in an amount equal to the fair market value of the
property (as determined jointly by the Administrator and the City).''.
SEC. 2841. 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 ``the County'' and inserting in lieu
thereof ``the Board''.
PART II--NAVY CONVEYANCES
SEC. 2851. 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 conveyed
property for educational purposes.
(c) Reversion.--If the Secretary determines at any time that the
real property conveyed under subsection (a) is not being used for the
purpose specified in subsection (b), all right, title, and
[[Page 111 STAT. 2008]]
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 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 District.
(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. 2852. 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) Reversion.--If, during the five-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.
[[Page 111 STAT. 2009]]
(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. 2853. CORRECTION OF LEASE AUTHORITY, NAVAL AIR STATION, MERIDIAN,
MISSISSIPPI.
(a) Correction of Lessee.--Subsection (a) of section 2837 of the
Military Construction Authorization Act for Fiscal Year 1997 (division B
of Public Law 104-201; 110 Stat. 2798) is amended--
(1) by striking out ``State of Mississippi (in this section
referred to as the `State')'' and inserting in lieu thereof
``County of Lauderdale, Mississippi (in this section referred to
as the `County')''; and
(2) by striking out ``The State'' and inserting in lieu
thereof ``The County''.
(b) Conforming Amendments.--Subsections (b) and (c) of such section
are amended by striking out ``State'' each place it appears and
inserting in lieu thereof ``County''.
PART III--AIR FORCE CONVEYANCES
SEC. 2861. LAND TRANSFER, EGLIN AIR FORCE BASE, FLORIDA.
(a) Transfer.--The real property withdrawn by Executive Order 4525,
dated October 1, 1826, which consists of approximately 440 acres of land
at Cape San Blas, Gulf County, Florida, and any improvements thereon, is
transferred from the administrative jurisdiction of the Secretary of
Transportation to the administrative jurisdiction of the Secretary of
the Air Force, without reimbursement. Executive Order 4525 is revoked,
and the transferred real property shall be administered by the Secretary
of the Air Force pursuant to the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 471 et seq.) and such other laws as may
be applicable to Federal real property.
(b) Use of Property.--The real property transferred under subsection
(a) may be used in conjunction with operations at Eglin Air Force Base,
Florida.
(c) Legal Description.--The exact acreage and legal description of
the real property to be transferred under subsection (a) shall be
determined by a survey satisfactory to the Secretary of the Air Force.
The cost of the survey shall be borne by the Secretary of the Air Force.
[[Page 111 STAT. 2010]]
SEC. 2862. LAND CONVEYANCE, MARCH AIR FORCE BASE, CALIFORNIA.
(a) Conveyance Authorized.--(1) The Secretary of the Air Force may
convey to Air Force Village West, Incorporated (in this section referred
to as the ``Corporation''), of Riverside, California, all right, title,
and interest of the United States in and to a parcel of real property
located at March Air Force Base, California, and consisting of
approximately 75 acres, as more fully described in subsection (c).
(2) If the Secretary does not make the conveyance authorized by
paragraph (1) to the Corporation on or before January 1, 2006, the
Secretary shall convey the real property instead to the March Joint
Powers Authority, the redevelopment authority established for March Air
Force Base.
(b) Consideration.--As consideration for the conveyance under
subsection (a)(1), the Corporation shall pay to the United States an
amount equal to the fair market value of the real property, as
determined by the Secretary.
(c) Land Description.--The real property to be conveyed under
subsection (a) is contiguous to land conveyed to the Corporation
pursuant to section 835 of the Military Construction Authorization Act,
1985 (Public Law 98-407; 98 Stat. 1527), and lies within sections 27,
28, 33, and 34 of Township 3 South, Range 4 West, San Bernardino Base
and Meridian, County of Riverside, California. The exact acreage and
legal description of the real property shall be determined by a survey
satisfactory to the Secretary. The cost of the survey shall be borne by
the party receiving the property.
(d) Technical Corrections Regarding Previous Conveyance.--Section
835 of the Military Construction Authorization Act, 1985 (Public Law 98-
407; 98 Stat. 1527), is amended--
(1) in subsection (b), by striking out ``subsection (b)''
and inserting in lieu thereof ``subsection (a)''; and
(2) in subsection (c), by striking out ``Clark Street,'' and
all that follows through the period and inserting in lieu
thereof ``Village West Drive, on the west by Allen Avenue, on
the south by 8th Street, and the north is an extension of 11th
Street between Allen Avenue and Clark Street.''.
SEC. 2863. LAND CONVEYANCE, ELLSWORTH AIR FORCE BASE, SOUTH DAKOTA.
(a) Conveyance Authorized.--The Secretary of the Air Force may
convey, without consideration, to the Greater Box Elder Area Economic
Development Corporation, Box Elder, South Dakota (in this section
referred to as the ``Corporation''), all right, title, and interest of
the United States in and to the parcels of real property located at
Ellsworth Air Force Base, South Dakota, referred to in subsection (b).
(b) Covered Property.--(1) Subject to paragraph (2), the real
property referred to in subsection (a) is the following:
(A) A parcel of real property, together with any
improvements thereon, consisting of approximately 53.32 acres
and comprising the Skyway Military Family Housing Area.
(B) A parcel of real property, together with any
improvements thereon, consisting of approximately 137.56 acres
and comprising the Renal Heights Military Family Housing Area.
(C) A parcel of real property, together with any
improvements thereon, consisting of approximately 14.92 acres
and comprising the East Nike Military Family Housing Area.
[[Page 111 STAT. 2011]]
(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 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 subsection (b)(1)(A), together with any
improvements thereon, consisting of approximately 20 acres to
the Douglas School District, South Dakota, for use for education
purposes.
(d) Reversion.--If the Secretary determines that any portion of the
real property conveyed under subsection (a) is not being used in
accordance with the applicable provision of subsection (c), all right,
title, and interest in and to that portion of the real property,
including any improvements thereon, 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 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 Corporation.
(f) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2864. LAND CONVEYANCE, HANCOCK FIELD, SYRACUSE, NEW YORK.
(a) Conveyance Authorized.--(1) The Secretary of the Air Force may
convey, without consideration, to Onondaga County, New York (in this
section referred to as the ``County''), all right, title, and interest
of the United States in and to a parcel of real property, including any
improvements thereon, consisting of approximately 14.9 acres and located
at Hancock Field, Syracuse, New York, the site of facilities no longer
required for use by the 152nd Air Control Group of the New York Air
National Guard.
(2) If, at the time of the conveyance authorized by paragraph (1),
the property to be conveyed is under the jurisdiction of the
Administrator of General Services rather than the Secretary, the
Administrator shall make the conveyance.
[[Page 111 STAT. 2012]]
(b) Condition of Conveyance.--The conveyance authorized by
subsection (a) shall be subject to the condition that the County use the
property conveyed for economic development purposes.
(c) Reversion.--If the Secretary (or the Administrator in the event
the conveyance is made by the Administrator) determines at any time that
the property conveyed pursuant to this section is not being used for the
purposes specified in subsection (b), all right, title, and interest in
and to the property, including any improvements thereon, shall revert to
the United States, and the United States shall have the right of
immediate entry thereon.
(d) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary (or the
Administrator in the event the conveyance is made by the Administrator).
The cost of the survey shall be borne by the County.
(e) Additional Terms and Conditions.--The Secretary (or the
Administrator in the event the conveyance is made by the Administrator)
may require such additional terms and conditions in connection with the
conveyance under subsection (a) as the Secretary or the Administrator,
as the case may be, considers appropriate to protect the interests of
the United States.
SEC. 2865. LAND CONVEYANCE, HAVRE AIR FORCE STATION, MONTANA, AND HAVRE
TRAINING SITE, MONTANA.
(a) Conveyance Authorized.--(1) The Secretary of the Air Force may
convey, without consideration, to the Bear Paw Development Corporation,
Havre, Montana (in this section referred to as the ``Corporation''),
all, right, title, and interest of the United States in and to the real
property described in paragraph (2).
(2) The authority in paragraph (1) applies to the following real
property:
(A) A parcel of real property, including any improvements
thereon, consisting of approximately 85 acres and comprising the
Havre Air Force Station, Montana.
(B) A parcel of real property, including any improvements
thereon, consisting of approximately 9 acres and comprising the
Havre Training Site, Montana.
(b) Conditions of Conveyance.--The conveyance authorized by
subsection (a) shall be subject to the following conditions:
(1) That the Corporation--
(A) convey to the Box Elder School District 13G,
Montana, 10 single-family homes located on the property
to be conveyed under that subsection as jointly agreed
upon by the Corporation and the school district; and
(B) grant the school district access to the property
for purposes of removing the homes from the property.
(2) That the Corporation--
(A) convey to the Hays/Lodgepole School District 50,
Montana--
(i) 27 single-family homes located on the
property to be conveyed under that subsection as
jointly agreed upon by the Corporation and the
school district;
(ii) one barracks housing unit located on the
property;
(iii) two steel buildings (nos. 7 and 8)
located on the property;
[[Page 111 STAT. 2013]]
(iv) two tin buildings (nos. 37 and 44)
located on the property; and
(v) miscellaneous personal property located on
the property that is associated with the buildings
conveyed under this subparagraph; and
(B) grant the school district access to the property
for purposes of removing such homes and buildings, the
housing unit, and such personal property from the
property.
(3) That the Corporation--
(A) convey to the District 4 Human Resources
Development Council, Montana, eight single-family homes
located on the property to be conveyed under that
subsection as jointly agreed upon by the Corporation and
the council; and
(B) grant the council access to the property for
purposes of removing such homes from the property.
(4) That any property conveyed under subsection (a) that is
not conveyed under this subsection be used for economic
development purposes or housing purposes.
(c) Reversion.--If the Secretary determines at any time that the
portion of the property conveyed under subsection (a) which is covered
by the condition specified in subsection (b)(4) is not being used for
the purposes specified in that subsection, all right, title, and
interest in and to such property, including any improvements thereon,
shall revert to the United States, and the United States shall have the
right of immediate entry thereon.
(d) Description of Property.--The exact acreages and legal
description of the parcels of property to be conveyed under subsection
(a) shall be determined by surveys satisfactory to the Secretary. The
cost of the surveys shall be borne by the Corporation.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2866. 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
[[Page 111 STAT. 2014]]
(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. 2867. STUDY OF LAND EXCHANGE OPTIONS, SHAW AIR FORCE BASE, SOUTH
CAROLINA.
Section 2874 of the Military Construction Authorization Act for
Fiscal Year 1996 (division B of Public Law 104-106; 110 Stat. 583) is
amended by adding at the end the following new subsection:
``(g) Study of Exchange Options.--To facilitate the use of a land
exchange to acquire the real property described in subsection (a), the
Secretary shall conduct a study to identify real property in the
possession of the Air Force (located in the State of South Carolina or
elsewhere) that satisfies the requirements of subsection (b)(2), is
acceptable to the party holding the property to be acquired, and is
otherwise <<NOTE: Reports.>> suitable for exchange under this section.
Not later than three months after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 1998, the Secretary
shall submit to Congress a report containing the results of the
study.''.
Subtitle E--Other Matters
SEC. 2871. REPEAL OF REQUIREMENT TO OPERATE NAVAL ACADEMY DAIRY FARM.
(a) Operation.--(1) Chapter 603 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 6976. Operation of Naval Academy dairy farm
``(a) Discretion Regarding Continued Operation.--(1) Subject to
paragraph (2), the Secretary of the Navy may terminate or reduce the
dairy or other operations conducted at the Naval Academy dairy farm
located in Gambrills, Maryland.
``(2) Notwithstanding the termination or reduction of operations at
the Naval Academy dairy farm under paragraph (1), the real property
containing the dairy farm (consisting of approximately 875 acres)--
``(A) may not be declared to be excess real property to the
needs of the Navy or transferred or otherwise disposed of by the
Navy or any Federal agency; and
``(B) shall be maintained in its rural and agricultural
nature.
``(b) Lease Authority.--(1) Subject to paragraph (2), to the extent
that the termination or reduction of operations at the Naval Academy
dairy farm permit, the Secretary of the Navy may lease the real property
containing the dairy farm, and any improvements and personal property
thereon, to such persons and under such terms as the Secretary considers
appropriate. In leasing any of
[[Page 111 STAT. 2015]]
the property, the Secretary may give a preference to persons who will
continue dairy operations on the property.
``(2) Any lease of property at the Naval Academy dairy farm shall be
subject to a condition that the lessee maintain the rural and
agricultural nature of the leased property.
``(c) Effect of Other Laws.--Nothing in section 6971 of this title
shall be construed to require the Secretary of the Navy or the
Superintendent of the Naval Academy to operate a dairy farm for the
Naval Academy in Gambrills, Maryland, or any other location.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``6976. Operation of Naval Academy dairy farm.''.
(b) Conforming Repeal of Existing Requirements.--Section 810 of the
Military Construction Authorization Act, 1968 (Public Law 90-110; 81
Stat. 309), is repealed.
(c) Other 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. 2872. LONG-TERM LEASE OF PROPERTY, NAPLES, ITALY.
(a) Authority.--Subject to subsection (d), the Secretary of the Navy
may acquire by long-term lease structures and real property relating to
a regional hospital complex in Naples, Italy, that the Secretary
determines to be necessary for purposes of the Naples Improvement
Initiative.
(b) Lease Term.--Notwithstanding section 2675 of title 10, United
States Code, the lease authorized by subsection (a) shall be for a term
of not more than 20 years.
(c) Expiration of Authority.--The authority of the Secretary to
enter into a lease under subsection (a) shall expire on September 30,
2002.
(d) Authority Contingent on Appropriations Acts.--The authority of
the Secretary to enter into a lease under subsection (a) is available
only to the extent or in the amount provided in advance in
appropriations Acts.
SEC. 2873. DESIGNATION OF MILITARY FAMILY HOUSING AT LACKLAND AIR FORCE
BASE, TEXAS, IN HONOR OF FRANK TEJEDA, A FORMER MEMBER OF
THE HOUSE OF REPRESENTATIVES.
The military family housing developments to be constructed at two
locations on Government property at Lackland Air Force Base, Texas,
under the authority of subchapter IV of chapter 169 of title 10, United
States Code, shall be designated by the Secretary of the Air Force, at
an appropriate time, as follows:
(1) The eastern development shall be designated as ``Frank
Tejeda Estates East''.
(2) The western development shall be designated as ``Frank
Tejeda Estates West''.
SEC. 2874. FIBER-OPTICS BASED TELECOMMUNICATIONS LINKAGE OF MILITARY
INSTALLATIONS.
(a) Installation Required.--In at least one metropolitan area of the
United States containing multiple military installations of
[[Page 111 STAT. 2016]]
one or more military departments or Defense Agencies, the Secretary of
Defense shall provide for the installation of fiber-optics based
telecommunications technology to link as many of the installations in
the area as practicable in a telecommunications network. The Secretary
shall use a full and open competitive process, consistent with section
2304 of title 10, United States Code, to provide for the installation of
the telecommunications network through one or more new contracts.
(b) Features of Network.--The telecommunications network shall
provide direct access to local and long distance telephone carriers,
allow for transmission of both classified and unclassified information,
and take advantage of the various capabilities of fiber-optics based
telecommunications technology.
(c) Time for Request for Bids or Proposals.--Not later than March
30, 1998, the Secretary of Defense shall release a final request for
bids or proposals to provide the telecommunications network or networks
described in subsection (a).
(d) Report on Implementation.--Not later than December 31, 1998, the
Secretary of Defense shall submit to the congressional defense
committees a report on the implementation of subsection (c), including
the metropolitan area or areas selected for the installation of a fiber-
optics based telecommunications network, the current telecommunication
costs for the Department of Defense in the selected area or areas, the
estimated cost of the fiber-optics based network, and potential areas
for the future use of fiber-optics based networks.
TITLE XXIX <<NOTE: Sikes Act Improvement Act of 1997. Natural
resources. Fish and wildlife.>> --SIKES ACT IMPROVEMENT
Sec. 2901. Short title.
Sec. 2902. Definition of Sikes Act for purposes of amendments.
Sec. 2903. Codification of short title of Act.
Sec. 2904. Preparation of integrated natural resources management plans.
Sec. 2905. Review for preparation of integrated natural resources
management plans.
Sec. 2906. Transfer of wildlife conservation fees from closed military
installations.
Sec. 2907. Annual reviews and reports.
Sec. 2908. Cooperative agreements.
Sec. 2909. Federal enforcement.
Sec. 2910. Natural resources management services.
Sec. 2911. Definitions.
Sec. 2912. Repeal of superseded provision.
Sec. 2913. Technical amendments.
Sec. 2914. Authorizations of appropriations.
SEC. 2901. <<NOTE: 16 USC 670 note.>> SHORT TITLE.
This title may be cited as the ``Sikes Act Improvement Act of
1997''.
SEC. 2902. DEFINITION OF SIKES ACT FOR PURPOSES OF AMENDMENTS.
In this title, the term ``Sikes Act'' means the Act entitled ``An
Act to promote effectual planning, development, maintenance, and
coordination of wildlife, fish, and game conservation and rehabilitation
in military reservations'', approved September 15, 1960 (16 U.S.C. 670a
et seq.), commonly referred to as the ``Sikes Act''.
SEC. 2903. CODIFICATION OF SHORT TITLE OF ACT.
The Sikes Act (16 U.S.C. 670a et seq.) is amended by inserting
before title I the following new section:
[[Page 111 STAT. 2017]]
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Sikes Act'.''.
SEC. 2904. PREPARATION OF INTEGRATED NATURAL RESOURCES MANAGEMENT PLANS.
(a) In General.--Section 101 of the Sikes Act (16 U.S.C. 670a(a)) is
amended by striking out subsection (a) and inserting in lieu thereof the
following new subsection:
``(a) Authority of Secretary of Defense.--
``(1) Program.--
``(A) In general.--The Secretary of Defense shall
carry out a program to provide for the conservation and
rehabilitation of natural resources on military
installations.
``(B) Integrated natural resources management
plan.--To facilitate the program, the Secretary of each
military department shall prepare and implement an
integrated natural resources management plan for each
military installation in the United States under the
jurisdiction of the Secretary, unless the Secretary
determines that the absence of significant natural
resources on a particular installation makes preparation
of such a plan inappropriate.
``(2) Cooperative preparation.--The Secretary of a military
department shall prepare each integrated natural resources
management plan for which the Secretary is responsible in
cooperation with the Secretary of the Interior, acting through
the Director of the United States Fish and Wildlife Service, and
the head of each appropriate State fish and wildlife agency for
the State in which the military installation concerned is
located. Consistent with paragraph (4), the resulting plan for
the military installation shall reflect the mutual agreement of
the parties concerning conservation, protection, and management
of fish and wildlife resources.
``(3) Purposes of program.--Consistent with the use of
military installations to ensure the preparedness of the Armed
Forces, the Secretaries of the military departments shall carry
out the program required by this subsection to provide for--
``(A) the conservation and rehabilitation of natural
resources on military installations;
``(B) the sustainable multipurpose use of the
resources, which shall include hunting, fishing,
trapping, and nonconsumptive uses; and
``(C) subject to safety requirements and military
security, public access to military installations to
facilitate the use.
``(4) Effect on other law.--Nothing in this title--
``(A)(i) affects any provision of a Federal law
governing the conservation or protection of fish and
wildlife resources; or
``(ii) enlarges or diminishes the responsibility and
authority of any State for the protection and management
of fish and resident wildlife; or
``(B) except as specifically provided in the other
provisions of this section and in section 102,
authorizes the Secretary of a military department to
require a Federal license or permit to hunt, fish, or
trap on a military installation.''.
[[Page 111 STAT. 2018]]
(b) Conforming Amendments.--Title I of the Sikes Act is amended--
(1) in section 101(b)(4) (16 U.S.C. 670a(b)(4)), by striking
out ``cooperative plan'' each place it appears and inserting in
lieu thereof ``integrated natural resources management plan'';
(2) in section 101(c) (16 U.S.C. 670a(c)), in the matter
preceding paragraph (1), by striking out ``a cooperative plan''
and inserting in lieu thereof ``an integrated natural resources
management plan'';
(3) in section 101(d) (16 U.S.C. 670a(d)), in the matter
preceding paragraph (1), by striking out ``cooperative plans''
and inserting in lieu thereof ``integrated natural resources
management plans'';
(4) in section 101(e) (16 U.S.C. 670a(e)), by striking out
``Cooperative plans'' and inserting in lieu thereof ``Integrated
natural resources management plans'';
(5) in section 102 (16 U.S.C. 670b), by striking out ``a
cooperative plan'' and inserting in lieu thereof ``an integrated
natural resources management plan'';
(6) in section 103 (16 U.S.C. 670c), by striking out ``a
cooperative plan'' and inserting in lieu thereof ``an integrated
natural resources management plan'';
(7) in section 106(a) (16 U.S.C. 670f(a)), by striking out
``cooperative plans'' and inserting in lieu thereof ``integrated
natural resources management plans''; and
(8) in section 106(c) (16 U.S.C. 670f(c)), by striking out
``cooperative plans'' and inserting in lieu thereof ``integrated
natural resources management plans''.
(c) Required Elements of Plans.--Section 101(b) of the Sikes Act (16
U.S.C. 670a(b)) is amended--
(1) by striking out ``(b) Each cooperative'' and all that
follows through the end of paragraph (1) and inserting in lieu
thereof the following:
``(b) Required Elements of Plans.--Consistent with the use of
military installations to ensure the preparedness of the Armed Forces,
each integrated natural resources management plan prepared under
subsection (a)--
``(1) shall, to the extent appropriate and applicable,
provide for--
``(A) fish and wildlife management, land management,
forest management, and fish- and wildlife-oriented
recreation;
``(B) fish and wildlife habitat enhancement or
modifications;
``(C) wetland protection, enhancement, and
restoration, where necessary for support of fish,
wildlife, or plants;
``(D) integration of, and consistency among, the
various activities conducted under the plan;
``(E) establishment of specific natural resource
management goals and objectives and time frames for
proposed action;
``(F) sustainable use by the public of natural
resources to the extent that the use is not inconsistent
with the needs of fish and wildlife resources;
[[Page 111 STAT. 2019]]
``(G) public access to the military installation
that is necessary or appropriate for the use described
in subparagraph (F), subject to requirements necessary
to ensure safety and military security;
``(H) enforcement of applicable natural resource
laws (including regulations);
``(I) no net loss in the capability of military
installation lands to support the military mission of
the installation; and
``(J) such other activities as the Secretary of the
military department determines appropriate;'';
(2) in paragraph (2), by adding ``and'' at the end;
(3) by striking out paragraph (3);
(4) by redesignating paragraph (4) as paragraph (3); and
(5) in paragraph (3)(A) (as so redesignated), by striking
out ``collect the fees therefor,'' and inserting in lieu thereof
``collect, spend, administer, and account for fees for the
permits,''.
SEC. 2905. <<NOTE: 16 USC 670a note.>> REVIEW FOR PREPARATION OF
INTEGRATED NATURAL RESOURCES MANAGEMENT PLANS.
(a) Definitions.--In this section, the terms ``military
installation'' and ``United States'' have the meanings provided in
section 100 of the Sikes Act (as added by section 2911).
(b) Review of Military Installations.--
(1) Review.--Not later than 270 days after the date of
enactment of this Act, the Secretary of each military department
shall--
(A) review each military installation in the United
States that is under the jurisdiction of that Secretary
to determine the military installations for which the
preparation of an integrated natural resources
management plan under section 101 of the Sikes Act (as
amended by this title) is appropriate; and
(B) submit <<NOTE: Reports.>> to the Secretary of
Defense a report on the determinations.
(2) Report to congress.--Not later than one year after the
date of enactment of this Act, the Secretary of Defense shall
submit to Congress a report on the reviews conducted under
paragraph (1). The report shall include--
(A) a list of the military installations reviewed
under paragraph (1) for which the Secretary of the
appropriate military department determines that the
preparation of an integrated natural resources
management plan is not appropriate; and
(B) for each of the military installations listed
under subparagraph (A), an explanation of each reason
such a plan is not appropriate.
(c) Deadline for Integrated Natural Resources Management Plans.--Not
later than three years after the date of the submission of the report
required under subsection (b)(2), the Secretary of each military
department shall, for each military installation with respect to which
the Secretary has not determined under subsection (b)(2)(A) that
preparation of an integrated natural resources management plan is not
appropriate--
[[Page 111 STAT. 2020]]
(1) prepare and begin implementing such a plan in accordance
with section 101(a) of the Sikes Act (as amended by this title);
or
(2) in the case of a military installation for which there
is in effect a cooperative plan under section 101(a) of the
Sikes Act on the day before the date of enactment of this Act,
complete negotiations with the Secretary of the Interior and the
heads of the appropriate State agencies regarding changes to the
plan that are necessary for the plan to constitute an integrated
natural resources management plan that complies with that
section, as amended by this title.
(d) Public Comment.--The Secretary of each military department shall
provide an opportunity for the submission of public comments on--
(1) integrated natural resources management plans proposed
under subsection (c)(1); and
(2) changes to cooperative plans proposed under subsection
(c)(2).
SEC. 2906. TRANSFER OF WILDLIFE CONSERVATION FEES FROM CLOSED MILITARY
INSTALLATIONS.
Section 101(b)(3)(B) of the Sikes Act (16 U.S.C. 670a(b)) (as
redesignated by section 2904(c)(4)) is amended by inserting before the
period at the end the following: ``, unless the military installation is
subsequently closed, in which case the fees may be transferred to
another military installation to be used for the same purposes''.
SEC. 2907. ANNUAL REVIEWS AND REPORTS.
Section 101 of the Sikes Act (16 U.S.C. 670a) is amended by adding
at the end the following new subsection:
``(f) Reviews and Reports.--
``(1) Secretary of defense.--Not later than March 1 of each
year, the Secretary of Defense shall review the extent to which
integrated natural resources management plans were prepared or
were in effect and implemented in accordance with this title in
the preceding year, and submit a report on the findings of the
review to the committees. Each report shall include--
``(A) the number of integrated natural resources
management plans in effect in the year covered by the
report, including the date on which each plan was issued
in final form or most recently revised;
``(B) the amounts expended on conservation
activities conducted pursuant to the plans in the year
covered by the report; and
``(C) an assessment of the extent to which the plans
comply with this title.
``(2) Secretary of the interior.--Not later than March 1 of
each year and in consultation with the heads of State fish and
wildlife agencies, the Secretary of the Interior shall submit a
report to the committees on the amounts expended by the
Department of the Interior and the State fish and wildlife
agencies in the year covered by the report on conservation
activities conducted pursuant to integrated natural resources
management plans.
``(3) Definition of committees.--In this subsection, the
term `committees' means--
[[Page 111 STAT. 2021]]
``(A) the Committee on Resources and the Committee
on National Security of the House of Representatives;
and
``(B) the Committee on Armed Services and the
Committee on Environment and Public Works of the
Senate.''.
SEC. 2908 COOPERATIVE AGREEMENTS.
Section 103a of the Sikes Act (16 U.S.C. 670c-1) is amended--
(1) in subsection (a), by striking out ``Secretary of
Defense'' and inserting in lieu thereof ``Secretary of a
military department'';
(2) by striking out subsection (b) and inserting in lieu
thereof the following new subsection:
``(b) Multiyear Agreements.--Funds appropriated to the Department of
Defense for a fiscal year may be obligated to cover the cost of goods
and services provided under a cooperative agreement entered into under
subsection (a) or through an agency agreement under section 1535 of
title 31, United States Code, during any 18-month period beginning in
that fiscal year, without regard to whether the agreement crosses fiscal
years.''.
SEC. 2909. FEDERAL ENFORCEMENT.
Title I of the Sikes Act is amended--
(1) by redesignating section 106 (16 U.S.C. 670f) as section
108; and
(2) by inserting after section 105 (16 U.S.C. 670e) the
following new section:
``SEC. 106. <<NOTE: 16 USC 670e-1.>> FEDERAL ENFORCEMENT OF OTHER LAWS.
``All Federal laws relating to the management of natural resources
on Federal land may be enforced by the Secretary of Defense with respect
to violations of the laws that occur on military installations within
the United States.''.
SEC. 2910. NATURAL RESOURCES MANAGEMENT SERVICES.
Title I of the Sikes Act is amended by inserting after section 106
(as added by section 2909) the following new section:
``SEC. 107. <<NOTE: 16 USC 670e-2.>> NATURAL RESOURCES MANAGEMENT
SERVICES.
``To the extent practicable using available resources, the Secretary
of each military department shall ensure that sufficient numbers of
professionally trained natural resources management personnel and
natural resources law enforcement personnel are available and assigned
responsibility to perform tasks necessary to carry out this title,
including the preparation and implementation of integrated natural
resources management plans.''.
SEC. 2911. DEFINITIONS.
Title I of the Sikes Act is amended by inserting before section 101
(16 U.S.C. 670a) the following new section:
``SEC. <<NOTE: 16 USC 670.>> 100. DEFINITIONS.
``In this title:
``(1) Military installation.--The term `military
installation'--
``(A) means any land or interest in land owned by
the United States and administered by the Secretary of
Defense or the Secretary of a military department,
except
[[Page 111 STAT. 2022]]
land under the jurisdiction of the Assistant Secretary
of the Army having responsibility for civil works;
``(B) includes all public lands withdrawn from all
forms of appropriation under public land laws and
reserved for use by the Secretary of Defense or the
Secretary of a military department; and
``(C) does not include any land described in
subparagraph (A) or (B) that is subject to an approved
recommendation for closure under the Defense Base
Closure and Realignment Act of 1990 (part A of title
XXIX of Public Law 101-510; 10 U.S.C. 2687 note).
``(2) State fish and wildlife agency.--The term `State fish
and wildlife agency' means the one or more agencies of State
government that are responsible under State law for managing
fish or wildlife resources.
``(3) United states.--The term `United States' means the
States, the District of Columbia, and the territories and
possessions of the United States.''.
SEC. 2912. REPEAL OF SUPERSEDED PROVISION.
Section 2 of the Act of October 27, 1986 (Public Law 99-561; 16
U.S.C. 670a-1), is repealed.
SEC. 2913. TECHNICAL AMENDMENTS.
Title I of the Sikes Act, as amended by this title, is amended--
(1) in the heading for the title, by striking out ``MILITARY
RESERVATIONS'' and inserting in lieu thereof ``MILITARY
INSTALLATIONS'';
(2) in section 101(b)(3) (16 U.S.C. 670a(b)(3)), as
redesignated by section 2904(c)(4)--
(A) in subparagraph (A), by striking out ``the
reservation'' and inserting in lieu thereof ``the
installation''; and
(B) in subparagraph (B), by striking out ``the
military reservation'' and inserting in lieu thereof
``the military installation'';
(3) in section 101(c) (16 U.S.C. 670a(c))--
(A) in paragraph (1), by striking out ``a military
reservation'' and inserting in lieu thereof ``a military
installation''; and
(B) in paragraph (2), by striking out ``the
reservation'' and inserting in lieu thereof ``the
installation'';
(4) in section 101(e) (16 U.S.C. 670a(e)), by striking ``the
Federal Grant and Cooperative Agreement Act of 1977 (41 U.S.C.
501 et seq.)'' and inserting ``chapter 63 of title 31, United
States Code'';
(5) in section 102 (16 U.S.C. 670b), by striking out
``military reservations'' and inserting in lieu thereof
``military installations''; and
(6) in section 103 (16 U.S.C. 670c)--
(A) by striking out ``military reservations'' and
inserting in lieu thereof ``military installations'';
and
(B) by striking out ``such reservations'' and
inserting in lieu thereof ``the installations''.
SEC. 2914. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Conservation Programs on Military Installations.--Subsections
(b) and (c) of section 108 of the Sikes Act (as redesignated by section
2909(1)) are each amended by striking out ``1983''
[[Page 111 STAT. 2023]]
and all that follows through ``1993,'' and inserting in lieu thereof
``1998 through 2003,''.
(b) Conservation Programs on Public Lands.--Section 209 of the Sikes
Act (16 U.S.C. 670o) is amended--
(1) in subsection (a), by striking out ``the sum of
$10,000,000'' and all that follows through ``to enable the
Secretary of the Interior'' and inserting in lieu thereof
``$4,000,000 for each of fiscal years 1998 through 2003, to
enable the Secretary of the Interior''; and
(2) in subsection (b), by striking out ``the sum of
$12,000,000'' and all that follows through ``to enable the
Secretary of Agriculture'' and inserting in lieu thereof
``$5,000,000 for each of fiscal years 1998 through 2003, to
enable the Secretary of Agriculture''.
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 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.
Sec. 3129. Transfers of defense environmental management funds.
Subtitle C--Program Authorizations, Restrictions, and Limitations
Sec. 3131. Memorandum of understanding for use of national laboratories
for
ballistic missile defense programs.
Sec. 3132. Defense environmental management privatization projects.
Sec. 3133. International cooperative stockpile stewardship.
Sec. 3134. Modernization of enduring nuclear weapons complex.
Sec. 3135. Tritium production.
Sec. 3136. Processing, treatment, and disposition of spent nuclear fuel
rods and other legacy nuclear materials at the Savannah River
Site.
Sec. 3137. Limitations on use of funds for laboratory directed research
and development purposes.
Sec. 3138. Pilot program relating to use of proceeds of disposal or
utilization of
certain Department of Energy assets.
Sec. 3139. Modification and extension of authority relating to
appointment of
certain scientific, engineering, and technical personnel.
Sec. 3140. Limitation on use of funds for subcritical nuclear weapons
tests.
Sec. 3141. Limitation on use of certain funds until future use plans are
submitted.
Subtitle D--Other Matters
Sec. 3151. Plan for stewardship, management, and certification of
warheads in the nuclear weapons stockpile.
[[Page 111 STAT. 2024]]
Sec. 3152. Repeal of obsolete reporting requirements.
Sec. 3153. Study and funding relating to implementation of workforce
restructuring plans.
Sec. 3154. Report and plan for external oversight of national
laboratories.
Sec. 3155. University-based research collaboration program.
Sec. 3156. Stockpile stewardship program.
Sec. 3157. Reports on advanced supercomputer sales to certain foreign
nations.
Sec. 3158. Transfers of real property at certain Department of Energy
facilities.
Sec. 3159. Requirement to delegate certain authorities to site manager
of Hanford Reservation.
Sec. 3160. Submittal of biennial waste management reports.
Sec. 3161. Department of Energy Security Management Board.
Sec. 3162. Submittal of annual report on status of security functions at
nuclear weapons facilities.
Sec. 3163. Modification of authority on Commission on Maintaining United
States Nuclear Weapons Expertise.
Sec. 3164. Land transfer, Bandelier National Monument.
Sec. 3165. Final settlement of Department of Energy community assistance
obligations with respect to Los Alamos National Laboratory,
New Mexico.
Sec. 3166. Sense of Congress regarding the Y-12 Plant in Oak Ridge,
Tennessee.
Sec. 3167. Support for public education in the vicinity of Los Alamos
National
Laboratory, New Mexico.
Sec. 3168. Improvements to Greenville Road, Livermore, California.
Sec. 3169. Report on alternative system for availability of funds.
Sec. 3170. Report on remediation under the Formerly Utilized Sites
Remedial
Action Program.
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
$1,867,150,000, to be allocated as follows:
(1) For core stockpile stewardship, $1,387,100,000, to be
allocated as follows:
(A) For operation and maintenance, $1,288,290,000.
(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), $98,810,000, to be allocated as
follows:
Project 97-D-102, dual-axis radiographic
hydrotest 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 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, and modification of facilities, and land
acquisition related thereto), $197,800,000, to be
allocated as follows:
[[Page 111 STAT. 2025]]
Project 96-D-111, national ignition facility,
location to be determined, $197,800,000.
(3) For technology transfer and education, $65,250,000, to
be allocated as follows:
(A) For technology transfer, $56,250,000.
(B) For education, $9,000,000.
(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
$2,052,150,000, to be allocated as follows:
(1) For operation and maintenance, $1,891,265,000.
(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), $160,885,000, to be allocated
as follows:
Project 98-D-123, stockpile management restructuring
initiative, tritium factory modernization and
consolidation, Savannah River Site, Aiken, South
Carolina, $11,000,000.
Project 98-D-124, stockpile management restructuring
initiative, Y-12 Plant 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
(STQU), 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, chemistry and metallurgy research
(CMR) upgrades project, Los Alamos National Laboratory,
Los Alamos, New Mexico, $5,000,000.
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
system, 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 $250,000,000.
[[Page 111 STAT. 2026]]
(d) Adjustment.--The total amount authorized to be appropriated
pursuant to this section is the sum of the amounts authorized to be
appropriated in subsections (a) through (c) reduced by $22,608,000.
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 $1,010,973,000, of which $388,000,000 shall be allocated
to the uranium enrichment decontamination and decommissioning fund.
(b) Defense Environmental Management Closure Projects.--Funds are
hereby authorized to be appropriated to the Department of Energy for
fiscal year 1998 for closure projects in carrying out environmental
restoration and waste management activities necessary for national
security programs in the amount of $875,000,000, to be allocated as
follows:
Project 98-CLR-1, Rocky Flats Closure Site, Denver,
Colorado, $648,400,000.
Project 98-CLR-2, Fernald Environmental Management Project,
Fernald, Ohio, $226,600,000.
(c) 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 $1,571,644,000, to be allocated as follows:
(1) For operation and maintenance, $1,490,876,000.
(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 111 STAT. 2027]]
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.
(d) 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 $220,000,000.
(e) Nuclear Materials and Facilities Stabilization.--Funds are
hereby authorized to be appropriated to the Department of Energy for
fiscal year 1998 for nuclear materials and facilities stabilization in
carrying out environmental restoration and waste management activities
necessary for national security programs in the amount of
$1,256,821,000, to be allocated as follows:
(1) For operation and maintenance, $1,176,114,000.
(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), $80,707,000, 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 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/health physics site support facility,
Savannah River Site, Aiken, South Carolina, $5,600,000.
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 Laboratory, Idaho,
$2,927,000.
Project 96-D-464, electrical and utility systems
upgrade, Idaho Chemical Processing Plant, Idaho National
Engineering 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, South Carolina, $2,713,000.
[[Page 111 STAT. 2028]]
Project 95-D-456, security facilities consolidation,
Idaho Chemical Processing Plant, Idaho National
Engineering Laboratory, Idaho, $602,000.
(f) 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 $345,751,000.
(g) 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 $20,000,000.
(h) Environmental Science Program.--Funds are hereby authorized to
be appropriated to the Department of Energy for fiscal year 1998 for the
environmental science program in carrying out environmental restoration
and waste management activities necessary for national security programs
in the amount of $55,000,000.
(i) Defense Environmental Management Privatization.--Funds are
hereby authorized to be appropriated to the Department of Energy for
fiscal year 1998 for environmental management privatization projects in
carrying out environmental restoration and waste management activities
necessary for national security programs in the amount of $224,700,000,
to be allocated as follows:
Project 98-PVT-1, contact handled transuranic waste
transportation, Carlsbad, New Mexico, $21,000,000.
Project 98-PVT-2, spent nuclear fuel dry storage, Idaho
Falls, Idaho, $27,000,000.
Project 98-PVT-3, waste pits remedial action, Fernald, Ohio,
$25,000,000.
Project 98-PVT-4, spent nuclear fuel transfer and storage,
Savannah River, South Carolina, $25,000,000.
Project 98-PVT-5, waste disposal, Oak Ridge, Tennessee,
$5,000,000.
Project 98-PVT-6, Ohio silo 3 waste treatment, Fernald,
Ohio, $6,700,000.
Project 97-PVT-1, tank waste remediation system phase 1,
Hanford, Washington, $115,000,000.
(j) Adjustment.--The total amount authorized to be appropriated
pursuant to this section for subsections (a) through (h) is the sum of
the amounts authorized to be appropriated in those subsections reduced
by $50,000,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
(a) In General.--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 $1,642,310,000, to be allocated as follows:
(1) For verification and control technology, $478,200,000,
to be allocated as follows:
(A) For nonproliferation and verification research
and development, $210,000,000.
(B) For arms control, $234,600,000.
(C) For intelligence, $33,600,000.
(2) For nuclear safeguards and security, $47,200,000.
(3) For security investigations, $25,000,000.
[[Page 111 STAT. 2029]]
(4) For emergency management, $20,000,000.
(5) For program direction, $78,900,000.
(6) For worker and community transition assistance,
$61,159,000, to be allocated as follows:
(A) For worker and community transition,
$57,659,000.
(B) For program direction, $3,500,000.
(7) For fissile materials control and disposition,
$103,451,000, to be allocated as follows:
(A) For operation and maintenance, $99,451,000.
(B) For program direction, $4,000,000.
(8) For environment, safety, and health, defense,
$94,000,000, to be allocated as follows:
(A) For the Office of Environment, Safety, and
Health (Defense), $74,000,000.
(B) For program direction, $20,000,000.
(9) For the Office of Hearings and Appeals, $1,900,000.
(10) For nuclear energy, $47,000,000, to be allocated as
follows:
(A) For nuclear technology research and development
(electrometallurgical), $12,000,000.
(B) For international nuclear safety (Soviet-
designed reactors), $35,000,000.
(11) For naval reactors development, $670,500,000, to be
allocated as follows:
(A) For operation and maintenance, $635,920,000.
(B) For program direction, $20,080,000.
(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), $14,500,000, 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 refurbishment, Idaho National
Engineering Laboratory, Idaho, $4,600,000.
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.
(12) For independent assessment of Department of Energy
projects, $15,000,000.
(b) Adjustment.--The total amount authorized to be appropriated
pursuant to this section is the sum of the amounts authorized to be
appropriated in paragraphs (1) through (12) of subsection (a) reduced by
$6,047,000.
SEC. 3104. 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.
[[Page 111 STAT. 2030]]
Subtitle B--Recurring General Provisions
SEC. 3121. REPROGRAMMING.
(a) In General.--Until the Secretary of Energy submits to the
congressional defense committees the report referred to in subsection
(b) and a period of 30 days has elapsed after the date on which such
committees receive the report, the Secretary may not use amounts
appropriated pursuant to this title for any program--
(1) in amounts that exceed, in a fiscal year--
(A) 110 percent of the amount authorized for that
program by this title; or
(B) $1,000,000 more than the amount authorized for
that program by this title; or
(2) which has not been presented to, or requested of,
Congress.
(b) Report.--(1) The report referred to in subsection (a) is a
report containing a full and complete statement of the action proposed
to be taken and the facts and circumstances relied upon in support of
such proposed action.
(2) In the computation of the 30-day period under subsection (a),
there shall be excluded any day on which either House of Congress is not
in session because of an adjournment of more than 3 days to a day
certain.
(c) Limitations.--(1) In no event may the total amount of funds
obligated pursuant to this title exceed the total amount authorized to
be appropriated by this title.
(2) Funds appropriated pursuant to this title may not be used for an
item for which Congress has specifically denied funds.
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.
(a) In General.--The Secretary of Energy may carry out any
construction project under the general plant projects authorized by this
title if the total estimated cost of the construction project does not
exceed $5,000,000.
(b) Report to Congress.--If, at any time during the construction of
any general plant project authorized by this title, the estimated cost
of the project is revised because of unforeseen cost variations and the
revised cost of the project exceeds $5,000,000, the Secretary shall
immediately furnish a complete report to the congressional defense
committees explaining the reasons for the cost variation.
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.
(a) In General.--(1) Except as provided in paragraph (2),
construction on a construction project may not be started or additional
obligations incurred in connection with the project above the total
estimated cost, whenever the current estimated cost of the construction
project, which is authorized by section 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--
[[Page 111 STAT. 2031]]
(A) the Secretary of Energy has submitted to the
congressional defense committees a report on the actions and the
circumstances making such action necessary; and
(B) a period of 30 days has elapsed after the date on which
the report is received by the committees.
(3) In the computation of the 30-day period under paragraph (2),
there shall be excluded any day on which either House of Congress is not
in session because of an adjournment of more than 3 days to a day
certain.
(b) Exception.--Subsection (a) shall not apply to any construction
project which has a current estimated cost of less than $5,000,000.
SEC. 3124. FUND TRANSFER AUTHORITY.
(a) Transfer to Other Federal Agencies.--The Secretary of Energy may
transfer funds authorized to be appropriated to the Department of Energy
pursuant to this title to other Federal agencies for the performance of
work for which the funds were authorized. Funds so transferred may be
merged with and be available for the same purposes and for the same
period as the authorizations of the Federal agency to which the amounts
are transferred.
(b) Transfer Within Department of Energy.--(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
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.
(c) Limitation.--The authority provided by this section to transfer
authorizations--
(1) 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; and
(2) may not be used to provide funds for an item for which
Congress has specifically denied funds.
(d) 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 for 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 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.
[[Page 111 STAT. 2032]]
(3) The requirement in paragraph (1) does not apply to a request for
funds--
(A) for a construction project the total estimated cost of
which is less than $5,000,000; or
(B) for emergency planning, design, and construction
activities under section 3126.
(b) Authority for Construction Design.--(1) Within the amounts
authorized by this 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, and 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 appropriations 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.
(a) In General.--Except as provided in subsection (b), when so
specified in an appropriations Act, amounts appropriated for operation
and maintenance or for plant projects may remain available until
expended.
(b) Exception for Program Direction Funds.--Amounts appropriated for
program direction pursuant to an authorization of appropriations in
subtitle A shall remain available to be expended only until the end of
fiscal year 2000.
SEC. 3129. TRANSFERS OF DEFENSE ENVIRONMENTAL MANAGEMENT FUNDS.
(a) Transfer Authority for Defense Environmental Management Funds.--
The Secretary of Energy shall provide the
[[Page 111 STAT. 2033]]
manager of each field office of the Department of Energy with the
authority to transfer defense environmental management funds from a
program or project under the jurisdiction of the office to another such
program or project.
(b) Limitations.--(1) Only one transfer may be made to or from any
program or project under subsection (a) in a fiscal year.
(2) The amount transferred to or from a program or project under
subsection (a) may not exceed $5,000,000 in a fiscal year.
(3) A transfer may not be carried out by a manager of a field office
under subsection (a) unless the manager determines that the transfer is
necessary to address a risk to health, safety, or the environment or to
assure the most efficient use of defense environmental management funds
at the field office.
(4) Funds transferred pursuant to subsection (a) may not be used for
an item for which Congress has specifically denied funds or for a new
program or project that has not been authorized by Congress.
(c) Exemption From Reprogramming Requirements.--The requirements of
section 3121 shall not apply to transfers of funds pursuant to
subsection (a).
(d) Notification.--The Secretary, acting through the Assistant
Secretary of Energy for Environmental Management, shall notify Congress
of any transfer of funds pursuant to subsection (a) not later than 30
days after such transfer occurs.
(e) Definitions.--In this section:
(1) The term ``program or project'' means, with respect to a
field office of the Department of Energy, any of the
following:
(A) A project listed in subsection (c) or (e) of
section 3102 being carried out by the office.
(B) A program referred to in subsection (a), (c),
(d), or (e) of section 3102 being carried out by the
office.
(C) A project or program not described in
subparagraph (A) or (B) that is for environmental
restoration or waste management activities necessary for
national security programs of the Department, that is
being carried out by the office, and for which defense
environmental management funds have been authorized and
appropriated before the date of enactment of this Act.
(2) The term ``defense environmental management funds''
means funds appropriated to the Department of Energy pursuant to
an authorization for carrying out environmental restoration and
waste management activities necessary for national security
programs.
(f) Duration of Authority.--The managers of the field offices of the
Department may exercise the authority provided under subsection (a)
during the period beginning on October 1, 1997, and ending on September
30, 1998.
[[Page 111 STAT. 2034]]
Subtitle C--Program Authorizations, Restrictions, and Limitations
SEC. 3131. <<NOTE: 10 USC 2431 note.>> MEMORANDUM OF UNDERSTANDING FOR
USE OF NATIONAL LABORATORIES FOR BALLISTIC MISSILE DEFENSE
PROGRAMS.
(a) Memorandum of Understanding.--The Secretary of Energy and the
Secretary of Defense shall enter into a memorandum of understanding for
the purpose of improving and facilitating the use by the Secretary of
Defense of the expertise of the national laboratories for the ballistic
missile defense programs of the Department of Defense.
(b) Assistance.--The memorandum of understanding shall provide that
the Secretary of Defense shall request such assistance with respect to
the ballistic missile defense programs of the Department of Defense as
the Secretary of Defense and the Secretary of Energy determine can be
provided through the technical skills and experience of the national
laboratories, using such financial arrangements as the Secretaries
determine are appropriate.
(c) Activities.--The memorandum of understanding shall provide that
the national laboratories shall carry out those activities necessary to
respond to requests for assistance from the Secretary of Defense
referred to in subsection (b). Such activities may include the
identification of technical modifications and test techniques, the
analysis of physics problems, the consolidation of range and test
activities, and the analysis and simulation of theater missile defense
deployment problems.
(d) National Laboratories.--For purposes of this section, the
national laboratories are--
(1) the Lawrence Livermore National Laboratory, Livermore,
California;
(2) the Los Alamos National Laboratory, Los Alamos, New
Mexico; and
(3) the Sandia National Laboratories, Albuquerque, New
Mexico.
SEC. 3132. DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION PROJECTS.
(a) Authority To Enter Into Contracts.--The Secretary of Energy may,
using funds authorized to be appropriated by section 3102(i) for a
project referred to in that section, enter into a contract that--
(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;
(3) requires the contractor to bear any of the costs of the
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 specifications in
the contract.
(b) Notice and Wait.--(1) The Secretary may not enter into a
contract under subsection (a), exercise an authorization to proceed with
such a contract or extend any contract period for such a contract by
more than one year until 30 days after the date on
[[Page 111 STAT. 2035]]
which the Secretary submits to the congressional defense committees a
report with respect to the contract.
(2) Except as provided in paragraph (3), a report under paragraph
(1) with respect to a contract shall set forth--
(A) the anticipated costs and fees of the Department under
the contract, including the anticipated maximum amount of such
costs and fees;
(B) any performance specifications in the contract;
(C) the anticipated dates of commencement and completion of
the provision of goods or services under the contract;
(D) the allocation between the Department and the contractor
of any financial, regulatory, or environmental obligations under
the contract;
(E) any activities planned or anticipated to be required
with respect to the project after completion of the contract;
(F) the site services or other support to be provided the
contractor by the Department under the contract;
(G) 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;
(H) if the contract provides for financing of the project by
an entity or entities other than the United States, a detailed
comparison of the costs of financing the project through such
entity or entities with the costs of financing the project by
the United States;
(I) the schedule for the contract;
(J) 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;
(K) an estimate and justification of the cost savings, if
any, to be realized through the contract, including the
assumptions underlying the estimate;
(L) the effect of the contract on any ancillary schedules
applicable to the facility concerned, including milestones in
site compliance agreements; and
(M) the plans for maintaining financial and programmatic
accountability for activities under the contract.
(3) In the case of a contract under subsection (a) at the Hanford
Reservation, the report under paragraph (1) shall set forth--
(A) the matters specified in paragraph (2); and
(B) if the contract contemplates two pilot vitrification
plants--
(i) an analysis of the basis for the selection of
each of the plants in lieu of a single pilot
vitrification plant; and
(ii) a detailed comparison of the costs to the
United States of two pilot plants with the costs to the
United States of a single pilot plant.
(c) Cost Variations.--(1)(A) The Secretary may not enter into a
contract for a project referred to in subparagraph (B), or obligate
funds 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.
(B) Subparagraph (A) applies to the following:
[[Page 111 STAT. 2036]]
(i) A project authorized by section 3102(i).
(ii) A project authorized by section 3103 of the National
Defense Authorization Act for Fiscal Year 1997 (Public Law 104-
201; 110 Stat. 2824) for which a contract has not been entered
into as of the date of enactment of this Act.
(2) The Secretary may not obligate funds attributable to the capital
portion of the cost of a contract entered into before such date for a
project authorized by such section 3103 whenever the current estimated
cost of the project equals or exceeds 110 percent of the amount of the
estimated cost of the project as shown in the most recent budget
justification data submitted to Congress.
(d) Use of Funds for Termination of Contract.--Not later than 15
days before the Secretary obligates funds available for a project
authorized by section 3102(i) to terminate the contract for the project
under subsection (a), 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.--(1) 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 referred to in paragraph (2) 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.
(2) A contract referred to in paragraph (1) is the following:
(A) A contract under subsection (a) for a project referred
to in that subsection.
(B) A contract under section 3103 of the National Defense
Authorization Act for Fiscal Year 1997.
(f) Assessment of 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 for defense environmental management privatization
projects in the absence of sufficient appropriations to meet obligations
under such contracts without thereby violating the provisions of section
1341 of title 31, United States Code.
SEC. 3133. INTERNATIONAL COOPERATIVE STOCKPILE STEWARDSHIP.
(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. 3134. 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
[[Page 111 STAT. 2037]]
3101, $85,000,000 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) for the program referred to in that
subsection.
SEC. 3135. TRITIUM PRODUCTION.
(a) Tritium Production Decision.--(1) Not later than December 31,
1998, the Secretary of Energy shall make a final decision on the
technologies to be utilized, and the 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 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 paragraph (1);
(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.
(b) Reports on Decision.--(1) Upon making a final decision under
paragraph (1) of subsection (a), the Secretary shall submit to the
congressional defense committees a report on the final decision. The
report shall include an assessment of how the selected technology
addresses the items taken into account under paragraph (2) of that
subsection.
(2) If the Secretary determines that it is not possible to make the
final decision by the date specified in paragraph (1) of subsection (a),
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.
[[Page 111 STAT. 2038]]
(c) 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) January 31, 1999; or
(2) the date that is 30 days after the date on which the
Secretary makes a final decision under subsection (a).
SEC. 3136. 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(e), 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. 3137. <<NOTE: 42 USC 7257c.>> 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 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)
[[Page 111 STAT. 2039]]
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.--Paragraph (1) of 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) 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 (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. 3138. <<NOTE: 42 USC 7256 note.>> PILOT PROGRAM RELATING TO USE OF
PROCEEDS OF DISPOSAL OR UTILIZATION OF CERTAIN DEPARTMENT OF
ENERGY ASSETS.
(a) Purpose.--The purpose of this section is to encourage the
Secretary of Energy to dispose of or otherwise utilize certain assets of
the Department of Energy by making available to the Secretary the
proceeds of such disposal or utilization for purposes of defraying the
costs of such disposal or utilization.
(b) Use of Proceeds To Defray Costs.--(1) Notwithstanding section
3302 of title 31, United States Code, the Secretary may retain from the
proceeds of the sale, lease, or disposal of an asset under subsection
(c) an amount equal to the cost of the sale, lease, or disposal of the
asset. The Secretary shall utilize amounts retained under this paragraph
to defray the cost of the sale, lease, or disposal.
(2) For purposes of paragraph (1), the cost of a sale, lease, or
disposal shall include--
(A) the cost of administering the sale, lease, or disposal;
(B) the cost of recovering or preparing the asset concerned
for the sale, lease, or disposal; and
(C) any other cost associated with the sale, lease, or
disposal.
(c) Covered Transactions.--Subsection (b) applies to the
following transactions:
(1) The sale of heavy water at the Savannah River Site,
South Carolina, that is under the jurisdiction of the Defense
Environmental Management Program.
(2) The sale of precious metals that are under the
jurisdiction of the Defense Environmental Management Program.
(3) The lease of buildings and other facilities located at
the Hanford Reservation, Washington, that are under the
jurisdiction of the Defense Environmental Management Program.
[[Page 111 STAT. 2040]]
(4) The lease of buildings and other facilities located at
the Savannah River Site that are under the jurisdiction of the
Defense Environmental Management Program.
(5) The disposal of equipment and other personal property
located at the Rocky Flats Defense Environmental Technology
Site, Colorado, that is under the jurisdiction of the Defense
Environmental Management Program.
(6) The disposal of materials at the National Electronics
Recycling Center, Oak Ridge, Tennessee that are under the
jurisdiction of the Defense Environmental Management Program.
(d) Applicability of Disposal Authority.--Nothing in this section
shall be construed to limit the application of sections 202 and 203(j)
of the Federal Property and Administrative Services Act of 1949 (40
U.S.C. 483 and 484(j)) to the disposal of equipment and other personal
property covered by this section.
(e) Report.--Not later than January 31, 1999, the Secretary shall
submit to the congressional defense committees a report on amounts
retained by the Secretary under subsection (b) during fiscal year 1998.
SEC. 3139. 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. 3140. LIMITATION ON USE OF FUNDS FOR SUBCRITICAL NUCLEAR WEAPONS
TESTS.
(a) Limitation.--The Secretary of Energy may not conduct any
subcritical nuclear weapons tests using funds appropriated or otherwise
available to the Secretary for fiscal year 1998 until the Secretary
submits to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives a
detailed report on the use of the funds available to the Secretary for
fiscal years 1996 and 1997 to conduct such tests.
(b) Exception.--Subsection (a) shall not apply to the use of funds
covered by that subsection for subcritical nuclear weapons tests if the
Secretary--
(1) determines that the use of such funds for such tests is
urgently required to meet national security interests; and
(2) notifies Congress of that determination before using
such funds for such tests.
SEC. 3141. LIMITATION ON USE OF CERTAIN FUNDS UNTIL FUTURE USE PLANS ARE
SUBMITTED.
(a) Limitation.--(1) Subject to paragraph (2), the Secretary of
Energy may not use more than 80 percent of the funds available to the
Secretary pursuant to the authorization of appropriations
[[Page 111 STAT. 2041]]
in section 3102(g) until the Secretary submits the plans described in
subsection (b).
(2) The limitation in paragraph (1) shall cease to be in effect if
the Secretary submits, by March 15, 1998, the report described in
subsection (c).
(b) Plans.--The plans referred to in subsection (a)(1) are the draft
future use plan and the final future use plan required under section
3153(f) of the National Defense Authorization Act for Fiscal Year 1997
(Public Law 104-201; 110 Stat. 2840; 42 U.S.C. 7274k note).
(c) Report.--If the Secretary is unable to submit all of the plans
described in subsection (b) by the deadlines set forth in such section
3153(f), the Secretary shall submit to Congress a report containing, for
each plan that will not be submitted by the applicable deadline--
(1) the status of the plan;
(2) the reasons why the plan cannot be submitted by the
applicable deadline; and
(3) the date by which the plan will be submitted.
Subtitle D--Other Matters
SEC. 3151. <<NOTE: 42 USC 2121 note.>> PLAN FOR STEWARDSHIP,
MANAGEMENT, AND CERTIFICATION OF WARHEADS IN THE NUCLEAR
WEAPONS STOCKPILE.
(a) Plan Requirement.--The Secretary of Energy shall develop and
annually update a plan for maintaining the nuclear weapons stockpile.
The plan shall cover, at a minimum, stockpile stewardship, stockpile
management, and program direction and shall be consistent with the
programmatic and technical requirements of the most recent annual
Nuclear Weapons Stockpile Memorandum.
(b) Plan Elements.--The plan and each update of the plan shall set
forth the following:
(1) The number of warheads (including active and inactive
warheads) for each warhead type in the nuclear weapons
stockpile.
(2) The current age of each warhead type, and any plans for
stockpile lifetime extensions and modifications or replacement
of each warhead type.
(3) The process by which the Secretary of Energy is
assessing the lifetime, and requirements for lifetime extension
or replacement, of the nuclear and nonnuclear components of the
warheads (including active and inactive warheads) in the nuclear
weapons stockpile.
(4) The process used in recertifying the safety, security,
and reliability of each warhead type in the nuclear weapons
stockpile.
(5) Any concerns which would affect the ability of the
Secretary of Energy to recertify the safety, security, or
reliability of warheads in the nuclear weapons stockpile
(including active and inactive warheads).
(c) Annual Submission of Plan to Congress.--The Secretary of Energy
shall submit to Congress the plan developed under subsection (a) not
later than March 15, 1998, and shall submit an updated version of the
plan not later than March 15 of each year
[[Page 111 STAT. 2042]]
thereafter. The plan shall be submitted in both classified and
unclassified form.
SEC. 3152. 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. 3153. STUDY AND FUNDING RELATING TO IMPLEMENTATION OF WORKFORCE
RESTRUCTURING PLANS.
(a) Study Requirement.--The Secretary of Energy shall conduct a
study on the effects of workforce restructuring plans for defense
nuclear facilities developed pursuant to section 3161 of the National
Defense Authorization Act for Fiscal Year 1993 (42 U.S.C. 7274h).
[[Page 111 STAT. 2043]]
(b) Matters Covered by Study.--The study shall cover the four-year
period preceding the date of the enactment of this Act and shall include
the following:
(1) An analysis of the number of jobs created by any
employee retraining, education, and reemployment assistance and
any community impact assistance provided in each workforce
restructuring plan developed pursuant to section 3161 of the
National Defense Authorization Act for Fiscal Year 1993.
(2) An analysis of other benefits provided pursuant to such
plans, including any assistance provided to community reuse
organizations.
(3) A description of the funds expended, and the funds
obligated but not expended, pursuant to such plans as of the
date of the report.
(4) A description of the criteria used since October 23,
1992, in providing assistance pursuant to such plans.
(5) A comparison of any similar benefits provided--
(A) pursuant to such a plan to employees whose
employment at the defense nuclear facility covered by
the plan is terminated; and
(B) to employees whose employment at a facility
where more than 50 percent of the revenues are derived
from contracts with the Department of Defense has been
terminated as a result of cancellation, termination, or
completion of contracts with the Department of Defense
and the employees whose employment is terminated
constitute more than 15 percent of the employees at that
facility.
(c) Conduct of Study.--(1) The study shall be conducted through a
contract with an independent private auditing firm.
(2) The Secretary of Energy may not enter into any contract for the
conduct of the study until the Secretary submits a notification of the
proposed contract award to the congressional defense committees.
(3) The Secretary of Energy and the Secretary of Defense shall each
ensure that any firm conducting the study is provided access to all
documents in the possession of the Department of Energy or the
Department of Defense, as the case may be, that are relevant to the
study, including documents in the possession of the Inspector General of
the Department of Energy or the Inspector General of the Department of
Defense.
(d) Report on Study.--The Secretary of Energy shall submit a report
to Congress on the results of the study not later than March 31, 1998.
(e) Limitation on Use of Funds for Local Impact Assistance.--(1)
None of the funds authorized to be appropriated to the Department of
Energy pursuant to section 3103(6) may be used for local impact
assistance pursuant to a plan under section 3161(c)(6) of the National
Defense Authorization Act for Fiscal Year 1993 (42 U.S.C. 7274h(c)(6))
until--
(A) with respect to assistance referred to in section
3161(c)(6)(A) of such Act, the Secretary of Energy coordinates
with, provides a copy of the plan to, and obtains the approval
of the Secretary of Labor; and
(B) with respect to assistance referred to in section
3161(c)(6)(C) of such Act, the Secretary of Energy coordinates
[[Page 111 STAT. 2044]]
with, provides a copy of the plan to, and obtains the approval
of the Secretary of Commerce.
(2) For purposes of paragraph (1), if the Secretary of Labor or the
Secretary of Commerce does not disapprove a plan within 60 days after
receiving a copy of the plan, the plan is deemed to be approved.
(f) Semiannual <<NOTE: 42 USC 7274h note.>> Report to Congress of
Local Impact Assistance.--The Secretary of Energy shall submit to
Congress every six months a report setting forth a description of, and
the amount or value of, all local impact assistance provided during the
preceding six months under section 3161(c)(6) of the National Defense
Authorization Act of 1993 (42 U.S.C. 7274h(c)(6)).
(g) Effect on USEC Privatization Act.--Nothing in this section shall
be construed as diminishing or affecting the obligations of the
Secretary of Energy under section 3110(a)(5) of the USEC Privatization
Act (Public Law 104-134; 110 Stat. 1321-341; 42 U.S.C. 2297h-8(a)(5)).
(h) Definition.--In this section, the term ``defense nuclear
facility'' has the meaning provided the term ``Department of Energy
defense nuclear facility'' in section 3163 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 42 U.S.C.
7274j).
SEC. 3154. <<NOTE: 42 USC 7274m note.>> REPORT AND PLAN FOR EXTERNAL
OVERSIGHT OF NATIONAL LABORATORIES.
(a) Report.--Not later than July 1, 1999, the Secretary of Energy
shall submit to Congress a report on the external oversight of the
national laboratories.
(b) Matters Covered.--The report shall contain the following:
(1) A description of the external oversight practices at the
national laboratories and an analysis of the effectiveness of
such practices, including the effect of such practices on the
productivity of the laboratories and the research conducted by
the laboratories.
(2) Recommendations regarding the continuation,
consolidation, or discontinuation of the external oversight
practices described in paragraph (1), and the rationale for the
recommendations.
(3) Recommendations for any new external oversight practices
that should be implemented, and the rationale for the
recommendations.
(4) A plan for carrying out the recommendations.
(c) National Laboratories Covered.--For purposes of this section,
the national laboratories are--
(1) the Lawrence Livermore National Laboratory, Livermore,
California;
(2) the Los Alamos National Laboratory, Los Alamos, New
Mexico; and
(3) the Sandia National Laboratories, Albuquerque, New
Mexico.
SEC. 3155. <<NOTE: 42 USC 7381 note.>> UNIVERSITY-BASED RESEARCH
COLLABORATION PROGRAM.
(a) Findings.--Congress makes the following findings:
(1) The maintenance of scientific and engineering competence
in the United States is vital to long-term national security and
the defense and national security missions of the Department of
Energy.
[[Page 111 STAT. 2045]]
(2) Engaging the universities and colleges of the Nation in
research on long-range problems of vital national security
interest will be critical to solving the technology challenges
faced within the defense and national security programs of the
Department of Energy in the next century.
(3) Enhancing collaboration among the national laboratories,
universities and colleges, and industry will contribute
significantly to the performance of these Department of Energy
missions.
(b) Program.--The Secretary of Energy shall establish a university
program at a location that can develop the most effective collaboration
among national laboratories, universities and colleges, and industry in
support of scientific and engineering advancement in key Department of
Energy defense and national security program areas.
(c) Funding.--Of the funds authorized to be appropriated in this
title to the Department of Energy for fiscal year 1998, the Secretary
shall make $5,000,000 available for the establishment and operation of
the program under subsection (b).
SEC. 3156. <<NOTE: 42 USC 2121 note.>> STOCKPILE STEWARDSHIP PROGRAM.
(a) Findings.--Congress makes the following findings:
(1) Eliminating the threat posed by nuclear weapons to the
United States is an important national security goal.
(2) As long as nuclear threats remain, the nuclear deterrent
of the United States must be effective and reliable.
(3) A safe, secure, effective, and reliable United States
nuclear stockpile is central to the current nuclear deterrence
strategy of the United States.
(4) The Secretary of Energy has undertaken a stockpile
stewardship and management program to ensure the safety,
security, effectiveness, and reliability of the nuclear weapons
stockpile of the United States, consistent with all United
States treaty requirements and the requirements of the nuclear
deterrence strategy of the United States.
(5) It is the policy of the current administration that new
nuclear warhead designs are not required to effectively
implement the nuclear deterrence strategy of the United States.
(b) Policy.--It is the policy of the United States that--
(1) activities of the stockpile stewardship program shall be
directed toward ensuring that the United States possesses a
safe, secure, effective, and reliable nuclear stockpile,
consistent with the national security requirements of the United
States; and
(2) stockpile stewardship activities of the United States
shall be conducted in conformity with the terms of the Treaty on
the Non-Proliferation of Nuclear Weapons and the Comprehensive
Test Ban Treaty signed by the President on September 24, 1996,
when and if that treaty enters into force.
SEC. 3157. <<NOTE: 50 USC app. 2404 note.>> REPORTS ON ADVANCED
SUPERCOMPUTER SALES TO
CERTAIN FOREIGN NATIONS.
(a) Reports.--The Secretary of Energy shall require that any company
that is a participant in the Accelerated Strategic Computing Initiative
(ASCI) program of the Department of Energy report to the Secretary and
to the Secretary of Defense each sale by that company to a country
designated as a Tier III country of a computer capable of operating at a
speed in excess of 2,000
[[Page 111 STAT. 2046]]
millions theoretical operations per second (MTOPS). The report shall
include a description of the following with respect to each such sale:
(1) The anticipated end-use of the computer sold.
(2) The software included with the computer.
(3) Any arrangement under the terms of the sale
regarding--
(A) upgrading the computer;
(B) servicing the computer; or
(C) furnishing spare parts for the computer.
(b) Covered Countries.--For purposes of this section, the countries
designated as Tier III countries are the countries listed as ``computer
tier 3'' eligible countries in part 740.7 of title 15 of the Code of
Federal Regulations, as in effect on June 10, 1997 (or any successor
list).
(c) Quarterly Submission of Reports.--The Secretary of Energy shall
require that reports under subsection (a) be submitted quarterly.
(d) Annual Report.--The Secretary of Energy shall submit to Congress
an annual report containing all information received under subsection
(a) during the preceding year. The first annual report shall be
submitted not later than July 1, 1998.
SEC. 3158. <<NOTE: 42 USC 7274g.>> TRANSFERS OF REAL PROPERTY AT
CERTAIN DEPARTMENT OF ENERGY FACILITIES.
(a) Transfer Regulations.--(1) The Secretary of Energy shall
prescribe regulations for the transfer by sale or lease of real property
at Department of Energy defense nuclear facilities for the purpose of
permitting the economic development of the property.
(2) The Secretary of Energy may not transfer real property under the
regulations prescribed under paragraph (1) until--
(A) the Secretary submits a notification of the proposed
transfer to the congressional defense committees; and
(B) a period of 30 days has elapsed following the date on
which the notification is submitted.
(b) Indemnification.--(1) Except as provided in paragraph (3) and
subject to subsection (c), in the sale or lease of real property
pursuant to the regulations prescribed under subsection (a), the
Secretary of Energy may hold harmless and indemnify a person or entity
described in paragraph (2) against any claim for injury to person or
property that results from the release or threatened release of a
hazardous substance or pollutant or contaminant as a result of
Department of Energy activities at the defense nuclear facility on which
the real property is located. Before entering into any agreement for
such a sale or lease, the Secretary shall notify the person or entity
that the Secretary has authority to provide indemnification to the
person or entity under this subsection. The Secretary shall include in
any agreement for such a sale or lease a provision stating whether
indemnification is or is not provided.
(2) Paragraph (1) applies to the following persons and entities:
(A) Any State that acquires ownership or control of real
property of a defense nuclear facility.
(B) Any political subdivision of a State that acquires such
ownership or control.
(C) Any other person or entity that acquires such ownership
or control.
[[Page 111 STAT. 2047]]
(3) To the extent the persons and entities described in paragraph
(2) contributed to any such release or threatened release, paragraph (1)
shall not apply.
(c) Conditions.--(1) No indemnification on a claim for injury may be
provided under this section unless the person or entity making a request
for the indemnification--
(A) notifies the Secretary of Energy in writing within two
years after such claim accrues;
(B) furnishes to the Secretary copies of pertinent papers
received by the person or entity;
(C) furnishes evidence or proof of the claim;
(D) provides, upon request by the Secretary, access to the
records and personnel of the person or entity for purposes of
defending or settling the claim; and
(E) begins action within six months after the date of
mailing, by certified or registered mail, of notice of final
denial of the claim by the Secretary.
(2) For purposes of paragraph (1)(A), the date on which a claim
accrues is the date on which the person asserting the claim knew (or
reasonably should have known) that the injury to person or property
referred to in subsection (b)(1) was caused or contributed to by the
release or threatened release of a hazardous substance, pollutant, or
contaminant as a result of Department of Energy activities at the
defense nuclear facility on which the real property is located.
(d) Authority of Secretary of Energy.--(1) In any case in which the
Secretary of Energy determines that the Secretary may be required to
indemnify a person or entity under this section for any claim for injury
to person or property referred to in subsection (b)(1), the Secretary
may settle or defend the claim on behalf of that person or entity.
(2) In any case described in paragraph (1), if the person or entity
that the Secretary may be required to indemnify does not allow the
Secretary to settle or defend the claim, the person or entity may not be
indemnified with respect to that claim under this section.
(e) Relationship to Other Law.--Nothing in this section shall be
construed as affecting or modifying in any way section 120(h) of the
Comprehensive Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9620(h)).
(f) Definitions.--In this section:
(1) The term ``defense nuclear facility'' has the meaning
provided by the term ``Department of Energy defense nuclear
facility'' in section 318 of the Atomic Energy Act of 1954 (42
U.S.C. 2286g).
(2) The terms ``hazardous substance'', ``release'', and
``pollutant or contaminant'' have the meanings provided by
section 101 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601).
SEC. 3159. REQUIREMENT TO DELEGATE CERTAIN AUTHORITIES TO SITE MANAGER
OF HANFORD RESERVATION.
Section 3173(b) of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 110 Stat. 2848; 42 U.S.C. 7274k) is
amended--
(1) in paragraph (1)--
[[Page 111 STAT. 2048]]
(A) by striking out ``In addition'' and inserting in
lieu thereof ``Except as provided in paragraph (5), in
addition''; and
(B) by striking out ``Act,'' and inserting in lieu
thereof ``subtitle,''; and
(2) by adding at the end the following new paragraph:
``(5) In the case of the Hanford Reservation, Richland, Washington,
the Secretary shall delegate to the Site Manager the authority described
in paragraph (1) for fiscal year 1998. The Secretary may withdraw the
delegated authority if the Secretary--
``(A) determines that the Site Manager of the Hanford
Reservation has misused or misapplied that authority; and
``(B) the Secretary submits to Congress a notification of
the Secretary's intent to withdraw the authority.''.
SEC. 3160. 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. 3161. <<NOTE: 42 USC 7251 note.>> DEPARTMENT OF ENERGY SECURITY
MANAGEMENT BOARD.
(a) Establishment.--(1) The Secretary of Energy shall establish a
board to be known as the ``Department of Energy Security Management
Board'' (in this section referred to as the ``Board'').
(2) The Board shall advise the Secretary on policy matters,
operational concerns, strategic planning, personnel, budget,
procurement, and development of priorities relating to the security
functions of the Department of Energy.
(b) Members.--The Board shall be comprised of--
(1) the Secretary of Energy, who shall serve as chairman;
(2) the Director of the Office of Nonproliferation and
National Security of the Department of Energy;
(3) the Assistant Secretary of Energy for Environmental
Management;
(4) the Assistant Secretary of Energy for Defense Programs;
(5) the Assistant Secretary of Energy for Environment,
Safety, and Health;
(6) the Associate Deputy Secretary of Energy for Field
Management;
(7) three individuals selected by the Secretary of Defense
and appointed by the Secretary of Energy;
(8) an individual selected by the Director of the Federal
Bureau of Investigation and appointed by the Secretary of
Energy; and
(9) an individual selected by the Director of Central
Intelligence and appointed by the Secretary of Energy.
(c) Appointments.--(1) The Secretary of Defense, the Director of the
Federal Bureau of Investigation, and the Director of Central
Intelligence shall consult with the Secretary of Energy in selecting
individuals for appointment under paragraphs (7), (8), and (9),
respectively, of subsection (b).
(2) The Secretary of Energy may not appoint as a member of the Board
under paragraph (7), (8), or (9) of subsection (b) an officer or
employee of the Department of Energy, an employee of a contractor or
subcontractor of the Department, or an individual under contract with
the Department.
[[Page 111 STAT. 2049]]
(3) The Secretary of Energy shall appoint members of the Board under
paragraphs (7), (8), and (9) of subsection (b) not later than January
15, 1998.
(d) Vacancies.--Any vacancy in the Board shall be filled in the same
manner as the original appointment.
(e) Personnel Matters.--(1)(A) Each member of the Board 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 V of the Executive Schedule under section 5316 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
Board.
(B) All members of the Board 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 Board 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 Board.
(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
Board under this section.
(g) Termination.--The Board shall terminate on October 31, 2000.
(h) Security Functions Defined.--In this section, the term
``security functions'' means all Department of Energy activities related
to the safeguarding and security of nuclear weapons and materials,
protection of classified and unclassified controlled nuclear
information, and physical and personnel security.
SEC. 3162. <<NOTE: 42 USC 7274 note.>> SUBMITTAL OF ANNUAL REPORT ON
STATUS OF SECURITY FUNCTIONS AT NUCLEAR WEAPONS FACILITIES.
(a) In General.--Not later than September 1 each year, the Secretary
of Energy shall submit to the congressional defense committees the
report entitled ``Annual Report to the President on the Status of
Safeguards and Security of Domestic Nuclear Weapons Facilities'', or any
successor report to such report.
(b) Requirement Relating to Reports Through Fiscal Year 2000.--The
Secretary shall include with each report submitted under subsection (a)
in fiscal years 1998 through 2000 any comments on such report by the
members of the Department of Energy Security Management Board
established under section 3161 that such members consider appropriate.
SEC. 3163. 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, effective
January 1, 1998--
(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:
[[Page 111 STAT. 2050]]
``(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. 3164. <<NOTE: 16 USC 431 note.>> LAND TRANSFER, BANDELIER NATIONAL
MONUMENT.
(a) Transfer of Administrative Jurisdiction.--The Secretary of
Energy shall transfer to the Secretary of the Interior administrative
jurisdiction over a parcel of real property consisting of approximately
4.47 acres as depicted on the map entitled ``Boundary Map, Bandelier
National Monument'', No. 315/80,051, dated March 1995.
(b) Boundary Modification.--The boundary of the Bandelier National
Monument established by Proclamation No. 1322 (16 U.S.C. 431 note) is
modified to include the real property transferred under subsection (a).
(c) Public Availability of Map.--The map described in subsection (a)
shall be on file and available for public inspection in the Lands Office
at the Southwest System Support Office of the National Park Service,
Santa Fe, New Mexico, and in the office of the Superintendent of
Bandelier National Monument.
(d) Administration.--The real property and interests in real
property transferred under subsection (a) shall be--
(1) administered as part of Bandelier National Monument; and
(2) subject to all laws applicable to the Bandelier National
Monument and all laws generally applicable to units of the
National Park System.
SEC. 3165. <<NOTE: 42 USC 2391 note.>> FINAL SETTLEMENT OF DEPARTMENT
OF ENERGY COMMUNITY ASSISTANCE OBLIGATIONS WITH RESPECT TO
LOS ALAMOS NATIONAL LABORATORY, NEW MEXICO.
(a) In General.--The Secretary of Energy shall--
(1) convey, without consideration, to the Incorporated
County of Los Alamos, New Mexico (in this section referred to as
the ``County''), or to the designee of the County, fee title to
the parcels of land that are allocated for conveyance to the
County in the agreement under subsection (e); and
(2) transfer to the Secretary of the Interior, in trust for
the Pueblo of San Ildefonso (in this section referred to as the
``Pueblo''), administrative jurisdiction over the parcels that
are allocated for transfer to the Secretary of the Interior in
such agreement.
(b) Preliminary Identification of Parcels of Land for Conveyance or
Transfer.--(1) Not later than 90 days after the date of enactment of
this Act, the Secretary of Energy shall submit to the congressional
defense committees a report identifying the parcels of land under the
jurisdiction of the Secretary at the Los Alamos National Laboratory that
are suitable for conveyance or transfer under this section.
(2) A parcel is suitable for conveyance or transfer for purposes of
paragraph (1) if the parcel--
(A) is not required to meet the national security mission of
the Department of Energy or will not be required for that
purpose before the end of the 10-year period beginning on the
date of enactment of this Act;
[[Page 111 STAT. 2051]]
(B) is likely to be conveyable or transferable, as the case
may be, under this section not later than the end of such
period; and
(C) is suitable for use for a purpose specified in
subsection (h).
(c) Review of Title.--(1) Not later than one year after the date of
enactment of this Act, the Secretary shall submit to the congressional
defense committees a report setting forth the results of a title search
on each parcel of land identified as suitable for conveyance or transfer
under subsection (b), including an analysis of any claims against or
other impairments to the fee title to each such parcel.
(2) In the period beginning on the date of the completion of the
title search with respect to a parcel under paragraph (1) and ending on
the date of the submittal of the report under that paragraph, the
Secretary shall take appropriate actions to resolve the claims against
or other impairments, if any, to fee title that are identified with
respect to the parcel in the title search.
(d) Environmental Restoration.--(1) Not later than 21 months after
the date of enactment of this Act, the Secretary shall--
(A) identify the environmental restoration or remediation,
if any, that is required with respect to each parcel of land
identified under subsection (b) to which the United States has
fee title;
(B) carry out any review of the environmental impact of the
conveyance or transfer of each such parcel that is required
under the provisions of the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.); and
(C) submit to Congress a report setting forth the results of
the activities under subparagraphs (A) and (B).
(2) If the Secretary determines under paragraph (1) that a parcel
described in paragraph (1)(A) requires environmental restoration or
remediation, the Secretary shall, to the maximum extent practicable,
complete the environmental restoration or remediation of the parcel not
later than 10 years after the date of enactment of this Act.
(e) Agreement for Allocation of Parcels.--As soon as practicable
after completing the review of titles to parcels of land under
subsection (c), the Secretary of the Interior, on behalf of the Pueblo
and for the County, shall submit to the Secretary of Energy an agreement
between the Secretary of the Interior and the County that allocates
between the Secretary of the Interior and the County the parcels to
which the United States has fee title.
(f) Plan for Conveyance and Transfer.--(1) Not later than 90 days
after the date of the submittal to the Secretary of Energy of the
agreement under subsection (e), the Secretary shall submit to the
congressional defense committees a plan for conveying or transferring
parcels of land under this section in accordance with the allocation
specified in the agreement.
(2) The plan under paragraph (1) shall provide for the completion of
the conveyance or transfer of parcels under this section not later than
9 months after the date of the submittal of the plan under that
paragraph.
(g) Conveyance or Transfer.--(1) Subject to paragraphs (2) and (3),
the Secretary shall convey or transfer parcels of land
[[Page 111 STAT. 2052]]
in accordance with the allocation specified in the agreement submitted
to the Secretary under subsection (e).
(2) In the case of a parcel allocated under the agreement that is
not available for conveyance or transfer in accordance with the
requirement in subsection (f)(2) by reason of its requirement to meet
the national security mission of the Department, the Secretary shall
convey or transfer the parcel, as the case may be, when the parcel is no
longer required for that purpose.
(3)(A) In the case of a parcel allocated under the agreement that is
not available for conveyance or transfer in accordance with such
requirement by reason of requirements for environmental restoration or
remediation, the Secretary shall convey or transfer the parcel, as the
case may be, upon the completion of the environmental restoration or
remediation that is required with respect to the parcel.
(B) If the Secretary determines that environmental restoration or
remediation cannot reasonably be expected to be completed with respect
to a parcel by the end of the 10-year period beginning on the date of
enactment of this Act, the Secretary shall not convey or transfer the
parcel under this section.
(h) Use of Conveyed or Transferred Land.--The parcels of land
conveyed or transferred under this section shall be used for historic,
cultural, or environmental preservation purposes, economic
diversification purposes, or community self-sufficiency purposes.
(i) Treatment of Conveyances and Transfers.--(1) The purpose of the
conveyances and transfers under this section is to fulfill the
obligations of the United States with respect to Los Alamos National
Laboratory, New Mexico, under sections 91 and 94 of the Atomic Energy
Community Act of 1955 (42 U.S.C. 2391, 2394).
(2) Upon the completion of the conveyance or transfer of the parcels
of land available for conveyance or transfer under this section, the
Secretary shall make no further payments with respect to Los Alamos
National Laboratory under section 91 or section 94 of the Atomic Energy
Community Act of 1955.
SEC. 3166. SENSE OF CONGRESS REGARDING THE Y-12 PLANT IN OAK RIDGE,
TENNESSEE.
It is the sense of Congress that the Y-12 Plant in Oak Ridge,
Tennessee, should be used as a national prototype center and that other
executive agencies should utilize this center, where appropriate, to
maximize their efficiency and cost effectiveness.
SEC. 3167. SUPPORT FOR PUBLIC EDUCATION IN THE VICINITY OF LOS ALAMOS
NATIONAL LABORATORY, NEW MEXICO.
(a) Availability of Funds.--Of the funds authorized to be
appropriated or otherwise made available to the Department of Energy by
this title, $5,000,000 shall be available for payment by the Secretary
of Energy to a nonprofit or not-for-profit educational foundation
chartered to enhance educational activities in the public schools in the
vicinity of Los Alamos National Laboratory, New Mexico (in this section
referred to as the ``Foundation'').
(b) Use of Funds.--(1) The Foundation shall utilize funds provided
under subsection (a) as the basis of, or as a contribution to, an
endowment fund for the Foundation.
(2) The Foundation shall use the income generated from investments
in the endowment fund that are attributable to the payment
[[Page 111 STAT. 2053]]
made under subsection (a) to fund programs to support the educational
needs of children in public schools in the vicinity of Los Alamos
National Laboratory.
(c) Report.--Not later than March 1, 1998, the Secretary shall
submit to the congressional defense committees a report setting forth
the following:
(1) The amount of, and a schedule for, payments to the
Foundation by the Secretary that are in addition to the payment
provided under subsection (a).
(2) A plan to ensure that the Secretary makes no other
payments to support the educational activities referred to in
subsection (b)(2) after September 30, 2002.
SEC. 3168. IMPROVEMENTS TO GREENVILLE ROAD, LIVERMORE, CALIFORNIA.
From amounts authorized to be appropriated or otherwise made
available to the Department of Energy by this title, funds shall be
available for improvements to Greenville Road, Livermore, California, as
follows:
(1) $3,500,000 in fiscal year 1998.
(2) $3,300,000 in fiscal year 1999.
SEC. 3169. REPORT ON ALTERNATIVE SYSTEM FOR AVAILABILITY OF FUNDS.
(a) Report.--Not later than October 1, 1998, the Secretary of Energy
shall submit to Congress a report assessing how
the Department of Energy could carry out a transition from a no-year
funding system to a limited-period funding system.
(b) Matters Covered.--The report shall cover the following matters:
(1) A conceptual proposal on how the no-year funding
system could be phased out.
(2) An estimate of the cost of making the transition to a
limited-period funding system.
(3) A description of the programmatic effects that could
occur if the no-year funding system is eliminated.
(4) A delineation of activities for which the no-year
funding system should be retained.
(c) Definitions.--In this section:
(1) The term ``no-year funding system'' means a funding
system in which funds are available to the Department of Energy
until expended.
(2) The term ``limited-period funding system'' means a
funding system in which funds are available to the Department of
Energy for a limited period of time.
SEC. 3170. REPORT ON REMEDIATION UNDER THE FORMERLY
UTILIZED SITES REMEDIAL ACTION PROGRAM.
Not later than March 1, 1998, the Secretary of Energy shall submit
to Congress a report containing information responding to the following
questions regarding the Formerly Utilized Sites Remedial Action Program:
(1) How many Formerly Utilized Sites remain to be
remediated, what portions of these remaining sites have
completed remediation (including any offsite contamination),
what portions of the sites remain to be remediated (including
any offsite contamination), what types of contaminants are
present at
[[Page 111 STAT. 2054]]
each site, and what are the projected timeframes for completing
remediation at each site?
(2) What is the cost of the remaining response actions
necessary to address actual or threatened releases of hazardous
substances at each Formerly Utilized Site, including any
contamination that is present beyond the perimeter of the
facilities?
(3) For each site, how much will it cost to remediate the
radioactive contamination, and how much will it cost to
remediate the non-radioactive contamination?
(4) How many sites potentially involve private parties that
could be held responsible for remediation costs, including
remediation costs related to offsite contamination?
(5) What type of agreements under the Formerly Utilized
Sites Remedial Action Program have been entered into with
private parties to resolve the level of liability for
remediation costs at these facilities, and to what extent have
these agreements been tied to a distinction between radioactive
and non-radioactive contamination present at these sites?
(6) What efforts have been undertaken by the Department to
ensure that the settlement agreements entered into with private
parties to resolve liability for remediation costs at these
facilities have been consistent on a program-wide basis?
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Report on external regulation of defense nuclear facilities.
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.).
SEC. 3202. <<NOTE: 42 USC 2286 note.>> REPORT ON EXTERNAL REGULATION OF
DEFENSE NUCLEAR FACILITIES.
(a) Reporting Requirement.--The Defense Nuclear Facilities Safety
Board (in this section referred to as the ``Board'') shall prepare a
report and make recommendations on its role in the Department of
Energy's decision to establish external regulation of defense nuclear
facilities. The report shall include the following:
(1) An assessment of the value of and the need for the Board
to continue to perform the functions specified under chapter 21
of the Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).
(2) An assessment of the relationship between the functions
of the Board and a proposal by the Department of Energy to place
Department of Energy defense nuclear facilities under the
jurisdiction of external regulatory agencies.
(3) An assessment of the functions of the Board and whether
there is a need to modify or amend such functions.
(4) An assessment of the relative advantages and
disadvantages to the Department and the public of continuing the
functions of the Board with respect to Department of Energy
defense
[[Page 111 STAT. 2055]]
nuclear facilities and replacing the activities of the Board
with external regulation of such facilities.
(5) A list of all existing or planned Department of Energy
defense nuclear facilities that are similar to facilities under
the regulatory jurisdiction of the Nuclear Regulatory
Commission.
(6) A list of all Department of Energy defense nuclear
facilities that are in compliance with all applicable Department
of Energy orders, regulations, and requirements relating to the
design, construction, operation, and decommissioning of defense
nuclear facilities.
(7) A list of all Department of Energy defense nuclear
facilities that have implemented, pursuant to an implementation
plan, recommendations made by the Board and accepted by the
Secretary of Energy.
(8) A list of Department of Energy defense nuclear
facilities that have a function related to Department weapons
activities.
(9)(A) A list of each existing defense nuclear facility that
the Board determines--
(i) should continue to stay within the jurisdiction
of the Board for a period of time or indefinitely; and
(ii) should come under the jurisdiction of an
outside regulatory authority.
(B) An explanation of the determinations made under
subparagraph (A).
(10) For any existing facilities that should, in the opinion
of the Board, come under the jurisdiction of an outside
regulatory authority, the date when this move would occur and
the period of time necessary for the transition.
(11) A list of any proposed Department of Energy defense
nuclear facilities that should come under the Board's
jurisdiction.
(12) An assessment of regulatory and other issues associated
with the design, construction, operation, and decommissioning of
facilities that are not owned by the Department of Energy but
which would provide services to the Department of Energy.
(13) An assessment of the role of the Board, if any, in
privatization projects undertaken by the Department.
(14) An assessment of the role of the Board, if any, in any
tritium production facilities.
(15) An assessment of the comparative advantages and
disadvantages to the Department of Energy in the event some or
all Department of Energy defense nuclear facilities were no
longer included in the functions of the Board and were regulated
by the Nuclear Regulatory Commission.
(16) A comparison of the cost, as identified by the Nuclear
Regulatory Commission, that would be incurred at a gaseous
diffusion plant to comply with regulations issued by the Nuclear
Regulatory Commission, with the cost that would be incurred by a
gaseous diffusion plant if such a plant was considered to be a
Department of Energy defense nuclear facility as defined by
chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 et
seq.).
(b) Comments on Report.--Before submission of the report to Congress
under subsection (c), the Board shall transmit the report to the
Secretary of Energy and the Nuclear Regulatory
[[Page 111 STAT. 2056]]
Commission. The Secretary and the Commission shall provide their
comments on the report to both the Board and to Congress.
(c) Submission to Congress.--Not later than six months after the
date of the enactment of this Act, the Board shall provide to Congress
an interim report on the status of the implementation of this section.
Not later than one year after the date of the enactment of this Act, and
not earlier than 30 days after receipt of comments from the Secretary of
Energy and the Nuclear Regulatory Commission under subsection (b), the
Board shall submit to Congress the report required under subsection (a).
(d) Definition.--In this section, the term ``Department of Energy
defense nuclear facility'' has the meaning provided by section 318 of
the Atomic Energy Act of 1954 (42 U.S.C. 2286g).
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Definitions.
Sec. 3302. Authorized uses of stockpile funds.
Sec. 3303. Disposal of beryllium copper master alloy in National Defense
Stockpile.
Sec. 3304. Disposal of titanium sponge in National Defense Stockpile.
Sec. 3305. Disposal of cobalt in National Defense Stockpile.
Sec. 3306. Required procedures for disposal of strategic and critical
materials.
Sec. 3307. Return of surplus platinum from the Department of the
Treasury.
SEC. 3301. <<NOTE: 50 USC 98d note.>> 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)).
(3) The term ``Market Impact Committee'' means the Market
Impact Committee established under section 10(c) of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C.
98h-1(c)).
SEC. 3302. AUTHORIZED USES OF STOCKPILE FUNDS.
(a) Obligation of Stockpile Funds.--During fiscal year 1998, the
National Defense Stockpile Manager may obligate up to $73,000,000 of the
funds in the National Defense Stockpile Transaction Fund for the
authorized uses of such funds under section 9(b)(2) of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98h(b)(2)).
(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.
[[Page 111 STAT. 2057]]
<<NOTE: 50 USC 98d note.>> SEC. 3303. DISPOSAL OF BERYLLIUM COPPER
MASTER ALLOY IN NATIONAL DEFENSE STOCKPILE.
(a) Disposal Authorization.--Pursuant to section 5(b) of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98d(b)),
the National Defense Stockpile Manager may dispose of all beryllium
copper master alloy from the National Defense Stockpile as part of
continued efforts to modernize the stockpile.
(b) Precondition for Disposal.--Before beginning the disposal of
beryllium copper master alloy under subsection (a), the National Defense
Stockpile Manager shall certify to Congress that the disposal of
beryllium copper master alloy will not adversely affect the capability
of the National Defense Stockpile to supply the strategic and critical
material needs of the United States.
(c) Consultation With Market Impact Committee.--In disposing of
beryllium copper master alloy under subsection (a), the National Defense
Stockpile Manager shall consult with the Market Impact Committee to
ensure that the disposal of beryllium copper master alloy does not
disrupt the domestic beryllium industry.
(d) Extended Sales Contracts.--The National Defense Stockpile
Manager shall provide for the use of long-term sales contracts for the
disposal of beryllium copper master alloy under subsection (a) so that
the domestic beryllium industry can re-absorb this material into the
market in a gradual and nondisruptive manner. However, no such contract
shall provide for the disposal of beryllium copper master alloy over a
period longer than eight years, beginning on the date of the
commencement of the first contract under this section.
(e) 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 materials in the National Defense Stockpile.
(f) Beryllium Copper Master Alloy Defined.--For purposes of this
section, the term ``beryllium copper master alloy'' means an alloy of
nominally four percent beryllium in copper.
SEC. 3304. <<NOTE: 50 USC 98d note.>> DISPOSAL OF TITANIUM SPONGE IN
NATIONAL DEFENSE STOCKPILE.
(a) Disposal Required.--Subject to subsection (b), the National
Defense Stockpile Manager shall dispose of 34,800 short tons of titanium
sponge contained in the National Defense Stockpile provided for in
section 4 of the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98c) and excess to stockpile requirements.
(b) Consultation With Market Impact Committee.--In disposing of
titanium sponge under subsection (a), the National Defense Stockpile
Manager shall consult with the Market Impact Committee to ensure that
the disposal of titanium sponge does not disrupt the domestic titanium
industry.
(c) 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 materials in the National Defense Stockpile.
SEC. 3305. <<NOTE: 50 USC 98d note.>> DISPOSAL OF COBALT IN NATIONAL
DEFENSE STOCKPILE.
(a) Disposal Required.--Subject to subsections (b) and (c), the
President shall dispose of cobalt contained in the National
[[Page 111 STAT. 2058]]
Defense Stockpile so as to result in receipts to the United States in
amounts equal to--
(1) $20,000,000 during fiscal year 2003;
(2) $30,000,000 during fiscal year 2004;
(3) $34,000,000 during fiscal year 2005;
(4) $34,000,000 during fiscal year 2006; and
(5) $34,000,000 during fiscal year 2007.
(b) Limitation on Disposal Quantity.--The total quantity of cobalt
authorized for disposal by the President under subsection (a) may not
exceed 14,058,014 pounds.
(c) Minimization of Disruption and Loss.--The President may not
dispose of cobalt 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 cobalt; or
(2) avoidable loss to the United States.
(d) Treatment of Receipts.--Notwithstanding section 9 of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h), funds
received as a result of the disposal of cobalt under subsection (a)
shall be deposited into the general fund of the Treasury.
(e) 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 materials in the National Defense Stockpile.
SEC. 3306. REQUIRED PROCEDURES FOR DISPOSAL OF STRATEGIC AND CRITICAL
MATERIALS.
Section 6(b) of the Strategic and Critical Materials Stock Piling
Act (50 U.S.C. 98e(b)) is amended in the first sentence by striking out
``materials from the stockpile shall be made by formal advertising or
competitive negotiation procedures.'' and inserting in lieu thereof
``strategic and critical materials from the stockpile shall be made in
accordance with the next sentence.''.
SEC. 3307. 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 required to be returned
shall be any quantity that the Secretary of Defense determines
appropriate for sale or other disposition.
(b) Alternative Transfer of Funds.--The Secretary of the Treasury,
with the concurrence of the Secretary of Defense, may transfer to the
Secretary of Defense funds in a total amount that is equal to the fair
market value of any platinum requested under subsection (a) and not
returned. A transfer of funds under this subsection shall be a
substitute for a return of platinum under subsection (a). Upon a
transfer of funds as a substitute for a return of platinum, the platinum
shall cease to be part of the National Defense Stockpile. A transfer of
funds under this subsection shall be charged to any appropriation for
the Department of the Treasury and shall be credited to the National
Defense Stockpile Transaction Fund.
[[Page 111 STAT. 2059]]
(c) Responsibility for Costs.--The return of platinum under
subsection (a) by the Secretary of the Treasury shall be made without
the expenditure of any funds available to the Department of Defense. The
Secretary of the Treasury shall be responsible for all costs incurred in
connection with the return, such as transportation, storage, testing,
refining, or casting costs.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
Sec. 3402. Price requirement on sale of certain petroleum during fiscal
year 1998.
Sec. 3403. Repeal of requirement to assign Navy officers to Office of
Naval
Petroleum and Oil Shale Reserves.
Sec. 3404. Transfer of jurisdiction, Naval Oil Shale Reserves Numbered 1
and 3.
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. <<NOTE: 10 USC 7430 note.>> PRICE REQUIREMENT ON SALE OF
CERTAIN PETROLEUM DURING FISCAL YEAR 1998.
Notwithstanding section 7430(b)(2) of title 10, United States Code,
during fiscal year 1998, any sale of any part of the United States share
of petroleum produced from Naval Petroleum Reserves Numbered 1, 2, and 3
shall be made at a price not less than 90 percent of the current sales
price, as estimated by the Secretary of Energy, of comparable petroleum
in the same area.
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.
SEC. 3404. TRANSFER OF JURISDICTION, NAVAL OIL SHALE RESERVES NUMBERED 1
AND 3.
(a) Transfer Required.--Chapter 641 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 7439. Certain oil shale reserves: transfer of jurisdiction and
petroleum exploration, development, and
production
``(a) Transfer Required.--(1) Upon the enactment of this section,
the Secretary of Energy shall transfer to the Secretary of the Interior
administrative jurisdiction over all public domain lands included within
Oil Shale Reserve Numbered 1 and those public domain lands included
within the undeveloped tracts of Oil Shale Reserve Numbered 3.
``(2) Not later than one year after the date of the enactment of
this section, the Secretary of Energy shall transfer to the Secretary of
the Interior administrative jurisdiction over those public domain lands
included within the developed tract of Oil Shale Reserve Numbered 3,
which consists of approximately 6,000 acres
[[Page 111 STAT. 2060]]
and 24 natural gas wells, together with pipelines and associated
facilities.
``(3) Notwithstanding the transfer of jurisdiction, the Secretary of
Energy shall continue to be responsible for all environmental
restoration, waste management, and environmental compliance activities
that are required under Federal and State laws with respect to
conditions existing on the lands at the time of the transfer.
``(4) Upon the transfer to the Secretary of the Interior of
jurisdiction over public domain lands under this subsection, the other
provisions of this chapter shall cease to apply with respect to the
transferred lands.
``(b) Authority To Lease.--(1) Beginning on the date of the
enactment of this section, or as soon thereafter as practicable, the
Secretary of the Interior shall enter into leases with one or more
private entities for the purpose of exploration for, and development and
production of, petroleum (other than in the form of oil shale) located
on or in public domain lands in Oil Shale Reserves Numbered 1 and 3
(including the developed tract of Oil Shale Reserve Numbered 3). Any
such lease shall be made in accordance with the requirements of the
Mineral Leasing Act (30 U.S.C. 181 et seq.) regarding the lease of oil
and gas lands and shall be subject to valid existing rights.
``(2) Notwithstanding the delayed transfer of the developed tract of
Oil Shale Reserve Numbered 3 under subsection (a)(2), the Secretary of
the Interior shall enter into a lease under paragraph (1) with respect
to the developed tract before the end of the one-year period beginning
on the date of the enactment of this section.
``(c) Management.--The Secretary of the Interior, acting through the
Director of the Bureau of Land Management, shall manage the lands
transferred under subsection (a) in accordance with the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and other
laws applicable to the public lands.
``(d) Transfer of Existing Equipment.--The lease of lands by the
Secretary of the Interior under this section may include the transfer,
at fair market value, of any well, gathering line, or related equipment
owned by the United States on the lands transferred under subsection (a)
and suitable for use in the exploration, development, or production of
petroleum on the lands.
``(e) Cost Minimization.--The cost of any environmental assessment
required pursuant to the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) in connection with a proposed lease under this
section shall be paid out of unobligated amounts available for
administrative expenses of the Bureau of Land Management.
``(f) Treatment of Receipts.--(1) Notwithstanding section 35 of the
Mineral Leasing Act (30 U.S.C. 191), all moneys received during the
period specified in paragraph (2) from a lease under this section
(including moneys in the form of sales, bonuses, royalties (including
interest charges collected under the Federal Oil and Gas Royalty
Management Act of 1982 (30 U.S.C. 1701 et seq.)), and rentals) shall be
covered into the Treasury of the United States and shall not be subject
to distribution to the States pursuant to subsection (a) of such section
35. Subject to a specific authorization and appropriation for this
purpose, such moneys may be used
[[Page 111 STAT. 2061]]
for reimbursement of environmental restoration, waste management, and
environmental compliance costs incurred by the United States with
respect to the lands transferred under subsection (a).
``(2) The period referred to in this subsection is the period
beginning on the date of the enactment of this section and ending on the
date on which the Secretary of Energy and the Secretary of the Interior
jointly certify to Congress that the sum of the moneys deposited in the
Treasury under paragraph (1) is equal to the total of the following:
``(A) The cost of all environmental restoration, waste
management, and environmental compliance activities incurred by
the United States with respect to the lands transferred under
subsection (a).
``(B) The cost to the United States to originally install
wells, gathering lines, and related equipment on the transferred
lands and any other cost incurred by the United States with
respect to the lands.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``7439. Certain oil shale reserves: transfer of jurisdiction and
petroleum exploration, development, and production.''.
TITLE XXXV--PANAMA CANAL COMMISSION
Subtitle A--Authorization of Expenditures From Revolving Fund
Sec. 3501. Short title.
Sec. 3502. Authorization of expenditures.
Sec. 3503. Purchase of vehicles.
Sec. 3504. Expenditures only in accordance with treaties.
Subtitle B--Facilitation of Panama Canal Transition
Sec. 3511. Short title; references.
Sec. 3512. Definitions relating to canal transition.
Part I--Transition Matters Relating to Commission Officers and Employees
Sec. 3521. Authority for the Administrator of the Commission to accept
appointment as the Administrator of the Panama Canal
Authority.
Sec. 3522. Post-Canal transfer personnel authorities.
Sec. 3523. Enhanced authority of Commission to establish compensation of
Commission officers and employees.
Sec. 3524. Travel, transportation, and subsistence expenses for
Commission personnel no longer subject to Federal travel
regulation.
Sec. 3525. Enhanced recruitment and retention authorities.
Sec. 3526. Transition separation incentive payments.
Sec. 3527. Labor-management relations.
Sec. 3528. Availability of Panama Canal Revolving Fund for severance pay
for
certain employees separated by Panama Canal Authority after
Canal Transfer Date.
Part II--Transition Matters Relating to Operation and Administration of
Canal
Sec. 3541. Establishment of procurement system and Board of Contract
Appeals.
Sec. 3542. Transactions with the Panama Canal Authority.
Sec. 3543. Time limitations on filing of claims for damages.
Sec. 3544. Tolls for small vessels.
Sec. 3545. Date of actuarial evaluation of FECA liability.
Sec. 3546. Appointment of notaries public.
Sec. 3547. Commercial services.
Sec. 3548. Transfer from President to Commission of certain regulatory
functions
relating to employment classification appeals.
[[Page 111 STAT. 2062]]
Sec. 3549. Enhanced printing authority.
Sec. 3550. Technical and conforming amendments.
Subtitle A--Authorization <<NOTE: Panama Canal Commission Authorization
Act for Fiscal Year 1998.>> 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 <<NOTE: Panama Canal Transition Facilitation Act of 1997.>>
B--Facilitation of Panama Canal Transition
SEC. 3511. SHORT TITLE; REFERENCES.
(a) Short <<NOTE: 22 USC 3601 note.>> 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
[[Page 111 STAT. 2063]]
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 Ethics and Reporting Requirements.--Such section is
further amended by adding at the end the following new subsection:
``(d) If before the Canal Transfer Date 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) during any period during which that individual serves
as both Administrator of the Commission and the Administrator of
the Panama Canal Authority--
``(A) 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;
``(B) that individual, with respect to participation
in any particular matter as the Administrator of the
Panama Canal Commission, is not subject to section
208(a) of title 18, United States Code, insofar as that
section would otherwise apply to that matter only
because the matter will have a direct and predictable
effect on the financial interest of the Panama Canal
Authority;
``(C) that individual is not subject to sections 203
and 205 of title 18, United States Code, with respect to
official
[[Page 111 STAT. 2064]]
acts performed as an agent or attorney for or otherwise
representing the Panama Canal Authority; and
``(D) that individual is not subject to 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; and
``(2) effective upon termination of the individual's
appointment as Administrator of the Panama Canal Commission at
noon on the Canal Transfer Date, that individual is not subject
to section 207 of title 18, United States Code, with respect to
acts done in carrying out official duties as 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)(1) Section 207 of title 18, United States Code, does not apply
to a covered individual with respect to acts done in carrying out
official duties as an officer or employee of the Panama Canal Authority.
``(2) For purposes of paragraph (1), a covered individual is an
officer or employee of the Panama Canal Authority who was an officer or
employee of the Commission (other than the Administrator) and whose
employment with the Commission terminated at noon on the Canal Transfer
Date.
``(3) This subsection is effective as of the Canal Transfer Date.''.
(b) Consent of Congress for Acceptance by Reserve and Retired
Members of the Uniformed Services of Employment by Panama Canal
Authority.--Such section is further amended by adding after subsection
(e), as added by subsection (a), the following new subsection:
``(f)(1) The Congress consents to the following persons accepting
civil employment (and compensation for that employment) with the Panama
Canal Authority for which the consent of the Congress is required by the
last paragraph of section 9 of article I of the Constitution of the
United States, relating to acceptance of emoluments, offices, or titles
from a foreign government:
``(A) Retired members of the uniformed services.
``(B) Members of a reserve component of the armed forces.
``(C) Members of the Commissioned Reserve Corps of the
Public Health Service.
``(2) The consent of the Congress under paragraph (1) is effective
without regard to subsection (b) of section 908 of title 37, United
States Code (relating to approval required for employment of Reserve and
retired members by foreign governments).''.
SEC. 3523. ENHANCED AUTHORITY OF COMMISSION TO ESTABLISH COMPENSATION OF
COMMISSION OFFICERS AND EMPLOYEES.
(a) Repeal of Limitations on Commission Authority.--The following
provisions are repealed:
(1) Section 1215 (22 U.S.C. 3655), relating to basic pay.
(2) Section 1219 (22 U.S.C. 3659), relating to salary
protection upon conversion of pay rate.
[[Page 111 STAT. 2065]]
(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.
(d) Nonapplicability to Agencies in Panama Other Than Panama Canal
Commission.--Section 1212(b)(3) (22 U.S.C. 3652(b)(3)) is amended by
striking out ``or the Panama Canal Act Amendments of 1996'' and
inserting in lieu thereof ``, the Panama Canal Act Amendments of 1996
(subtitle B of title XXXV of Public Law 104-201; 110 Stat. 2860), or the
Panama Canal Transition Facilitation Act of 1997''.
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 <<NOTE: 22 USC 3650 note.>> amendments
made by this section shall take effect on January 1, 1999.
[[Page 111 STAT. 2066]]
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 established in the
agreement. 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.
``(3) A recruitment or relocation bonus under this subsection may be
paid as a lump sum. 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
[[Page 111 STAT. 2067]]
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. <<NOTE: 22 USC 3673.>> (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;
[[Page 111 STAT. 2068]]
``(5) in the case of not more than 15 employees who (as
determined by the Commission) are unwilling to work for the
Panama Canal Authority after the Canal Transfer Date and who
occupy critical positions for which (as determined by the
Commission) at least two years of experience is necessary to
ensure that seasoned managers are in place on and after the
Canal Transfer Date, such a payment (notwithstanding paragraph
(4))--
``(A) may be in an amount determined by the
Commission not to exceed 50 percent of the basic pay of
the employee; and
``(B) may be made (notwithstanding the limitation
specified in subsection (c)(2)(D) of section 663) in the
case of such an employee who voluntarily separates
(whether by retirement or resignation) during the 90-day
period beginning on the date of the enactment of this
section; and
``(6) the provisions of subsection (f) of section 663 shall
not apply.
``(b) A decision by the Commission to exercise or to not exercise
the authority to pay a transition separation incentive under this
section shall not be subject to review under any statutory procedure or
any agency or negotiated grievance procedure except under any of the
laws referred to in section 2302(d) of title 5, United States Code.''.
SEC. 3527. LABOR-MANAGEMENT RELATIONS.
Section 1271 (22 U.S.C. 3701) is amended by adding at the end the
following new subsection:
``(c)(1) This subsection applies to any matter that becomes the
subject of collective bargaining between the Commission and the
exclusive representative for any bargaining unit of employees of the
Commission during the period beginning on the date of the enactment of
this subsection and ending on the Canal Transfer Date.
``(2)(A) The resolution of impasses resulting from collective
bargaining between the Commission and any such exclusive representative
during that period shall be conducted in accordance with such procedures
as may be mutually agreed upon between the Commission and the exclusive
representative (without regard to any otherwise applicable provisions of
chapter 71 of title 5, United States Code). Such mutually agreed upon
procedures shall become effective upon transmittal by the Chairman of
the Supervisory Board of the Commission to the Congress of notice of the
agreement to use those procedures and a description of those procedures.
``(B) The Federal Services Impasses Panel shall not have
jurisdiction to resolve any impasse between the Commission and any such
exclusive representative in negotiations over a procedure for resolving
impasses.
``(3) If the Commission and such an exclusive representative do not
reach an agreement concerning a procedure for resolving impasses with
respect to a bargaining unit and transmit notice of the agreement under
paragraph (2) on or before July 1, 1998, the following shall be the
procedure by which collective bargaining impasses between the Commission
and the exclusive representative for that bargaining unit shall be
resolved:
[[Page 111 STAT. 2069]]
``(A) If bargaining efforts do not result in an agreement,
either party may timely 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 the Federal Mediation and Conciliation Service shall
immediately notify the Federal Services Impasses Panel of the
Federal Labor Relations Authority, which shall decide the
impasse.
``(C) If the Federal Services Impasses Panel fails to issue
a decision within 90 days after the date on which notice under
subparagraph (B) is received by the Panel (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);
[[Page 111 STAT. 2070]]
(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 <<NOTE: 22 USC 3861.>> 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.
[[Page 111 STAT. 2071]]
``(e) Effective Date.--The <<NOTE: Federal Register, publication.>>
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) <<NOTE: 22 USC 3862.>> Establishment.--(1) The
Secretary of Defense, in consultation with the Commission, shall
establish a board of contract appeals, to be known as the Panama Canal
Board of Contract Appeals, in accordance with section 8 of the Contract
Disputes Act of 1978 (41 U.S.C. 607). Except as otherwise provided by
this section, the Panama Canal Board of Contract Appeals (in this
section referred to as the `Board') shall be subject to the Contract
Disputes Act of 1978 (41 U.S.C. 601 et seq.) in the same manner as any
other agency board of contract appeals established under that Act.
``(2) The Board shall consist of three members. At least one member
of the Board shall be licensed to practice law in the Republic of
Panama. Individuals appointed to the Board shall take an oath of office,
the form of which shall be prescribed by the Secretary of Defense.
``(b) Exclusive Jurisdiction To Decide Appeals.--Notwithstanding
section 10(a)(1) of the Contract Disputes Act of 1978 (41 U.S.C.
609(a)(1)) or any other provision of law, the Board shall have exclusive
jurisdiction to decide an appeal from a decision of a contracting
officer under section 8(d) of such Act (41 U.S.C. 607(d)).
``(c) Exclusive Jurisdiction To Decide Protests.--The Board shall
decide protests submitted to it under this subsection by interested
parties in accordance with subchapter V of title 31, United States Code.
Notwithstanding section 3556 of that title, section 1491(b) of title 28,
United States Code, and any other provision of law, the Board shall have
exclusive jurisdiction to decide such protests. For purposes of this
subsection--
``(1) except as provided in paragraph (2), each reference to
the Comptroller General in sections 3551 through 3555 of title
31, United States Code, is deemed to be a reference to the
Board;
``(2) the reference to the Comptroller General in section
3553(d)(3)(C)(ii) of such title is deemed to be a reference to
both the Board and the Comptroller General;
``(3) the report required by paragraph (1) of section
3554(e) of such title shall be submitted to the Comptroller
General as well as the committees listed in such paragraph;
``(4) the report required by paragraph (2) of such section
shall be submitted to the Comptroller General as well as
Congress; and
``(5) section 3556 of such title shall not apply to the
Board, but nothing in this subsection shall affect the right of
an interested party to file a protest with the appropriate
contracting officer.
``(d) Procedures.--The Board shall prescribe such procedures as may
be necessary for the expeditious decision of appeals and protests under
subsections (b) and (c).
``(e) Commencement.--The Board shall begin to function as soon as it
has been established and has prescribed procedures under subsection (d),
but not later than January 1, 1999.
[[Page 111 STAT. 2072]]
``(f) Transition.--The Board shall have jurisdiction under
subsections (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''.
[[Page 111 STAT. 2073]]
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(a) (22 U.S.C. 3714b(a)) 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
[[Page 111 STAT. 2074]]
(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 <<NOTE: 5 USC 5724 note.>> 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'' the second place it appears 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) <<NOTE: 22 USC 3602, 3622, 3731.>> (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(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)''.
[[Page 111 STAT. 2075]]
TITLE XXXVI--MARITIME ADMINISTRATION
Sec. 3601. Authorization of appropriations for fiscal year 1998.
Sec. 3602. Repeal of obsolete annual report requirement concerning
relative cost of shipbuilding in the various coastal
districts of the United States.
Sec. 3603. Provisions relating to maritime security fleet program.
Sec. 3604. Authority to utilize replacement vessels and capacity.
Sec. 3605. Authority to convey National Defense Reserve Fleet vessel.
Sec. 3606. Determination of gross tonnage for purposes of tank vessel
double hull requirements.
SEC. 3601. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 1998.
Funds are hereby authorized to be appropriated for fiscal year 1998,
to be available without fiscal year limitation if so provided in
appropriation Acts, for the use of the Department of Transportation for
the Maritime Administration as follows:
(1) For expenses necessary for operations and training
activities, $70,000,000.
(2) For expenses under the loan guarantee program authorized
by title XI of the Merchant Marine Act, 1936 (46 U.S.C. App.
1271 et seq.), $39,000,000 of which--
(A) $35,000,000 is for the cost (as defined in
section 502(5) of the Federal Credit Reform Act of 1990
(2 U.S.C. 661a(5))) of loan guarantees under the
program; and
(B) $4,000,000 is for administrative expenses
related to loan guarantee commitments under the program.
SEC. 3602. REPEAL OF OBSOLETE ANNUAL REPORT REQUIREMENT CONCERNING
RELATIVE COST OF SHIPBUILDING IN THE VARIOUS COASTAL
DISTRICTS OF THE UNITED STATES.
(a) Repeal.--Section 213 of the Merchant Marine Act, 1936 (46 U.S.C.
App. 1123), is amended by striking out paragraph (c).
(b) Conforming Amendments.--Such section is further
amended--
(1) by striking out ``on--'' in the matter preceding
paragraph (a) and inserting in lieu thereof ``on the
following:'';
(2) by redesignating paragraphs (a) and (b) as paragraphs
(1) and (2), respectively;
(3) by striking out the semicolon at the end of each of
those paragraphs and inserting in lieu thereof a period; and
(4) by realigning those paragraphs so as to be indented 2
ems from the left margin.
SEC. 3603. PROVISIONS RELATING TO MARITIME SECURITY FLEET PROGRAM.
(a) Authority of Contractors To Operate Self-Propelled Tank Vessels
in Noncontiguous Domestic Trades.--Section 656(b) of the Merchant Marine
Act, 1936 (46 U.S.C. App. 1187e(b)) is amended by inserting ``(1)''
after ``(b)'', and by adding at the end the following new paragraph:
``(2) Subsection (a) shall not apply to operation by a contractor of
a self-propelled tank vessel in a noncontiguous domestic trade, or to
ownership by a contractor of an interest in a self-propelled tank vessel
that operates in a noncontiguous domestic trade.''.
(b) Relief From Delay in Certain Operations Following
Documentation.--Section 652(c) of the Merchant Marine Act, 1936
[[Page 111 STAT. 2076]]
(46 U.S.C. 1187a(c)) <<NOTE: 46 USC app. 1187a.>> is amended by adding
at the end the following: ``The restrictions of section 901(b)(1) of
this Act concerning the building, rebuilding, or documentation of a
vessel in a foreign country shall not apply to a vessel for any day the
operator of that vessel is receiving payments under an operating
agreement under this subtitle.''.
SEC. 3604. AUTHORITY TO UTILIZE REPLACEMENT VESSELS AND CAPACITY.
Section 653(d)(1) of the Merchant Marine Act, 1936 (46 U.S.C. App.
1187b(d)(1)) is amended to read as follows:
``(1) a contractor or other person that commits to make
available a vessel or vessel capacity under the Emergency
Preparedness Program or another primary sealift readiness
program approved by the Secretary of Defense may, during the
activation of that vessel or capacity under that program,
operate or employ in foreign commerce a foreign-flag vessel or
foreign-flag vessel capacity as a temporary replacement for the
activated vessel or capacity; and''.
SEC. 3605. AUTHORITY TO CONVEY NATIONAL DEFENSE RESERVE FLEET VESSEL.
(a) Authority To Convey.--The Secretary of Transportation may convey
all right, title, and interest of the Federal Government in and to the
vessel GOLDEN BEAR (United States official number 239932) to the Artship
Foundation, located in Oakland, California (in this section referred to
as the ``recipient''), for use as a multicultural center for the arts.
(b) Terms of Conveyance.--
(1) Delivery of vessel.--In carrying out subsection (a), the
Secretary shall deliver the vessel--
(A) at the place where the vessel is located on the
date of conveyance;
(B) in its condition on that date; and
(C) at no cost to the Federal Government.
(2) Required conditions.--The Secretary may not convey a
vessel under this section unless--
(A) the recipient agrees to hold the Government
harmless for any claims arising from exposure to
hazardous material, including asbestos and
polychlorinated biphenyls, after conveyance of the
vessel, except for claims arising before the date of the
conveyance or from use of the vessel by the Government
after that date; and
(B) the recipient has available, for use to restore
the vessel, in the form of cash, liquid assets, or a
written loan commitment, financial resources of at least
$100,000.
(3) Additional terms.--The Secretary may require such
additional terms in connection with the conveyance authorized by
this section as the Secretary considers appropriate.
(c) Other Unneeded Equipment.--The Secretary may convey to the
recipient of the vessel conveyed under this section any unneeded
equipment from other vessels in the National Defense Reserve Fleet, for
use to restore the vessel conveyed under this section to museum quality.
[[Page 111 STAT. 2077]]
SEC. 3606. DETERMINATION OF GROSS TONNAGE FOR PURPOSES OF TANK VESSEL
DOUBLE HULL REQUIREMENTS.
Section 3703a of title 46, United States Code, is amended by adding
at the end the following:
``(e)(1) For the purposes of this section and except as otherwise
provided in paragraphs (2) and (3) of this subsection, the gross tonnage
of a vessel shall be the gross tonnage that would have been recognized
by the Secretary on July 1, 1997, as the tonnage measured under section
14502 of this title, or as an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary under section 14104
of this title.
``(2)(A) The Secretary may waive the application of paragraph (1) to
a tank vessel if--
``(i) the owner of the tank vessel applies to the Secretary
for the waiver before January 1, 1998;
``(ii) the Secretary determines that--
``(I) the owner of the tank vessel has entered into
a binding agreement to alter the tank vessel in a
shipyard in the United States to reduce the gross
tonnage of the tank vessel by converting a portion of
the cargo tanks of the tank vessel into protectively
located segregated ballast tanks; and
``(II) that conversion will result in a significant
reduction in the risk of a discharge of oil;
``(iii) at least 60 days before the date of the issuance of
the waiver, the Secretary--
``(I) publishes notice that the Secretary has
received the application and made the determinations
required by clause (ii), including a description of the
agreement entered into pursuant to clause (ii)(I); and
``(II) provides an opportunity for submission of
comments regarding the application; and
``(iv) the alterations referred to in clause (ii)(I) are
completed before the later of--
``(I) the date by which the first special survey of
the tank vessel is required to be completed after the
date of the enactment of the National Defense
Authorization Act for Fiscal Year 1998; or
``(II) July 1, 1999.
``(B) A waiver under subparagraph (A) shall not be effective after
the expiration of the 3-year period beginning on the first date on which
the tank vessel would have been prohibited by subsection (c) from
operating if the alterations referred to in subparagraph (A)(ii)(I) were
not made.
[[Page 111 STAT. 2078]]
``(3) This subsection does not apply to a tank vessel that, before
July 1, 1997, had undergone, or was the subject of a contract for,
alterations that reduce the gross tonnage of the tank vessel, as shown
by reliable evidence acceptable to the Secretary.''.
Approved November 18, 1997.
LEGISLATIVE HISTORY--H.R. 1119 (S. 924) (S. 936):
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HOUSE REPORTS: No. 105-132 (Comm. on National Security) and 105-340
(Comm. of Conference).
SENATE REPORTS: No. 105-29 accompanying S. 924 and S. 936 (Comm. on
Armed Services).
CONGRESSIONAL RECORD, Vol. 143 (1997):
June 19, 20, 23-25, considered and passed House.
July 11, considered and passed Senate, amended.
Oct. 28, House agreed to conference report.
Nov. 5, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 33 (1997):
Nov. 18, Presidential statement.
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