[DOCID: f:h1119rh.txt]
Union Calendar No. 75
105th CONGRESS
1st Session
H. R. 1119
[Report No. 105-132]
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal years 1998 and 1999 for military
activities of the Department of Defense, to prescribe military
personnel strengths for fiscal years 1998 and 1999, and for other
purposes.
_______________________________________________________________________
June 16, 1997
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
Union Calendar No. 75
105th CONGRESS
1st Session
H. R. 1119
[Report No. 105-132]
To authorize appropriations for fiscal years 1998 and 1999 for military
activities of the Department of Defense, to prescribe military
personnel strengths for fiscal years 1998 and 1999, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 19, 1997
Mr. Spence (for himself and Mr. Dellums) (both by request) introduced
the following bill; which was referred to the Committee on National
Security
June 16, 1997
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on March
19, 1997]
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal years 1998 and 1999 for military
activities of the Department of Defense, to prescribe military
personnel strengths for fiscal years 1998 and 1999, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense Authorization Act
for Fiscal Year 1998''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into three divisions as
follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Reserve components.
Sec. 106. Defense Inspector General.
Sec. 107. Chemical Demilitarization Program.
Sec. 108. Defense health programs.
Sec. 109. Defense Export Loan Guarantee Program.
Subtitle B--Other Matters
Sec. 121. Limitation on obligation of funds for the Seawolf Submarine
program.
Sec. 122. Report on annual budget submission regarding the reserve
components.
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.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Manufacturing technology program.
Sec. 212. Report on Strategic Environmental Research and Development
Program.
Sec. 213. Tactical unmanned aerial vehicles.
Sec. 214. Revisions to membership of and appointment authority for
National Ocean Research Leadership Council.
Sec. 215. Maintenance and repair of real property at Air Force
installations.
Sec. 216. Expansion of eligibility for Defense Experimental Program to
Stimulate Competitive Research.
Sec. 217. Limitation on use of funds for adaption of Integrated
Defensive Electronic Countermeasures
(IDECM) program to F/A-18E/F aircraft and
A/V-8B aircraft.
Sec. 218. Bioassay testing of veterans exposed to ionizing radiation
during military service.
Subtitle C--Ballistic Missile Defense Programs
Sec. 231. Budgetary treatment of amounts requested for procurement for
Ballistic Missile Defense programs.
Sec. 232. Cooperative ballistic missile defense program.
Sec. 233. Deployment dates for core theater missile defense programs
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. Tactical high energy laser 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. Transfer from National Defense Stockpile Transaction Fund.
Sec. 305. Refurbishment and installation of air search radar.
Sec. 306. Refurbishment of M1-A1 tanks.
Sec. 307. Procurement and electronic commerce technical assistance
program.
Sec. 308. Availability of funds for separation pay for defense
acquisition personnel.
Subtitle B--Military Readiness Issues
Sec. 311. Expansion of scope of quarterly readiness reports.
Sec. 312. Limitation on reallocation of funds within operation and
maintenance appropriations.
Sec. 313. Operation of prepositioned fleet, National Training Center,
Fort Irwin, California.
Sec. 314. Prohibition of implementation of tiered readiness system.
Sec. 315. Reports on transfers from high-priority readiness
appropriations.
Sec. 316. Report on Chairman, Joint Chiefs of Staff Exercise Program
and Partnership for Peace program.
Sec. 317. Quarterly reports on execution of operation and maintenance
appropriations.
Subtitle C--Civilian Personnel
Sec. 321. Pay practices when overseas teachers transfer to general
schedule positions.
Sec. 322. Use of approved fire-safe accommodations by Government
employees on official business.
Subtitle D--Depot-Level Activities
Sec. 331. Extension of authority for aviation depots and naval
shipyards to engage in defense-related
production and services.
Sec. 332. Exclusion of certain large maintenance and repair projects
from percentage limitation on contracting
for depot-level maintenance.
Sec. 333. Restrictions on contracts for performance of depot-level
maintenance and repair at certain
facilities.
Sec. 334. Core logistics functions of Department of Defense.
Sec. 335. Centers of Industrial and Technical Excellence.
Sec. 336. Personnel reductions, Army depots participating in Army
Workload and Performance System.
Subtitle E--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. Authorization to pay negotiated settlement for environmental
cleanup at former Department of Defense
sites in Canada.
Sec. 344. Modifications of authority to store and dispose of nondefense
toxic and hazardous materials.
Sec. 345. Revision of report requirement for Navy program to monitor
ecological effects of organotin.
Sec. 346. Partnerships for investment in innovative environmental
technologies.
Sec. 347. Pilot program to test an alternative technology for
eliminating solid and liquid waste
emissions during ship operations.
Subtitle F--Commissaries and Nonappropriated Fund Instrumentalities
Sec. 361. Reorganization of laws regarding commissaries and exchanges
and other morale, welfare, and recreation
activities.
Sec. 362. Merchandise and pricing requirements for commissary stores.
Sec. 363. Limitation on noncompetitive procurement of brand-name
commercial items for resale in commissary
stores.
Sec. 364. Transfer of jurisdiction over exchange, commissary, and
morale, welfare, and recreation activities
to Under Secretary of Defense
(Comptroller).
Sec. 365. Public and private partnerships to benefit morale, welfare,
and recreation activities.
Sec. 366. Treatment of certain amounts received by Defense Commissary
Agency.
Sec. 367. Authorized use of appropriated funds for relocation of Navy
Exchange Service Command.
Subtitle G--Other Matters
Sec. 371. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces
and Department of Defense civilian
employees.
Sec. 372. Continuation of Operation Mongoose.
Sec. 373. Inclusion of Air Force depot maintenance as operation and
maintenance budget activity group.
Sec. 374. Programs to commemorate 50th anniversary of Marshall Plan and
Korean conflict.
Sec. 375. Prohibition on use of Special Operations Command budget for
base operation support.
Sec. 376. Continuation and expansion of demonstration program to
identify overpayments made to vendors.
Sec. 377. Applicability of Federal printing requirements to Defense
Automated Printing Service.
Sec. 378. Base operations support for military installations on Guam.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Increase in number of members in certain grades authorized to
serve on active duty in support of the
reserves.
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
selection boards.
Sec. 504. Authority to defer mandatory retirement for age of officers
serving as chaplains.
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. Time-in-grade requirements for reserve commissioned officers
retired during force drawdown period.
Sec. 515. Authority to permit non-unit assigned officers to be
considered by vacancy promotion board to
general officer grades.
Sec. 516. Grade requirement for officers eligible to serve on
involuntary separation boards.
Sec. 517. Limitation on use of Air Force Reserve AGR personnel for Air
Force base security functions.
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.
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
Sec. 541. Independent panel to review military basic training.
Sec. 542. Reform of Army drill sergeant selection and training process.
Sec. 543. Requirement for candidates for admission to United States
Naval Academy to take oath of allegiance.
Sec. 544. Reimbursement of expenses incurred for instruction at service
academies of persons from foreign
countries.
Sec. 545. United States Naval Postgraduate School.
Sec. 546. Air Force Academy cadet foreign exchange program.
Sec. 547. Training in human relations matters for Army drill sergeant
trainees.
Sec. 548. Study of feasibility of gender-segregated basic training.
Subtitle F--Military Decorations and Awards
Sec. 551. Study of new decorations for injury or death in line of duty.
Sec. 552. Purple heart to be awarded only to members of the armed
forces.
Sec. 553. Eligibility for Armed Forces Expeditionary Medal for
participation in Operation Joint Endeavor
or Operation Joint Guard.
Sec. 554. Waiver of time limitations for award of certain decorations
to specified persons.
Subtitle G--Other Matters
Sec. 561. Suspension of temporary early retirement authority.
Sec. 562. Treatment of educational accomplishments of National Guard
Challenge Program participants.
Sec. 563. Authority for personnel to participate in management of
certain non-Federal entities.
Sec. 564. Crew requirements of WC-130J aircraft.
Sec. 565. Comptroller General study of Department of Defense civil
military programs.
Sec. 566. Treatment of participation of members in Department of
Defense civil military programs.
Sec. 567. Continuation of support to senior military colleges.
Sec. 568. Restoration of missing persons authorities applicable to
Department of Defense as in effect before
enactment of National Defense Authorization
Act for Fiscal Year 1997.
Sec. 569. Establishment of sentence of confinement for life without
eligibility for parole.
Sec. 570. Limitation on appeal of denial of parole for offenders
serving life sentence.
Sec. 571. Establishment of Public Affairs Branch in the Army.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 1998.
Sec. 602. Annual adjustment of basic pay and protection of member's
total compensation while performing certain
duty.
Sec. 603. Use of food cost information to determine basic allowance for
subsistence.
Sec. 604. Consolidation of basic allowance for quarters, variable
housing allowance, and overseas housing
allowances.
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. Availability of multiyear retention bonus for dental
officers.
Sec. 616. Increase in variable and additional special pays for certain
dental officers.
Sec. 617. Special pay for duty at designated hardship duty locations.
Sec. 618. Selected Reserve reenlistment bonus.
Sec. 619. Selected Reserve enlistment bonus for former enlisted
members.
Sec. 620. Special pay or bonuses for enlisted members extending tours
of duty overseas.
Sec. 621. Increase in amount of family separation allowance.
Sec. 622. Change in requirements for Ready Reserve muster duty
allowance.
Subtitle C--Travel and Transportation Allowances
Sec. 631. Travel and transportation allowances for dependents of member
sentenced by court-martial.
Sec. 632. Dislocation allowance.
Subtitle D--Retired Pay, Survivor Benefits, and Related Matters
Sec. 641. Time in which certain changes in beneficiary under survivor
benefit plan may be made.
Subtitle E--Other Matters
Sec. 651. Definition of sea duty for purposes of career sea pay.
Sec. 652. Loan repayment program for commissioned officers in certain
health professions.
Sec. 653. Conformance of NOAA commissioned officers separation pay to
separation pay for members of other
uniformed services.
Sec. 654. Reimbursement of Public Health Service officers for adoption
expenses.
Sec. 655. Payment of back quarters and subsistence allowances to World
War II veterans who served as guerrilla
fighters in the Philippines.
Sec. 656. Space available travel for members of selected reserve.
Sec. 657. Study on military personnel at, near, or below the poverty
line.
Sec. 658. Implementation of Department of Defense supplemental food
program for military personnel outside the
United States.
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.
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. Limitation on total payments.
Sec. 723. Continued acquisition of reduced-cost drugs.
Subtitle D--Other Changes to Existing Laws Regarding Health Care
Management
Sec. 731. Waiver or reduction of copayments under overseas dental
program.
Sec. 732. Premium collection requirements for medical and dental
insurance programs.
Sec. 733. Consistency between CHAMPUS and medicare in payment rates for
services.
Sec. 734. Use of personal services contracts for provision of health
care services and legal protection for
providers.
Sec. 735. Portability of State licenses for Department of Defense
health care professionals.
Sec. 736. Standard form and requirements regarding claims for payment
for services.
Sec. 737. Medical personnel conscience clause.
Subtitle E--Other Matters
Sec. 741. Continued admission of civilians as students in physician
assistant training program of Army Medical
Department.
Sec. 742. Emergency health care in connection with overseas activities
of On-Site Inspection Agency of Department
of Defense.
Sec. 743. Comptroller General study of adequacy and effect of maximum
allowable charges for physicians under
CHAMPUS.
Sec. 744. Comptroller General study of Department of Defense pharmacy
programs.
Sec. 745. Comptroller General study of Navy graduate medical education
program.
Sec. 746. Study of expansion of pharmaceuticals by mail program to
include additional medicare-eligible
covered beneficiaries.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy
Sec. 801. Case-by-case waivers of domestic source limitations.
Sec. 802. Expansion of authority to enter into contracts crossing
fiscal years to all severable services
contracts not exceeding a year.
Sec. 803. Clarification of vesting of title under contracts.
Sec. 804. Exclusion of disaster relief, humanitarian, and peacekeeping
operations from restrictions on use of
undefinitized contract actions.
Sec. 805. Limitation and report on payment of restructuring costs under
defense contracts.
Sec. 806. Authority relating to purchase of certain vehicles.
Sec. 807. Multiyear procurement contracts.
Sec. 808. Domestic source limitation amendments.
Sec. 809. Repeal of expiration of domestic source limitation for
certain naval vessel propellers.
Subtitle B--Other Matters
Sec. 821. Repeal of certain acquisition reports and requirements.
Sec. 822. Extension of authority for use of test and evaluation
installations by commercial entities.
Sec. 823. Requirement to develop and maintain list of firms not
eligible for defense contracts.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Sec. 901. Limitation on operation and support funds for the Office of
the Secretary of Defense.
Sec. 902. Components of National Defense University.
Sec. 903. Authorization for the Marine Corps University to employ
civilian professors.
Sec. 904. Center for the Study of Chinese Military Affairs.
Sec. 905. White House Communications Agency.
Sec. 906. Revision to required frequency for provision of policy
guidance for contingency plans.
Sec. 907. Termination of the Defense Airborne Reconnaissance Office.
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 supplemental appropriations for fiscal year
1997.
Sec. 1005. Increase in fiscal year 1996 transfer authority.
Sec. 1006. Fisher House trust funds.
Sec. 1007. Flexibility in financing closure of certain outstanding
contracts for which a small final payment
is due.
Subtitle B--Naval Vessels and Shipyards
Sec. 1021. Relationship of certain laws to disposal of vessels for
export from the Naval Vessel Register and
the National Defense Reserve Fleet.
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. Naming of a DDG-51 class destroyer the U.S.S. Thomas F.
Connolly.
Sec. 1025. Congressional review period with respect to transfer of the
ex-U.S.S. Midway (CV-41).
Subtitle C--Counter-Drug Activities
Sec. 1031. Prohibition on use of National Guard for civil-military
activities under State drug interdiction
and counter-drug activities plan.
Subtitle D--Miscellaneous Report Requirements and Repeals
Sec. 1041. Repeal of miscellaneous obsolete reports required by prior
defense authorization Acts.
Sec. 1042. Repeal of annual report requirement relating to training of
special operations forces with friendly
foreign forces.
Subtitle E--Other Matters
Sec. 1051. Authority for special agents of the Defense Criminal
Investigative Service to execute warrants
and make arrests.
Sec. 1052. Study of investigative practices of military criminal
investigative organizations relating to sex
crimes.
Sec. 1053. Technical and clerical amendments.
Sec. 1054. Display of POW/MIA flag.
Sec. 1055. Certification required before observance of moratorium on
use by Armed Forces of antipersonnel
landmines.
Sec. 1056. Protection of safety-related information voluntarily
provided by air carriers.
Sec. 1057. National Guard Challenge Program to create opportunities for
civilian youth.
Sec. 1058. Lease of non-excess personal property of the military
departments.
Sec. 1059. Commendation of members of the Armed Forces and Government
civilian personnel who served during the
Cold War.
TITLE XI--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
UNION
Sec. 1101. Specification of Cooperative Threat Reduction programs.
Sec. 1102. Fiscal year 1998 funding allocations.
Sec. 1103. Prohibition on use of funds for specified purposes.
Sec. 1104. Limitation on use of funds until specified reports are
submitted.
Sec. 1105. Limitation on use of funds until submission of
certification.
Sec. 1106. Use of funds for chemical weapons destruction facility.
Sec. 1107. Limitation on use of funds for storage facility for Russian
fissile material.
Sec. 1108. Limitation on use of funds for weapons storage security.
Sec. 1109. Report to Congress on issues regarding payment of taxes or
duties on assistance provided to Russia
under Cooperative Threat Reduction
programs.
Sec. 1110. Limitation on obligation of funds for a specified period.
Sec. 1111. Availability of funds.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
Sec. 1201. Reports to Congress relating to United States forces in
Bosnia.
Sec. 1202. One-year extension of counterproliferation authorities.
Sec. 1203. Report on future military capabilities and strategy of the
People's Republic of China.
Sec. 1204. Temporary use of general purpose vehicles and nonlethal
military equipment under acquisition and
cross servicing agreements.
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 Air
Station, Pascagoula, Mississippi, for which
funds have been appropriated.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Authorization of military construction project at McConnell
Air Force Base, Kansas, for which funds
have been appropriated.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Military housing planning and design.
Sec. 2403. Improvements to military family housing units.
Sec. 2404. Energy conservation projects.
Sec. 2405. Authorization of appropriations, Defense Agencies.
Sec. 2406. Correction in authorized uses of funds, McClellan Air Force
Base, California.
Sec. 2407. Modification of authority to carry out 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, Salt Lake City, 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 Over-
the-Horizon Radar in 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. Administrative expenses for certain real property
transactions.
Sec. 2813. Disposition of proceeds from sale of Air Force Plant 78,
Brigham City, Utah.
Subtitle C--Defense Base Closure and Realignment
Sec. 2821. Consideration of military installations as sites for new
Federal facilities.
Sec. 2822. Prohibition against conveyance of property at military
installations to State-owned shipping
companies.
Subtitle D--Land Conveyances
Part I--Army Conveyances
Sec. 2831. Land conveyance, James T. Coker Army Reserve Center, Durant,
Oklahoma.
Sec. 2832. Land conveyance, Fort A. P. Hill, Virginia.
Sec. 2833. Expansion of land conveyance, Indiana Army Ammunition Plant,
Charlestown, Indiana.
Sec. 2834. Modification of land conveyance, Lompoc, California.
Sec. 2835. Modification of land conveyance, Rocky Mountain Arsenal,
Colorado.
Sec. 2836. Correction of land conveyance authority, Army Reserve
Center, Anderson, South Carolina.
Sec. 2837. Land conveyance, Fort Bragg, North Carolina.
Sec. 2838. Land conveyance, Gibson Army Reserve Center, Chicago,
Illinois.
Sec. 2839. Land conveyance, Fort Dix, New Jersey.
Part II--Navy Conveyances
Sec. 2851. 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. Study of land exchange options, Shaw Air Force Base, South
Carolina.
Sec. 2863. Land conveyance, March Air Force Base, California.
Subtitle E--Other Matters
Sec. 2881. Repeal of requirement to operate Naval Academy dairy farm.
Sec. 2882. Long-term lease of property, Naples Italy.
Sec. 2883. Designation of military family housing at Lackland Air Force
Base, Texas, in honor of Frank Tejeda, a
former Member of the House of
Representatives.
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. Integrated natural resource management plans.
Sec. 2905. Review for preparation of integrated natural resource
management plans.
Sec. 2906. Annual reviews and reports.
Sec. 2907. Transfer of wildlife conservation fees from closed military
installations.
Sec. 2908. Federal enforcement of integrated natural resource
management plans and enforcement of other
laws.
Sec. 2909. Natural resource management services.
Sec. 2910. Definitions.
Sec. 2911. Cooperative agreements.
Sec. 2912. Repeal of superseded provision.
Sec. 2913. Clerical amendments.
Sec. 2914. Authorizations of appropriations.
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. Authority relating to transfers of defense environmental
management funds.
Subtitle C--Program Authorizations, Restrictions, and Limitations
Sec. 3131. Ballistic Missile Defense National Laboratory Program.
Subtitle D--Other Matters
Sec. 3141. Plan for stewardship, management, and certification of
warheads in the nuclear weapons stockpile.
Sec. 3142. Repeal of obsolete reporting requirements.
Sec. 3143. Revisions to defense nuclear facilities workforce
restructuring plan requirements.
Sec. 3144. Extension of authority for appointment of certain
scientific, engineering, and technical
personnel.
Sec. 3145. Report on proposed contract for Hanford Tank Waste
Vitrification project.
Sec. 3146. Limitation on conduct of subcritical nuclear weapons tests.
Sec. 3147. Limitation on use of certain funds until future use plans
are submitted.
Sec. 3148. Plan for external oversight of national laboratories.
Sec. 3149. University-based research center.
Sec. 3150. Stockpile stewardship program.
Sec. 3151. Reports on advanced supercomputer sales to certain foreign
nations.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Plan for transfer of facilities from jurisdiction of Defense
Nuclear Facilities Safety Board to
jurisdiction of Nuclear Regulatory
Commission.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Authorized uses of stockpile funds.
Sec. 3302. Disposal of beryllium copper master alloy in National
Defense Stockpile.
Sec. 3303. Disposal of titanium sponge in National Defense Stockpile.
Sec. 3304. Conditions on transfer of stockpiled platinum reserves for
Treasury use.
Sec. 3305. Restrictions on disposal of certain manganese ferro.
Sec. 3306. Required procedures for disposal of strategic and critical
materials.
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. Termination of assignment of Navy officers to Office of
Naval Petroleum and Oil Shale Reserves.
TITLE XXXV--PANAMA CANAL COMMISSION
Subtitle A--Authorization of Expenditures From Revolving Fund
Sec. 3501. Short title.
Sec. 3502. Authorization of expenditures.
Sec. 3503. Purchase of vehicles.
Sec. 3504. Expenditures only in accordance with treaties.
Subtitle B--Facilitation of Panama Canal Transition
Sec. 3511. Short title; references.
Sec. 3512. Definitions relating to Canal transition.
Part I--Transition Matters Relating to Commission Officers and
Employees
Sec. 3521. Authority for the Administrator of the Commission to accept
appointment as the Administrator of the
Panama Canal Authority.
Sec. 3522. Post-Canal Transfer Personnel Authorities.
Sec. 3523. Enhanced authority of Commission to establish compensation
of Commission officers and employees.
Sec. 3524. Travel, transportation, and subsistence expenses for
Commission personnel no longer subject to
Federal Travel Regulation.
Sec. 3525. Enhanced recruitment and retention authorities.
Sec. 3526. Transition separation incentive payments.
Sec. 3527. Labor-management relations.
Sec. 3528. Availability of Panama Canal Revolving Fund for severance
pay for certain employees separated by
Panama Canal Authority after Canal Transfer
Date.
Part II--Transition Matters Relating to Operation and Administration of
Canal
Sec. 3541. Establishment of procurement system and board of contract
appeals.
Sec. 3542. Transactions with the Panama Canal Authority.
Sec. 3543. Time limitations on filing of claims for damages.
Sec. 3544. Tolls for small vessels.
Sec. 3545. Date of actuarial evaluation of FECA liability.
Sec. 3546. Notaries public.
Sec. 3547. Commercial services.
Sec. 3548. Transfer from President to Commission of certain regulatory
functions relating to employment
classification appeals.
Sec. 3549. Enhanced printing authority.
Sec. 3550. Technical and conforming amendments.
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. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ``congressional defense
committees'' means--
(1) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(2) the Committee on National Security and the Committee on
Appropriations of the House of Representatives.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 1998
for procurement for the Army as follows:
(1) For aircraft, $1,535,264,000.
(2) For missiles, $1,176,516,000.
(3) For weapons and tracked combat vehicles,
$1,519,527,000.
(4) For ammunition, $1,093,802,000.
(5) For other procurement, $2,640,277,000.
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, $6,172,950,000.
(2) For weapons, including missiles and torpedoes,
$1,214,687,000.
(3) For shipbuilding and conversion, $7,654,977,000.
(4) For other procurement, $3,073,432,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 1998 for procurement for the Marine Corps in the amount
of $442,807,000.
(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 $470,355,000.
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, $6,770,900,000.
(2) For missiles, $2,389,183,000.
(3) For ammunition, $436,984,000.
(4) For other procurement, $6,574,096,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 1998
for Defense-wide procurement in the amount of $1,836,989,000.
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, $102,700,000.
(2) For the Air National Guard, $117,775,000.
(3) For the Army Reserve, $90,400,000.
(4) For the Naval Reserve, $118,000,000.
(5) For the Air Force Reserve, $167,630,000.
(6) For the Marine Corps Reserve, $98,600,000.
(7) For the Coast Guard Reserve, $5,250,000.
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 $610,700,000 for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such Act.
SEC. 108. DEFENSE HEALTH PROGRAMS.
Funds are hereby authorized to be appropriated for fiscal year 1998
for the Department of Defense for procurement for carrying out health
care programs, projects, and activities of the Department of Defense in
the total amount of $279,068,000.
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 in the total amount of $1,231,000.
Subtitle B--Other Matters
SEC. 121. LIMITATION ON OBLIGATION OF FUNDS FOR THE SEAWOLF SUBMARINE
PROGRAM.
(a) Limitation.--The Secretary of the Navy may not obligate more
than 50 percent of the funds appropriated for fiscal year 1998 for
Shipbuilding and Conversion for the Navy that are specified as being
available for the Seawolf submarine program until the Secretary
certifies to the congressional defense committees that the Secretary
will include in the future-years defense program accompanying the
fiscal year 1999 budget for the Department of Defense not less than 50
percent of the amount necessary to fully fund incorporation into each
of the first four vessels in the New Attack Submarine program the
technology insertion opportunities specified in subsection (b).
(b) Technology Insertion Opportunities.--The technology insertion
opportunities referred to in subsection (a) are those technology
insertion opportunities available for the first four vessels in the New
Attack Submarine program that were presented by the Assistant Secretary
of the Navy (Research, Development, and Acquisition) in testimony
before the Procurement Subcommittee of the Committee on National
Security of the House of Representatives on March 18, 1997.
SEC. 122. REPORT ON ANNUAL BUDGET SUBMISSION REGARDING THE RESERVE
COMPONENTS.
(a) In General.--Chapter 1013 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 10544. Budget information
``(a) Report.--The Secretary of Defense shall submit to the
congressional committees specified in subsection (d), at the same time
that the President submits the budget for a fiscal year under section
1105(a) of title 31, United States Code, a report on amounts requested
in that budget for the reserve components.
``(b) Content.--The report shall include the following:
``(1) A description of the anticipated effect that the
amounts requested (if approved by Congress) will have to
enhance the capabilities of each of the reserve components.
``(2) A listing, with respect to each such component, of
each of the following:
``(A) The amount requested for each major weapon
system for which funds are requested in the budget for
that component.
``(B) The amount requested for each item of
equipment (other than a major weapon system) for which
funds are requested in the budget for that component.
``(c) Inclusion of Information in Next FYDP.--The Secretary of
Defense shall specifically display in the each future-years defense
program (or program revision) submitted to Congress under section 221
of this title the amounts programmed for procurement of equipment for
each of the reserve components.
``(d) Congressional Committees Specified.--The congressional
committees referred to in subsection (a) are the following:
``(1) The Committee on Armed Services and the Committee on
Appropriations of the Senate.
``(2) The Committee on National Security and the Committee
on Appropriations of the House of Representatives.
``(e) Exclusion of Coast Guard Reserve.--In this section, the term
`reserve components' does not include the Coast Guard Reserve.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``10544. Budget information.''.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 1998
for the use of the Department of Defense for research, development,
test, and evaluation as follows:
(1) For the Army, $4,752,913,000.
(2) For the Navy, $7,946,996,000.
(3) For the Air Force, $14,659,736,000.
(4) For Defense-wide activities, $9,914,080,000, of which--
(A) $279,683,000 is authorized for the activities
of the Director, Test and Evaluation; and
(B) $23,384,000 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, $4,131,871,000 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 TECHNOLOGY PROGRAM.
(a) Funding Requirement.--Of the amounts appropriated pursuant to
the authorizations in section 201 for the Department of Defense for
science and technology programs for each of fiscal years 1998 through
2001, at least the following percentages of such amounts shall be
available in the applicable fiscal year only for dual-use projects of
the Department of Defense:
(1) For fiscal year 1998, 5 percent.
(2) For fiscal year 1999, 7 percent.
(3) For fiscal year 2000, 10 percent.
(4) For fiscal year 2001, 15 percent.
(b) Senior Official for Dual-Use Program.--The person responsible
for developing policy relating to, and ensuring effective
implementation of, the dual-use technology program of the Department of
Defense is the senior official designated by the Secretary of Defense
under section 203(b) of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2451).
(c) Limitation on Obligations.--(1) Except as provided in paragraph
(2), funds made available pursuant to subsection (a) may not be
obligated until the senior official referred to in subsection (b)
approves the obligation.
(2) Paragraph (1) does not apply with respect to funds made
available pursuant to subsection (a) to the Defense Advanced Research
Projects Agency.
(3) Funds made available pursuant to subsection (a) may be used for
a dual-use project only if the contract, cooperative agreement, or
other transaction by which the project is carried out is entered into
through the use of competitive procedures.
(d) Transfer Authority.--In addition to the transfer authority
provided in section 1001, the Secretary of Defense may transfer funds
made available pursuant to subsection (a) for a dual-use project from a
military department or defense agency to another military department or
defense agency to ensure efficient implementation of the dual-use
technology program. The Secretary may delegate the authority provided
in the preceding sentence to the senior official referred to in
subsection (b).
(e) Federal Cost Share.--(1) The share contributed by the Secretary
of a military department or the head of a defense agency for the cost
of a dual-use project during fiscal years 1998, 1999, 2000, and 2001
may not be greater than 50 percent of the cost of the project for that
fiscal year.
(2) In calculating the share of the costs of a dual-use program
contributed by a military department or a non-Government entity, the
Secretaries of the military departments may not consider in-kind
contributions.
(f) Definitions.--In this section, the terms ``dual-use technology
program'', ``dual-use project'', and ``science and technology program''
have the meanings provided by section 203(h) of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat.
2452).
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. MANUFACTURING TECHNOLOGY PROGRAM.
Section 2525 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(e) Funding Requirement.--(1) Subject to paragraph (2), the
Secretary of Defense shall make available each fiscal year for the
Manufacturing Technology Program the greater of the following amounts:
``(A) 0.25 percent of the amount available for the fiscal
year concerned for the demonstration and validation,
engineering and manufacturing development, operational systems
development, and procurement programs of the military
departments and Defense Agencies.
``(B) The amount authorized to be appropriated by law for
the fiscal year concerned for projects of the military
departments and Defense Agencies under the Manufacturing
Technology Program.
``(2) Paragraph (1) applies to fiscal years 1998, 1999, and 2000.
``(f) Transfer Authority.--The Secretary of Defense may transfer
funds made available pursuant to subsection (e) from a military
department or Defense Agency to another military department or Defense
Agency to ensure efficient implementation of the Manufacturing
Technology Program. The Secretary may delegate the authority provided
in the preceding sentence to the Under Secretary of Defense for
Acquisition and Technology. Authority to transfer funds under this
subsection is in addition to any other authority provided by law to
transfer funds (whether enacted before, on, or after the date of the
enactment of this section) and is not subject to any dollar limitation
or notification requirement contained in any other such authority to
transfer funds.
``(g) Report.--(1) At the same time the President submits to
Congress the budget for fiscal year 1999 pursuant to section 1105(a) of
title 31, the Secretary of Defense shall submit to Congress a report
that--
``(A) specifies the plans of the Secretary for expenditures
under the program during fiscal years 1998, 1999, and 2000; and
``(B) assesses the effectiveness of the program.
``(2) The Secretary shall submit an updated version of such report
at the same time the President submits the budget for each fiscal year
after fiscal year 1999 during which the program is in effect shall
include--
``(A) an assessment of whether the funding of the program,
as provided pursuant to the funding requirement of subsection
(e), is sufficient; and
``(B) any recommendations considered appropriate by the
Secretary for changes in, or an extension of, the funding
requirement of subsection (e).''.
SEC. 212. REPORT ON STRATEGIC ENVIRONMENTAL RESEARCH AND DEVELOPMENT
PROGRAM.
(a) Report.--Not later than February 28, 1998, the Secretary of
Defense shall submit to Congress a report containing, for each project
or activity of the Strategic Environmental Research and Development
Program--
(1) an explanation of why the project or activity is not
duplicative of environmentally related research, development,
and demonstration activities of other departments and agencies
of the Federal Government, of State and local governments, or
of other organizations engaged in such activities; and
(2) an explanation of why the project or activity is
uniquely related to and necessary for the mission of the
Department of Defense.
(b) Limitation on Use of Funds Pending Submission of Report.--Not
more than 50 percent of the funds appropriated for the Strategic
Environmental Research and Development Program pursuant to the
authorization of appropriations in section 201(4) may be expended until
the Secretary of Defense submits the report required under this
section.
SEC. 213. TACTICAL UNMANNED AERIAL VEHICLES.
(a) Prohibition on Funding for Outrider ACTD Program.--No funds
authorized to be appropriated under section 201 may be obligated for
the Outrider Advanced Concept Technology Demonstration (ACTD) program.
(b) Funding Requirements.--Of the funds authorized to be
appropriated for tactical unmanned aerial vehicles (TUAV) under section
201--
(1) $10,000,000 shall be available to carry out a
competition for an unmanned aerial vehicle capable of vertical
takeoff and landing; and
(2) $11,500,000 shall be available to provide a Predator
Unmanned Aerial Vehicle system equipped with synthetic aperture
radar and associated equipment to facilitate the development of
a common Tactical Control System for unmanned aerial vehicles.
SEC. 214. REVISIONS TO MEMBERSHIP OF AND APPOINTMENT AUTHORITY FOR
NATIONAL OCEAN RESEARCH LEADERSHIP COUNCIL.
(a) Membership Revisions.--Section 7902(b) of title 10, United
States Code, is amended--
(1) by striking out paragraph (11); and
(2) in paragraph (17), by striking out ``One member'' and
inserting in lieu thereof ``Not more than four members''.
(b) Appointment Authority Revisions.--Section 7902 of such title is
amended--
(1) in paragraphs (14), (15), (16), and (17) of subsection
(b), by striking out ``chairman'' each place it appears and
inserting in lieu thereof ``President''; and
(2) by adding at the end the following new subsection:
``(j) Delegation of Appointment Authority.--The President may
delegate the authority to make appointments under subsection (b) to the
head of a department, without authority to redelegate.''.
(c) Conforming Amendments.--(1) Section 7902 of such title is
further amended--
(A) in subsection (b), by redesignating paragraphs (12),
(13), (14), (15), (16), and (17) as paragraphs (11), (12),
(13), (14), (15), and (16), respectively; and
(B) in subsection (d), by striking out ``(14), (15), (16),
or (17)'' and inserting in lieu thereof ``(13), (14), (15), or
(16)''.
(2) Section 282 of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2473) is amended by
striking out subsection (c).
SEC. 215. 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 (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. 216. EXPANSION OF ELIGIBILITY FOR 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) is amended by adding
at the end of subsection (d) the following new paragraph:
``(3) 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. 217. LIMITATION ON USE OF FUNDS FOR ADAPTION OF INTEGRATED
DEFENSIVE ELECTRONIC COUNTERMEASURES (IDECM) PROGRAM TO
F/A-18E/F AIRCRAFT AND A/V-8B AIRCRAFT.
Not more than 50 percent of the amount authorized to be
appropriated in section 201(2) for development of the Integrated
Defensive Electronic Countermeasures (IDECM) program for adaption to
the F/A-18E/F aircraft and the AV-8B aircraft may be obligated until
the amount authorized in section 201(2) for development of the IDECM
program for adaption to the F/A-18C/D aircraft is obligated.
SEC. 218. BIOASSAY TESTING OF VETERANS EXPOSED TO IONIZING RADIATION
DURING MILITARY SERVICE.
Of the amount provided in section 201(4), $300,000 shall be
available for the Nuclear Test Personnel Review Program conducted by
the Defense Special Weapons Agency.
Subtitle C--Ballistic Missile Defense Programs
SEC. 231. BUDGETARY TREATMENT OF AMOUNTS REQUESTED 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: 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
the National Missile Defense program or for any system that is part of
the core theater missile defense program 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.
``(b) 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).''.
(b) Clerical Amendment.--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: amounts for procurement.''.
SEC. 232. COOPERATIVE 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. All international
cooperative ballistic missile defense programs of the Department of
Defense shall be budgeted and administered through that program
element.
(b) 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).
SEC. 233. DEPLOYMENT DATES FOR CORE THEATER MISSILE DEFENSE PROGRAMS.
(a) Change in Deployment Dates.--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)--
(A) by striking out ``with a'' and inserting in
lieu thereof ``to be carried out so as to achieve a'';
and
(B) by striking out ``fiscal year 1998'' and
``fiscal year 2000'' and inserting in lieu
thereof ``fiscal year 2000'' and ``fiscal year 2004'', respectively;
and
(5) in paragraph (4), by striking out ``Navy Upper Tier
(Theater Wide) system, with'' and inserting in lieu thereof
``Navy Theater Wide system, to be carried out so as to
achieve''.
(b) Conforming Amendments for Program Element Name Changes.--
Section 251(a) of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104-106; 110 Stat. 233; 10 U.S.C. 221 note) is
amended--
(1) in paragraph (2), by striking out ``Navy Lower Tier
(Area) system'' and inserting in lieu thereof ``Navy Area
Defense system''; and
(2) in paragraph (4), by striking out ``Navy Upper Tier
(Theater Wide) system'' and inserting in lieu thereof ``Navy
Theater Wide system''.
SEC. 234. ANNUAL 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.
(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
``(a) Grade.--The position of Director of the Ballistic Missile
Defense Organization--
``(1) may only be held by an officer of the armed forces on
the active-duty list; and
``(2) shall be designated under section 601 of this title
as a position of importance and responsibility to carry the
grade of general or admiral or lieutenant general or vice
admiral.
``(b) Line of Authority to Secretary of Defense.--The Director of
the Ballistic Missile Defense Organization reports directly to the
Secretary of Defense and (if so directed by the Secretary) the Deputy
Secretary of Defense, without intervening review or approval by any
other officer of the Department of Defense, with respect to all matters
pertaining to the management of ballistic missile defense programs for
which the Director has responsibility (including matters pertaining to
the status of those programs and the budgets for those programs).''.
(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. TACTICAL HIGH ENERGY LASER PROGRAM.
(a) Transfer of Program.--The Secretary of Defense shall transfer
the Tactical High Energy Laser program from the Secretary of the Army
to the Director of the Ballistic Missile Defense Organization, to be
carried out under the Cooperative Ballistic Missile Defense Program
established pursuant to section 232(a).
(b) Authorization.--Of the amount authorized to be appropriated in
section 201, $38,200,000 is authorized for the Tactical High Energy
Laser program.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 1998
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, in amounts as follows:
(1) For the Army, $17,185,034,000.
(2) For the Navy, $21,372,699,000.
(3) For the Marine Corps, $2,381,245,000.
(4) For the Air Force, $18,745,985,000.
(5) For Defense-wide activities, $10,030,057,000.
(6) For the Army Reserve, $1,202,891,000.
(7) For the Naval Reserve, $849,711,000.
(8) For the Marine Corps Reserve, $110,366,000.
(9) For the Air Force Reserve, $1,629,120,000.
(10) For the Army National Guard, $2,266,432,000.
(11) For the Air National Guard, $2,985,969,000.
(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, $377,337,000.
(15) For Environmental Restoration, Navy, $277,500,000.
(16) For Environmental Restoration, Air Force,
$378,900,000.
(17) For Environmental Restoration, Defense-wide,
$27,900,000.
(18) For Environmental Restoration, Formerly Used Defense
Sites, $202,300,000.
(19) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $50,000,000.
(20) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $661,671,000.
(21) For the Kaho'olawe Island Conveyance, Remediation, and
Environmental Restoration Trust Fund, $10,000,000.
(22) For Medical Programs, Defense, $9,975,382,000.
(23) For Cooperative Threat Reduction programs,
$284,700,000.
(24) For Overseas Contingency Operations Transfer Fund,
$1,467,500,000.
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, $1,181,626,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 1998
from the Armed Forces Retirement Home Trust Fund the sum of $79,977,000
for the operation of the Armed Forces Retirement Home, including the
United States Soldiers' and Airmen's Home and the Naval Home.
SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE TRANSACTION FUND.
(a) Transfer Authority.--To the extent provided in appropriations
Acts, not more than $150,000,000 is authorized to be transferred from
the National Defense Stockpile Transaction Fund to operation and
maintenance accounts for fiscal year 1998 in amounts as follows:
(1) For the Army, $50,000,000.
(2) For the Navy, $50,000,000.
(3) For the Air Force, $50,000,000.
(b) Treatment of Transfers.--Amounts transferred under this
section--
(1) shall be merged with, and be available for the same
purposes and the same period as, the amounts in the accounts to
which transferred; and
(2) may not be expended for an item that has been denied
authorization of appropriations by Congress.
(c) Relationship to Other Transfer Authority.--The transfer
authority provided in this section is in addition to the transfer
authority provided in section 1001.
SEC. 305. 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 shall be
available only 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. 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 at the Anniston Army
Depot 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. PROCUREMENT AND ELECTRONIC COMMERCE TECHNICAL ASSISTANCE
PROGRAM.
(a) Authorization.--Subject to subsection (c), of the amount
authorized to be appropriated under section 301(5), $15,000,000 shall
be available for carrying out the provisions of chapter 142 of title
10, United States Code.
(b) Prohibition.--Subject to subsection (c), the Secretary of
Defense may not obligate or expend any funds available for research,
development, test, and evaluation to establish or operate a resource
center or program to provide technical assistance relating to
electronic commerce.
(c) Limitation.--Subsections (a) and (b) apply only in the event of
the consolidation of the procurement technical assistance program and
the electronic commerce resource program as a single technical
assistance program funded with amounts available for operation and
maintenance.
SEC. 308. AVAILABILITY OF FUNDS FOR SEPARATION PAY FOR DEFENSE
ACQUISITION PERSONNEL.
Of the amount authorized to be appropriated pursuant to section
301(5) for operation and maintenance for Defense-wide activities,
$100,000,000 shall be available only for the payment of separation pay
for defense acquisition personnel (other than pursuant to section 5597
of title 5, United States Code).
Subtitle B--Military Readiness Issues
SEC. 311. EXPANSION OF SCOPE OF QUARTERLY READINESS REPORTS.
(a) Expanded Reports Required.--Section 482 of title 10, United
States Code, is amended to read as follows:
``Sec. 482. Quarterly readiness reports
``(a) Quarterly Reports Required.--Not later than 30 days after the
end of each calendar-year quarter, 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 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) readiness problems or deficiencies identified using
the assessments considered under subsection (c);
``(2) planned remedial actions; and
``(3) the key indicators and other relevant information
related to the identified problem or 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.
``(d) Comprehensive Readiness Indicators.--Each report shall also
include information regarding each military department (and an
evaluation of such information) with respect to each of the following
readiness indicators:
``(1) Personnel strength.--
``(A) Individual personnel status.
``(B) Historical and projected personnel trends.
``(2) Personnel turbulence.--
``(A) Recruit quality.
``(B) Borrowed manpower.
``(C) Personnel stability.
``(3) Other personnel matters.--
``(A) Personnel morale.
``(B) Medical and dental readiness.
``(C) Recruit shortfalls.
``(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.
``(e) Unit Readiness Indicators.--Each report shall also include
information regarding the readiness of each 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) If the unit received a readiness rating below C-1 in
personnel for the quarter, the primary reason for the lower
rating, by reason code and definition.
``(5) If the unit received a readiness rating below C-1 in
equipment and supplies on hand for the quarter, the primary
reason for the lower rating, by reason code and definition.
``(6) If the unit received a readiness rating below C-1 in
equipment condition for the quarter, the primary reason for the
lower rating, by reason code and definition.
``(7) If the unit received a readiness rating below C-1 in
training for the quarter, the primary reason for the lower
rating, by reason code and definition.
``(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.''.
(b) Implementation 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) First Report; Transition.--The first report required under
section 482 of title 10, United States Code, as amended by subsection
(a), shall be submitted not later than October 31, 1997. Until the
report required 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. 312. LIMITATION ON REALLOCATION OF FUNDS WITHIN OPERATION AND
MAINTENANCE APPROPRIATIONS.
(a) Limitation.--Whenever the Secretary of Defense proposes to
reallocate funds within an O&M budget activity in a manner described in
subsection (b), the reallocation may be made only--
(1) after the Secretary submits to the congressional
defense committees notice of the proposed reallocation; and
(2) if the procedures generally applicable to transfers of
funds between appropriations of the Department of Defense have
been followed with respect to such reallocation.
(b) Covered Reallocations.--Subsection (a) applies in the case of
any reallocation of funds from a subactivity of an O&M budget activity
to another subactivity within the same O&M budget activity or to
another O&M budget activity within the same operation and maintenance
appropriation if the amount to be reallocated, when added to any
previous amounts reallocated from that subactivity for that fiscal
year, is in excess of $10,000,000.
(c) 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.
(d) Covered Fiscal Years.--This section applies with respect to
funds appropriated for fiscal years 1998, 1999, and 2000.
SEC. 313. 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. 314. PROHIBITION OF IMPLEMENTATION OF TIERED READINESS SYSTEM.
(a) Prohibition.--The Secretary of a military department may not
implement, or be required to implement, a readiness system for units of
the Armed Forces under the jurisdiction of that Secretary under which a
military unit would be categorized into one of several categories (or
``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 that implementation, for one or more of the Armed
Forces, of a tiered readiness system that is otherwise prohibited by
subsection (a) would be in the national security interests of the
United States, 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 setting forth that determination of
the Secretary, together with the rationale for that determination, and
a request for the enactment of legislation to allow implementation of
such a system.
SEC. 315. REPORTS ON TRANSFERS FROM HIGH-PRIORITY READINESS
APPROPRIATIONS.
(a) Annual and Quarterly 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) Quarterly Reports.--Not later than 30 days after the end of
each quarter of a fiscal year, the Secretary of Defense shall submit to
the congressional committees specified in subsection (a) a report on
transfers, during that fiscal year quarter, 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.
``(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.
``(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. 316. REPORT ON CHAIRMAN, JOINT CHIEFS OF STAFF EXERCISE PROGRAM
AND PARTNERSHIP FOR PEACE PROGRAM.
(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 training exercises program known as the ``CJCS Exercise
Program'' and under the training exercises program known as the
Partnership for Peace program.
(b) Information on Exercises Conducted or To Be Conducted.--The
report under subsection (a) shall include the following information for
each such exercise, which shall be set forth by fiscal year and shown
within fiscal year by the sponsoring command:
(1) Name of the exercise.
(2) Type, description, duration, and objectives of the
exercise
(3) Command sponsoring the exercise.
(4) Participating units, including the number of personnel
participating in each unit.
(5) For each participating unit, the percentage of the
tasks on that unit's specification of tasks knows as a Mission
Essential Task List (or comparable specification, in the case
of any of the Armed Forces that do not maintain a Mission
Essential Task List designation) scheduled to be performed as
part of the exercise.
(6) The cost of the exercise 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.
(7) The priority of the exercise in relation to all other
exercises planned by the sponsoring command to be conducted
during that fiscal year.
(8) In the case of an exercise conducted under the
Partnership for Peace program, the country with which each the
exercise was conducted.
(c) Assessment.--The report shall include--
(1) an assessment of the ability of each of the Armed
Forces to meet requirements of the CJCS Exercise Program and
the Partnership for Peace program with available assets;
(2) an assessment of the training value of each exercise
covered in the report to each unit participating in the
exercise, including for each such unit an assessment of the
value of the percentage under subsection (b)(5) as an indicator
of the training value of the exercise for that unit; and
(3) options to minimize the negative effects on operational
and personnel tempo resulting from the CJCS Exercise Program
and the Partnership for Peace program.
(d) Funding Limitation Pending Receipt of Report.--Of the funds
available for fiscal year 1998 for the conduct of the CJSC Exercise
Program, not more than 50 percent may be expended before the report
under subsection (a) is submitted.
SEC. 317. QUARTERLY REPORTS ON EXECUTION OF OPERATION AND MAINTENANCE
APPROPRIATIONS.
(a) Report Required.--Chapter 23 of title 10, United States Code,
is amended by inserting after section 483, as added by section 315, the
following new section:
``Sec. 484. Quarterly reports on execution of operation and maintenance
appropriations
``(a) Report Required.--Not later than 60 days after the end of
each quarter of a fiscal year, 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 containing
budget execution data for each budget activity group (known as a
`subactivity') within the annual operation and maintenance
appropriations for the period covered by the report. A report shall
cover all preceding quarters of the fiscal year involved.
``(b) Manner of Presenting Data.--The budget execution data
required under subsection (a) shall be displayed for the fiscal year
involved in the same manner used in the operation and maintenance
tables contained in the budget justification document entitled `O-1
Exhibit' submitted to Congress in support of the budget of the
Department of Defense, as included in the budget of the President
submitted under section 1105 of title 31.
``(c) Required Information.--The following information shall be
provided for each budget activity group:
``(1) Amounts authorized to be appropriated.
``(2) Amounts appropriated.
``(3) Direct obligations.
``(4) Total obligational authority.
``(5) Amounts related to unbudgeted contingency operations.
``(6) Direct obligations related to unbudgeted contingency
operations.''.
(b) Clerical Amendment.--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 315, the following new item:
``484. Quarterly reports on execution of operation and maintenance
appropriations.''.
Subtitle C--Civilian Personnel
SEC. 321. PAY PRACTICES WHEN OVERSEAS TEACHERS TRANSFER TO GENERAL
SCHEDULE POSITIONS.
Section 5334(d) of title 5, United States Code, is amended by
striking out ``is deemed increased by 20 percent'' and inserting in
lieu thereof ``shall be increased by such amount as may be authorized,
if any, under regulations issued by the Secretary of Defense, but not
to exceed 20 percent,''.
SEC. 322. 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 shall establish explicit procedures to satisfy
the percentage requirement of paragraph (1).''.
(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 Federal Emergency Management Agency as
meeting the requirements of the fire 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 on Implementation.--Not later than March 31, 1998, the
Administrator of General Services, after consultation with the agencies
covered by section 5707a of title 5, United States Code, shall submit
to Congress a report describing the procedures established by each
agency to satisfy the percentage requirement imposed by subsection (a)
of such section, as amended by this section.
Subtitle D--Depot-Level Activities
SEC. 331. 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. 332. EXCLUSION OF CERTAIN LARGE MAINTENANCE AND REPAIR PROJECTS
FROM PERCENTAGE LIMITATION ON CONTRACTING FOR DEPOT-LEVEL
MAINTENANCE.
Section 2466 of title 10, United States Code, is amended by
inserting after subsection (a) the following new subsection:
``(b) Treatment of Certain Large Projects.--If a maintenance or
repair project concerning an aircraft carrier or submarine that is
contracted for performance by non-Federal Government personnel and that
accounts for five percent or more of the funds made available in a
fiscal year to a military department or a Defense Agency for depot-
level maintenance and repair workload, the project and the funds
necessary for the project shall not be considered when applying the
percentage limitation specified in subsection (a) to that military
department or Defense Agency.''.
SEC. 333. RESTRICTIONS ON CONTRACTS FOR PERFORMANCE OF DEPOT-LEVEL
MAINTENANCE AND REPAIR AT CERTAIN FACILITIES.
(a) Depot-Level Maintenance and Repair Defined.--(1) 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 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 all aspects of software maintenance and such
portions of interim contractor support, contractor logistics support,
or any similar contractor support for the performance of services that
are described in the preceding sentence.
``(b) Exception.--The term does not include the procurement of a
major weapon system modification or upgrade, except where the changes
to the system are primarily for safety reasons, to correct a
deficiency, or to improve program performance.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting before the item relating to section 2461 the
following new item:
``2460. Definition of depot-level maintenance and repair.''.
(b) Restriction on Certain Contracts.--Section 2469 of title 10,
United States Code, is amended--
(1) in subsections (a) and (b), by striking out ``or
repair'' and inserting in lieu thereof ``and repair''; and
(2) by adding at the end the following new subsection:
``(d) Restriction on Contracts at Certain Facilities.--
``(1) Restriction.--The Secretary of Defense may not enter
into any contract for the performance of depot-level
maintenance and repair of weapon systems or other military
equipment of the Department of Defense, or for the performance
of management functions related to depot-level maintenance and
repair of such systems or equipment, at any military
installation where a depot-level maintenance and repair
facility was approved in 1995 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). In the preceding
sentence, the term `military installation' includes a former
military installation closed under the Act that was a military
installation when it was approved for closure under the Act.
``(2) Exception.--Paragraph (1) shall not apply with
respect to an installation or former installation described in
such paragraph if the Secretary of Defense certifies to
Congress, not later than 45 days before entering into a
contract for depot-level maintenance and repair at the
installation or former installation, that--
``(A) not less than 80 percent of the capacity at
each of the depot-level maintenance and repair
activities of the military department concerned is
being utilized on an ongoing basis to perform
industrial operations in support of the depot-level
maintenance and repair of weapon systems and other
military equipment of the Department of Defense;
``(B) the Secretary has determined, on the basis of
a detailed analysis (which the Secretary shall submit
to Congress with the certification), that the total
amount of the costs of the proposed contract to the
Government, both recurring and nonrecurring and
including any costs associated with planning for and
executing the proposed contract, would be less than the
costs that would otherwise be incurred if the depot-
level maintenance and repair to be performed under the
contract were performed using equipment and facilities
of the Department of Defense;
``(C) all of the information upon which the
Secretary determined that the total costs to the
Government would be less under the contract is
available for examination; and
``(D) none of the depot-level maintenance and
repair to be performed under the contract was
considered, before July 1, 1995, to be a core logistics
capability of the military department concerned
pursuant to section 2464 of this title.
``(3) Capacity of depot-level activities.--For purposes of
paragraph (2)(A), the capacity of depot-level maintenance and
repair activities shall be considered to be the same as the
maximum potential capacity identified by the Defense Base
Closure and Realignment Commission for purposes of the
selection in 1995 of military installations for closure or
realignment under the Defense Base Closure and Realignment Act
of 1990, without regard, after 1995, to any limitation on the
maximum number of Federal employees (expressed as full time equivalent
employees or otherwise), Federal employment levels, or the actual
availability of equipment to support depot-level maintenance and
repair.
``(4) GAO review.--At the same time that the Secretary
submits the certification and analysis to Congress under
paragraph (2), the Secretary shall submit a copy of the
certification and analysis to the Comptroller General. The
Comptroller General shall review the analysis and the
information referred to in subparagraph (C) of paragraph (2)
and, not later than 30 days after Congress receives the
certification, submit to Congress a report containing a
statement regarding whether the Comptroller General concurs
with the determination of the Secretary included in the
certification pursuant to subparagraph (B) of that paragraph.
``(5) Application.--This subsection shall apply with
respect to any contract described in paragraph (1) that is
entered into, or proposed to be entered into, after January 1,
1997.''.
SEC. 334. CORE LOGISTICS FUNCTIONS OF DEPARTMENT OF DEFENSE.
Section 2464(a) of title 10, United States Code, is amended--
(1) in paragraph (1), by striking out ``a logistics
capability (including personnel, equipment, and facilities)''
and inserting in lieu thereof ``a core logistics capability
that is Government-owned and Government-operated (including
Government personnel and Government-owned and Government-
operated equipment and facilities)'';
(2) in paragraph (2), by striking out ``the logistics'' and
inserting in lieu thereof ``the core logistics''; and
(3) by adding at the end the following new paragraphs:
``(3) Those core logistics activities identified under paragraphs
(1) and (2) shall include the capability, facilities, and equipment to
maintain and repair all types of weapon systems and other military
equipment that are identified by the Secretary, in consultation with
the Joint Chiefs of Staff, as necessary to enable the armed forces to
fulfill the national military strategy, including the capability and
capacity to maintain and repair any new mission-essential weapon system
or materiel within four years after the system or materiel achieves
initial operational capability.
``(4) The Secretary of Defense shall require the performance of
core logistics activities 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 proficiency in
peacetime while preserving the surge capacity and reconstitution
capabilities necessary to meet the military contingencies provided for
in the national military strategy.''.
SEC. 335. 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 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).
``(b) Public-Private Partnerships.--The Secretary of Defense shall
enable Centers of Industrial and Technical Excellence to form public-
private partnerships for the performance of depot-level maintenance and
repair and shall encourage the use of such partnerships to maximize the
utilization of the capacity at such Centers.
``(c) Additional Work.--The policy required under subsection (a)
shall include measures to enable a private sector entity that enters
into a partnership arrangement under subsection (b) or leases excess
equipment and facilities at a Center of Industrial and Technical
Excellence pursuant to section 2471 of this title to perform
additional work at the Center, subject to the limitations outlined in
subsection (b) of such section, outside of the types of work normally
assigned to the Center.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``2474. Centers of Industrial and Technical Excellence: designation;
public-private partnerships.''.
(b) Reporting Requirement.--Not later than March 1, 1998, the
Secretary of Defense shall submit to Congress a report 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.
SEC. 336. PERSONNEL REDUCTIONS, ARMY DEPOTS PARTICIPATING IN ARMY
WORKLOAD AND PERFORMANCE SYSTEM.
The Secretary of the Army may not carry out 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--
(1) the Army Workload and Performance System is fully
op
